Indiana 2025 Regular Session

Indiana House Bill HB1467 Compare Versions

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1+*EH1467.1*
2+March 18, 2025
3+ENGROSSED
4+HOUSE BILL No. 1467
5+_____
6+DIGEST OF HB 1467 (Updated March 17, 2025 11:18 am - DI 140)
7+Citations Affected: IC 3-5; IC 3-9.
8+Synopsis: Campaign finance. Prohibits a foreign national from making
9+a contribution in connection with a public question. Prohibits a political
10+action committee from: (1) knowingly or willfully; and (2) directly or
11+indirectly; accepting a contribution or expenditure from a prohibited
12+source. Prohibits a foreign national from taking certain actions
13+concerning a public question. Specifies reporting and disclosure
14+requirements that apply to a political action committee and a person
15+who makes an independent expenditure.
16+Effective: July 1, 2025.
17+Wesco
18+(SENATE SPONSOR — GASKILL)
19+January 21, 2025, read first time and referred to Committee on Elections and
20+Apportionment.
21+February 13, 2025, amended, reported — Do Pass.
22+February 17, 2025, read second time, amended, ordered engrossed.
23+February 18, 2025, engrossed. Read third time, passed. Yeas 92, nays 4.
24+SENATE ACTION
25+March 3, 2025, read first time and referred to Committee on Elections.
26+March 17, 2025, reported favorably — Do Pass.
27+EH 1467—LS 7036/DI 51 March 18, 2025
128 First Regular Session of the 124th General Assembly (2025)
229 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
330 Constitution) is being amended, the text of the existing provision will appear in this style type,
431 additions will appear in this style type, and deletions will appear in this style type.
532 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
633 provision adopted), the text of the new provision will appear in this style type. Also, the
734 word NEW will appear in that style type in the introductory clause of each SECTION that adds
835 a new provision to the Indiana Code or the Indiana Constitution.
936 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1037 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1467
12-AN ACT to amend the Indiana Code concerning elections.
38+ENGROSSED
39+HOUSE BILL No. 1467
40+A BILL FOR AN ACT to amend the Indiana Code concerning
41+elections.
1342 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 3-5-2-15, AS AMENDED BY P.L.114-2012,
43+1 SECTION 1. IC 3-5-2-15, AS AMENDED BY P.L.114-2012,
44+2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45+3 JULY 1, 2025]: Sec. 15. (a) "Contribution" means a donation (whether
46+4 characterized as an advance, a deposit, a gift, a loan, a subscription, or
47+5 a contract or promise to make a donation) of property (as defined in
48+6 IC 35-31.5-2-253) that satisfies both of the following:
49+7 (1) The donation is made for the purpose of influencing any of the
50+8 following:
51+9 (A) The nomination or election to office of a candidate.
52+10 (B) The election of delegates to a state constitutional
53+11 convention.
54+12 (C) The outcome of a public question.
55+13 (2) The donation is accepted by any of the following:
56+14 (A) A candidate.
57+15 (B) A candidate's committee.
58+16 (C) A regular party committee.
59+17 (D) A political action committee.
60+EH 1467—LS 7036/DI 51 2
61+1 (E) A legislative caucus committee.
62+2 (b) Whenever:
63+3 (1) funds are transferred from one (1) committee to another; or
64+4 (2) a donation of funds to influence an election on a public
65+5 question is accepted as a contribution;
66+6 the accepting committee is considered to be receiving a contribution in
67+7 the amount of the funds transferred.
68+8 (c) Whenever a candidate or a committee accepts the personal
69+9 services of a person whose compensation is being paid by a third
70+10 person, the candidate or committee is considered to be receiving a
71+11 contribution from the third person in the amount of the compensation
72+12 paid.
73+13 (d) This subsection does not apply to a contribution described in
74+14 IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a candidate
75+15 or a committee accepts the personal services of a volunteer who is not
76+16 being compensated, the candidate or committee is not considered to be
77+17 receiving a contribution.
78+18 (e) This subsection does not apply to a contribution described in
79+19 IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a political
80+20 action committee accepts a donation of:
81+21 (1) rent;
82+22 (2) office expenses;
83+23 (3) management fees;
84+24 (4) costs of solicitations of contributions; or
85+25 (5) other administrative costs;
86+26 the committee is not considered to be receiving a contribution.
87+27 SECTION 2. IC 3-5-2-25.5 IS ADDED TO THE INDIANA CODE
88+28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
89+29 1, 2025]: Sec. 25.5. For purposes of IC 3-9-2-11.5, "foreign
90+30 national" has the meaning set forth in 52 U.S.C. 30121(b).
