Bill Text: IN SB0227 | 2013 | Regular Session | Introduced
Bill Title: Late ballot vacancies.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2013-02-26 - First reading: referred to Committee on Elections and Apportionment [SB0227 Detail]
Download: Indiana-2013-SB0227-Introduced.html
Citations Affected: IC 2-2.1-3-2; IC 3-5; IC 3-8; IC 3-9; IC 3-10-8-5;
IC 3-11; IC 3-11.5-4-2; IC 3-12-1; IC 3-13; IC 33-23-11-15.
Synopsis: Late ballot vacancies. Provides that a candidate vacancy
that exists on a general, special, or municipal election ballot after the
fifty-fifth day before a general, special, or municipal election may not
be filled for the general, special, or municipal election. Provides that
a resulting vacancy in an office after a general, special, or municipal
election shall be filled as provided for that office. Makes conforming
amendments and technical corrections.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Elections.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) The name of the member's or candidate's employer and the employer of the member's or candidate's spouse and the nature of the employer's business. The house of representatives and senate need not be listed as an employer.
(2) The name of any sole proprietorship owned or professional practice operated by the member or candidate or the member's or candidate's spouse and the nature of the business.
(3) The name of any partnership of which the member or candidate or the member's or candidate's spouse is a member and
the nature of the partnership's business.
(4) The name of any corporation of which the member or
candidate or the member's or candidate's spouse is an officer or
director and the nature of the corporation's business. Churches
need not be listed.
(5) The name of any corporation in which the member or
candidate or the member's or candidate's spouse or
unemancipated children own stock or stock options having a fair
market value in excess of ten thousand dollars ($10,000). No time
or demand deposit in a financial institution or insurance policy
need be listed.
(6) The name of any state agency or the supreme court of Indiana
which licenses or regulates the following:
(A) The member's or candidate's or the member's or
candidate's spouse's profession or occupation.
(B) Any proprietorship, partnership, corporation, or limited
liability company listed under subdivision (2), (3), or (4) and
the nature of the licensure or regulation.
The requirement to file certain reports with the secretary of state
or to register with the department of state revenue as a retail
merchant, manufacturer, or wholesaler shall not be considered as
licensure or regulation.
(7) The name of any lobbyist who is:
(A) a member of a partnership or limited liability company;
(B) an officer or a director of a corporation; or
(C) a manager of a limited liability company;
of which the member of or candidate for the general assembly is
a partner, an officer, a director, a member, or an employee, and a
description of the legislative matters which are the object of the
lobbyist's activity.
(8) The name of any person or entity on whose behalf the member
or candidate has appeared before, contacted, or transacted
business with any state agency or official thereof, the name of the
state agency, the nature of the appearance, contact, or transaction,
and the cause number, if any. This requirement does not apply
when the services are rendered without compensation.
(9) The name of any limited liability company of which the
member of the general assembly, the candidate, or the member's
or candidate's individual spouse has an interest.
(b) Before any person who is not a member of the general assembly
files the person's declaration of candidacy, declaration of intent to be
a write-in candidate, or petition of nomination for office or is selected
as a candidate for the office under IC 3-13-1, or IC 3-13-2, the person
shall file with the clerk of the house or secretary of the senate,
respectively, the same written statement of economic interests for the
preceding calendar year that this section requires members of the
general assembly to file.
(c) Any member of or candidate for the general assembly may file
an amended statement upon discovery of additional information
required to be reported.
(1) For candidates nominated in a primary election, the date of the primary election.
(2) For candidates nominated in a convention, the date the convention is scheduled to be called to order, according to the call of the convention issued by the political party.
(3) For candidates selected to fill a ballot vacancy, the date the certificate of selection of the candidate is filed under IC 3-13-1-15.
(4) For candidates nominated by petition, the final date the petition of nomination is permitted to be filed under IC 3-8-6-10(c).
(5) For write-in candidates, the final date the candidate's declaration of intent to be a write-in candidate is permitted to be filed under IC 3-8-2-4.
