Introduced Version
HOUSE BILL No. 1230
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-8.
Synopsis: Declaration of candidacy. Removes the requirement that to
determine a candidate's affiliation with a major political party, the
candidate must have voted in the political party's most recent primary
elections or the county chairman of the political party must certify the
candidate's affiliation with that major political party.
Effective: July 1, 2023.
Sweet
January 10, 2023, read first time and referred to Committee on Elections and
Apportionment.
2023 IN 1230—LS 7278/DI 75 Introduced
First Regular Session of the 123rd General Assembly (2023)
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 this style type.
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 this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1230
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-8-2-7, AS AMENDED BY P.L.193-2021,
2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 7. (a) The declaration of each candidate required
4 by this chapter must be signed before a person authorized to administer
5 oaths and contain the following information:
6 (1) The candidate's name, printed or typewritten as:
7 (A) the candidate wants the candidate's name to appear on the
8 ballot; and
9 (B) the candidate's name is permitted to appear on the ballot
10 under IC 3-5-7.
11 (2) A statement that the candidate is a registered voter and the
12 location of the candidate's precinct and township (or ward, if
13 applicable, and city or town), county, and state.
14 (3) The candidate's complete residence address, and if the
15 candidate's mailing address is different from the residence
16 address, the mailing address.
17 (4) A statement of the candidate's party affiliation. For purposes
2023 IN 1230—LS 7278/DI 75 2
1 of this subdivision, a candidate is considered to be affiliated with
2 a political party only if any of the following applies:
3 (A) The two (2) most recent primary elections in Indiana in
4 which the candidate voted were primary elections held by the
5 party with which the candidate claims affiliation. If the
6 candidate cast a nonpartisan ballot at an election held at the
7 most recent primary election in which the candidate voted, a
8 certification by the county chairman under clause (B) is
9 required.
10 (B) The county chairman of:
11 (i) the political party with which the candidate claims
12 affiliation; and
13 (ii) the county in which the candidate resides;
14 certifies that the candidate is a member of the political party.
15 The declaration of candidacy must inform candidates how party
16 affiliation is determined under this subdivision and permit the
17 candidate to indicate on the declaration of candidacy which of
18 clauses (A) or (B) applies to the candidate. If a candidate claims
19 party affiliation under clause (B), the candidate must attach to the
20 candidate's declaration of candidacy the written certification of
21 the county chairman required by clause (B).
22 (5) A statement that the candidate complies with all requirements
23 under the laws of Indiana to be a candidate for the above named
24 office, including any applicable residency requirements, and that
25 the candidate is not ineligible to be a candidate due to a criminal
26 conviction that would prohibit the candidate from serving in the
27 office.
28 (6) A request that the candidate's name be placed on the official
29 primary ballot of that party to be voted on, the office for which the
30 candidate is declaring, and the date of the primary election.
31 (7) The following statements:
32 (A) A statement that the candidate has attached either of the
33 following to the declaration:
34 (i) A copy of a statement of economic interests, file stamped
35 by the office required to receive the statement of economic
36 interests.
37 (ii) A receipt or photocopy of a receipt showing that a
38 statement of economic interests has been filed.
39 This requirement does not apply to a candidate for a federal
40 office.
41 (B) A statement that the candidate understands that if the
42 candidate is elected to the office, the candidate may be
2023 IN 1230—LS 7278/DI 75 3
1 required to obtain and file an individual surety bond before
2 serving in the office. This requirement does not apply to a
3 candidate for a federal office or legislative office.
4 (C) A statement that the candidate understands that if the
5 candidate is elected to the office, the candidate may be
6 required to successfully complete training or have attained
7 certification related to service in an elected office. This
8 requirement does not apply to a candidate for a federal office,
9 state office, or legislative office.
10 (D) A statement that the candidate:
11 (i) is aware of the provisions of IC 3-9 regarding campaign
12 finance and the reporting of campaign contributions and
13 expenditures; and
14 (ii) agrees to comply with the provisions of IC 3-9.
