Indiana 2025 Regular Session

Indiana House Bill HB1365 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. 1365
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5-2-30; IC 3-8; IC 3-10-2-15; IC 5-28-4-2;
7	7	IC 6-1.5-1-2; IC 33-33-49-13.1.
8	8	Synopsis: Ballot access for major and minor parties. Provides, for
9	9	purposes of certain laws, that the term "major political party" refers to:
10	10	(1) with respect to the state, any of the parties whose nominees
11	11	received more than 2,500 votes statewide for secretary of state in the
12	12	last election; or (2) with respect to a political subdivision, any of the
13	13	parties whose nominees received more than 250 votes in that political
14	14	subdivision for secretary of state in the last election. Provides that a
15	15	political party whose nominee received at least 2,500 votes but less
16	16	than 25% of the votes cast for secretary of state at the last election shall
17	17	nominate the party's candidates at a state convention and for certain
18	18	local offices at a county convention. Permits a petition of nomination
19	19	for an independent or minor political party to be signed by 250
20	20	registered voters in the election district that the candidate seeks to
21	21	represent.
22	22	Effective: July 1, 2025.
23	23	Dvorak
24	24	January 13, 2025, read first time and referred to Committee on Elections and
25	25	Apportionment.
26	26	2025 IN 1365—LS 6798/DI 149 Introduced
27	27	First Regular Session of the 124th General Assembly (2025)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2024 Regular Session of the General Assembly.
37	37	HOUSE BILL No. 1365
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	elections.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 3-5-2-30 IS AMENDED TO READ AS FOLLOWS
42	42	2 [EFFECTIVE JULY 1, 2025]: Sec. 30. (a) Except as provided in
43	43	3 subsection (b), "major political party" refers to:
44	44	4 (1) with respect to the state, either of the two (2) parties whose
45	45	5 nominees received the highest and second highest numbers of
46	46	6 votes statewide for secretary of state in the last election; or
47	47	7 (2) with respect to a political subdivision, either of the two (2)
48	48	8 parties whose nominees received the highest and second highest
49	49	9 numbers of votes in that political subdivision for secretary of state
50	50	10 in the last election.
51	51	11 (b) For purposes of IC 3-8, IC 3-10-2, IC 3-10-4, IC 3-10-6, and
52	52	12 IC 3-11-4-2, "major political party" refers to:
53	53	13 (1) with respect to the state, any of the parties whose nominees
54	54	14 received more than two thousand five hundred (2,500) votes
55	55	15 statewide for secretary of state in the last election; or
56	56	16 (2) with respect to a political subdivision, any of the parties
57	57	17 whose nominees received more than:
58	58	2025 IN 1365—LS 6798/DI 149 2
59	59	1 (A) two hundred fifty (250) votes in that political
60	60	2 subdivision for secretary of state in the last election; or
61	61	3 (B) if the total number of votes in that political subdivision
62	62	4 for secretary of state in the last election was five hundred
63	63	5 (500) or fewer, the highest and second highest numbers of
64	64	6 votes in that political subdivision for secretary of state in
65	65	7 the last election.
66	66	8 SECTION 2. IC 3-8-4-1 IS AMENDED TO READ AS FOLLOWS
67	67	9 [EFFECTIVE JULY 1, 2025]: Sec. 1. This chapter applies to each
68	68	10 political party in the state whose nominee received at least two percent
69	69	11 (2%) two thousand five hundred (2,500) votes of the total vote cast
70	70	12 for secretary of state at the last election.
71	71	13 SECTION 3. IC 3-8-4-10, AS AMENDED BY P.L.278-2019,
72	72	14 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73	73	15 JULY 1, 2025]: Sec. 10. (a) This section applies to a political party
74	74	16 whose nominee received at least two percent (2%) two thousand five
75	75	17 hundred (2,500) votes but less than ten twenty-five percent (10%)
76	76	18 (25%) of the votes cast for secretary of state at the last election for that
77	77	19 office.
78	78	20 (b) A political party subject to this section shall also nominate the
79	79	21 party's candidates for the following offices at the state convention of
80	80	22 the party:
81	81	23 (1) United States Senator.
