Old | New | Differences | |
---|---|---|---|
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 | |
1 | 28 | First Regular Session of the 124th General Assembly (2025) | |
2 | 29 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
3 | 30 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
4 | 31 | additions will appear in this style type, and deletions will appear in this style type. | |
5 | 32 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
6 | 33 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
7 | 34 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
8 | 35 | a new provision to the Indiana Code or the Indiana Constitution. | |
9 | 36 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
10 | 37 | 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. | |
13 | 42 | 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, | |
15 | 376 | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
16 | 377 | JULY 1, 2025]: Sec. 15. (a) "Contribution" means a donation (whether | |
17 | 378 | characterized as an advance, a deposit, a gift, a loan, a subscription, or | |
18 | 379 | a contract or promise to make a donation) of property (as defined in | |
19 | 380 | IC 35-31.5-2-253) that satisfies both of the following: | |
20 | 381 | (1) The donation is made for the purpose of influencing any of the | |
21 | 382 | following: | |
22 | 383 | (A) The nomination or election to office of a candidate. | |
23 | 384 | (B) The election of delegates to a state constitutional | |
24 | 385 | convention. | |
25 | 386 | (C) The outcome of a public question. | |
26 | 387 | (2) The donation is accepted by any of the following: | |
27 | 388 | (A) A candidate. | |
28 | 389 | (B) A candidate's committee. | |
29 | 390 | (C) A regular party committee. | |
30 | 391 | (D) A political action committee. | |
31 | 392 | (E) A legislative caucus committee. | |
32 | 393 | (b) Whenever: | |
33 | 394 | (1) funds are transferred from one (1) committee to another; or | |
34 | 395 | (2) a donation of funds to influence an election on a public | |
35 | 396 | question is accepted as a contribution; | |
36 | - | HEA 1467 2 | |
37 | 397 | the accepting committee is considered to be receiving a contribution in | |
38 | 398 | the amount of the funds transferred. | |
39 | 399 | (c) Whenever a candidate or a committee accepts the personal | |
40 | 400 | services of a person whose compensation is being paid by a third | |
41 | 401 | person, the candidate or committee is considered to be receiving a | |
42 | 402 | contribution from the third person in the amount of the compensation | |
43 | 403 | paid. | |
44 | 404 | (d) This subsection does not apply to a contribution described in | |
45 | 405 | IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a candidate | |
46 | 406 | or a committee accepts the personal services of a volunteer who is not | |
47 | 407 | being compensated, the candidate or committee is not considered to be | |
48 | 408 | receiving a contribution. | |
409 | + | EH 1467—LS 7036/DI 51 11 | |
49 | 410 | (e) This subsection does not apply to a contribution described in | |
50 | 411 | IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a political | |
51 | 412 | action committee accepts a donation of: | |
52 | 413 | (1) rent; | |
53 | 414 | (2) office expenses; | |
54 | 415 | (3) management fees; | |
55 | 416 | (4) costs of solicitations of contributions; or | |
56 | 417 | (5) other administrative costs; | |
57 | 418 | the committee is not considered to be receiving a contribution. | |
58 | 419 | SECTION 2. IC 3-5-2-25.5 IS ADDED TO THE INDIANA CODE | |
59 | 420 | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
60 | 421 | 1, 2025]: Sec. 25.5. For purposes of IC 3-9-2-11.5, "foreign | |
61 | 422 | national" has the meaning set forth in 52 U.S.C. 30121(b). | |
62 | 423 | SECTION 3. IC 3-5-2-27.1 IS ADDED TO THE INDIANA CODE | |
63 | 424 | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
64 | 425 | 1, 2025]: Sec. 27.1. "Independent expenditure" means an | |
65 | 426 | expenditure by a person expressly advocating the approval or | |
66 | 427 | rejection of a public question. | |
67 | 428 | SECTION 4. IC 3-5-2-40.2 IS ADDED TO THE INDIANA CODE | |
68 | 429 | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
69 | 430 | 1, 2025]: Sec. 40.2. For purposes of IC 3-9-2-11.5, "preliminary | |
70 | 431 | activity" includes conducting a poll, drafting language for a public | |
71 | 432 | question, the planning and use of a focus group, a telephone call, or | |
72 | 433 | engaging in travel. | |
73 | 434 | SECTION 5. IC 3-5-2-40.4 IS ADDED TO THE INDIANA CODE | |
