Indiana-2011-SB0151-Introduced

January 5, 2011, read first time and referred to Committee on Elections.

Introduced

First Regular Session 117th General Assembly (2011)

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SENATE BILL No. 151

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 3-6-2-10; (11)IN0151.1.1. -->     SECTION 1. IC 3-6-2-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) This section applies to all counties after June 30, 2011.
    (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.

SOURCE: IC 3-9-4-17; (11)IN0151.1.2. -->     SECTION 2. IC 3-9-4-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 17. (a) In addition to any other penalty imposed, a person who does any of the following is subject to a civil penalty under this section:
        (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.