91+31 SECTION 3. IC 3-5-2-27.1 IS ADDED TO THE INDIANA CODE
92+32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
93+33 1, 2025]: Sec. 27.1. "Independent expenditure" means an
94+34 expenditure by a person expressly advocating the approval or
95+35 rejection of a public question.
96+36 SECTION 4. IC 3-5-2-40.2 IS ADDED TO THE INDIANA CODE
97+37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
98+38 1, 2025]: Sec. 40.2. For purposes of IC 3-9-2-11.5, "preliminary
99+39 activity" includes conducting a poll, drafting language for a public
100+40 question, the planning and use of a focus group, a telephone call, or
101+41 engaging in travel.
102+42 SECTION 5. IC 3-5-2-40.4 IS ADDED TO THE INDIANA CODE
103+EH 1467—LS 7036/DI 51 3
104+1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
105+2 1, 2025]: Sec. 40.4. "Prohibited source" is a foreign national.
106+3 SECTION 6. IC 3-9-1-4, AS AMENDED BY P.L.169-2015,
107+4 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108+5 JULY 1, 2025]: Sec. 4. A committee must include in its statement of
109+6 organization the following:
110+7 (1) The name and address of the committee.
111+8 (2) The purpose for which the committee is formed, unless the
112+9 committee is a candidate's committee that identifies a specific
113+10 office sought by the candidate.
114+11 (3) The name and address of the chairman and treasurer.
115+12 (4) If applicable, the name, address, office sought, and political
116+13 party affiliation or independent status of each candidate whom the
117+14 committee is supporting.
118+15 (5) If the committee is a legislative caucus committee, political
119+16 action committee, or regular party committee and is supporting
120+17 the entire ticket of a political party, the name of the party.
121+18 (6) If the committee is a political action committee supporting or
122+19 opposing a public question, the following:
123+20 (A) A brief statement of the question supported or opposed.
124+21 (B) A certification that no preliminary activity occurring
125+22 before the filing of the statement was funded by a
126+23 prohibited source.
127+24 (7) A listing of all banks, safety deposit boxes, and other
128+25 depositories used.
129+26 (8) Other information prescribed by the election division under
130+27 IC 3-6-4.2-12(8).
131+28 SECTION 7. IC 3-9-1-24 IS AMENDED TO READ AS FOLLOWS
132+29 [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) Except as provided in
133+30 subsection (b), the treasurer of a committee shall obtain and keep
134+31 receipted bills, cancelled checks, or other proof of payment, stating the
135+32 particulars for each expenditure made by or on behalf of a committee:
136+33 (1) of more than twenty-five dollars ($25); and
137+34 (2) for a smaller amount, if the aggregate amount of the
138+35 expenditures to the same person during a year exceeds
139+36 twenty-five dollars ($25).
140+37 (b) This subsection applies to a:
141+38 (1) political action committee that makes a contribution or
142+39 expenditure; and
143+40 (2) person who makes an independent expenditure;
144+41 to influence an election on a public question. The treasurer of a
145+42 political action committee or a person who makes an independent
146+EH 1467—LS 7036/DI 51 4
147+1 expenditure shall obtain and keep receipted bills, cancelled checks,
148+2 or other proof of payment, stating the particulars for each
149+3 expenditure made by or on behalf of a committee or person.
150+4 (b) (c) The treasurer or a person who makes an independent
151+5 expenditure shall preserve all receipted bills and accounts required to
152+6 be kept by this section for:
153+7 (1) three (3) years; or
154+8 (2) one (1) year after the date of dissolution of the committee;
155+9 whichever occurs first.
156+10 SECTION 8. IC 3-9-1-25 IS AMENDED TO READ AS FOLLOWS
157+11 [EFFECTIVE JULY 1, 2025]: Sec. 25. (a) A member of a committee
158+12 that has appointed a treasurer in accordance with this chapter may
159+13 solicit or receive contributions as long as the member immediately
160+14 turns over the contributions without diminution to the treasurer of the
161+15 committee, to be disbursed and accounted for by the treasurer as
162+16 provided by this article. The treasurer shall show, in the treasurer's
163+17 account and statement and in addition to the requirements of IC 3-9-5,
164+18 through what member of the committee any contributions were
165+19 received.
166+20 (b) A contribution is considered to be received and accepted by a
167+21 committee when any member of the committee:
168+22 (1) has physical possession of the contribution; and
169+23 (2) manifests an intent to keep the contribution by depositing the
170+24 contribution, subject to IC 3-9-5-14(c).
171+25 (c) A treasurer of a political action committee shall, before
172+26 accepting a contribution to influence an election on a public
173+27 question, obtain from the person offering the contribution an
174+28 affirmation that the person:
175+29 (1) is not a foreign national; and
176+30 (2) has not knowingly or willfully accepted contributions:
177+31 (A) that exceed, in the aggregate, fifty thousand dollars
178+32 ($50,000);
179+33 (B) from one (1) or more prohibited sources; and
180+34 (C) within the four (4) years preceding the date the
181+35 contribution is offered by the person.
