IN
Indiana House Bill HB1230

Indiana 2023 Regular Session

Indiana House Bill HB1230 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1230
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 3-8.
77 Synopsis: Declaration of candidacy. Removes the requirement that to
88 determine a candidate's affiliation with a major political party, the
99 candidate must have voted in the political party's most recent primary
1010 elections or the county chairman of the political party must certify the
1111 candidate's affiliation with that major political party.
1212 Effective: July 1, 2023.
1313 Sweet
1414 January 10, 2023, read first time and referred to Committee on Elections and
1515 Apportionment.
1616 2023 IN 1230—LS 7278/DI 75 Introduced
1717 First Regular Session of the 123rd General Assembly (2023)
1818 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1919 Constitution) is being amended, the text of the existing provision will appear in this style type,
2020 additions will appear in this style type, and deletions will appear in this style type.
2121 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2222 provision adopted), the text of the new provision will appear in this style type. Also, the
2323 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2424 a new provision to the Indiana Code or the Indiana Constitution.
2525 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2626 between statutes enacted by the 2022 Regular Session of the General Assembly.
2727 HOUSE BILL No. 1230
2828 A BILL FOR AN ACT to amend the Indiana Code concerning
2929 elections.
3030 Be it enacted by the General Assembly of the State of Indiana:
3131 1 SECTION 1. IC 3-8-2-7, AS AMENDED BY P.L.193-2021,
3232 2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3333 3 JULY 1, 2023]: Sec. 7. (a) The declaration of each candidate required
3434 4 by this chapter must be signed before a person authorized to administer
3535 5 oaths and contain the following information:
3636 6 (1) The candidate's name, printed or typewritten as:
3737 7 (A) the candidate wants the candidate's name to appear on the
3838 8 ballot; and
3939 9 (B) the candidate's name is permitted to appear on the ballot
4040 10 under IC 3-5-7.
4141 11 (2) A statement that the candidate is a registered voter and the
4242 12 location of the candidate's precinct and township (or ward, if
4343 13 applicable, and city or town), county, and state.
4444 14 (3) The candidate's complete residence address, and if the
4545 15 candidate's mailing address is different from the residence
4646 16 address, the mailing address.
4747 17 (4) A statement of the candidate's party affiliation. For purposes
4848 2023 IN 1230—LS 7278/DI 75 2
4949 1 of this subdivision, a candidate is considered to be affiliated with
5050 2 a political party only if any of the following applies:
5151 3 (A) The two (2) most recent primary elections in Indiana in
5252 4 which the candidate voted were primary elections held by the
5353 5 party with which the candidate claims affiliation. If the
5454 6 candidate cast a nonpartisan ballot at an election held at the
5555 7 most recent primary election in which the candidate voted, a
5656 8 certification by the county chairman under clause (B) is
5757 9 required.
5858 10 (B) The county chairman of:
5959 11 (i) the political party with which the candidate claims
6060 12 affiliation; and
6161 13 (ii) the county in which the candidate resides;
6262 14 certifies that the candidate is a member of the political party.
6363 15 The declaration of candidacy must inform candidates how party
6464 16 affiliation is determined under this subdivision and permit the
6565 17 candidate to indicate on the declaration of candidacy which of
6666 18 clauses (A) or (B) applies to the candidate. If a candidate claims
6767 19 party affiliation under clause (B), the candidate must attach to the
6868 20 candidate's declaration of candidacy the written certification of
6969 21 the county chairman required by clause (B).
7070 22 (5) A statement that the candidate complies with all requirements
7171 23 under the laws of Indiana to be a candidate for the above named
7272 24 office, including any applicable residency requirements, and that
7373 25 the candidate is not ineligible to be a candidate due to a criminal
7474 26 conviction that would prohibit the candidate from serving in the
7575 27 office.
7676 28 (6) A request that the candidate's name be placed on the official
7777 29 primary ballot of that party to be voted on, the office for which the
7878 30 candidate is declaring, and the date of the primary election.
7979 31 (7) The following statements:
8080 32 (A) A statement that the candidate has attached either of the
8181 33 following to the declaration:
8282 34 (i) A copy of a statement of economic interests, file stamped
8383 35 by the office required to receive the statement of economic
8484 36 interests.
8585 37 (ii) A receipt or photocopy of a receipt showing that a
8686 38 statement of economic interests has been filed.
8787 39 This requirement does not apply to a candidate for a federal
8888 40 office.
8989 41 (B) A statement that the candidate understands that if the
9090 42 candidate is elected to the office, the candidate may be
9191 2023 IN 1230—LS 7278/DI 75 3
9292 1 required to obtain and file an individual surety bond before
9393 2 serving in the office. This requirement does not apply to a
9494 3 candidate for a federal office or legislative office.
