Bill Text: IN SB0151 | 2011 | Regular Session | Introduced
Bill Title: Precinct committeemen.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-01-20 - Senator Leising added as coauthor [SB0151 Detail]
Download: Indiana-2011-SB0151-Introduced.html
Citations Affected: IC 3-6-2-10; IC 3-9-4-17.
Synopsis: Precinct committeemen. Requires the county chairman of
a major political party to submit, not later than July 1 each year, to the
county election board the name and address of the party's precinct
committeeman and vice committeeman for each precinct in the county.
Requires the county chairman to update the information provided not
later than seven days after a change occurs. Provides that the
information is open for public inspection and copying in the same
manner as other public records. Provides for a civil penalty of $50 per
day, with a maximum of $500, for each day the information is late.
Provides that civil penalties collected are to be deposited in the
campaign finance enforcement account.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Elections.
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(b) As used in this section, "board" refers to either of the following:
(1) The county election board.
(2) The board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4.
(c) The county chairman of a major political party shall, not later than July 1 each year, submit to the board the name and address of the precinct committeeman and vice committeeman of that party for each precinct in the county.
(d) The county chairman shall submit changes to the information submitted under subsection (c) not later than seven (7) calendar days after the change occurs.
(e) The board shall specify the manner in which the information
required under subsections (c) and (d) must be submitted to the
board.
(f) The information submitted under subsections (c) and (d) is
open for public inspection and copying in the same manner as
other public records under IC 5-14-3. A person may not sell or use
for a commercial purpose information copied from submissions
made under this section.
(g) In addition to any other penalty that may be imposed, a
county chairman who fails to submit to the board the information
required under this section is subject to a civil penalty. The penalty
is fifty dollars ($50) for each day the information is late, not to
exceed five hundred dollars ($500), plus any investigative costs
incurred and documented by the board. The civil penalty limit
under this subsection applies separately to each submission.
(h) All civil penalties collected under this section shall be
deposited with the county treasurer for deposit by the county
treasurer in the campaign finance enforcement account established
under IC 3-9-4-17(i).
(i) The proceedings of a board under this section are subject to
IC 4-21.5.
(j) If, upon the unanimous vote of its entire membership, the
board finds that imposition of a civil penalty required to be
imposed under this section would be unjust under the
circumstances, the board may do either of the following:
(1) Waive the penalty.
(2) Reduce the penalty to an amount specified by the board.
(1) Fails to file with a county election board a report in the manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or expends money or other property for any political purpose before the money or other property has passed through the hands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this article or to a person authorized by law or a committee to receive contributions in the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the
limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of
another person.
(8) Is not the treasurer of a committee subject to this article, and
pays any expenses of an election or a caucus except as authorized
by this article.
(9) Commingles the funds of a committee with the personal funds
of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of
IC 3-9-3-4.
(11) Fails to designate a contribution as required by IC 3-9-2-5(c).
(12) Violates IC 3-9-3-5.
(13) Serves as a treasurer of a committee in violation of any of the
following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(b) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for filing a defective report or
statement. If the county election board determines that a person failed
to file the report or a statement of organization not later than noon five
(5) days after being given notice under section 14 of this chapter, the
county election board may assess a civil penalty. The penalty is ten
dollars ($10) for each day the report is late after the expiration of the
five (5) day period, not to exceed one hundred dollars ($100) plus any
investigative costs incurred and documented by the board. The civil
penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for a delinquent report or
statement. If the county election board determines that a person failed
to file the report or statement of organization by the deadline prescribed
under this article, the board shall assess a civil penalty. The penalty is
fifty dollars ($50) for each day the report is late, with the afternoon of
the final date for filing the report or statement being calculated as the
first day. The civil penalty under this subsection may not exceed one
thousand dollars ($1,000) plus any investigative costs incurred and
documented by the board. The civil penalty limit under this subsection
applies to each report separately.
(d) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or
(a)(10). If the county election board determines that a person is subject
to a civil penalty under subsection (a), the board may assess a civil
penalty of not more than one thousand dollars ($1,000), plus any
investigative costs incurred and documented by the board.
(e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5). If the county election board determines
that a person is subject to a civil penalty under subsection (a)(5), the
board may assess a civil penalty of not more than three (3) times the
amount of the contribution in excess of the limit prescribed by
IC 3-9-2-4, plus any investigative costs incurred and documented by
the board.
(f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the county election board
determines that a corporation or a labor organization has failed to
designate a contribution in violation of IC 3-9-2-5(c), the board shall
assess a civil penalty equal to the greater of the following, plus any
investigative costs incurred and documented by the board:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has violated IC 3-9-3-5, the board may assess a civil
penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(h) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(13). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has served as the treasurer of a committee in violation of
any of the statutes listed in subsection (a)(13), the board may assess a
civil penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(i) All civil penalties collected under this section or under
IC 3-6-2-10 shall be deposited with the county treasurer to be
deposited by the county treasurer in a separate account to be known as
the campaign finance enforcement account. The funds in the account
are available, with the approval of the county fiscal body, to augment
and supplement the funds appropriated for the administration of this
article or IC 3-6-2-10.
(j) Money in the campaign finance enforcement account does not
revert to the county general fund at the end of a county fiscal year.
(k) Proceedings of the county election board under this section are
subject to IC 4-21.5.