82	82	24 (2) United States Representative.
83	83	25 (3) Governor.
84	84	26 (4) Legislative office.
85	85	27 (5) A local office listed in IC 3-8-2-5.
86	86	28 (c) A question concerning the validity of a candidate's nomination
87	87	29 under this section for a federal office or a local office listed in
88	88	30 IC 3-8-2-5 shall be determined by the commission in accordance with
89	89	31 IC 3-13-1-16.5(a).
90	90	32 SECTION 4. IC 3-8-6-3, AS AMENDED BY P.L.227-2023,
91	91	33 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
92	92	34 JULY 1, 2025]: Sec. 3. (a) A petition of nomination must be signed by
93	93	35 the lesser of:
94	94	36 (1) at least the number of voters equal to two percent (2%) of the
95	95	37 total vote cast at the last election for secretary of state in the
96	96	38 election district that the candidate seeks to represent; or
97	97	39 (2) at least two hundred fifty (250) registered voters in the
98	98	40 election district that the candidate seeks to represent.
99	99	41 (b) In determining the number of signatures required under this
100	100	42 section, any fraction in excess of a whole number must be disregarded.
101	101	2025 IN 1365—LS 6798/DI 149 3
102	102	1 (c) If an election district is included entirely within one (1) precinct,
103	103	2 and does not include the entire precinct, the petition of nomination
104	104	3 must be signed by at least five (5) voters of the election district.
105	105	4 SECTION 5. IC 3-8-7-25, AS AMENDED BY P.L.169-2015,
106	106	5 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
107	107	6 JULY 1, 2025]: Sec. 25. Each county election board shall have printed
108	108	7 on the respective general, special, or municipal election ballots the
109	109	8 names of the following candidates:
110	110	9 (1) Nominees chosen at a primary election under IC 3-10 and
111	111	10 certified as required by this chapter.
112	112	11 (2) Nominees chosen by a convention of a political party in the
113	113	12 state whose candidate received at least two percent (2%) two
114	114	13 thousand five hundred (2,500) votes of the total vote cast for
115	115	14 secretary of state at the last election and certified under section 8
116	116	15 of this chapter.
117	117	16 (3) Nominees nominated by petition under IC 3-8-6.
118	118	17 (4) Nominees selected to fill a candidate vacancy under IC 3-13-1
119	119	18 or IC 3-13-2.
120	120	19 SECTION 6. IC 3-10-2-15 IS AMENDED TO READ AS
121	121	20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) This section
122	122	21 applies to a political party whose nominee received at least two percent
123	123	22 (2%) two thousand five hundred (2,500) votes but less than ten
124	124	23 twenty-five percent (10%) (25%) of the votes cast for secretary of
125	125	24 state at the last election for that office.
126	126	25 (b) This section applies only to a local office that is:
127	127	26 (1) not listed in IC 3-8-2-5; and
128	128	27 (2) not a municipal office subject to IC 3-8-5-17 or IC 3-10-6-12.
129	129	28 (c) A political party subject to this section shall nominate the party's
130	130	29 candidate for a local office at a county convention of the party
131	131	30 conducted not later than noon on the date specified by
132	132	31 IC 3-13-1-7(a)(1) for a major political party to act to fill a candidate
133	133	32 vacancy.
134	134	33 (d) The chairman and secretary of the convention shall execute a
135	135	34 certificate of nomination in writing, setting out the following:
136	136	35 (1) The name of each nominee as:
137	137	36 (A) the nominee wants the nominee's name to appear on the
138	138	37 ballot; and
139	139	38 (B) the nominee's name is permitted to appear on the ballot
140	140	39 under IC 3-5-7.
141	141	40 (2) The residence address of each nominee.
142	142	41 (3) The office for which each nominee was nominated.
143	143	42 (4) That each nominee is legally qualified to hold office.
144	144	2025 IN 1365—LS 6798/DI 149 4
145	145	1 (5) The political party device or emblem by which the ticket will
146	146	2 be designated on the ballot.