(1) a new candidate is appointed or selected under IC 3-13-1;
(2) a change must be made to correct any error;
after the ballots are printed and before the election.
(1) A candidate in a presidential primary election under IC 3-8-3.
(2) A candidate for President of the United States.
(3) A candidate for Vice President of the United States.
(b) As used in this section, "candidacy document" refers to any of the following:
(1) A declaration of intent to be a write-in candidate.
(2) A declaration of candidacy.
(3) A consent to the nomination.
(4) A consent to become a candidate.
(5) A certificate of candidate selection.
(c) Whenever a candidate files a candidacy document on which the candidate uses a name that is different from the name set forth on the candidate's voter registration record, the candidate's signature on the candidacy document constitutes a request to the county voter registration office that the name on the candidate's voter registration record be the same as the name the candidate uses on the candidacy document.
(d) A request by a candidate under this section is considered filed with the county voter registration office when the candidacy document is filed with the election division or the county election board.
(e) The election division or the county election board shall forward a request filed under this section to the county voter registration office not later than seven (7) days after receiving the request.
(b) Not later than noon fourteen (14) days after the final day for filing a declaration of candidacy, declaration of intent to be a write-in candidate, petition of nomination, certificate of nomination, or certificate of candidate selection under IC 3-13-1-15,
(1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
(2) A request for ballot placement in a presidential primary under IC 3-8-3.
(3) A petition of nomination or candidate's consent to nomination under IC 3-8-6.
(4) A certificate of nomination under IC 3-8-5, IC 3-8-7, IC 3-10-2-15, or IC 3-10-6-12.
(5) A certificate of candidate selection under IC 3-13-1.
(6) A declaration of intent to be a write-in candidate under IC 3-8-2-2.5.
(7) A contest to the denial of certification under IC 3-8-6-12.
(b) The commission has jurisdiction to act under this section with regard to any filing described in subsection (a) that was made with the election division. Except for a filing under the jurisdiction of a town election board, a county election board has jurisdiction to act under this section with regard to any filing described in subsection (a) that was made with the county election board, county voter registration office, or the circuit court clerk. A town election board has jurisdiction to act under this section with regard to any filing that was made with the county election board, the county voter registration office, or the circuit court clerk for nomination or election to a town office.
(c) Except as provided in subsection (e), before the commission or election board acts under this section, a registered voter of the election district that a candidate seeks to represent must file a sworn statement with the election division or election board:
(1) questioning the eligibility of a candidate to seek the office; and
(2) setting forth the facts known to the voter concerning this question.
(d) The eligibility of a write-in candidate or a candidate nominated by a convention, petition, or primary may not be challenged under this section if the commission or board determines that all of the following occurred:
(1) The eligibility of the candidate was challenged under this section before the candidate was nominated.
(2) The commission or board conducted a hearing on the affidavit before the nomination.
(3) This challenge would be based on substantially the same grounds as the previous challenge to the candidate.
(e) Before the commission or election board can consider a contest to the denial of a certification under IC 3-8-6-12, a candidate (or a person acting on behalf of a candidate in accordance with state law)
must file a sworn statement with the election division or election board:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the candidate supporting the
basis for the contest.
(f) Upon the filing of a sworn statement under subsection (c) or (e),
the commission or election board shall determine the validity of the
questioned:
(1) declaration of candidacy;
(2) declaration of intent to be a write-in candidate;
(3) request for ballot placement under IC 3-8-3;
(4) petition of nomination;
(5) certificate of nomination;
(6) certificate of candidate selection issued under IC 3-13-1-15;
or IC 3-13-2-8; or
(7) denial of a certification under IC 3-8-6-12.
(g) The commission or election board shall deny a filing if the
commission or election board determines that the candidate has not
complied with the applicable requirements for the candidate set forth
in the Constitution of the United States, the Constitution of the State of
Indiana, or this title.
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is defeated;
(3) files a declaration of candidacy for nomination by a county, city, or town convention and is defeated; or
(4) files a declaration of candidacy for nomination by a caucus conducted under IC 3-13-1
is not eligible to become a candidate for the same office in the next general or municipal election.
