January 28, 2011
HOUSE BILL No. 1242
_____
DIGEST OF HB 1242
(Updated January 26, 2011 7:10 pm - DI 75)
Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-9; IC 3-10;
IC 3-11; IC 3-13; IC 9-24; IC 36-2.
Synopsis: Various election law matters. Makes the following changes
to the election law: (1) Specifies the contents of statewide voter
registration system reports. (2) Specifies certain procedures in
connection with voter list maintenance, and updates procedures for
address changes of voter registration records in the statewide voter
registration system. (3) Permits a county voter registration office to
return to a candidate for President of the United States, United States
Senator, or governor, after the petition is certified, an original petition
that accompanies a declaration of candidacy. (4) Changes several dates
concerning the certification of ballot questions and devices to conform
to the date in current law for the certification of candidates. (5) Permits
the dissolution of a committee without the waiver of outstanding civil
penalties previously imposed on the committee, and specifies that the
chairman or treasurer of the committee remains liable for any
committee debts. (6) Requires that county voter registration records be
updated not later than 60 days after election day or after completion of
a recount or contest. (7) Provides that if a proposed precinct boundary
splits a census block, the precinct establishment order must include a
description of the precinct boundary in metes and bounds or one or
more aerial photographs that depict each census block that is split and
the boundary of the precinct that splits each census block. Makes other
technical changes to precinct boundary change procedures. (8)
Requires a certificate of nomination in a special election called by the
(Continued next page)
Effective: July 1, 2011.
Richardson
, Behning
, Ellspermann
,
DeLaney
, Koch
January 12, 2011, read first time and referred to Committee on Elections and
Apportionment.
January 27, 2011, amended, reported _ Do Pass.
Digest Continued
governor to be filed not later than noon 74 days (rather than noon 50
days) before the date of the election. (9) Specifies that notice of a
meeting to fill an early candidate vacancy must be filed not later than
noon ten days before the meeting with the public official required to
receive these notices. (10) Specifies that a certificate to fill certain
early candidate vacancies must be filed not later than noon three days
after the selection of the candidates. (11) Permits a county chairman of
a political party to designate a person to preside over a meeting to fill
an early candidate vacancy or a vacancy in a local office. (12) Makes
other changes relating to filling candidate vacancies. (13) Repeals
obsolete references concerning voting instructions, paper ballots, and
special polling places. (14) Makes a technical correction.
January 28, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
HOUSE BILL No. 1242
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-5-4-1.9; (11)HB1242.1.1. -->
SECTION 1. IC 3-5-4-1.9, AS ADDED BY P.L.164-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1.9. (a) This section does not apply to a
delinquent campaign finance filing received under IC 3-9.
(b) This section does not apply to an application for voter
registration received while registration is closed under IC 3-7.
(c) Except as otherwise provided in this title, the election division,
an election board, a circuit court clerk, a county voter registration
office, or any other official responsible for receiving a filing under this
title may not receive a filing that is offered to be filed after a deadline
for the filing provided by this title.
SOURCE: IC 3-5-4-7; (11)HB1242.1.2. -->
SECTION 2. IC 3-5-4-7, AS AMENDED BY P.L.230-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 7. Except as otherwise provided in this title, a
reference to a federal statute or regulation in this title is a reference to
the statute or regulation as in effect January 1, 2005. 2011.
SOURCE: IC 3-6-3-6; (11)HB1242.1.3. -->
SECTION 3. IC 3-6-3-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. (a) After the state chairman of a
political party files a statement with the election division certifying that
the party's name has been changed in accordance with all applicable
party rules, a political party shall be known by the political party's new
name, and the party has all the rights it had under its former name.
(b) If the state chairman of a political party files a statement under
subsection (a) after the printing of ballots for use at an election
conducted under this title has begun, the election division or the
election board responsible for printing the ballots is not required to
alter the ballots to state the new name of the political party.
SOURCE: IC 3-6-6-39; (11)HB1242.1.4. -->
SECTION 4. IC 3-6-6-39, AS AMENDED BY P.L.230-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 39. (a) The county election board by unanimous
vote of the entire membership of the board may permit an individual
who is not a voter to serve as any precinct election officer (other than
inspector), or to assist a precinct election officer, if the individual
satisfies all the following:
(1) The individual is at least sixteen (16) years of age but not
more than seventeen (17) eighteen (18) years of age
or older.
(2) The individual is a citizen of the United States.
(3) The individual is a resident of the county.
(4) The individual has a cumulative grade point average
equivalent to not less than 3.0 on a 4.0 scale.
(5) The individual has the written approval of the principal of the
school the individual attends at the time of the appointment or, if
the student is educated in the home, the approval of the individual
responsible for the education of the student.
(6) The individual has the approval of the individual's parent or
legal guardian.
(7) The individual has satisfactorily completed any training
required by the county election board.
(8) The individual otherwise is eligible to serve as a precinct
election officer under this chapter.
(b) An individual appointed to a precinct election office or assistant
under this section:
(1) must serve in a nonpartisan manner in accordance with the
standards developed by the Help America Vote Foundation under
36 U.S.C. 152602; and
(2) while serving as a precinct election officer or assistant:
(A) is not required to obtain an employment certificate under
IC 20-33-3; and
(B) is not subject to the limitations on time and duration of
employment under IC 20-33-3.
