Indiana 2025 Regular Session

Indiana House Bill HB1259 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. 1259
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-9-3-2.5.
7	7	Synopsis: Campaign communications. Requires a flag that solicits a
8	8	contribution or expressly advocates the election or defeat of a clearly
9	9	identified candidate to comply in certain circumstances with campaign
10	10	communication requirements.
11	11	Effective: July 1, 2025.
12	12	Miller K
13	13	January 9, 2025, read first time and referred to Committee on Elections and
14	14	Apportionment.
15	15	2025 IN 1259—LS 7216/DI 144 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1259
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	elections.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 3-9-3-2.5, AS AMENDED BY P.L.225-2011,
31	31	2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2025]: Sec. 2.5. (a) This section does not apply to any of the
33	33	4 following:
34	34	5 (1) A communication relating to an election to a federal office.
35	35	6 (2) A communication relating to the outcome of a public question.
36	36	7 (3) A communication described by this section in a medium
37	37	8 regulated by federal law to the extent that federal law regulates
38	38	9 the appearance, content, or placement of the communication in
39	39	10 the medium.
40	40	11 (4) Bumper stickers, pins, buttons, pens, and similar small items
41	41	12 upon which the disclaimer required by this section cannot be
42	42	13 conveniently printed.
43	43	14 (5) Skywriting, water towers, wearing apparel, or other means of
44	44	15 displaying an advertisement on which the inclusion of a
45	45	16 disclaimer would be impracticable.
46	46	17 (6) Checks, receipts, and similar items of minimal value that do
47	47	2025 IN 1259—LS 7216/DI 144 2
48	48	1 not contain a political message and are used for purely
49	49	2 administrative purposes.
50	50	3 (7) A communication by a political action committee organized
51	51	4 and controlled by a corporation soliciting contributions to the
52	52	5 political action committee by the stockholders, executives, or
53	53	6 employees of the corporation and the families of those
54	54	7 individuals.
55	55	8 (8) A communication by a political action committee organized
56	56	9 and controlled by a labor organization soliciting contributions to
57	57	10 the political action committee by the members or executive
58	58	11 personnel of the labor organization and the families of those
59	59	12 individuals.
60	60	13 (9) A direct mailing of one hundred (100) or less substantially
61	61	14 similar pieces of mail.
62	62	15 (b) This section applies whenever a person:
63	63	16 (1) makes an expenditure for the purpose of financing
64	64	17 communications expressly advocating the election or defeat of a
65	65	18 clearly identified candidate; or
66	66	19 (2) solicits a contribution;
67	67	20 through a newspaper, a magazine, an outdoor advertising facility, a
68	68	21 poster, a yard sign, a flag, a direct mailing, or any other type of general
69	69	22 public political advertising.
70	70	23 (c) For purposes of this section, a candidate is clearly identified if
71	71	24 any of the following apply:
72	72	25 (1) The name of the candidate involved appears.
73	73	26 (2) A photograph or drawing of the candidate appears.
74	74	27 (3) The identity of the candidate is apparent by unambiguous
75	75	28 reference.
76	76	29 (d) A communication described in subsection (b) must contain a
77	77	30 disclaimer that appears and is presented in a clear and conspicuous
78	78	31 manner to give the reader or observer adequate notice of the identity of
79	79	32 persons who paid for and, when required, who authorized the
80	80	33 communication. A disclaimer does not comply with this section if the
81	81	34 disclaimer is difficult to read or if the placement of the disclaimer is
82	82	35 easily overlooked.
83	83	36 (e) In addition to meeting the requirements of subsection (d), a
84	84	37 disclaimer that appears on a printed communication described in
85	85	38 subsection (b) must comply with the following:
86	86	39 (1) The disclaimer must be of sufficient type size to be clearly
87	87	40 readable by the recipient of the communication. A disclaimer in
88	88	41 12 point type size satisfies the size requirement of this subdivision
89	89	42 when the disclaimer is used for a yard sign, a poster, a flyer, a
90	90	2025 IN 1259—LS 7216/DI 144 3
91	91	1 newspaper, a magazine, or a direct mailing.
92	92	2 (2) The disclaimer must be printed with a reasonable degree of
93	93	3 color contrast between the background and the printed statement.
94	94	4 A disclaimer satisfies the color contrast requirement of this
95	95	5 subdivision if:
96	96	6 (A) the disclaimer is printed in black text on a white
97	97	7 background; or
98	98	8 (B) the degree of color contrast between the background and
99	99	9 the text of the disclaimer is not less than the color contrast
100	100	10 between the background and the largest text used in the
101	101	11 communication.
102	102	12 Notwithstanding subdivisions (1) and (2), a disclaimer satisfies the
103	103	13 requirements of this subsection if the minimum type size of the
104	104	14 disclaimer is 7 point and the type color of the disclaimer contrasts with
105	105	15 the background color.
106	106	16 (f) A communication that would require a disclaimer if distributed
107	107	17 separately must contain the required disclaimer if included in a
108	108	18 package of materials.
109	109	19 (g) This subsection does not apply to a communication, such as a
110	110	20 billboard, that contains only a front face. The disclaimer need not
111	111	21 appear on the front or cover page of the communication if the
112	112	22 disclaimer appears within the communication.
113	113	23 (h) Except as provided in subsection (i), a communication described
114	114	24 in subsection (b) must satisfy one (1) of the following:
115	115	25 (1) If the communication is paid for and authorized by:
116	116	26 (A) a candidate;
117	117	27 (B) an authorized political committee of a candidate; or
118	118	28 (C) the committee's agents;
119	119	29 the communication must clearly state that the communication has
120	120	30 been paid for by the authorized political committee.
121	121	31 (2) If the communication is paid for by other persons but
122	122	32 authorized by:
123	123	33 (A) a candidate;
124	124	34 (B) an authorized political committee of a candidate; or
125	125	35 (C) the committee's agents;
126	126	36 the communication must clearly state that the communication is
127	127	37 paid for by the other persons and authorized by the authorized
128	128	38 political committee.
129	129	39 (3) If the communication is not authorized by:
130	130	40 (A) a candidate;
131	131	41 (B) an authorized political committee of a candidate; or
132	132	42 (C) the committee's agents;
133	133	2025 IN 1259—LS 7216/DI 144 4
134	134	1 the communication must clearly state the name of the person who
135	135	2 paid for the communication and state that the communication is
136	136	3 not authorized by any candidate or candidate's committee.
137	137	4 (4) If the communication is a solicitation directed to the general
138	138	5 public on behalf of a political committee that is not a candidate's
139	139	6 committee, the solicitation must clearly state the full name of the
140	140	7 person who paid for the communication.
141	141	8 (i) A communication by a regular party committee consisting of:
142	142	9 (1) a printed slate card, a sample ballot, or other printed listing of
143	143	10 three (3) or more candidates for public office at an election;
144	144	11 (2) campaign materials such as handbills, brochures, posters,
145	145	12 party tabloids or newsletters, and yard signs distributed by
146	146	13 volunteers and used by the regular party committee in connection
147	147	14 with volunteer activities on behalf of any nominee of the party; or
148	148	15 (3) materials distributed by volunteers as part of the regular
149	149	16 party's voter registration or get-out-the-vote efforts;
150	150	17 must clearly state the name of the person who paid for the
151	151	18 communication but is not required to state that the communication is
152	152	19 authorized by any candidate or committee.
153	153	2025 IN 1259—LS 7216/DI 144