74 | 435 | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
75 | 436 | 1, 2025]: Sec. 40.4. "Prohibited source" is a foreign national. | |
76 | 437 | SECTION 6. IC 3-9-1-4, AS AMENDED BY P.L.169-2015, | |
77 | 438 | SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
78 | 439 | JULY 1, 2025]: Sec. 4. A committee must include in its statement of | |
79 | - | HEA 1467 3 | |
80 | 440 | organization the following: | |
81 | 441 | (1) The name and address of the committee. | |
82 | 442 | (2) The purpose for which the committee is formed, unless the | |
83 | 443 | committee is a candidate's committee that identifies a specific | |
84 | 444 | office sought by the candidate. | |
85 | 445 | (3) The name and address of the chairman and treasurer. | |
86 | 446 | (4) If applicable, the name, address, office sought, and political | |
87 | 447 | party affiliation or independent status of each candidate whom the | |
88 | 448 | committee is supporting. | |
89 | 449 | (5) If the committee is a legislative caucus committee, political | |
90 | 450 | action committee, or regular party committee and is supporting | |
91 | 451 | the entire ticket of a political party, the name of the party. | |
452 | + | EH 1467—LS 7036/DI 51 12 | |
92 | 453 | (6) If the committee is a political action committee supporting or | |
93 | 454 | opposing a public question, the following: | |
94 | 455 | (A) A brief statement of the question supported or opposed. | |
95 | 456 | (B) A certification that no preliminary activity occurring | |
96 | 457 | before the filing of the statement was funded by a | |
97 | 458 | prohibited source. | |
98 | 459 | (7) A listing of all banks, safety deposit boxes, and other | |
99 | 460 | depositories used. | |
100 | 461 | (8) Other information prescribed by the election division under | |
101 | 462 | IC 3-6-4.2-12(8). | |
102 | 463 | SECTION 7. IC 3-9-1-24 IS AMENDED TO READ AS FOLLOWS | |
103 | 464 | [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) Except as provided in | |
104 | 465 | subsection (b), the treasurer of a committee shall obtain and keep | |
105 | 466 | receipted bills, cancelled checks, or other proof of payment, stating the | |
106 | 467 | particulars for each expenditure made by or on behalf of a committee: | |
107 | 468 | (1) of more than twenty-five dollars ($25); and | |
108 | 469 | (2) for a smaller amount, if the aggregate amount of the | |
109 | 470 | expenditures to the same person during a year exceeds | |
110 | 471 | twenty-five dollars ($25). | |
111 | 472 | (b) This subsection applies to a: | |
112 | 473 | (1) political action committee that makes a contribution or | |
113 | 474 | expenditure; and | |
114 | 475 | (2) person who makes an independent expenditure; | |
115 | 476 | to influence an election on a public question. The treasurer of a | |
116 | 477 | political action committee or a person who makes an independent | |
117 | 478 | expenditure shall obtain and keep receipted bills, cancelled checks, | |
118 | 479 | or other proof of payment, stating the particulars for each | |
119 | 480 | expenditure made by or on behalf of a committee or person. | |
120 | 481 | (b) (c) The treasurer or a person who makes an independent | |
121 | 482 | expenditure shall preserve all receipted bills and accounts required to | |
122 | - | HEA 1467 4 | |
123 | 483 | be kept by this section for: | |
124 | 484 | (1) three (3) years; or | |
125 | 485 | (2) one (1) year after the date of dissolution of the committee; | |
126 | 486 | whichever occurs first. | |
127 | 487 | SECTION 8. IC 3-9-1-25 IS AMENDED TO READ AS FOLLOWS | |
128 | 488 | [EFFECTIVE JULY 1, 2025]: Sec. 25. (a) A member of a committee | |
129 | 489 | that has appointed a treasurer in accordance with this chapter may | |
130 | 490 | solicit or receive contributions as long as the member immediately | |
131 | 491 | turns over the contributions without diminution to the treasurer of the | |
132 | 492 | committee, to be disbursed and accounted for by the treasurer as | |
133 | 493 | provided by this article. The treasurer shall show, in the treasurer's | |
134 | 494 | account and statement and in addition to the requirements of IC 3-9-5, | |
495 | + | EH 1467—LS 7036/DI 51 13 | |
135 | 496 | through what member of the committee any contributions were | |
136 | 497 | received. | |
137 | 498 | (b) A contribution is considered to be received and accepted by a | |
138 | 499 | committee when any member of the committee: | |
139 | 500 | (1) has physical possession of the contribution; and | |
140 | 501 | (2) manifests an intent to keep the contribution by depositing the | |
141 | 502 | contribution, subject to IC 3-9-5-14(c). | |