SOURCE: IC 3-7-26.4-4; (11)HB1242.1.5. -->
SECTION 5. IC 3-7-26.4-4, AS ADDED BY P.L.81-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) The election division may provide parts and
reports from the voter registration information from the computerized
list for the purposes specified under IC 3-7-26.3-29. However,
(b) Except as otherwise provided in this section, the parts and
reports provided under this section may not include information
described under section 8 of this chapter.
(c) The parts and reports may contain the information described
in section 8 of this chapter if:
(1) the part or report is to be provided to an entity that:
(A) is described in section 6 of this chapter; and
(B) has previously submitted an application to the election
division and paid any required fee to obtain the complete
compilation; or
(2) the part or report is a purely statistical compilation that:
(A) includes the information described in section 8 of this
chapter; and
(B) does not include any information:
(i) concerning an individual voter; or
(ii) that would permit the identification of an individual
voter as a result of providing the compilation.
(d) The parts and reports provided under this section may not
include the complete Social Security number of any individual.
SOURCE: IC 3-7-27-6; (11)HB1242.1.6. -->
SECTION 6. IC 3-7-27-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. (a) As required under 42 U.S.C.
1973gg-6(i), a county voter registration office shall retain records
concerning the implementation of programs and activities conducted
for the purpose of ensuring the accuracy and currency of the voter
registration list. These records include the following:
(1) Lists of names and addresses of voters who were sent notices
under the voter list maintenance program.
(2) Information concerning whether a voter has responded to a
notice described by subdivision (1) as of the date the inspection
of the record is made.
(b) The county voter registration office shall retain the records
described by this section for at least two (2) years. Except for records
concerning declinations to register to vote or that indicate the identity
of a voter registration agency where a person registered, the county
voter registration office shall make the records available for public
inspection and photocopying at a reasonable cost as provided in
IC 5-14-3.
(c) In accordance with IC 5-14-3-3(g) IC 5-14-3-3(h) and
notwithstanding any other statute, a county voter registration office
shall, with regard to voter registration information concerning voters
of the county on a computerized system, act in accordance with a
nondiscriminatory uniform policy adopted by the county election
board. The policy must either permit a person to duplicate or obtain a
duplicate copy of a computer tape, computer disc, microfilm, or other
similar record system that contains this voter registration information
or not permit the person to duplicate or obtain a duplicate copy of the
information.
(d) A person who requests computerized voter registration
information under subsection (c) must provide a written statement that
the person will not:
(1) use the information to solicit merchandise, goods, services, or
subscriptions; or
(2) sell, loan, give away, or otherwise deliver the information
obtained by the request to any other person;
for a purpose other than political activities or political fundraising
activities.
(e) Publication of information obtained under subsection (d) in a
news broadcast or newspaper is not prohibited.
SOURCE: IC 3-7-28-12; (11)HB1242.1.7. -->
SECTION 7. IC 3-7-28-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. Not later than thirty
(30) days after receipt of the reports of deceased individuals required
under this article, (a) Each circuit court clerk or board of county voter
registration office shall send a list of the deceased persons whose
registrations have been canceled to the following upon request:
(1) The county chairman of each major political party of the
county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee, if the candidate is
on the ballot for the next election to be conducted in the
county.
(b) A request filed under this section may state that the list is to
include only cancellations made by the county voter registration
office within a period specified in the request.
SOURCE: IC 3-7-28-13; (11)HB1242.1.8. -->
SECTION 8. IC 3-7-28-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13.
Not later than thirty
(30) days after preparation of a list of disfranchised voters under this
article, the circuit court clerk or board of (a) Each county voter
registration office shall send a notice list of disfranchised voters
whose registrations have been canceled to the following upon
request:
(1) The county chairmen of the major political parties of the
county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee, if the candidate is
on the ballot for the next general election to be conducted in
the county.
(b) A request filed under this section may state that the list is to
include only cancellations made by the county voter registration
office within a period specified in the request.
SOURCE: IC 3-7-28-14; (11)HB1242.1.9. -->
SECTION 9. IC 3-7-28-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14. The circuit court
clerk or board of (a) Each county voter registration office shall
provide a list of the names and addresses of all voters whose
registrations have been canceled under this article not later than sixty
(60) days before election day to the following upon request:
(1) The county chairmen of the major political parties of the
county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee participating in a
primary, general, or municipal election.
After that date, upon request the clerk or board shall report
cancellations daily and within forty-eight (48) hours after the day on
which the cancellations were made, until election day.
(b) A request filed under this section may state that the list is to
include only cancellations made by the county voter registration
office within a period specified in the request.
SOURCE: IC 3-7-33-4.5; (11)HB1242.1.10. -->
SECTION 10. IC 3-7-33-4.5, AS AMENDED BY P.L.164-2006,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4.5. (a) Except as provided in subsection (b), this
section applies to an individual who:
(1) submits an application to register to vote by mail under
IC 3-7-22; and
(2) has not previously voted in:
(A) a general election in Indiana (or a special election for
federal office in Indiana); or
(B) a general election (or a special election for federal office)
in the county where the individual has submitted an
application under this chapter if a statewide voter registration
system is not operational in accordance with the requirements
of IC 3-7-26.3 and 42 U.S.C. 15483 on the date the application
is was received by the county voter registration office after
December 31, 2002, and before January 1, 2006.