147	147	3 Both the chairman and secretary shall acknowledge the certificate
148	148	4 before an officer authorized to take acknowledgment of deeds.
149	149	5 (e) Each candidate nominated under this section shall execute a
150	150	6 consent to the nomination in the same form as a candidate nominated
151	151	7 by petition under IC 3-8-6.
152	152	8 (f) The certificate required by subsection (d) and the consent
153	153	9 required by subsection (e) must be filed with the circuit court clerk of
154	154	10 the county containing the greatest percentage of population of the
155	155	11 election district for which the candidate has been nominated by the
156	156	12 convention not later than noon on the date specified by IC 3-13-1-15(c)
157	157	13 for a major political party to file a certificate of candidate selection.
158	158	14 (g) A candidate's consent to the nomination must include a
159	159	15 statement that the candidate requests the name on the candidate's voter
160	160	16 registration record be the same as the name the candidate uses on the
161	161	17 consent to the nomination. If there is a difference between the name on
162	162	18 the candidate's consent to the nomination and the name on the
163	163	19 candidate's voter registration record, the officer with whom the consent
164	164	20 to the nomination is filed shall forward the information to the voter
165	165	21 registration officer of the appropriate county. The voter registration
166	166	22 officer of the appropriate county shall change the name on the
167	167	23 candidate's voter registration record to be the same as the name on the
168	168	24 candidate's consent to the nomination.
169	169	25 (h) A question concerning the validity of a candidate's nomination
170	170	26 under this section shall be determined by a county election board in
171	171	27 accordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c).
172	172	28 (i) A nominee who wants to withdraw must file a notice of
173	173	29 withdrawal in accordance with IC 3-8-7-28.
174	174	30 SECTION 7. IC 5-28-4-2, AS AMENDED BY P.L.237-2017,
175	175	31 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
176	176	32 JULY 1, 2025]: Sec. 2. (a) The board is composed of the following
177	177	33 members, none of whom may be members of the general assembly:
178	178	34 (1) The governor.
179	179	35 (2) Eleven (11) individuals appointed by the governor.
180	180	36 (3) The members (if any) appointed by the governor under
181	181	37 subsection (c).
182	182	38 The individuals appointed under subdivision (2) and the individuals
183	183	39 appointed under subsection (c) must be employed in or retired from the
184	184	40 private or nonprofit sector or academia.
185	185	41 (b) When making appointments under subsection (a)(2), the
186	186	42 governor shall appoint the following:
187	187	2025 IN 1365—LS 6798/DI 149 5
188	188	1 (1) At least five (5) members belonging to the same political party
189	189	2 as the governor.
190	190	3 (2) At least three (3) members who belong to a major political
191	191	4 party (as defined in IC 3-5-2-30) IC 3-5-2-30(a)) other than the
192	192	5 party of which the governor is a member.
193	193	6 (c) In addition to the members appointed under subsection (a)(2),
194	194	7 the governor may appoint not more than three (3) additional members
195	195	8 to the board. If the governor appoints more than one (1) additional
196	196	9 member to the board under this subsection, at least one (1) of the
197	197	10 additional members must belong to a major political party (as defined
198	198	11 in IC 3-5-2-30) IC 3-5-2-30(a)) other than the party of which the
199	199	12 governor is a member.
200	200	13 SECTION 8. IC 6-1.5-1-2 IS AMENDED TO READ AS
201	201	14 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. "Major political
202	202	15 party" has the meaning set forth in IC 3-5-2-30. IC 3-5-2-30(a).
203	203	16 SECTION 9. IC 33-33-49-13.1, AS ADDED BY P.L.245-2017,
204	204	17 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
205	205	18 JULY 1, 2025]: Sec. 13.1. (a) As used in this chapter:
206	206	19 (1) "close relative" has the meaning set forth in IC 33-23-11-2;
207	207	20 and
208	208	21 (2) "committee" refers to the Marion County judicial selection
209	209	22 committee established by subsection (b).
210	210	23 (b) The Marion County judicial selection committee is established
211	211	24 to:
212	212	25 (1) select nominees for the court; and
213	213	26 (2) make recommendations to the voters concerning the retention
214	214	27 of a judge on the court.