(b) For the purposes of subsection (a):
(1) a candidate for an at-large seat on a fiscal body is considered a candidate for the same office as a candidate for a district seat on a fiscal body; and
(2) a candidate for United States representative from a district in Indiana is considered a candidate for the same office as a candidate for any other congressional district in Indiana.
(c) This section does not apply to a candidate who files a written request for placement on the presidential primary ballot under IC 3-8-3.
(1) be admitted to the practice of law in Indiana upon filing a declaration of candidacy or petition of nomination, or upon the filing of a certificate of candidate selection under IC 3-13-1-15;
(2) comply with any other requirement for that office set forth in IC 33-29, IC 33-33, or IC 33-31.
(b) A candidate for the office of judge of a city court must reside in the city upon filing any of the following:
(1) A declaration of candidacy or declaration of intent to be a write-in candidate required under IC 3-8-2.
(2) A petition of nomination under IC 3-8-6.
(3) A certificate of nomination under IC 3-10-6-12.
(c) A candidate for the office of judge of a city court must reside in a county in which the city is located upon the filing of a certificate of candidate selection under IC 3-13-1-15.
(d) This subsection applies to a candidate for the office of judge of a city court listed in IC 33-35-5-7(c). Before a candidate for the office of judge of the court may file a:
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15;
(3) declaration of intent to be a write-in candidate or certificate of nomination under IC 3-8-2-2.5 or IC 3-10-6-12;
the candidate must be an attorney in good standing admitted to the practice of law in Indiana.
(b) Before a candidate for the office of judge of the court may file a:
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15;
IC 3-13-2-8; or
(3) declaration of intent to be a write-in candidate or certificate of
nomination under IC 3-8-2-2.5 or IC 3-10-6-12;
the candidate must be an attorney in good standing admitted to the
practice of law in Indiana.
(1) be a United States citizen upon taking office;
(2) either:
(A) have resided in the township from which the candidate is elected for at least one (1) year upon taking office; or
(B) have been elected as a small claims court judge in the township before 1999;
(3) be of high moral character and reputation; and
(4) be admitted to the practice of law in Indiana upon filing a declaration of candidacy or petition of nomination or upon the filing of a certificate of candidate selection under IC 3-13-1-15.
(b) Whenever a candidate for any of the following offices is also required to file a declaration of candidacy or is nominated by petition, the candidate shall file a statement of economic interests before filing the declaration of candidacy or declaration of intent to be a write-in candidate, before the petition of nomination is filed, before the certificate of nomination is filed, or before being appointed to fill a candidate vacancy under IC 3-13-1:
(1) Governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, and state superintendent of public instruction, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in accordance with IC 2-2.1-3-2.
(3) Justice of the supreme court, judge of the court of appeals, judge of the tax court, judge of a circuit court, judge of a superior court, judge of a probate court, and prosecuting attorney, in accordance with IC 33-23-11-14 and IC 33-23-11-15.
(4) A candidate for a local office or school board office, in accordance with IC 3-8-9, except a candidate for a local office described in subdivision (3).
(1) both convention and petition;
(2) both primary election and petition;
(3) both primary election and convention;
(4) more than one (1) petition; or
(5) more than one (1) convention;
the person's name may be placed on the ballot only once.
(b) This subsection applies only to a person nominated by both convention and petition. The person's name shall be placed on the list of candidates nominated by convention, and the place occupied by the person's name in the petition must be left blank. However, if the candidate files a written statement:
(1) acknowledged before a person authorized to take acknowledgments;
(2) in the office where a petition of nomination for the office must be filed;
(3) no later than noon of the last day for filing a petition of nomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by petition;
the person's name must be so printed and omitted from the list nominated by convention.
(c) This subsection applies only to a person nominated by both primary election and petition. The person's name must be placed on the list of candidates nominated by primary election, and the place occupied by the person's name in the petition must be left blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take acknowledgments;
(2) in the office where a petition of nomination for the office must be filed;
(3) not later than noon the last day for filing a petition of nomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by petition;
the person's name must be so printed and omitted from the list nominated by primary election.
