Introduced Version
HOUSE BILL No. 1259
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-9-3-2.5.
Synopsis: Campaign communications. Requires a flag that solicits a
contribution or expressly advocates the election or defeat of a clearly
identified candidate to comply in certain circumstances with campaign
communication requirements.
Effective: July 1, 2025.
Miller K
January 9, 2025, read first time and referred to Committee on Elections and
Apportionment.
2025 IN 1259—LS 7216/DI 144 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1259
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 3-9-3-2.5, AS AMENDED BY P.L.225-2011,
2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2.5. (a) This section does not apply to any of the
4 following:
5 (1) A communication relating to an election to a federal office.
6 (2) A communication relating to the outcome of a public question.
7 (3) A communication described by this section in a medium
8 regulated by federal law to the extent that federal law regulates
9 the appearance, content, or placement of the communication in
10 the medium.
11 (4) Bumper stickers, pins, buttons, pens, and similar small items
12 upon which the disclaimer required by this section cannot be
13 conveniently printed.
14 (5) Skywriting, water towers, wearing apparel, or other means of
15 displaying an advertisement on which the inclusion of a
16 disclaimer would be impracticable.
17 (6) Checks, receipts, and similar items of minimal value that do
2025 IN 1259—LS 7216/DI 144 2
1 not contain a political message and are used for purely
2 administrative purposes.
3 (7) A communication by a political action committee organized
4 and controlled by a corporation soliciting contributions to the
5 political action committee by the stockholders, executives, or
6 employees of the corporation and the families of those
7 individuals.
8 (8) A communication by a political action committee organized
9 and controlled by a labor organization soliciting contributions to
10 the political action committee by the members or executive
11 personnel of the labor organization and the families of those
12 individuals.
13 (9) A direct mailing of one hundred (100) or less substantially
14 similar pieces of mail.
15 (b) This section applies whenever a person:
16 (1) makes an expenditure for the purpose of financing
17 communications expressly advocating the election or defeat of a
18 clearly identified candidate; or
19 (2) solicits a contribution;
20 through a newspaper, a magazine, an outdoor advertising facility, a
21 poster, a yard sign, a flag, a direct mailing, or any other type of general
22 public political advertising.
23 (c) For purposes of this section, a candidate is clearly identified if
24 any of the following apply:
25 (1) The name of the candidate involved appears.
26 (2) A photograph or drawing of the candidate appears.
27 (3) The identity of the candidate is apparent by unambiguous
28 reference.
29 (d) A communication described in subsection (b) must contain a
30 disclaimer that appears and is presented in a clear and conspicuous
31 manner to give the reader or observer adequate notice of the identity of
32 persons who paid for and, when required, who authorized the
33 communication. A disclaimer does not comply with this section if the
34 disclaimer is difficult to read or if the placement of the disclaimer is
35 easily overlooked.
36 (e) In addition to meeting the requirements of subsection (d), a
37 disclaimer that appears on a printed communication described in
38 subsection (b) must comply with the following:
39 (1) The disclaimer must be of sufficient type size to be clearly
40 readable by the recipient of the communication. A disclaimer in
41 12 point type size satisfies the size requirement of this subdivision
42 when the disclaimer is used for a yard sign, a poster, a flyer, a
2025 IN 1259—LS 7216/DI 144 3
1 newspaper, a magazine, or a direct mailing.
2 (2) The disclaimer must be printed with a reasonable degree of
3 color contrast between the background and the printed statement.
4 A disclaimer satisfies the color contrast requirement of this
5 subdivision if:
6 (A) the disclaimer is printed in black text on a white
7 background; or
8 (B) the degree of color contrast between the background and
9 the text of the disclaimer is not less than the color contrast
10 between the background and the largest text used in the
11 communication.
12 Notwithstanding subdivisions (1) and (2), a disclaimer satisfies the
13 requirements of this subsection if the minimum type size of the
14 disclaimer is 7 point and the type color of the disclaimer contrasts with
15 the background color.
16 (f) A communication that would require a disclaimer if distributed
17 separately must contain the required disclaimer if included in a
18 package of materials.
19 (g) This subsection does not apply to a communication, such as a
20 billboard, that contains only a front face. The disclaimer need not
21 appear on the front or cover page of the communication if the
22 disclaimer appears within the communication.
23 (h) Except as provided in subsection (i), a communication described
24 in subsection (b) must satisfy one (1) of the following:
25 (1) If the communication is paid for and authorized by:
26 (A) a candidate;
27 (B) an authorized political committee of a candidate; or
28 (C) the committee's agents;
29 the communication must clearly state that the communication has
30 been paid for by the authorized political committee.
31 (2) If the communication is paid for by other persons but
32 authorized by:
33 (A) a candidate;
34 (B) an authorized political committee of a candidate; or
35 (C) the committee's agents;
36 the communication must clearly state that the communication is
37 paid for by the other persons and authorized by the authorized
38 political committee.
39 (3) If the communication is not authorized by:
40 (A) a candidate;
41 (B) an authorized political committee of a candidate; or
42 (C) the committee's agents;
2025 IN 1259—LS 7216/DI 144 4
1 the communication must clearly state the name of the person who
2 paid for the communication and state that the communication is
3 not authorized by any candidate or candidate's committee.
4 (4) If the communication is a solicitation directed to the general
5 public on behalf of a political committee that is not a candidate's
6 committee, the solicitation must clearly state the full name of the
7 person who paid for the communication.
8 (i) A communication by a regular party committee consisting of:
9 (1) a printed slate card, a sample ballot, or other printed listing of
10 three (3) or more candidates for public office at an election;
11 (2) campaign materials such as handbills, brochures, posters,
12 party tabloids or newsletters, and yard signs distributed by
13 volunteers and used by the regular party committee in connection
14 with volunteer activities on behalf of any nominee of the party; or
15 (3) materials distributed by volunteers as part of the regular
16 party's voter registration or get-out-the-vote efforts;
17 must clearly state the name of the person who paid for the
18 communication but is not required to state that the communication is
19 authorized by any candidate or committee.
2025 IN 1259—LS 7216/DI 144