9595 4 (C) A statement that the candidate understands that if the
9696 5 candidate is elected to the office, the candidate may be
9797 6 required to successfully complete training or have attained
9898 7 certification related to service in an elected office. This
9999 8 requirement does not apply to a candidate for a federal office,
100100 9 state office, or legislative office.
101101 10 (D) A statement that the candidate:
102102 11 (i) is aware of the provisions of IC 3-9 regarding campaign
103103 12 finance and the reporting of campaign contributions and
104104 13 expenditures; and
105105 14 (ii) agrees to comply with the provisions of IC 3-9.
106106 15 This requirement does not apply to a candidate for a federal
107107 16 office.
108108 17 The candidate must separately initial each of the statements
109109 18 required by this subdivision.
110110 19 (8) A statement as to whether the candidate has been a candidate
111111 20 for state, legislative, or local office in a previous primary,
112112 21 municipal, special, or general election and whether the candidate
113113 22 has filed all reports required by IC 3-9-5-10 for all previous
114114 23 candidacies.
115115 24 (9) If the candidate is subject to IC 3-9-1-5, a statement that the
116116 25 candidate has filed a campaign finance statement of organization
117117 26 for the candidate's principal committee or is aware that the
118118 27 candidate may be required to file a campaign finance statement of
119119 28 organization not later than noon seven (7) days after the final date
120120 29 to file the declaration of candidacy under section 4 of this chapter.
121121 30 (10) The candidate's signature.
122122 31 (b) The election division shall provide that the form of a declaration
123123 32 of candidacy includes the following information:
124124 33 (1) The dates for filing campaign finance reports under IC 3-9.
125125 34 (2) The penalties for late filing of campaign finance reports under
126126 35 IC 3-9.
127127 36 (c) A declaration of candidacy must include a statement that the
128128 37 candidate requests the name on the candidate's voter registration record
129129 38 be the same as the name the candidate uses on the declaration of
130130 39 candidacy. If there is a difference between the name on the candidate's
131131 40 declaration of candidacy and the name on the candidate's voter
132132 41 registration record, the officer with whom the declaration of candidacy
133133 42 is filed shall forward the information to the voter registration officer of
134134 2023 IN 1230—LS 7278/DI 75 4
135135 1 the appropriate county as required by IC 3-5-7-6(e). The voter
136136 2 registration officer of the appropriate county shall change the name on
137137 3 the candidate's voter registration record to be the same as the name on
138138 4 the candidate's declaration of candidacy.
139139 5 SECTION 2. IC 3-8-5-10.5, AS AMENDED BY P.L.109-2021,
140140 6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
141141 7 JULY 1, 2023]: Sec. 10.5. (a) A person who desires to be nominated
142142 8 for a town office by a major political party must file a declaration of
143143 9 candidacy with the circuit court clerk of the county containing the
144144 10 greatest percentage of population of the town.
145145 11 (b) A declaration of candidacy must be filed:
146146 12 (1) not earlier than the first date that a declaration of candidacy
147147 13 for a primary election may be filed under IC 3-8-2-4; and
148148 14 (2) not later than:
149149 15 (A) noon August 1 before a municipal election if the town
150150 16 nominates its candidates by convention; and
151151 17 (B) the date that a declaration of candidacy must be filed under
152152 18 IC 3-8-2-4 if the town nominates its candidates by a primary
153153 19 election.
154154 20 (c) The declaration must be subscribed and sworn to (or affirmed)
155155 21 before a notary public or other person authorized to administer oaths.
156156 22 (d) The declaration of each candidate required by this section must
157157 23 certify the following information:
158158 24 (1) The candidate's name, printed or typewritten as:
159159 25 (A) the candidate wants the candidate's name to appear on the
160160 26 ballot; and
161161 27 (B) the candidate's name is permitted to appear on the ballot
162162 28 under IC 3-5-7.
163163 29 (2) That the candidate is a registered voter and the location of the
164164 30 candidate's precinct and township (or the ward, if applicable, and
165165 31 town), county, and state.
166166 32 (3) The candidate's complete residence address and the
167167 33 candidate's mailing address if the mailing address is different
168168 34 from the residence address.
169169 35 (4) The majority party candidate's party affiliation and the office
170170 36 to which the candidate seeks nomination, including the district
171171 37 designation if the candidate is seeking a town legislative body
172172 38 seat. For purposes of this subdivision, a candidate is considered
173173 39 to be affiliated with a political party only if one (1) of the
174174 40 following applies:
175175 41 (A) The most recent primary election in Indiana in which the
176176 42 candidate voted was a primary election held by the party with
177177 2023 IN 1230—LS 7278/DI 75 5
178178 1 which the candidate claims affiliation. If the candidate cast a
179179 2 nonpartisan ballot at an election held at the most recent
180180 3 primary election in which the candidate voted, a certification
181181 4 by the county chairman under clause (B) is required.