182+36 SECTION 9. IC 3-9-2-11, AS AMENDED BY P.L.128-2015,
183+37 SECTION 146, IS AMENDED TO READ AS FOLLOWS
184+38 [EFFECTIVE JULY 1, 2025]: Sec. 11. A foreign national (as defined
185+39 in 52 U.S.C. 30121(b)) may not make a contribution in connection
186+40 with:
187+41 (1) an election;
188+42 (2) a convention; or
189+EH 1467—LS 7036/DI 51 5
190+1 (3) a caucus in which a candidate is selected; or
191+2 (4) a public question;
192+3 under this title.
193+4 SECTION 10. IC 3-9-2-11.5 IS ADDED TO THE INDIANA CODE
194+5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
195+6 1, 2025]: Sec. 11.5. (a) A political action committee may not:
196+7 (1) knowingly or willfully; and
197+8 (2) directly or indirectly;
198+9 accept a contribution or expenditure from a prohibited source.
199+10 (b) A foreign national may not direct, dictate, or control the
200+11 decision-making process of a person with regard to that person's
201+12 activity to influence a public question, such as a decision to make
202+13 a contribution or expenditure to influence an election on a public
203+14 question.
204+15 (c) A foreign national may not directly or indirectly solicit the
205+16 making of a contribution or expenditure by another person to
206+17 influence an election on a public question.
207+18 (d) This section does not create or eliminate a right or duty of a
208+19 person regarding disclosure of information regarding a
209+20 contribution or expenditure under this article.
210+21 SECTION 11. IC 3-9-5-14 IS AMENDED TO READ AS
211+22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) As used in this
212+23 section, "threshold contribution amount" refers to the following:
213+24 (1) For contributions made to a candidate's committee, a
214+25 legislative caucus committee, or a political action committee, one
215+26 hundred dollars ($100).
216+27 (2) For contributions made to a regular party committee, two
217+28 hundred dollars ($200).
218+29 (b) The report of each committee's treasurer must disclose the
219+30 following:
220+31 (1) The amount of cash on hand and the value of any investments
221+32 made by the committee at the beginning of the reporting period.
222+33 (2) The total sum of individual contributions including
223+34 transfers-in, accepted by the committee during its reporting
224+35 period.
225+36 (3) The following information regarding each person who has
226+37 made one (1) or more contributions within the year, in an
227+38 aggregate amount that exceeds the threshold contribution amount
228+39 in actual value to or for the committee, including the purchase of
229+40 tickets for events such as dinners, luncheons, rallies, and similar
230+41 fundraising events:
231+42 (A) The full name of the person.
232+EH 1467—LS 7036/DI 51 6
233+1 (B) The full mailing address of the person making the
234+2 contribution.
235+3 (C) The person's occupation, if the person is an individual who
236+4 has made contributions to the committee of at least one
237+5 thousand dollars ($1,000) during the calendar year.
238+6 (D) The date and amount of each contribution.
239+7 (4) The name and address of each committee from which the
240+8 reporting committee received, or to which that committee made,
241+9 a transfer of funds, together with the amounts and dates of all
242+10 transfers.
243+11 (5) If the reporting committee is a candidate's committee, the
244+12 following information about each other committee that has
245+13 reported expenditures to the reporting candidate's committee
246+14 under section 15 of this chapter:
247+15 (A) The name and address of the other committee.
248+16 (B) The amount of expenditures reported by the other
249+17 committee.
250+18 (C) The date of the expenditures reported by the other
251+19 committee.
252+20 (D) The purpose of the expenditures reported by the other
253+21 committee.
254+22 (6) Each loan to or from a person within the reporting period
255+23 together with the following information:
256+24 (A) The full names and mailing addresses of the lender and
257+25 endorsers, if any.
258+26 (B) The person's occupation, if the person is an individual who
259+27 has made loans of at least one thousand dollars ($1,000) to the
260+28 committee during the calendar year.
261+29 (C) The date and amount of the loans.
262+30 (7) The total sum of all receipts of the committee during the
263+31 reporting period.
264+32 (8) The full name, mailing address, occupation, and principal
265+33 place of business, if any, of each person other than a committee
266+34 to whom an expenditure was made by the committee or on behalf
267+35 of the committee within the year in an aggregate amount that:
268+36 (A) exceeds one hundred dollars ($100), in the case of a
269+37 candidate's committee, legislative caucus committee, or
270+38 political action committee; or
271+39 (B) exceeds two hundred dollars ($200), in the case of a
272+40 regular party committee.