(b) This section does not apply to an individual who complies with
the requirements in any of the following:
(1) The individual submits an application to register to vote by
mail under this chapter and includes with that mailing a copy of:
(A) a current and valid photo identification; or
(B) a current utility bill, bank statement, government check,
paycheck, or government document;
that shows the name and residence address of the voter stated on
the voter registration application.
(2) The individual submits an application to register to vote by
mail under this chapter that includes:
(A) the individual's Indiana driver's license number; or
(B) the last four (4) digits of the individual's Social Security
number;
and the county voter registration office or election division
matches the information submitted by the applicant with an
existing Indiana identification record bearing the same number,
name, and date of birth set forth in the voter registration
application.
(3) The individual is an absent uniformed services voter or
overseas voter.
(4) The individual is entitled to vote other than in person under
the federal Voting Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)) due to a determination by
the election division that a permanent or temporarily accessible
polling place cannot be provided for the individual.
(5) The individual is entitled to vote other than in person under
any other federal law.
(c) When a county voter registration office receives a voter
registration application by mail, the office shall determine whether the
applicant is subject to the requirements to provide additional
documentation under this section and 42 U.S.C. 15483.
(d) As required by 42 U.S.C. 15483, a county voter registration
office shall administer the requirements of this section in a uniform and
nondiscriminatory manner.
(e) If the county voter registration office determines that the
applicant:
(1) is not required to submit additional documentation under this
section; or
(2) has provided the documentation required under this section;
the county voter registration office shall process the application in
accordance with section 5 of this chapter.
(f) If the county voter registration office determines that the
applicant is required to submit additional documentation under this
section and 42 U.S.C. 15483, the office shall process the application
under section 5 of this chapter and, if the applicant is otherwise eligible
to vote, add the information concerning this documentation to the
voter's computerized registration entry under IC 3-7-27-20.2.
(g) The county voter registration office shall remove the notation
described in subsection (f) after the voter votes in an election for a
federal office.
SOURCE: IC 3-7-34-7; (11)HB1242.1.11. -->
SECTION 11. IC 3-7-34-7, AS AMENDED BY P.L.81-2005,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 7. (a) The county voter registration office shall
certify to the NVRA official on an expedited basis a list of the
registration forms that have been processed under section 6 of this
chapter but do not contain information required to be supplied by the
bureau of motor vehicles commission or a voter registration agency.
(b) The NVRA official shall notify the commission or agency that
the commission or agency is required to supply the omitted information
on an expedited basis to the county voter registration office. following
receipt of notice from the NVRA official.
SOURCE: IC 3-7-36-10; (11)HB1242.1.12. -->
SECTION 12. IC 3-7-36-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) The circuit
court clerk or board of county voter registration office shall process an
absentee registration affidavit or form received from a voter described
in section 1 of this chapter during the registration period or during the
period beginning on the twenty-ninth day before the election and
ending on the date that the clerk or board prepares the certified list
under IC 3-7-29-1. tenth day before the election.
(b) A properly completed voter registration application
described in this section is subject to the same requirements that
are applicable to a properly completed voter registration
application from a voter described in section 1 of this chapter
during the period ending on the twenty-ninth day before the
election.
SOURCE: IC 3-7-40-3; (11)HB1242.1.13. -->
SECTION 13. IC 3-7-40-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. The local public
officials (or plan commission under IC 36-7-4-405) responsible for:
(1) naming or renaming streets;
(2) numbering or renumbering lots or structures; and
(3) converting rural route addresses to numbered addresses;
shall report the changes to the circuit court clerk or board of county
voter registration office not later than the last day of the month
following the month in which the change was made.
SOURCE: IC 3-7-40-6; (11)HB1242.1.14. -->
SECTION 14. IC 3-7-40-6, AS AMENDED BY P.L.164-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. When notified by the NVRA official of a
conversion from rural route addresses to numbered addresses under
this chapter, the county voter registration office shall, as soon as
practicable, amend
(1) the original affidavit filed by the voter to indicate the
numbered address that replaces the rural route address on the
affidavit; and
(2) the entry for the voter in the computerized list under
IC 3-7-26.3.
SOURCE: IC 3-8-2-10; (11)HB1242.1.15. -->
SECTION 15. IC 3-8-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) A petition
required by section 8 of this chapter must be submitted to the circuit
court clerk or board of county voter registration office during the
period beginning January 1 of the year in which the primary election
will be held and ending at noon seventy-seven (77) days before the
primary election.
(b) After the certification of a petition under this section, the
county voter registration office may, upon the request of the
candidate named in the petition, return the original petition to the
candidate for filing with the secretary of state under section 5 of
this chapter.
SOURCE: IC 3-8-3-4; (11)HB1242.1.16. -->
SECTION 16. IC 3-8-3-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. (a) A petition required by section
2 of this chapter must be submitted to the county voter registration
office during the period beginning January 1 of the year in which the
primary election will be held and ending at noon ten (10) days before
the final date for filing a declaration of candidacy under IC 3-8-2-4 for
the primary election.
(b) After the certification of a petition under this section, the
county voter registration office may, upon the request of the
candidate named in the petition, return the original petition to the
candidate for filing under section 5 of this chapter.
SOURCE: IC 3-8-5-14; (11)HB1242.1.17. -->
SECTION 17. IC 3-8-5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14.
(a) A certificate of
nomination executed under section 13 of this chapter must be signed
before a person authorized to administer oaths and certify the following
information:
(1) The name of the party, the town where the convention was
held, the date of the convention, and the date of the town election.
(2) The name, residence, and office of each candidate that was
nominated at the convention.