182182 5 (B) The county chairman of:
183183 6 (i) the political party with which the candidate claims
184184 7 affiliation; and
185185 8 (ii) the county in which the candidate resides;
186186 9 certifies in writing that the candidate is a member of the
187187 10 political party.
188188 11 The declaration of candidacy must inform a candidate how party
189189 12 affiliation is determined under this subdivision and permit the
190190 13 candidate to indicate on the declaration of candidacy whether
191191 14 clause (A) or (B) applies to the candidate. If a candidate claims
192192 15 party affiliation under clause (B), the candidate must attach to the
193193 16 candidate's declaration of candidacy the written certification of
194194 17 the county chairman required by clause (B).
195195 18 (5) That the candidate complies with all requirements under the
196196 19 laws of Indiana to be a candidate for the above named office,
197197 20 including any applicable residency requirements, and is not
198198 21 ineligible to be a candidate due to a criminal conviction that
199199 22 would prohibit the candidate from serving in the office.
200200 23 (6) That the candidate has attached either of the following to the
201201 24 declaration:
202202 25 (A) A copy of a statement of economic interests, file stamped
203203 26 by the office required to receive the statement of economic
204204 27 interests.
205205 28 (B) A receipt or photocopy of a receipt showing that a
206206 29 statement of economic interests has been filed.
207207 30 (7) That the candidate understands that if the candidate is elected
208208 31 to the office, the candidate may be required to obtain and file an
209209 32 individual surety bond before serving in the office.
210210 33 (8) That the candidate understands that if the candidate is elected
211211 34 to the office, the candidate may be required to successfully
212212 35 complete training or have attained certification related to service
213213 36 in an elected office.
214214 37 (9) That the candidate:
215215 38 (A) is aware of the provisions of IC 3-9 regarding campaign
216216 39 finance and the reporting of campaign contributions and
217217 40 expenditures; and
218218 41 (B) agrees to comply with the provisions of IC 3-9.
219219 42 (10) A statement indicating whether or not the candidate:
220220 2023 IN 1230—LS 7278/DI 75 6
221221 1 (A) has been a candidate for state, legislative, local, or school
222222 2 board office in a previous primary, municipal, special, or
223223 3 general election; and
224224 4 (B) has filed all reports required by IC 3-9-5-10 for all
225225 5 previous candidacies.
226226 6 (11) The candidate's signature.
227227 7 (e) This subsection does not apply to a town whose municipal
228228 8 election is to be conducted by a county. Immediately after the deadline
229229 9 for filing, the circuit court clerk shall do all of the following:
230230 10 (1) Certify to the town clerk-treasurer and release to the public a
231231 11 list of the candidates of each political party for each office. The
232232 12 list shall indicate any candidates of a political party nominated for
233233 13 an office under this chapter because of the failure of any other
234234 14 candidates of that political party to file a declaration of candidacy
235235 15 for that office.
236236 16 (2) Post a copy of the list in a prominent place in the circuit court
237237 17 clerk's office.
238238 18 (3) File a copy of each declaration of candidacy with the town
239239 19 clerk-treasurer.
240240 20 (f) A person who files a declaration of candidacy for an elected
241241 21 office for which a per diem or salary is provided for by law is
242242 22 disqualified from filing a declaration of candidacy for another office for
243243 23 which a per diem or salary is provided for by law until the original
244244 24 declaration is withdrawn.
245245 25 (g) A person who files a declaration of candidacy for an elected
246246 26 office may not file a declaration of candidacy for that office in the same
247247 27 year as a member of a different political party until the original
248248 28 declaration is withdrawn.
249249 29 (h) A person who files a declaration of candidacy under this section
250250 30 may file a written notice withdrawing the person's declaration of
251251 31 candidacy in the same manner as the original declaration was filed, if
252252 32 the notice of withdrawal is filed not later than:
253253 33 (1) noon August 1 before the municipal election if the town
254254 34 nominates its candidates by convention; and
255255 35 (2) the date that a declaration of candidacy may be withdrawn
256256 36 under IC 3-8-2-20 if the town nominates its candidates in a
257257 37 primary election.
258258 38 (i) A declaration of candidacy must include a statement that the
259259 39 candidate requests the name on the candidate's voter registration record
260260 40 be the same as the name the candidate uses on the declaration of
261261 41 candidacy. If there is a difference between the name on the candidate's
262262 42 declaration of candidacy and the name on the candidate's voter
263263 2023 IN 1230—LS 7278/DI 75 7
264264 1 registration record, the officer with whom the declaration of candidacy
265265 2 is filed shall forward the information to the voter registration officer of
266266 3 the appropriate county as required by IC 3-5-7-6(e). The voter
267267 4 registration officer of the appropriate county shall change the name on
268268 5 the candidate's voter registration record to be the same as the name on
269269 6 the candidate's declaration of candidacy.
270270 2023 IN 1230—LS 7278/DI 75