273+41 (9) The name, address, and office sought by each candidate for
274+42 whom any expenditure was made or a statement identifying the
275+EH 1467—LS 7036/DI 51 7
276+1 public question for which any expenditure was made, including
277+2 the amount, date, and purpose of each expenditure.
278+3 (10) The full name, mailing address, occupation, and principal
279+4 place of business, if any, of each person to whom an expenditure
280+5 for personal services, salaries, or reimbursed expenses was made
281+6 within the year in an aggregate amount that:
282+7 (A) exceeds one hundred dollars ($100), in the case of a
283+8 candidate's committee, legislative caucus committee, or
284+9 political action committee; or
285+10 (B) exceeds two hundred dollars ($200), in the case of a
286+11 regular party committee;
287+12 and that is not otherwise reported, including the amount, date, and
288+13 purpose of the expenditure.
289+14 (11) The total sum of expenditures made by the committee during
290+15 the reporting period.
291+16 (12) The amount and nature of debts owed by or to the committee,
292+17 and a continuous reporting of the debts after the election at the
293+18 times required under this article until the debts are extinguished.
294+19 (c) If a committee:
295+20 (1) obtains a contribution;
296+21 (2) determines that the contribution should not be accepted by the
297+22 committee; and
298+23 (3) does not receive and accept the contribution under
299+24 IC 3-9-1-25(b);
300+25 the committee must return the contribution to the person who made the
301+26 contribution. A returned contribution is not required to be listed on the
302+27 report of the committee's treasurer. However, if the committee receives
303+28 and deposits the contribution under IC 3-9-1-25(b) and subsequently
304+29 determines that the contribution should be refunded, the receipt and
305+30 refund of the contribution must be listed on the report of the
306+31 committee's treasurer.
307+32 (d) A report filed by the treasurer of a political action
308+33 committee under subsection (b) must include an affirmation by the
309+34 treasurer that the person making a contribution of any amount:
310+35 (1) is not a foreign national; and
311+36 (2) has not knowingly or willfully received, solicited, or
312+37 accepted, whether directly or indirectly, contributions or
313+38 expenditures:
314+39 (A) from prohibited sources;
315+40 (B) that exceed, in the aggregate, fifty thousand dollars
316+41 ($50,000); and
317+42 (C) within the four (4) years immediately preceding the
318+EH 1467—LS 7036/DI 51 8
319+1 date the contribution is made.
320+2 SECTION 12. IC 3-9-5-18 IS AMENDED TO READ AS
321+3 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. (a) Each candidate
322+4 shall file a statement that the candidate has turned over all
323+5 contributions received by the candidate to the treasurer of the
324+6 candidate's principal committee and that to the best of the candidate's
325+7 knowledge and belief the reports of the candidate's committee are
326+8 complete and accurate.
327+9 (b) Each political action committee shall file a statement with
328+10 each report required under this chapter affirming that the
329+11 committee has not knowingly or willfully received, solicited, or
330+12 accepted a contribution or an expenditure from a prohibited
331+13 source.
332+14 SECTION 13. IC 3-9-9 IS ADDED TO THE INDIANA CODE AS
333+15 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
334+16 1, 2025]:
335+17 Chapter 9. Independent Expenditures.
336+18 Sec. 1. A person making an independent expenditure:
337+19 (1) that exceeds five thousand dollars ($5,000); and
338+20 (2) regarding a public question;
339+21 shall, not later than forty-eight (48) hours after making the
340+22 expenditure, file a report, using a form prescribed under
341+23 IC 3-5-4-8, with the office required to receive reports under
342+24 IC 3-9-5.
343+25 Sec. 2. The report filed under section 1 of this chapter must
344+26 certify and affirm the following:
345+27 (1) The person has not knowingly or willfully received,
346+28 solicited, or accepted, whether directly or indirectly,
347+29 contributions or expenditures:
348+30 (A) from prohibited sources;
349+31 (B) that exceed, in the aggregate, fifty thousand dollars
350+32 ($50,000); and
351+33 (C) within the four (4) year period immediately preceding
352+34 the date of the independent expenditure.
353+35 (2) The person will not receive contributions or expenditures
354+36 in the manner described in subdivision (1) during the
355+37 remainder of the calendar year in which the public question
356+38 will appear on the ballot.
357+39 Sec. 3. A determination by the commission or a county election
358+40 board that a person who has filed a certification under section 2 of
359+41 this chapter has accepted funds:
360+42 (1) from a prohibited source;
361+EH 1467—LS 7036/DI 51 9
362+1 (2) in excess of the amount set forth in section 2 of this
363+2 chapter; and
364+3 (3) during the period described in section 2 of this chapter;
365+4 creates a presumption that the person has violated section 2 of this
366+5 chapter.