142 | 503 | (c) A treasurer of a political action committee shall, before | |
143 | 504 | accepting a contribution to influence an election on a public | |
144 | 505 | question, obtain from the person offering the contribution an | |
145 | 506 | affirmation that the person: | |
146 | 507 | (1) is not a foreign national; and | |
147 | 508 | (2) has not knowingly or willfully accepted contributions: | |
148 | - | (A) that exceed, in the aggregate, | |
149 | - | ($ | |
509 | + | (A) that exceed, in the aggregate, one hundred thousand | |
510 | + | dollars ($100,000); | |
150 | 511 | (B) from one (1) or more prohibited sources; and | |
151 | 512 | (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: | |
167 | 519 | (1) knowingly or willfully; and | |
168 | 520 | (2) directly or indirectly; | |
169 | 521 | accept a contribution or expenditure from a prohibited source. | |
170 | 522 | (b) A foreign national may not direct, dictate, or control the | |
171 | 523 | decision-making process of a person with regard to that person's | |
172 | 524 | activity to influence a public question, such as a decision to make | |
173 | 525 | a contribution or expenditure to influence an election on a public | |
174 | 526 | question. | |
175 | 527 | (c) A foreign national may not directly or indirectly solicit the | |
176 | 528 | making of a contribution or expenditure by another person to | |
177 | 529 | influence an election on a public question. | |
178 | 530 | (d) This section does not create or eliminate a right or duty of a | |
179 | 531 | person regarding disclosure of information regarding a | |
180 | 532 | contribution or expenditure under this article. | |
181 | 533 | SECTION 11. IC 3-9-5-14 IS AMENDED TO READ AS | |
182 | 534 | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) As used in this | |
183 | 535 | section, "threshold contribution amount" refers to the following: | |
184 | 536 | (1) For contributions made to a candidate's committee, a | |
185 | 537 | legislative caucus committee, or a political action committee, one | |
538 | + | EH 1467—LS 7036/DI 51 14 | |
186 | 539 | hundred dollars ($100). | |
187 | 540 | (2) For contributions made to a regular party committee, two | |
188 | 541 | hundred dollars ($200). | |
189 | 542 | (b) The report of each committee's treasurer must disclose the | |
190 | 543 | following: | |
191 | 544 | (1) The amount of cash on hand and the value of any investments | |
192 | 545 | made by the committee at the beginning of the reporting period. | |
193 | 546 | (2) The total sum of individual contributions including | |
194 | 547 | transfers-in, accepted by the committee during its reporting | |
195 | 548 | period. | |
196 | 549 | (3) The following information regarding each person who has | |
197 | 550 | made one (1) or more contributions within the year, in an | |
198 | 551 | aggregate amount that exceeds the threshold contribution amount | |
199 | 552 | in actual value to or for the committee, including the purchase of | |
200 | 553 | tickets for events such as dinners, luncheons, rallies, and similar | |
201 | 554 | fundraising events: | |
202 | 555 | (A) The full name of the person. | |
203 | 556 | (B) The full mailing address of the person making the | |
204 | 557 | contribution. | |
205 | 558 | (C) The person's occupation, if the person is an individual who | |
206 | 559 | has made contributions to the committee of at least one | |
207 | 560 | thousand dollars ($1,000) during the calendar year. | |
208 | - | HEA 1467 6 | |
209 | 561 | (D) The date and amount of each contribution. | |
210 | 562 | (4) The name and address of each committee from which the | |
211 | 563 | reporting committee received, or to which that committee made, | |
212 | 564 | a transfer of funds, together with the amounts and dates of all | |
213 | 565 | transfers. | |
214 | 566 | (5) If the reporting committee is a candidate's committee, the | |
215 | 567 | following information about each other committee that has | |
216 | 568 | reported expenditures to the reporting candidate's committee | |
217 | 569 | under section 15 of this chapter: | |
218 | 570 | (A) The name and address of the other committee. | |
219 | 571 | (B) The amount of expenditures reported by the other | |
220 | 572 | committee. | |
221 | 573 | (C) The date of the expenditures reported by the other | |
222 | 574 | committee. | |
223 | 575 | (D) The purpose of the expenditures reported by the other | |
224 | 576 | committee. | |
225 | 577 | (6) Each loan to or from a person within the reporting period | |
226 | 578 | together with the following information: | |