(3) That each candidate for town council resides in the ward for
which the person is a candidate.
(4) That each candidate is a registered voter of the town and
legally qualified to hold the office for which the person is a
candidate.
(5) (2) The title of the party that the candidates represent and the
device by which the candidates may be designated on the ballots
(a symbol to designate the party).
(6) (3) The signature and residence address of the presiding
officer and secretary of the convention.
(b) The certificate of nomination must be filed with the circuit court
clerk of the county where the convention was held.
SOURCE: IC 3-8-6-12; (11)HB1242.1.18. -->
SECTION 18. IC 3-8-6-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. (a) A petition of
nomination for an office filed under section 10 of this chapter must be
filed with and, except as provided in subsection (d), certified by the
person with whom a declaration of candidacy must be filed under
IC 3-8-2.
(b) The petition of nomination must be accompanied by the
following:
(1) The candidate's written consent to become a candidate.
(2) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by this
subdivision.
(3) If the candidate is subject to IC 3-9-1-5, a statement by the
candidate that the candidate has filed a campaign finance
statement of organization under IC 3-9-1-5 or is aware that the
candidate may be required to file a campaign finance statement of
organization not later than noon seven (7) days after the final date
for filing a petition for nomination under section 10 of this
chapter.
(4) If the candidate is subject to IC 3-9-1-5.5, a statement by the
candidate that the candidate is aware of the requirement to file a
campaign finance statement of organization under IC 3-9 after the
first of either of the following occurs:
(A) The candidate receives more than five hundred dollars
($500) in contributions.
(B) The candidate makes more than five hundred dollars
($500) in expenditures.
(5) A statement indicating whether or not each candidate:
(A) has been a candidate for state or local office in a previous
primary or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all
previous candidacies.
(6) A statement that each candidate is legally qualified to hold the
office that the candidate seeks, including any applicable residency
requirements and restrictions on service due to a criminal
conviction.
(7) If the petition is filed with the secretary of state for an office
not elected by the electorate of the whole state, a statement signed
by the circuit court clerk of each county in the election district of
the office sought by the individual.
(8) Any statement of economic interests required under
IC 3-8-1-33.
(c) The statement required under subsection (b)(7) must:
(1) be certified by each circuit court clerk; and
(2) indicate the number of votes cast for secretary of state:
(A) at the last election for secretary of state; and
(B) in the part of the county included in the election district of
the office sought by the individual filing the petition.
(d) The person with whom the petition of nomination must be filed
under subsection (a) shall:
(1) determine whether a sufficient number of signatures as
required by section 3 of this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures,
certify the petition.
(B) If the petition has an insufficient number of signatures,
deny the certification.
(e) The secretary of state shall, by noon August 20: on the date
specified under IC 3-8-7-16 for the certification of candidates and
public questions by the election division:
(1) certify; or
(2) deny certification under subsection (d) to;
each petition of nomination filed in the secretary of state's office to the
appropriate county.
(f) The commission shall provide that the form of a petition of
nomination includes the following information near the separate
signature required by subsection (b)(2):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under
IC 3-9.
(g) A candidate's consent to become a candidate must include a
statement that the candidate requests the name on the candidate's voter
registration record be the same as the name the candidate uses on the
consent to become a candidate. If there is a difference between the
name on the candidate's consent to become a candidate and the name
on the candidate's voter registration record, the officer with whom the
consent to become a candidate is filed shall forward the information to
the voter registration officer of the appropriate county as required by
IC 3-5-7-6(e). The voter registration officer of the appropriate county
shall change the name on the candidate's voter registration record to be
the same as the name on the candidate's consent to become a candidate.
(h) If the person with whom the petition was filed denies
certification under subsection (d), the person shall notify the candidate
immediately by certified mail.
(i) A candidate may contest the denial of certification under
subsection (d) based on:
(1) the circuit court clerk's or board of registration's failure to
certify, under section 8 of this chapter, qualified petitioners; or
(2) the determination described in subsection (d)(1);
using the procedure in IC 3-8-1-2 and section 14 of this chapter that
applies to questions concerning the validity of a petition of nomination.
SOURCE: IC 3-8-7-11; (11)HB1242.1.19. -->
SECTION 19. IC 3-8-7-11, AS AMENDED BY P.L.230-2005,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 11. (a) Except as provided in subsection (f), if a
political party has filed a statement with the election division (or any
of its predecessors) that the device selected by the political party be
used to designate the candidates of the political party on the ballot for
all elections throughout the state, the device must be used until:
(1) the device is changed in accordance with party rules; and
(2) a statement concerning the use of the new device is filed with
the election division.
(b) Except as provided in subsection (c), the device may be any
appropriate symbol.
(c) A political party or an independent candidate may not use any
of the following as a device:
(1) A symbol that has previously been filed by a political party or
candidate with the election division (or any of its predecessors).
(2) The coat of arms or seal of the state or of the United States.
(3) The national or state flag. or
(4) Any other emblem common to the people.
(d) Not later than noon August 20, before each general or municipal
election, on the date specified under section 16 of this chapter for
the certification of candidates and public questions by the election
division, the election division shall provide each county election board
with a camera-ready copy of the device under which the candidates of
the political party or the petitioner are to be listed so that ballots may
be prepared using the best possible reproduction of the device.