15 This requirement does not apply to a candidate for a federal
16 office.
17 The candidate must separately initial each of the statements
18 required by this subdivision.
19 (8) A statement as to whether the candidate has been a candidate
20 for state, legislative, or local office in a previous primary,
21 municipal, special, or general election and whether the candidate
22 has filed all reports required by IC 3-9-5-10 for all previous
23 candidacies.
24 (9) If the candidate is subject to IC 3-9-1-5, a statement that the
25 candidate has filed a campaign finance statement of organization
26 for the candidate's principal committee or is aware that the
27 candidate may be required to file a campaign finance statement of
28 organization not later than noon seven (7) days after the final date
29 to file the declaration of candidacy under section 4 of this chapter.
30 (10) The candidate's signature.
31 (b) The election division shall provide that the form of a declaration
32 of candidacy includes the following information:
33 (1) The dates for filing campaign finance reports under IC 3-9.
34 (2) The penalties for late filing of campaign finance reports under
35 IC 3-9.
36 (c) A declaration of candidacy must include a statement that the
37 candidate requests the name on the candidate's voter registration record
38 be the same as the name the candidate uses on the declaration of
39 candidacy. If there is a difference between the name on the candidate's
40 declaration of candidacy and the name on the candidate's voter
41 registration record, the officer with whom the declaration of candidacy
42 is filed shall forward the information to the voter registration officer of
2023 IN 1230—LS 7278/DI 75 4
1 the appropriate county as required by IC 3-5-7-6(e). The voter
2 registration officer of the appropriate county shall change the name on
3 the candidate's voter registration record to be the same as the name on
4 the candidate's declaration of candidacy.
5 SECTION 2. IC 3-8-5-10.5, AS AMENDED BY P.L.109-2021,
6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2023]: Sec. 10.5. (a) A person who desires to be nominated
8 for a town office by a major political party must file a declaration of
9 candidacy with the circuit court clerk of the county containing the
10 greatest percentage of population of the town.
11 (b) A declaration of candidacy must be filed:
12 (1) not earlier than the first date that a declaration of candidacy
13 for a primary election may be filed under IC 3-8-2-4; and
14 (2) not later than:
15 (A) noon August 1 before a municipal election if the town
16 nominates its candidates by convention; and
17 (B) the date that a declaration of candidacy must be filed under
18 IC 3-8-2-4 if the town nominates its candidates by a primary
19 election.
20 (c) The declaration must be subscribed and sworn to (or affirmed)
21 before a notary public or other person authorized to administer oaths.
22 (d) The declaration of each candidate required by this section must
23 certify the following information:
24 (1) The candidate's name, printed or typewritten as:
25 (A) the candidate wants the candidate's name to appear on the
26 ballot; and
27 (B) the candidate's name is permitted to appear on the ballot
28 under IC 3-5-7.
29 (2) That the candidate is a registered voter and the location of the
30 candidate's precinct and township (or the ward, if applicable, and
31 town), county, and state.
32 (3) The candidate's complete residence address and the
33 candidate's mailing address if the mailing address is different
34 from the residence address.
35 (4) The majority party candidate's party affiliation and the office
36 to which the candidate seeks nomination, including the district
37 designation if the candidate is seeking a town legislative body
38 seat. For purposes of this subdivision, a candidate is considered
39 to be affiliated with a political party only if one (1) of the
40 following applies:
41 (A) The most recent primary election in Indiana in which the
42 candidate voted was a primary election held by the party with
2023 IN 1230—LS 7278/DI 75 5
1 which the candidate claims affiliation. If the candidate cast a
2 nonpartisan ballot at an election held at the most recent
3 primary election in which the candidate voted, a certification
4 by the county chairman under clause (B) is required.
5 (B) The county chairman of:
6 (i) the political party with which the candidate claims
7 affiliation; and
8 (ii) the county in which the candidate resides;
9 certifies in writing that the candidate is a member of the
10 political party.