367+EH 1467—LS 7036/DI 51 10
368+COMMITTEE REPORT
369+Mr. Speaker: Your Committee on Elections and Apportionment, to
370+which was referred House Bill 1467, has had the same under
371+consideration and begs leave to report the same back to the House with
372+the recommendation that said bill be amended as follows:
373+Page 1, between the enacting clause and line 1, begin a new
374+paragraph and insert:
375+"SECTION 1. IC 3-5-2-15, AS AMENDED BY P.L.114-2012,
15376 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16377 JULY 1, 2025]: Sec. 15. (a) "Contribution" means a donation (whether
17378 characterized as an advance, a deposit, a gift, a loan, a subscription, or
18379 a contract or promise to make a donation) of property (as defined in
19380 IC 35-31.5-2-253) that satisfies both of the following:
20381 (1) The donation is made for the purpose of influencing any of the
21382 following:
22383 (A) The nomination or election to office of a candidate.
23384 (B) The election of delegates to a state constitutional
24385 convention.
25386 (C) The outcome of a public question.
26387 (2) The donation is accepted by any of the following:
27388 (A) A candidate.
28389 (B) A candidate's committee.
29390 (C) A regular party committee.
30391 (D) A political action committee.
31392 (E) A legislative caucus committee.
32393 (b) Whenever:
33394 (1) funds are transferred from one (1) committee to another; or
34395 (2) a donation of funds to influence an election on a public
35396 question is accepted as a contribution;
36-HEA 1467 2
37397 the accepting committee is considered to be receiving a contribution in
38398 the amount of the funds transferred.
39399 (c) Whenever a candidate or a committee accepts the personal
40400 services of a person whose compensation is being paid by a third
41401 person, the candidate or committee is considered to be receiving a
42402 contribution from the third person in the amount of the compensation
43403 paid.
44404 (d) This subsection does not apply to a contribution described in
45405 IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a candidate
46406 or a committee accepts the personal services of a volunteer who is not
47407 being compensated, the candidate or committee is not considered to be
48408 receiving a contribution.
409+EH 1467—LS 7036/DI 51 11
49410 (e) This subsection does not apply to a contribution described in
50411 IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a political
51412 action committee accepts a donation of:
52413 (1) rent;
53414 (2) office expenses;
54415 (3) management fees;
55416 (4) costs of solicitations of contributions; or
56417 (5) other administrative costs;
57418 the committee is not considered to be receiving a contribution.
58419 SECTION 2. IC 3-5-2-25.5 IS ADDED TO THE INDIANA CODE
59420 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
60421 1, 2025]: Sec. 25.5. For purposes of IC 3-9-2-11.5, "foreign
61422 national" has the meaning set forth in 52 U.S.C. 30121(b).
62423 SECTION 3. IC 3-5-2-27.1 IS ADDED TO THE INDIANA CODE
63424 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
64425 1, 2025]: Sec. 27.1. "Independent expenditure" means an
65426 expenditure by a person expressly advocating the approval or
66427 rejection of a public question.
67428 SECTION 4. IC 3-5-2-40.2 IS ADDED TO THE INDIANA CODE
68429 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
69430 1, 2025]: Sec. 40.2. For purposes of IC 3-9-2-11.5, "preliminary
70431 activity" includes conducting a poll, drafting language for a public
71432 question, the planning and use of a focus group, a telephone call, or
72433 engaging in travel.
73434 SECTION 5. IC 3-5-2-40.4 IS ADDED TO THE INDIANA CODE
74435 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
75436 1, 2025]: Sec. 40.4. "Prohibited source" is a foreign national.
76437 SECTION 6. IC 3-9-1-4, AS AMENDED BY P.L.169-2015,
77438 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
78439 JULY 1, 2025]: Sec. 4. A committee must include in its statement of
79-HEA 1467 3
80440 organization the following:
81441 (1) The name and address of the committee.
82442 (2) The purpose for which the committee is formed, unless the
83443 committee is a candidate's committee that identifies a specific
84444 office sought by the candidate.
85445 (3) The name and address of the chairman and treasurer.
86446 (4) If applicable, the name, address, office sought, and political
87447 party affiliation or independent status of each candidate whom the
88448 committee is supporting.
89449 (5) If the committee is a legislative caucus committee, political
90450 action committee, or regular party committee and is supporting
91451 the entire ticket of a political party, the name of the party.
452+EH 1467—LS 7036/DI 51 12
92453 (6) If the committee is a political action committee supporting or
93454 opposing a public question, the following:
94455 (A) A brief statement of the question supported or opposed.