(e) This subsection applies to a candidate or political party whose
device is not filed with the election division under subsection (a) and
is to be printed only on ballots to identify candidates for election to a
local office. Not later than noon August 20, on the date specified
under section 16 of this chapter for the certification of candidates
and public questions by the election division, the chairman of the
political party or the petitioner of nomination shall file a camera-ready
copy of the device under which the candidates of the political party or
the petitioner are to be listed with the county election board of each
county in which the name of the candidate or party will be placed on
the ballot. The county election board shall provide the camera-ready
copy of the device to the town election board of a town located wholly
or partially within the county upon request by the town election board.
(f) If a copy of the device is not filed in accordance with subsection
(a) or (e), or unless a device is designated in accordance with section
26 or 27 of this chapter, the county election board or town election
board is not required to use any device to designate the list of
candidates.
(g) If a device is filed with the election division or an election
board after the commencement of printing of ballots for use at an
election conducted under this title, the election board responsible
for printing the ballots is not required to alter the ballots to include
the device filed under this subsection.
SOURCE: IC 3-8-7-15; (11)HB1242.1.20. -->
SECTION 20. IC 3-8-7-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 15. In a special election
called by the governor, a certificate of nomination may be filed with the
public official with whom a certificate is required to be filed at any
time after the election is called but no later than noon
fifty (50)
seventy-four (74) days before the date of the election.
SOURCE: IC 3-8-7-25.5; (11)HB1242.1.21. -->
SECTION 21. IC 3-8-7-25.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 25.5. (a) This section
does not apply to the change of a candidate's name that occurs after
absentee ballots have been printed bearing the candidate's name.
(b) A candidate who:
(1) is:
(A) nominated for election; or
(B) a candidate for nomination; and
(2) changed the candidate's legal name after:
(A) the candidate has been nominated; or
(B) the candidate has become a candidate for nomination;
shall file a statement setting forth the former and current legal name of
the candidate with the office where a declaration of candidacy or
certificate of nomination for the office is required to be filed. If the
final date and hour has not passed for filing a declaration of candidacy,
consent for nomination, or declaration of intent to be a write-in
candidate, the candidate must file the request for a change of name on
the form prescribed by the commission for the declaration or consent.
(c) The statement filed under subsection (b) must also indicate the
following:
(1) That the candidate has previously filed a change of name
request with a county voter registration office so that the name set
forth in the statement is identical to the candidate's name on the
county voter registration record.
(2) How the candidate's legal name was changed.
(d) Upon the filing of the statement, the election division and each
county election board shall print the candidate's legal name on the
ballot as set forth in the statement.
SOURCE: IC 3-9-1-12; (11)HB1242.1.22. -->
SECTION 22. IC 3-9-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. (a) A committee
may disband at any time in the manner prescribed by this section.
(b) The commission or a county election board may administratively
disband a committee in the manner prescribed by this section.
(c) The commission has exclusive jurisdiction to disband any of the
following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or
report with the election division.
(5) A regular party committee that has filed a statement or report
with the election division.
(d) A county election board has exclusive jurisdiction to disband
any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a school board office.
(3) A political action committee that has filed a statement or
report with the election board, unless the political action
committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or report
with the election board, unless the regular party committee has
also filed a report with the election division.
(e) The commission or a county election board may administratively
disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the
election division or county election board shall review the list of
committees that have filed statements of organization with the
division or board under this article.
(2) If the election division or county election board determines
both of the following, the election division or county election
board may begin a proceeding before the commission or board to
administratively disband the committee:
(A) The committee has not filed any report of expenditures
during the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amount
that does not exceed one thousand dollars ($1,000), if the
committee filed a report under this article.
(3) The election division or county election board shall provide
notice of the proceeding by certified mail to the last known
address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order administratively
dissolving the committee and waiving any outstanding civil
penalty previously imposed by the commission or board, if the
commission or board makes the following findings:
(A) There is no evidence that the committee continues to
receive contributions, make expenditures, or otherwise
function as a committee.
(B) The prudent use of public resources makes further efforts
to collect any outstanding civil penalty imposed against the
committee wasteful or unjust.
(C) (B) According to the best evidence available to the
commission or board, the dissolution of the committee will not
impair any contract or impede the collection of a debt or
judgment by any person.
(5) If the commission or board:
(A) administratively dissolves a committee under
subdivision (4); and
(B) finds that the prudent use of public resources makes
further efforts to collect any outstanding civil penalty
imposed against the committee wasteful or unjust;
the commission or board may also waive the outstanding civil
penalty previously imposed by the commission or board
against the committee.
(5) (6) The election division shall arrange for the publication in
the Indiana Register of an order administratively disbanding a
committee. A county election board shall publish a notice under
IC 5-3-1 stating that the board has disbanded a committee under
this subsection. The notice must state the date of the order and the
name of the committee, but the board is not required to publish
the text of the order.
(6) (7) An order issued under this subsection takes effect
immediately upon its adoption, unless otherwise specified in the
order.
(f) If the chairman or treasurer of a committee wishes to disband the
committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under
IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of
civil penalties, a dissolution or transfer of funds does not relieve the
committee or the committee's members from any:
(1) civil liability, including the liability of the committee's
chairman or treasurer for the payment of any debts incurred
by or on behalf of the committee; or
(2) criminal liability.
SOURCE: IC 3-10-1-31.2; (11)HB1242.1.23. -->
SECTION 23. IC 3-10-1-31.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 31.2. (a) This subsection does not
apply if a recount or contest is being conducted in a county. The
county voter registration office shall complete the updating of the
registration record under section 31.1 of this chapter not later than
sixty (60) days after election day.
