Indiana 2022 Regular Session

Indiana House Bill HB1185 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1185
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5-2-30; IC 3-8; IC 3-10-2-15.
7	7	Synopsis: Ballot access for minor parties. Provides that the term
8	8	"major political party" refers to: (1) with respect to the state, any of the
9	9	parties whose nominees received more than 2,500 votes statewide for
10	10	secretary of state in the last election; or (2) with respect to a political
11	11	subdivision, any of the parties whose nominees received more than 250
12	12	votes in that political subdivision for secretary of state in the last
13	13	election. Provides that a political party whose nominee received at least
14	14	2,500 votes but less than 25% of the votes cast for secretary of state at
15	15	the last election shall nominate the party's candidates at a state
16	16	convention and for certain local offices at a county convention.
17	17	Provides that the petition of nomination for an independent or minor
18	18	political party must be signed by 250 registered voters in the election
19	19	district that the candidate seeks to represent.
20	20	Effective: July 1, 2022.
21	21	Dvorak
22	22	January 6, 2022, read first time and referred to Committee on Elections and
23	23	Apportionment.
24	24	2022 IN 1185—LS 6451/DI 131 Introduced
25	25	Second Regular Session of the 122nd General Assembly (2022)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2021 Regular Session of the General Assembly.
35	35	HOUSE BILL No. 1185
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	elections.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 3-5-2-30 IS AMENDED TO READ AS FOLLOWS
40	40	2 [EFFECTIVE JULY 1, 2022]: Sec. 30. "Major political party" refers to:
41	41	3 (1) with respect to the state, either any of the two (2) parties
42	42	4 whose nominees received the highest and second highest numbers
43	43	5 of more than two thousand five hundred (2,500) votes
44	44	6 statewide for secretary of state in the last election; or
45	45	7 (2) with respect to a political subdivision, either any of the two
46	46	8 (2) parties whose nominees received the highest and second
47	47	9 highest numbers of more than two hundred fifty (250) votes in
48	48	10 that political subdivision for secretary of state in the last election.
49	49	11 SECTION 2. IC 3-8-4-10, AS AMENDED BY P.L.278-2019,
50	50	12 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51	51	13 JULY 1, 2022]: Sec. 10. (a) This section applies to a political party
52	52	14 whose nominee received at least two percent (2%) two thousand five
53	53	15 hundred (2,500) votes but less than ten twenty-five percent (10%)
54	54	16 (25%) of the votes cast for secretary of state at the last election for that
55	55	17 office.
56	56	2022 IN 1185—LS 6451/DI 131 2
57	57	1 (b) A political party subject to this section shall also nominate the
58	58	2 party's candidates for the following offices at the state convention of
59	59	3 the party:
60	60	4 (1) United States Senator.
61	61	5 (2) United States Representative.
62	62	6 (3) Governor.
63	63	7 (4) Legislative office.
64	64	8 (5) A local office listed in IC 3-8-2-5.
65	65	9 (c) A question concerning the validity of a candidate's nomination
66	66	10 under this section for a federal office or a local office listed in
67	67	11 IC 3-8-2-5 shall be determined by the commission in accordance with
68	68	12 IC 3-13-1-16.5(a).
69	69	13 SECTION 3. IC 3-8-6-3 IS AMENDED TO READ AS FOLLOWS
70	70	14 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) A petition of nomination must
71	71	15 be signed by the number of voters equal to two percent (2%) of the
72	72	16 total vote cast at the last election for secretary of state at least two
73	73	17 hundred fifty (250) registered voters in the election district that the
74	74	18 candidate seeks to represent.
75	75	19 (b) In determining the number of signatures required under this
76	76	20 section, any fraction in excess of a whole number must be disregarded.
77	77	21 SECTION 4. IC 3-10-2-15 IS AMENDED TO READ AS
78	78	22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) This section
79	79	23 applies to a political party whose nominee received at least two percent
80	80	24 (2%) two thousand five hundred (2,500) votes but less than ten
81	81	25 twenty-five percent (10%) (25%) of the votes cast for secretary of
82	82	26 state at the last election for that office.
83	83	27 (b) This section applies only to a local office that is:
84	84	28 (1) not listed in IC 3-8-2-5; and
85	85	29 (2) not a municipal office subject to IC 3-8-5-17 or IC 3-10-6-12.
86	86	30 (c) A political party subject to this section shall nominate the party's
87	87	31 candidate for a local office at a county convention of the party
88	88	32 conducted not later than noon on the date specified by
89	89	33 IC 3-13-1-7(a)(1) for a major political party to act to fill a candidate
90	90	34 vacancy.
91	91	35 (d) The chairman and secretary of the convention shall execute a
92	92	36 certificate of nomination in writing, setting out the following:
93	93	37 (1) The name of each nominee as:
94	94	38 (A) the nominee wants the nominee's name to appear on the
95	95	39 ballot; and
96	96	40 (B) the nominee's name is permitted to appear on the ballot
97	97	41 under IC 3-5-7.
98	98	42 (2) The residence address of each nominee.
99	99	2022 IN 1185—LS 6451/DI 131 3
100	100	1 (3) The office for which each nominee was nominated.
101	101	2 (4) That each nominee is legally qualified to hold office.
102	102	3 (5) The political party device or emblem by which the ticket will
103	103	4 be designated on the ballot.
104	104	5 Both the chairman and secretary shall acknowledge the certificate
105	105	6 before an officer authorized to take acknowledgment of deeds.
106	106	7 (e) Each candidate nominated under this section shall execute a
107	107	8 consent to the nomination in the same form as a candidate nominated
108	108	9 by petition under IC 3-8-6.
109	109	10 (f) The certificate required by subsection (d) and the consent
110	110	11 required by subsection (e) must be filed with the circuit court clerk of
111	111	12 the county containing the greatest percentage of population of the
112	112	13 election district for which the candidate has been nominated by the
113	113	14 convention not later than noon on the date specified by IC 3-13-1-15(c)
114	114	15 for a major political party to file a certificate of candidate selection.
115	115	16 (g) A candidate's consent to the nomination must include a
116	116	17 statement that the candidate requests the name on the candidate's voter
117	117	18 registration record be the same as the name the candidate uses on the
118	118	19 consent to the nomination. If there is a difference between the name on
119	119	20 the candidate's consent to the nomination and the name on the
120	120	21 candidate's voter registration record, the officer with whom the consent
121	121	22 to the nomination is filed shall forward the information to the voter
122	122	23 registration officer of the appropriate county. The voter registration
123	123	24 officer of the appropriate county shall change the name on the
124	124	25 candidate's voter registration record to be the same as the name on the
125	125	26 candidate's consent to the nomination.
126	126	27 (h) A question concerning the validity of a candidate's nomination
127	127	28 under this section shall be determined by a county election board in
128	128	29 accordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c).
129	129	30 (i) A nominee who wants to withdraw must file a notice of
130	130	31 withdrawal in accordance with IC 3-8-7-28.
131	131	2022 IN 1185—LS 6451/DI 131