215	215	28 (c) The committee consists of the following fourteen (14) members:
216	216	29 (1) Four (4) members who reside in Marion County, appointed as
217	217	30 follows:
218	218	31 (A) One (1) member appointed by the speaker of the house of
219	219	32 representatives.
220	220	33 (B) One (1) member appointed by the minority leader of the
221	221	34 house of representatives.
222	222	35 (C) One (1) member appointed by the president pro tempore
223	223	36 of the senate.
224	224	37 (D) One (1) member appointed by the minority leader of the
225	225	38 senate.
226	226	39 A person appointed under this subdivision may not be a member
227	227	40 of the general assembly.
228	228	41 (2) An attorney who resides in Marion County and practices
229	229	42 primarily in the area of criminal law, appointed by the president
230	230	2025 IN 1365—LS 6798/DI 149 6
231	231	1 of the Indianapolis bar association.
232	232	2 (3) An attorney who resides in Marion County and practices
233	233	3 primarily in the area of criminal law, appointed by the president
234	234	4 of the Marion County bar association.
235	235	5 (4) An attorney who resides in Marion County, appointed by the
236	236	6 president of the Indiana Trial Lawyers Association.
237	237	7 (5) An attorney who resides in Marion County, appointed by the
238	238	8 president of the Defense Trial Counsel of Indiana.
239	239	9 (6) Two (2) members appointed by the chairperson of each major
240	240	10 political party (as defined by IC 3-5-2-30(2)) IC 3-5-2-30(a)) in
241	241	11 Marion County. Each of the four (4) members appointed under
242	242	12 this subdivision must reside in Marion County and must reflect
243	243	13 the diversity and makeup of Marion County.
244	244	14 (7) The chief judge of the Indiana Court of Appeals or a designee
245	245	15 of the chief judge who is a judge of the Indiana Court of Appeals.
246	246	16 The chief judge or chief judge's designee serves as the vice
247	247	17 chairperson of the committee ex officio.
248	248	18 (8) The chief justice of Indiana or a designee of the chief justice
249	249	19 who is a justice of the Indiana Supreme Court. The chief justice
250	250	20 or chief justice's designee serves as the chairperson of the
251	251	21 committee ex officio.
252	252	22 (d) If a member of the committee is employed by a law firm, no
253	253	23 other person employed by the same law firm may be appointed to the
254	254	24 committee.
255	255	25 (e) A member of the committee may not be:
256	256	26 (1) a current or former judge of the Marion superior or circuit
257	257	27 court;
258	258	28 (2) a current or former judicial officer appointed by the Marion
259	259	29 superior or circuit court;
260	260	30 (3) a current or former employee of the Marion superior or circuit
261	261	31 court; or
262	262	32 (4) a close relative of anyone described in subdivision (1), (2), or
263	263	33 (3).
264	264	34 This subsection does not apply to a member appointed under
265	265	35 subsection (c)(7) or (c)(8).
266	266	36 (f) All attorney members of the committee must be in active and
267	267	37 good standing with the Indiana Supreme Court.
268	268	38 (g) Each member of the committee who is not an ex officio member
269	269	39 serves a four (4) year term, beginning on July 1, 2017, and ending on
270	270	40 June 30, 2021. A member of the committee may be reappointed for one
271	271	41 (1) or more additional four (4) year terms. If a member is appointed to
272	272	42 fill a vacancy, the member serves during the unexpired term of the
273	273	2025 IN 1365—LS 6798/DI 149 7
274	274	1 member's predecessor and may be reappointed for one (1) or more
275	275	2 additional four (4) year terms.
276	276	3 (h) If a vacancy exists on the committee, the appointing authority
277	277	4 who appointed the former member whose position has become vacant
278	278	5 shall appoint an individual to fill the vacancy.
279	279	6 (i) An ex officio member of the committee ceases to be a member
280	280	7 of the committee at the time the person no longer holds the office that
281	281	8 entitles the person to be a member of the committee.