(d) This subsection applies only to a person nominated by both primary election and convention. The person's name must be placed on the list of candidates nominated by primary election, and the place
occupied by the person's name in the certificate of nomination of the
convention must be left blank. However, if the candidate files a written
statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a certificate of nomination for the office
must be filed;
(3) not later than noon the last day for filing a certificate of
nomination; and
(4) requesting that the person's name be printed as nominated by
convention;
the person's name must be so printed and omitted from the list
nominated by primary election.
(e) This subsection applies only to a person nominated by more than
one (1) petition. The person's name must be placed on the list of
candidates nominated by petition for the first petition of nomination
certified under IC 3-8-6 and filed with the election division or county
election board under IC 3-8-6-10(c), and the place occupied by the
person's name in a subsequent petition must be left blank. However, if
the candidate files a written statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a petition of nomination for the office must
be filed;
(3) not later than noon the last day for filing a petition of
nomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by
a subsequent petition;
the person's name must be placed on the list of candidates nominated
by the subsequent petition.
(f) This subsection applies to a person nominated by more than one
(1) convention. The person's name must be placed on the list of
candidates nominated by convention for the first certificate of
nomination filed with the public official with whom the certificate is
required to be filed, and the place occupied by the person's name in a
subsequent certificate of nomination of the convention must be left
blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a certificate of nomination for the office
must be filed;
(3) not later than noon the last day for filing a certificate of
nomination; and
(4) requesting that the person's name be printed as nominated by
a subsequent convention;
the person's name must be printed as nominated by the subsequent
convention.
(g) If an individual is nominated as a candidate under IC 3-13-1 to
fill a candidate vacancy, the individual is considered for purposes of
this section to have been nominated in the same manner as the
candidate whom the individual succeeded or in the same manner as a
candidate would have been nominated if no nomination is made. If an
individual is nominated as a candidate under IC 3-13-2 to fill a
candidate vacancy, the individual may not be placed on the ballot as
the candidate of any other political party.
(1) Nominees chosen at a primary election under IC 3-10 and certified as required by this chapter.
(2) Nominees chosen by a convention of a political party in the state whose candidate received at least two percent (2%) of the total vote cast for secretary of state at the last election and certified under section 8 of this chapter.
(3) Nominees nominated by petition under IC 3-8-6.
(4) Nominees selected to fill a candidate vacancy under IC 3-13-1.
(1) if a person:
(A) has been certified as a candidate in a certificate of nomination filed under this chapter;
(B) moves from the election district that the person sought to represent following the filing of the certificate of nomination;
(C) does not file a notice of withdrawal of candidacy under section 28 of this chapter; and
(D) is no longer an active candidate; or
(2) if a person is disqualified from being a candidate under IC 3-8-1-5.
(b) The county chairman of any political party on the ballot in the election district or a candidate for the office sought by the person
described in subsection (a) may, upon determining that this section
applies, file an action in the circuit court in the county where the person
described in subsection (a) resided. The complaint in this action must:
(1) state that this section applies to the person; and
(2) name the person described in subsection (a) and the public
official responsible for placing that person's name on the ballot as
defendants.
(c) When a complaint is filed under subsection (b), the circuit court
shall conduct a hearing and rule on the petition within ten (10) days
after it is filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy
occurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the person
described in subsection (a); and
(B) a candidate on the ballot for the office sought by the
person described in subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1. or
IC 3-13-2.
(1) With the individual's:
(A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
(B) petition of nomination under IC 3-8-2.5 or IC 3-8-6;
(C) declaration of intent to be a write-in candidate under IC 3-8-2-2.5; or
(D) certificate of candidate selection under IC 3-13-1.
(2) When the individual assumes a vacant elected office under IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, or IC 3-13-11. A statement filed under this subdivision must be filed not later than noon sixty (60) days after the individual assumes the elected office.
