Introduced Version
HOUSE BILL No. 1632
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2-30; IC 3-8; IC 3-10-2-15.
Synopsis: Ballot access for major and minor parties. Provides that the
term "major political party" refers to: (1) with respect to the state, any
of the parties whose nominees received more than 2,500 votes
statewide for secretary of state in the last election; or (2) with respect
to a political subdivision, any of the parties whose nominees received
more than 250 votes in that political subdivision for secretary of state
in the last election. Provides that a political party whose nominee
received at least 2,500 votes but less than 25% of the votes cast for
secretary of state at the last election shall nominate the party's
candidates at a state convention and for certain local offices at a county
convention. Permits a petition of nomination for an independent or
minor political party to be signed by 250 registered voters in the
election district that the candidate seeks to represent.
Effective: July 1, 2023.
Dvorak
January 19, 2023, read first time and referred to Committee on Elections and
Apportionment.
2023 IN 1632—LS 7475/DI 51 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. 1632
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 3-5-2-30 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2023]: Sec. 30. "Major political party" refers to:
3 (1) with respect to the state, either any of the two (2) parties
4 whose nominees received the highest and second highest numbers
5 of more than two thousand five hundred (2,500) votes
6 statewide for secretary of state in the last election; or
7 (2) with respect to a political subdivision, either any of the two
8 (2) parties whose nominees received the highest and second
9 highest numbers of more than:
10 (A) two hundred fifty (250) votes in that political subdivision
11 for secretary of state in the last election; or
12 (B) if the total number of votes in that political subdivision
13 for secretary of state in the last election was five hundred
14 (500) or fewer, the highest and second highest numbers of
15 votes in that political subdivision for secretary of state in
16 the last election.
17 SECTION 2. IC 3-8-4-1 IS AMENDED TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2023]: Sec. 1. This chapter applies to each
2 political party in the state whose nominee received at least two percent
3 (2%) two thousand five hundred (2,500) votes of the total vote cast
4 for secretary of state at the last election.
5 SECTION 3. IC 3-8-4-10, AS AMENDED BY P.L.278-2019,
6 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2023]: Sec. 10. (a) This section applies to a political party
8 whose nominee received at least two percent (2%) two thousand five
9 hundred (2,500) votes but less than ten twenty-five percent (10%)
10 (25%) of the votes cast for secretary of state at the last election for that
11 office.
12 (b) A political party subject to this section shall also nominate the
13 party's candidates for the following offices at the state convention of
14 the party:
15 (1) United States Senator.
16 (2) United States Representative.
17 (3) Governor.
18 (4) Legislative office.
19 (5) A local office listed in IC 3-8-2-5.
20 (c) A question concerning the validity of a candidate's nomination
21 under this section for a federal office or a local office listed in
22 IC 3-8-2-5 shall be determined by the commission in accordance with
23 IC 3-13-1-16.5(a).
24 SECTION 4. IC 3-8-6-3 IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) A petition of nomination must
26 be signed by the lesser of:
27 (1) at least the number of voters equal to two percent (2%) of the
28 total vote cast at the last election for secretary of state in the
29 election district that the candidate seeks to represent; or
30 (2) at least two hundred fifty (250) registered voters in the
31 election district that the candidate seeks to represent.
32 (b) In determining the number of signatures required under this
33 section, any fraction in excess of a whole number must be disregarded.
34 SECTION 5. IC 3-8-7-25, AS AMENDED BY P.L.169-2015,
35 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2023]: Sec. 25. Each county election board shall have printed
37 on the respective general, special, or municipal election ballots the
38 names of the following candidates:
39 (1) Nominees chosen at a primary election under IC 3-10 and
40 certified as required by this chapter.
41 (2) Nominees chosen by a convention of a political party in the
42 state whose candidate received at least two percent (2%) two
2023 IN 1632—LS 7475/DI 51 3
1 thousand five hundred (2,500) votes of the total vote cast for
2 secretary of state at the last election and certified under section 8
3 of this chapter.
4 (3) Nominees nominated by petition under IC 3-8-6.
5 (4) Nominees selected to fill a candidate vacancy under IC 3-13-1
6 or IC 3-13-2.
7 SECTION 6. IC 3-10-2-15 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. (a) This section
9 applies to a political party whose nominee received at least two percent
10 (2%) two thousand five hundred (2,500) votes but less than ten
11 twenty-five percent (10%) (25%) of the votes cast for secretary of
12 state at the last election for that office.
13 (b) This section applies only to a local office that is:
14 (1) not listed in IC 3-8-2-5; and
15 (2) not a municipal office subject to IC 3-8-5-17 or IC 3-10-6-12.
16 (c) A political party subject to this section shall nominate the party's
17 candidate for a local office at a county convention of the party
18 conducted not later than noon on the date specified by
19 IC 3-13-1-7(a)(1) for a major political party to act to fill a candidate
20 vacancy.
21 (d) The chairman and secretary of the convention shall execute a
22 certificate of nomination in writing, setting out the following:
23 (1) The name of each nominee as:
24 (A) the nominee wants the nominee's name to appear on the
25 ballot; and
26 (B) the nominee's name is permitted to appear on the ballot
27 under IC 3-5-7.
28 (2) The residence address of each nominee.
29 (3) The office for which each nominee was nominated.
30 (4) That each nominee is legally qualified to hold office.
31 (5) The political party device or emblem by which the ticket will
32 be designated on the ballot.
33 Both the chairman and secretary shall acknowledge the certificate
34 before an officer authorized to take acknowledgment of deeds.
35 (e) Each candidate nominated under this section shall execute a
36 consent to the nomination in the same form as a candidate nominated
37 by petition under IC 3-8-6.
38 (f) The certificate required by subsection (d) and the consent
39 required by subsection (e) must be filed with the circuit court clerk of
40 the county containing the greatest percentage of population of the
41 election district for which the candidate has been nominated by the
42 convention not later than noon on the date specified by IC 3-13-1-15(c)
2023 IN 1632—LS 7475/DI 51 4
1 for a major political party to file a certificate of candidate selection.
2 (g) A candidate's consent to the nomination must include a
3 statement that the candidate requests the name on the candidate's voter
4 registration record be the same as the name the candidate uses on the
5 consent to the nomination. If there is a difference between the name on
6 the candidate's consent to the nomination and the name on the
7 candidate's voter registration record, the officer with whom the consent
8 to the nomination is filed shall forward the information to the voter
9 registration officer of the appropriate county. The voter registration
10 officer of the appropriate county shall change the name on the
11 candidate's voter registration record to be the same as the name on the
12 candidate's consent to the nomination.
13 (h) A question concerning the validity of a candidate's nomination
14 under this section shall be determined by a county election board in
15 accordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c).
16 (i) A nominee who wants to withdraw must file a notice of
17 withdrawal in accordance with IC 3-8-7-28.
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