95456 (B) A certification that no preliminary activity occurring
96457 before the filing of the statement was funded by a
97458 prohibited source.
98459 (7) A listing of all banks, safety deposit boxes, and other
99460 depositories used.
100461 (8) Other information prescribed by the election division under
101462 IC 3-6-4.2-12(8).
102463 SECTION 7. IC 3-9-1-24 IS AMENDED TO READ AS FOLLOWS
103464 [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) Except as provided in
104465 subsection (b), the treasurer of a committee shall obtain and keep
105466 receipted bills, cancelled checks, or other proof of payment, stating the
106467 particulars for each expenditure made by or on behalf of a committee:
107468 (1) of more than twenty-five dollars ($25); and
108469 (2) for a smaller amount, if the aggregate amount of the
109470 expenditures to the same person during a year exceeds
110471 twenty-five dollars ($25).
111472 (b) This subsection applies to a:
112473 (1) political action committee that makes a contribution or
113474 expenditure; and
114475 (2) person who makes an independent expenditure;
115476 to influence an election on a public question. The treasurer of a
116477 political action committee or a person who makes an independent
117478 expenditure shall obtain and keep receipted bills, cancelled checks,
118479 or other proof of payment, stating the particulars for each
119480 expenditure made by or on behalf of a committee or person.
120481 (b) (c) The treasurer or a person who makes an independent
121482 expenditure shall preserve all receipted bills and accounts required to
122-HEA 1467 4
123483 be kept by this section for:
124484 (1) three (3) years; or
125485 (2) one (1) year after the date of dissolution of the committee;
126486 whichever occurs first.
127487 SECTION 8. IC 3-9-1-25 IS AMENDED TO READ AS FOLLOWS
128488 [EFFECTIVE JULY 1, 2025]: Sec. 25. (a) A member of a committee
129489 that has appointed a treasurer in accordance with this chapter may
130490 solicit or receive contributions as long as the member immediately
131491 turns over the contributions without diminution to the treasurer of the
132492 committee, to be disbursed and accounted for by the treasurer as
133493 provided by this article. The treasurer shall show, in the treasurer's
134494 account and statement and in addition to the requirements of IC 3-9-5,
495+EH 1467—LS 7036/DI 51 13
135496 through what member of the committee any contributions were
136497 received.
137498 (b) A contribution is considered to be received and accepted by a
138499 committee when any member of the committee:
139500 (1) has physical possession of the contribution; and
140501 (2) manifests an intent to keep the contribution by depositing the
141502 contribution, subject to IC 3-9-5-14(c).
142503 (c) A treasurer of a political action committee shall, before
143504 accepting a contribution to influence an election on a public
144505 question, obtain from the person offering the contribution an
145506 affirmation that the person:
146507 (1) is not a foreign national; and
147508 (2) has not knowingly or willfully accepted contributions:
148-(A) that exceed, in the aggregate, fifty thousand dollars
149-($50,000);
509+(A) that exceed, in the aggregate, one hundred thousand
510+dollars ($100,000);
150511 (B) from one (1) or more prohibited sources; and
151512 (C) within the four (4) years preceding the date the
152-contribution is offered by the person.
153-SECTION 9. IC 3-9-2-11, AS AMENDED BY P.L.128-2015,
154-SECTION 146, IS AMENDED TO READ AS FOLLOWS
155-[EFFECTIVE JULY 1, 2025]: Sec. 11. A foreign national (as defined
156-in 52 U.S.C. 30121(b)) may not make a contribution in connection
157-with:
158-(1) an election;
159-(2) a convention; or
160-(3) a caucus in which a candidate is selected; or
161-(4) a public question;
162-under this title.
163-SECTION 10. IC 3-9-2-11.5 IS ADDED TO THE INDIANA CODE
164-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
165-HEA 1467 5
166-1, 2025]: Sec. 11.5. (a) A political action committee may not:
513+contribution is offered by the person.".
514+Page 1, after line 10, begin a new paragraph and insert:
515+"SECTION 10. IC 3-9-2-11.5 IS ADDED TO THE INDIANA
516+CODE AS A NEW SECTION TO READ AS FOLLOWS
517+[EFFECTIVE JULY 1, 2025]: Sec. 11.5. (a) A political action
518+committee may not:
167519 (1) knowingly or willfully; and
168520 (2) directly or indirectly;
169521 accept a contribution or expenditure from a prohibited source.
170522 (b) A foreign national may not direct, dictate, or control the
171523 decision-making process of a person with regard to that person's
172524 activity to influence a public question, such as a decision to make
173525 a contribution or expenditure to influence an election on a public
174526 question.
175527 (c) A foreign national may not directly or indirectly solicit the
176528 making of a contribution or expenditure by another person to
177529 influence an election on a public question.