(b) If a recount or contest is being conducted in a county, the
county voter registration office shall complete the updating of the
registration record under section 31.1 of this chapter not later than
sixty (60) days after the completion of the recount or contest and
the issuance of an order under IC 3-12-6-22.5, IC 3-12-8-17,
IC 3-12-11-18, or IC 3-12-12-19.
SOURCE: IC 3-10-3-1; (11)HB1242.1.24. -->
SECTION 24. IC 3-10-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Whenever a
proposed state constitutional amendment or other public question is
submitted by the general assembly under Article 16 of the Constitution
of the State of Indiana to the electorate of the state for a popular vote,
the election division shall certify the public question to the county
election board of each county.
(b) If the vote is to occur at a general election, the election division
shall certify by noon August 20 before the election. on the date
specified under IC 3-8-7-16 for the election division to certify
candidates and other public questions for the general election
ballot. If a special election is to be held, the election division shall
certify at least thirty (30) days before the election. Each county election
board shall publish notice of the public question in accordance with
IC 5-3-1.
SOURCE: IC 3-11-1.5-15.5; (11)HB1242.1.25. -->
SECTION 25. IC 3-11-1.5-15.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 15.5. If a precinct boundary splits
a census block, either of the following must be submitted with the
order described in section 14 of this chapter:
(1) A description of the precinct boundary in metes and
bounds.
(2) One (1) or more aerial photographs that depict:
(A) each census block that is split; and
(B) the boundary of the precinct that splits each census
block.
SOURCE: IC 3-11-1.5-16; (11)HB1242.1.26. -->
SECTION 26. IC 3-11-1.5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 16. (a) If a proposed
precinct establishment order includes a legal description of a precinct
with a boundary that follows the boundary of a municipality, state
legislative district, or municipal legislative district, the order must
include the following:
(1) A description in metes and bounds that identifies the boundary
as that of a municipality, state legislative district, or municipal
legislative district.
(2) A notation on the map of the precinct indicating that the
boundary is that of a municipality, state legislative district, or
municipal legislative district.
(b) If a proposed precinct establishment order described by section
9 of this chapter includes a legal description of a boundary that follows
a visible feature, the order must include a description in metes and
bounds or an aerial photograph that identifies the visible feature that
forms the boundary.
SOURCE: IC 3-11-3-29; (11)HB1242.1.27. -->
SECTION 27. IC 3-11-3-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 29. (a) If a new
candidate is appointed or selected under IC 3-13-1 or IC 3-13-2 after
the printing of ballots and before the election, the election division or
the election board may print ballots containing the name of the new
candidate.
(b) If the election division or the election board determines that
printing ballots under subsection (a) would be uneconomical or
impractical, the chairman or committee that made the appointment or
selection shall provide to the division or the election board the number
of pasters the division or the board determines to be necessary for all
ballots to reflect the appointment or selection. Pasters may not be given
to or received by any person except the co-directors of the election
division (or the election board and the board's chairman.
(c) If a candidate entitled to be placed on the ballot changes the
candidate's legal name after the printing of ballots and before the
election, the candidate who has changed the candidate's legal name
shall provide to the election division or the election board the number
of pasters the division or the board determines to be necessary for all
ballots to reflect the change of name. If a candidate declines to do so
under this subsection, the division or the board is not required to
reprint ballots to reflect the change of legal name.
SOURCE: IC 3-11-8-2; (11)HB1242.1.28. -->
SECTION 28. IC 3-11-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. A voter shall vote at
the polls for the precinct where the voter resides except when
authorized to vote in another precinct under IC 3-10-10, IC 3-10-11, or
IC 3-10-12. or at a special voting poll under section 6.5 of this chapter.
SOURCE: IC 3-11-8-3.1; (11)HB1242.1.29. -->
SECTION 29. IC 3-11-8-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.1. (a) A county
executive shall designate the polls for each precinct not less than
twenty-nine (29) days before election day.
(b) The designation of a polling place under this section remains in
effect until:
(1) the location of the polling place is altered by an order of the
county executive or county election board under this chapter; or
(2) a precinct establishment order issued under IC 3-11-1.5:
(A) designates a new polling place location; or
(B) combines the existing precinct with another precinct
established by the order.
(c) The county executive shall then file the report required by
section 6.5 of this chapter concerning polls that are inaccessible to
voters with disabilities.
SOURCE: IC 3-11-8-3.2; (11)HB1242.1.30. -->
SECTION 30. IC 3-11-8-3.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.2. (a) A county
executive shall give ten (10) days notice of the place of voting in each
precinct by publication in the manner prescribed by IC 5-3-1-4. The
notice must include the following information:
(1) For each precinct, state whether the polls are located in an
accessible facility.
(2) If special polling places are designated under section 6.5 of
this chapter:
(A) the location of each special polling place; and
(B) the procedures for elderly voters and voters with
disabilities to apply to vote at a special polling place.
(b) If it is necessary to change a place for voting after giving notice,
notice of the change shall be given in the same manner. However,
except as provided in subsection (c), a change may not be made within
two (2) days before an election.
(c) If the county election board determines by a unanimous vote of
the board's entire membership that the use of a polling place at an
election would be dangerous or impossible, the county election board
may order the relocation of the polling place during the final two (2)
days before an election. The county election board shall give the best
possible notice of this change to news media and the voters of the
precinct. If an order is adopted under this subsection, the order expires
after the election.