(1) A candidate for a local office for which the compensation is less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) Each candidate shall have a principal committee.
(c) A candidate shall file a written instrument designating the name of the principal committee and the names of the chairman and treasurer of the committee. The written instrument must be filed not later than the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filing any of the following, whichever applies to the candidate:
(A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1.
(E) A declaration of intent to be a write-in candidate under IC 3-8-2.
(3) The date a candidate is required to file the candidate's first campaign finance report under IC 3-9-5.
(d) This designation may be made on the same instrument as the statement of organization required from the principal committee.
(b) A candidate is not required to prepare or file a report before the nomination date.
(c)
(b) Except as provided in section 7 of this chapter, IC 3-12-8-17, or IC 3-12-11-18, candidates in special elections shall be nominated in the same manner as candidates are nominated:
(1) to fill vacancies on the ballot under IC 3-13-1;
(2) under IC 3-8-6, if a candidate does not intend to affiliate with a regular political party or represents a political party not qualified to nominate candidates at a primary election or by convention.
(b) If 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 election board the number of pasters 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 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 board the number of pasters 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 board is not required to reprint ballots to reflect the change of legal name.
(b) If:
(1) the original absentee ballot has not been delivered to the appropriate precinct; and
(2) the absentee voter's name has not been marked on the poll list under section 16 of this chapter;
the absentee voter may recast the voter's ballot under this section. To obtain another set of ballots the absentee voter must present a written
request for another set of ballots from the circuit court clerk.
(c) Upon receiving a written request under subsection (b), the circuit
court clerk shall do the following:
(1) Place the written request with the absentee voter's original
ballots.
(2) Mark "canceled" on the original set of ballots.
(3) Preserve the original ballots with the other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
(1) ceases to be a candidate; and
(2) is succeeded by a candidate selected under IC 3-13-1.
(b) Through the last day before the election day, an absentee voter may recast the ballot during the period specified by IC 3-11-10-26. To obtain another set of ballots, the absentee voter must present a written request for another set of ballots from the circuit court clerk.
(c) Upon receiving a written request under subsection (b), the circuit court clerk shall do the following:
(1) Place the written request with the absentee voter's original ballots.
(2) Mark "canceled" on the original set of ballots.
(3) Preserve the original ballots with other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
(1) cast for president or vice president of the United States under IC 3-10-4-6; or
(2) described by section 15 of this chapter.
(b) A vote cast for a candidate who ceases to be a candidate may not be counted as a vote for a successor candidate selected under IC 3-13-1.
(1) ceases to be a candidate; and
(2) is succeeded by a candidate selected under IC 3-13-1.
IC 3-13-2.
(b) A vote cast in the election for the original nominee is considered
a vote cast for the successor.
(1) not later than noon June 30 after the primary election if the vacancy exists on a general or municipal election ballot; and
(2) within thirty (30) days after the occurrence of the vacancy, if the vacancy exists on a special election ballot, subject to
(b) This subsection applies to a candidate vacancy that exists before the
(1) The death of a candidate.
(2) The withdrawal of a candidate.
(3) The disqualification of a candidate under IC 3-8-1-5.
(4) A court order issued under IC 3-8-7-29(d).
Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this chapter for reasons permitted under this subsection must be taken within thirty (30) days after the occurrence of the vacancy.
(1) not later than February 1 if the individual is required to file the statement as an officeholder; or
(2) if a candidate for office, before the individual (or a political party officer acting on behalf of the individual) files:
(A) a declaration of candidacy, if required under IC 3-8-2 or IC 3-8-4-11;
(B) a certified petition of nomination with the Indiana election division under IC 3-8-6;
(C) a certificate of nomination under IC 3-8-7-8;
(D) a certificate of candidate selection under IC 3-13-1;
(E) a declaration of intent to be a write-in candidate, if required under IC 3-8-2.
(b) In a county where judges are selected by a county commission on judicial qualifications, a candidate must file a statement with the county commission on judicial qualifications and with the commission on judicial qualifications.