11 The declaration of candidacy must inform a candidate how party
12 affiliation is determined under this subdivision and permit the
13 candidate to indicate on the declaration of candidacy whether
14 clause (A) or (B) applies to the candidate. If a candidate claims
15 party affiliation under clause (B), the candidate must attach to the
16 candidate's declaration of candidacy the written certification of
17 the county chairman required by clause (B).
18 (5) That the candidate complies with all requirements under the
19 laws of Indiana to be a candidate for the above named office,
20 including any applicable residency requirements, and is not
21 ineligible to be a candidate due to a criminal conviction that
22 would prohibit the candidate from serving in the office.
23 (6) That the candidate has attached either of the following to the
24 declaration:
25 (A) A copy of a statement of economic interests, file stamped
26 by the office required to receive the statement of economic
27 interests.
28 (B) A receipt or photocopy of a receipt showing that a
29 statement of economic interests has been filed.
30 (7) That the candidate understands that if the candidate is elected
31 to the office, the candidate may be required to obtain and file an
32 individual surety bond before serving in the office.
33 (8) That the candidate understands that if the candidate is elected
34 to the office, the candidate may be required to successfully
35 complete training or have attained certification related to service
36 in an elected office.
37 (9) That the candidate:
38 (A) is aware of the provisions of IC 3-9 regarding campaign
39 finance and the reporting of campaign contributions and
40 expenditures; and
41 (B) agrees to comply with the provisions of IC 3-9.
42 (10) A statement indicating whether or not the candidate:
2023 IN 1230—LS 7278/DI 75 6
1 (A) has been a candidate for state, legislative, local, or school
2 board office in a previous primary, municipal, special, or
3 general election; and
4 (B) has filed all reports required by IC 3-9-5-10 for all
5 previous candidacies.
6 (11) The candidate's signature.
7 (e) This subsection does not apply to a town whose municipal
8 election is to be conducted by a county. Immediately after the deadline
9 for filing, the circuit court clerk shall do all of the following:
10 (1) Certify to the town clerk-treasurer and release to the public a
11 list of the candidates of each political party for each office. The
12 list shall indicate any candidates of a political party nominated for
13 an office under this chapter because of the failure of any other
14 candidates of that political party to file a declaration of candidacy
15 for that office.
16 (2) Post a copy of the list in a prominent place in the circuit court
17 clerk's office.
18 (3) File a copy of each declaration of candidacy with the town
19 clerk-treasurer.
20 (f) A person who files a declaration of candidacy for an elected
21 office for which a per diem or salary is provided for by law is
22 disqualified from filing a declaration of candidacy for another office for
23 which a per diem or salary is provided for by law until the original
24 declaration is withdrawn.
25 (g) A person who files a declaration of candidacy for an elected
26 office may not file a declaration of candidacy for that office in the same
27 year as a member of a different political party until the original
28 declaration is withdrawn.
29 (h) A person who files a declaration of candidacy under this section
30 may file a written notice withdrawing the person's declaration of
31 candidacy in the same manner as the original declaration was filed, if
32 the notice of withdrawal is filed not later than:
33 (1) noon August 1 before the municipal election if the town
34 nominates its candidates by convention; and
35 (2) the date that a declaration of candidacy may be withdrawn
36 under IC 3-8-2-20 if the town nominates its candidates in a
37 primary election.
38 (i) A declaration of candidacy must include a statement that the
39 candidate requests the name on the candidate's voter registration record
40 be the same as the name the candidate uses on the declaration of
41 candidacy. If there is a difference between the name on the candidate's
42 declaration of candidacy and the name on the candidate's voter
2023 IN 1230—LS 7278/DI 75 7
1 registration record, the officer with whom the declaration of candidacy
2 is filed shall forward the information to the voter registration officer of
3 the appropriate county as required by IC 3-5-7-6(e). The voter
4 registration officer of the appropriate county shall change the name on
5 the candidate's voter registration record to be the same as the name on
6 the candidate's declaration of candidacy.
2023 IN 1230—LS 7278/DI 75