178530 (d) This section does not create or eliminate a right or duty of a
179531 person regarding disclosure of information regarding a
180532 contribution or expenditure under this article.
181533 SECTION 11. IC 3-9-5-14 IS AMENDED TO READ AS
182534 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) As used in this
183535 section, "threshold contribution amount" refers to the following:
184536 (1) For contributions made to a candidate's committee, a
185537 legislative caucus committee, or a political action committee, one
538+EH 1467—LS 7036/DI 51 14
186539 hundred dollars ($100).
187540 (2) For contributions made to a regular party committee, two
188541 hundred dollars ($200).
189542 (b) The report of each committee's treasurer must disclose the
190543 following:
191544 (1) The amount of cash on hand and the value of any investments
192545 made by the committee at the beginning of the reporting period.
193546 (2) The total sum of individual contributions including
194547 transfers-in, accepted by the committee during its reporting
195548 period.
196549 (3) The following information regarding each person who has
197550 made one (1) or more contributions within the year, in an
198551 aggregate amount that exceeds the threshold contribution amount
199552 in actual value to or for the committee, including the purchase of
200553 tickets for events such as dinners, luncheons, rallies, and similar
201554 fundraising events:
202555 (A) The full name of the person.
203556 (B) The full mailing address of the person making the
204557 contribution.
205558 (C) The person's occupation, if the person is an individual who
206559 has made contributions to the committee of at least one
207560 thousand dollars ($1,000) during the calendar year.
208-HEA 1467 6
209561 (D) The date and amount of each contribution.
210562 (4) The name and address of each committee from which the
211563 reporting committee received, or to which that committee made,
212564 a transfer of funds, together with the amounts and dates of all
213565 transfers.
214566 (5) If the reporting committee is a candidate's committee, the
215567 following information about each other committee that has
216568 reported expenditures to the reporting candidate's committee
217569 under section 15 of this chapter:
218570 (A) The name and address of the other committee.
219571 (B) The amount of expenditures reported by the other
220572 committee.
221573 (C) The date of the expenditures reported by the other
222574 committee.
223575 (D) The purpose of the expenditures reported by the other
224576 committee.
225577 (6) Each loan to or from a person within the reporting period
226578 together with the following information:
227579 (A) The full names and mailing addresses of the lender and
228580 endorsers, if any.
581+EH 1467—LS 7036/DI 51 15
229582 (B) The person's occupation, if the person is an individual who
230583 has made loans of at least one thousand dollars ($1,000) to the
231584 committee during the calendar year.
232585 (C) The date and amount of the loans.
233586 (7) The total sum of all receipts of the committee during the
234587 reporting period.
235588 (8) The full name, mailing address, occupation, and principal
236589 place of business, if any, of each person other than a committee
237590 to whom an expenditure was made by the committee or on behalf
238591 of the committee within the year in an aggregate amount that:
239592 (A) exceeds one hundred dollars ($100), in the case of a
240593 candidate's committee, legislative caucus committee, or
241594 political action committee; or
242595 (B) exceeds two hundred dollars ($200), in the case of a
243596 regular party committee.
244597 (9) The name, address, and office sought by each candidate for
245598 whom any expenditure was made or a statement identifying the
246599 public question for which any expenditure was made, including
247600 the amount, date, and purpose of each expenditure.
248601 (10) The full name, mailing address, occupation, and principal
249602 place of business, if any, of each person to whom an expenditure
250603 for personal services, salaries, or reimbursed expenses was made
251-HEA 1467 7
252604 within the year in an aggregate amount that:
253605 (A) exceeds one hundred dollars ($100), in the case of a
254606 candidate's committee, legislative caucus committee, or
255607 political action committee; or
256608 (B) exceeds two hundred dollars ($200), in the case of a
257609 regular party committee;
258610 and that is not otherwise reported, including the amount, date, and
259611 purpose of the expenditure.
260612 (11) The total sum of expenditures made by the committee during
261613 the reporting period.
262614 (12) The amount and nature of debts owed by or to the committee,
263615 and a continuous reporting of the debts after the election at the
264616 times required under this article until the debts are extinguished.
265617 (c) If a committee:
266618 (1) obtains a contribution;
267619 (2) determines that the contribution should not be accepted by the
268620 committee; and
269621 (3) does not receive and accept the contribution under
270622 IC 3-9-1-25(b);
271623 the committee must return the contribution to the person who made the
624+EH 1467—LS 7036/DI 51 16
272625 contribution. A returned contribution is not required to be listed on the
273626 report of the committee's treasurer. However, if the committee receives
274627 and deposits the contribution under IC 3-9-1-25(b) and subsequently
275628 determines that the contribution should be refunded, the receipt and
276629 refund of the contribution must be listed on the report of the
277630 committee's treasurer.