SOURCE: IC 3-11-8-6; (11)HB1242.1.31. -->
SECTION 31. IC 3-11-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. Except as provided
in section 6.5 of this chapter, The county executive shall locate the
polls for each precinct in an accessible facility.
SOURCE: IC 3-11-13-31.6; (11)HB1242.1.32. -->
SECTION 32. IC 3-11-13-31.6 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 31.6. Whenever a ballot card
voting system is used in a precinct and a ballot form prescribed by
this title refers to a voting mark, the county election board shall
approve voting instructions indicating that a specific type of
marking device is employed on the system to indicate a vote.
SOURCE: IC 3-11-14-3.5; (11)HB1242.1.33. -->
SECTION 33. IC 3-11-14-3.5, AS ADDED BY P.L.58-2005,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3.5. (a) Each county election board shall have the
names of all candidates for all elected offices, political party offices,
and public questions printed on ballot labels for use in an electronic
voting system as provided in this chapter.
(b) The county may:
(1) print all offices and public questions on a single ballot label;
and
(2) include a ballot variation code to ensure that the proper
version of a ballot label is used within a precinct.
(c) Each type of ballot label or paster must be of uniform size and
of the same quality and color of paper (except as permitted under
IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners must be listed on the ballot label with the name and device
set forth on the certification or petition. The circle containing the
device may be of any size that permits a voter to readily identify the
device. IC 3-11-2-5 applies if the certification or petition does not
include a name or device, or if the same device is selected by two (2)
or more parties or petitioners.
(e) The ballot labels must list the offices on the general election
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,
IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a)
through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). Each
office and public question may have a separate screen, or the offices
and public questions may be listed in a continuous column either
vertically or horizontally. However, school board offices, public
questions concerning the retention of a justice or judge, local
nonpartisan judicial offices, and local public questions shall be placed
at the beginning of separate columns or pages.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (5), if required by law.
A space for
write-in voting for an office is not required if there are no
declared write-in candidates for that office. However,
procedures must be implemented to permit write-in voting for
candidates for federal offices.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in uniform size and type.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must be
placed at the top or beginning of the ballot label before the first office
is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c), and
IC 3-11-2-10(d) may be:
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the
voter to easily read the instructions.
(m) The ballot label must include a touch sensitive point or button
for voting a straight political party or independent ticket (described in
IC 3-11-2-6) by one (1) touch, and the touch sensitive point or button
must be identified by:
(1) the name of the political party or independent ticket; and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform size
and type, and arranged in the order established by subsection (g) for
listing candidates under each office. The instructions described in
IC 3-11-2-10(b) for voting a straight party ticket and the statement
concerning presidential electors required under IC 3-10-4-3 may be
placed on the ballot label or in a location within the voting booth that
permits the voter to easily read the instructions.
(n) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
point or button must be used instead of a square. Except as expressly
authorized or required by statute, a county election board may not print
a ballot label that contains language concerning the public question
other than the language authorized by a statute.
(o) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic
voting systems.
(p) The procedure described in IC 3-11-2-16 must be used when a
ballot label does not comply with the requirements imposed by this title
or contains another error or omission that might result in confusion or
mistakes by voters.
SOURCE: IC 3-11-14-22.5; (11)HB1242.1.34. -->
SECTION 34. IC 3-11-14-22.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 22.5. Whenever an electronic
voting system is used in a precinct and a ballot form prescribed by
this title refers to a voting mark, the county election board shall
approve voting instructions indicating that a specific type of
marking device is employed on the system to indicate a vote.
SOURCE: IC 3-13-1-8; (11)HB1242.1.35. -->
SECTION 35. IC 3-13-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. A meeting under
section 7 of this chapter shall be called and chaired by:
(1) the state chairman, or a person designated by the state
chairman, for a caucus or committee acting under section 3, 4, 5,
or 6(b) of this chapter; or
(2) the county chairman of the county in which the greatest
percentage of the population of the election district is located, or
an individual designated by the county chairman, for a caucus
or committee acting under section 6(a) of this chapter.
SOURCE: IC 3-13-1-9; (11)HB1242.1.36. -->
SECTION 36. IC 3-13-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. The call for a
meeting under section 7 of this chapter must:
(1) be in writing on a form prescribed by the commission;
(2) state the name of the chairman of the meeting;
(3) state the purpose of the meeting;
(4) state the date, time, and place of the meeting;
(5) be sent by first class mail, at least ten (10) days before the
meeting, to all persons eligible to participate in the meeting; and
(6) be filed
at least not later than noon ten (10) days before the
meeting with the official who is required to receive a certificate
of candidate selection following the caucus under section 15 of
this chapter.
SOURCE: IC 3-13-1-10.5; (11)HB1242.1.37. -->
SECTION 37. IC 3-13-1-10.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10.5. (a) A person who
wishes to be a candidate for appointment to fill a candidate vacancy
under this chapter must file a declaration of candidacy on a form
prescribed by the commission with:
(1) the chairman of the caucus or committee conducting a
meeting under this chapter; and
(2) the official who is required to receive a certificate of candidate
selection following the caucus under section 15 of this chapter;
at least seventy-two (72) hours before the time fixed for the caucus or
committee meeting.