282	282	9 (j) A member of the committee described in subsection (c)(1)
283	283	10 through (c)(6) who no longer resides in Marion County is considered
284	284	11 to have resigned from the committee. A member of the committee who
285	285	12 no longer resides in Marion County shall notify the chairperson in
286	286	13 writing of the member's change in residence.
287	287	14 (k) A quorum consists of nine (9) members of the committee.
288	288	15 (l) The affirmative votes of nine (9) members of the committee are
289	289	16 required for the committee to take official action with respect to any
290	290	17 candidate for judicial office.
291	291	18 (m) The committee shall:
292	292	19 (1) nominate judicial candidates for the court in accordance with
293	293	20 section 13.4 of this chapter; and
294	294	21 (2) make recommendations concerning retention in accordance
295	295	22 with section 13.7 of this chapter.
296	296	23 (n) The committee meets upon the call of the chairperson.
297	297	24 (o) The committee shall meet in the Indiana statehouse or in any
298	298	25 other appropriate location in Marion County, as determined by the
299	299	26 chairperson.
300	300	27 (p) Except as otherwise provided in subsection (q) or otherwise
301	301	28 provided in this chapter, the committee may adopt its own policies and
302	302	29 operating procedures. The policies and procedures must comply with
303	303	30 IC 5-14-1.5 (the open door law) and this chapter, and must include
304	304	31 procedures by which eligible candidates for a vacancy on the court may
305	305	32 submit their names to the committee. The policies and procedures are
306	306	33 public records, and the meetings of the committee at which the policies
307	307	34 and procedures are considered for initial adoption or amendment must
308	308	35 be publicly announced and open to the public. Applications of
309	309	36 candidates for judicial appointment are public records.
310	310	37 (q) Notwithstanding IC 5-14-1.5-2, the committee is a public agency
311	311	38 for the purposes of IC 5-14-1.5. The committee may meet in executive
312	312	39 session under IC 5-14-1.5-6.1 for the consideration of a candidate for
313	313	40 appointment to or retention on the court if:
314	314	41 (1) notice of the executive session is given in the manner
315	315	42 prescribed by IC 5-14-1.5-5; and
316	316	2025 IN 1365—LS 6798/DI 149 8
317	317	1 (2) all interviews of candidates are conducted at meetings open to
318	318	2 the public.
319	319	3 (r) Notwithstanding IC 5-14-3-4, all public records (as defined in
320	320	4 IC 5-14-3-2) of the committee are subject to IC 5-14-3-3, including
321	321	5 records described in IC 5-14-3-4(b)(12). However, the following
322	322	6 records are excepted from public inspection and copying at the
323	323	7 discretion of the committee:
324	324	8 (1) Personnel files of committee employees and members and
325	325	9 files of applicants for employment with the committee to the
326	326	10 extent permitted under IC 5-14-3-4(b)(8).
327	327	11 (2) Records specifically prepared for discussion or developed
328	328	12 during discussion in an executive session under IC 5-14-1.5-6.1,
329	329	13 unless the records are prepared for use in the consideration of a
330	330	14 candidate for retention or judicial appointment.
331	331	15 (3) Investigatory records prepared for the committee until:
332	332	16 (A) the records are considered in connection with the
333	333	17 consideration of a candidate;
334	334	18 (B) the records are publicly discussed by the committee in
335	335	19 connection with the consideration of a candidate;
336	336	20 (C) a candidate elects to have the records released by the
337	337	21 committee; or
338	338	22 (D) the committee elects to release the records that the
339	339	23 committee considers appropriate in response to publicly
340	340	24 disseminated statements relating to the activities or actions of
341	341	25 the committee;
342	342	26 whichever occurs first.
343	343	27 (4) The work product of an attorney (as defined in IC 5-14-3-2)
344	344	28 representing the committee.
345	345	29 (s) When an event described by subsection (r)(3) occurs, the
346	346	30 investigatory record becomes available for public inspection and
347	347	31 copying under IC 5-14-3-3.
348	348	32 (t) A former member of the committee may not be nominated as a
349	349	33 judge of the court if the person has served as a member of the
350	350	34 committee within the previous five (5) years.
351	351	2025 IN 1365—LS 6798/DI 149