278631 (d) A report filed by the treasurer of a political action
279632 committee under subsection (b) must include an affirmation by the
280633 treasurer that the person making a contribution of any amount:
281634 (1) is not a foreign national; and
282635 (2) has not knowingly or willfully received, solicited, or
283636 accepted, whether directly or indirectly, contributions or
284637 expenditures:
285638 (A) from prohibited sources;
286-(B) that exceed, in the aggregate, fifty thousand dollars
287-($50,000); and
639+(B) that exceed, in the aggregate, one hundred thousand
640+dollars ($100,000); and
288641 (C) within the four (4) years immediately preceding the
289642 date the contribution is made.
290643 SECTION 12. IC 3-9-5-18 IS AMENDED TO READ AS
291644 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. (a) Each candidate
292645 shall file a statement that the candidate has turned over all
293646 contributions received by the candidate to the treasurer of the
294-HEA 1467 8
295647 candidate's principal committee and that to the best of the candidate's
296648 knowledge and belief the reports of the candidate's committee are
297649 complete and accurate.
298650 (b) Each political action committee shall file a statement with
299651 each report required under this chapter affirming that the
300652 committee has not knowingly or willfully received, solicited, or
301653 accepted a contribution or an expenditure from a prohibited
302654 source.
303655 SECTION 13. IC 3-9-9 IS ADDED TO THE INDIANA CODE AS
304656 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
305657 1, 2025]:
306-Chapter 9. Independent Expenditures
658+Chapter 9. Independent Expenditures.
307659 Sec. 1. A person making an independent expenditure:
308660 (1) that exceeds five thousand dollars ($5,000); and
309661 (2) regarding a public question;
310662 shall, not later than forty-eight (48) hours after making the
311663 expenditure, file a report, using a form prescribed under
312664 IC 3-5-4-8, with the office required to receive reports under
313665 IC 3-9-5.
314666 Sec. 2. The report filed under section 1 of this chapter must
667+EH 1467—LS 7036/DI 51 17
315668 certify and affirm the following:
316669 (1) The person has not knowingly or willfully received,
317670 solicited, or accepted, whether directly or indirectly,
318671 contributions or expenditures:
319672 (A) from prohibited sources;
320-(B) that exceed, in the aggregate, fifty thousand dollars
321-($50,000); and
673+(B) that exceed, in the aggregate, one hundred thousand
674+dollars ($100,000); and
322675 (C) within the four (4) year period immediately preceding
323676 the date of the independent expenditure.
324677 (2) The person will not receive contributions or expenditures
325678 in the manner described in subdivision (1) during the
326679 remainder of the calendar year in which the public question
327680 will appear on the ballot.
328681 Sec. 3. A determination by the commission or a county election
329682 board that a person who has filed a certification under section 2 of
330683 this chapter has accepted funds:
331684 (1) from a prohibited source;
332685 (2) in excess of the amount set forth in section 2 of this
333686 chapter; and
334687 (3) during the period described in section 2 of this chapter;
335688 creates a presumption that the person has violated section 2 of this
336-chapter.
337-HEA 1467 Speaker of the House of Representatives
338-President of the Senate
339-President Pro Tempore
340-Governor of the State of Indiana
341-Date: Time:
342-HEA 1467
689+chapter.".
690+Renumber all SECTIONS consecutively.
691+and when so amended that said bill do pass.
692+(Reference is to HB 1467 as introduced.)
693+WESCO
694+Committee Vote: yeas 12, nays 1.
695+_____
696+HOUSE MOTION
697+Mr. Speaker: I move that House Bill 1467 be amended to read as
698+follows:
699+Page 4, line 31, delete "one hundred" and insert "fifty".
700+Page 4, line 32, delete "($100,000);" and insert "($50,000);".
701+Page 7, line 40, delete "one hundred" and insert "fifty".
702+Page 7, line 41, delete "($100,000);" and insert "($50,000);".
703+Page 8, line 31, delete "one hundred" and insert "fifty".
704+EH 1467—LS 7036/DI 51 18
705+Page 8, line 32, delete "($100,000);" and insert "($50,000);".
706+(Reference is to HB 1467 as printed February 13, 2025.)
707+BOY
708+_____
709+COMMITTEE REPORT
710+Mr. President: The Senate Committee on Elections, to which was
711+referred House Bill No. 1467, has had the same under consideration
712+and begs leave to report the same back to the Senate with the
713+recommendation that said bill DO PASS.
714+ (Reference is to HB 1467 as reprinted February 18, 2025.)
715+
716+GASKILL, Chairperson
717+Committee Vote: Yeas 8, Nays 0
718+EH 1467—LS 7036/DI 51