(b) A candidate's declaration of candidacy must include a statement
that the candidate requests the name on the candidate's voter
registration record be the same as the name the candidate uses on the
declaration of candidacy. If there is a difference between the name on
the candidate's declaration of candidacy and the name on the
candidate's voter registration record, the officer with whom the
declaration of candidacy is filed shall forward the information to the
voter registration officer of the appropriate county as required by
IC 3-5-7-6(e). The voter registration officer of the appropriate county
shall change the name on the candidate's voter registration record to be
the same as the name on the candidate's declaration of candidacy.
SOURCE: IC 3-13-1-11; (11)HB1242.1.38. -->
SECTION 38. IC 3-13-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. (a) At a meeting
called under section 7 of this chapter, the eligible participants shall:
(1) establish the caucus rules of procedure for the caucus or
meeting, except as otherwise provided in this chapter; and
(2) select, by a majority vote of those casting a vote for a
candidate, a person to fill the candidate vacancy described in the
call for the meeting.
(b) If more than one (1) person seeks to fill the vacancy, the
selection shall be conducted by secret ballot.
SOURCE: IC 3-13-1-15; (11)HB1242.1.39. -->
SECTION 39. IC 3-13-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 15. (a) A county
chairman filling a candidate vacancy under section 6(a)(2) of this
chapter or the chairman of a meeting filling a candidate vacancy under
this chapter shall file a written certificate of candidate selection on a
form prescribed by the commission stating the following information
for each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the
ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The residence address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) a committee acting under section 3, 4, 5, or 6(b) of this
chapter; or
(B) a committee acting under section 6(a) of this chapter to fill
a candidate vacancy in the office of judge of a circuit, superior,
probate, county, or small claims court or prosecuting attorney;
or
(2) the circuit court clerk, for a committee acting under section
6(a) of this chapter to fill a candidate vacancy for a local office
not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from a
vacancy on the primary election ballot as described in section 2 of this
chapter. The certificate required by subsection (a) shall be filed not
later than noon July 3 before election day.
(d) This subsection applies to all candidate vacancies not described
by subsection (c). The certificate required by subsection (a) shall be
filed not more later than noon three (3) days (excluding Saturdays and
Sundays) after selection of the candidates.
SOURCE: IC 3-13-5-3; (11)HB1242.1.40. -->
SECTION 40. IC 3-13-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The state
chairman or a person designated by the state chairman shall preside
over a caucus meeting held under this chapter.
(b) A person who desires to be a candidate to fill a vacancy under
this chapter must file:
(1) a declaration of candidacy with the chairman of the caucus;
and
(2) a statement of economic interests under IC 2-2.1-3-2 with the
secretary of the senate or principal clerk of the house of
representatives;
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, the
chairman and precinct committeemen may adopt rules of procedure
that are necessary to conduct business.
SOURCE: IC 3-13-11-6; (11)HB1242.1.41. -->
SECTION 41. IC 3-13-11-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. The county
chairman:
(1) of the county in which the greatest percentage of the
population of the election district is located; and
(2) of the same political party that elected or selected the official
who vacated the office to be filled;
(or an individual designated by the county chairman) is the
chairman of a caucus held under this chapter. The chairman is not
eligible to vote in the caucus unless the chairman is also a member of
the caucus.
SOURCE: IC 9-24-2.5-6; (11)HB1242.1.42. -->
SECTION 42. IC 9-24-2.5-6, AS AMENDED BY P.L.164-2006,
SECTION 138, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. (a) A manager or an employee
may use any of the following methods to transmit paper copies of voter
registration applications under section 4 of this chapter:
(1) Hand delivery to the county voter registration office.
(2) Certified mail, return receipt requested.
(2) Delivery by the United States Postal Service, using first
class mail.
(b) A county voter registration office:
(1) shall process a voter registration application transmitted
in electronic format from a license branch; and
(2) is not required to receive the paper copy of a voter
registration application from a license branch before:
(A) approving or denying the application; and
(B) mailing a notice of approval or denial to the applicant.
SOURCE: IC 9-24-2.5-8; (11)HB1242.1.43. -->
SECTION 43. IC 9-24-2.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) The co-directors
of the election division shall provide the commission with a list of the
current addresses and telephone numbers of the offices of the circuit
court clerk or board of county voter registration office in each county.
The commission shall promptly forward the list and each revision of
the list to each license branch.
(b) The co-directors of the election division shall provide the
commission with pre-addressed packets for the commission to transmit
applications under section 6(1) or 6(2) of this chapter.
SOURCE: IC 36-2-9-9; (11)HB1242.1.44. -->
SECTION 44. IC 36-2-9-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) The auditor may
administer the following:
(1) Oaths necessary in the performance of the auditor's duties.
(2) The oath of office to an officer who receives the officer's
certificate of appointment
or election from the auditor.
(3) Oaths relating to the duty of an officer who receives the
officer's certificate of appointment
or election from the auditor.
(4) The oath of office to a member of the board of directors of a
solid waste management district established under IC 13-21 or
IC 13-9.5 (before its repeal).
(b) The auditor may take acknowledgments of deeds and mortgages
executed for the security of trust funds the auditor is required to lend.
SOURCE: IC 3-5-4-6; IC 3-11-8-6.5; IC 3-11-11-1.5; IC 3-11-11-
1.6.
; (11)HB1242.1.45. -->
SECTION 45. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 3-5-4-6; IC 3-11-8-6.5; IC 3-11-11-1.5;
IC 3-11-11-1.6.