227 | 579 | (A) The full names and mailing addresses of the lender and | |
228 | 580 | endorsers, if any. | |
581 | + | EH 1467—LS 7036/DI 51 15 | |
229 | 582 | (B) The person's occupation, if the person is an individual who | |
230 | 583 | has made loans of at least one thousand dollars ($1,000) to the | |
231 | 584 | committee during the calendar year. | |
232 | 585 | (C) The date and amount of the loans. | |
233 | 586 | (7) The total sum of all receipts of the committee during the | |
234 | 587 | reporting period. | |
235 | 588 | (8) The full name, mailing address, occupation, and principal | |
236 | 589 | place of business, if any, of each person other than a committee | |
237 | 590 | to whom an expenditure was made by the committee or on behalf | |
238 | 591 | of the committee within the year in an aggregate amount that: | |
239 | 592 | (A) exceeds one hundred dollars ($100), in the case of a | |
240 | 593 | candidate's committee, legislative caucus committee, or | |
241 | 594 | political action committee; or | |
242 | 595 | (B) exceeds two hundred dollars ($200), in the case of a | |
243 | 596 | regular party committee. | |
244 | 597 | (9) The name, address, and office sought by each candidate for | |
245 | 598 | whom any expenditure was made or a statement identifying the | |
246 | 599 | public question for which any expenditure was made, including | |
247 | 600 | the amount, date, and purpose of each expenditure. | |
248 | 601 | (10) The full name, mailing address, occupation, and principal | |
249 | 602 | place of business, if any, of each person to whom an expenditure | |
250 | 603 | for personal services, salaries, or reimbursed expenses was made | |
251 | - | HEA 1467 7 | |
252 | 604 | within the year in an aggregate amount that: | |
253 | 605 | (A) exceeds one hundred dollars ($100), in the case of a | |
254 | 606 | candidate's committee, legislative caucus committee, or | |
255 | 607 | political action committee; or | |
256 | 608 | (B) exceeds two hundred dollars ($200), in the case of a | |
257 | 609 | regular party committee; | |
258 | 610 | and that is not otherwise reported, including the amount, date, and | |
259 | 611 | purpose of the expenditure. | |
260 | 612 | (11) The total sum of expenditures made by the committee during | |
261 | 613 | the reporting period. | |
262 | 614 | (12) The amount and nature of debts owed by or to the committee, | |
263 | 615 | and a continuous reporting of the debts after the election at the | |
264 | 616 | times required under this article until the debts are extinguished. | |
265 | 617 | (c) If a committee: | |
266 | 618 | (1) obtains a contribution; | |
267 | 619 | (2) determines that the contribution should not be accepted by the | |
268 | 620 | committee; and | |
269 | 621 | (3) does not receive and accept the contribution under | |
270 | 622 | IC 3-9-1-25(b); | |
271 | 623 | the committee must return the contribution to the person who made the | |
624 | + | EH 1467—LS 7036/DI 51 16 | |
272 | 625 | contribution. A returned contribution is not required to be listed on the | |
273 | 626 | report of the committee's treasurer. However, if the committee receives | |
274 | 627 | and deposits the contribution under IC 3-9-1-25(b) and subsequently | |
275 | 628 | determines that the contribution should be refunded, the receipt and | |
276 | 629 | refund of the contribution must be listed on the report of the | |
277 | 630 | committee's treasurer. | |
278 | 631 | (d) A report filed by the treasurer of a political action | |
279 | 632 | committee under subsection (b) must include an affirmation by the | |
280 | 633 | treasurer that the person making a contribution of any amount: | |
281 | 634 | (1) is not a foreign national; and | |
282 | 635 | (2) has not knowingly or willfully received, solicited, or | |
283 | 636 | accepted, whether directly or indirectly, contributions or | |
284 | 637 | expenditures: | |
285 | 638 | (A) from prohibited sources; | |
286 | - | (B) that exceed, in the aggregate, | |
287 | - | ($ | |
639 | + | (B) that exceed, in the aggregate, one hundred thousand | |
640 | + | dollars ($100,000); and | |
288 | 641 | (C) within the four (4) years immediately preceding the | |
289 | 642 | date the contribution is made. | |
290 | 643 | SECTION 12. IC 3-9-5-18 IS AMENDED TO READ AS | |
291 | 644 | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. (a) Each candidate | |
292 | 645 | shall file a statement that the candidate has turned over all | |
293 | 646 | contributions received by the candidate to the treasurer of the | |
294 | - | HEA 1467 8 | |
295 | 647 | candidate's principal committee and that to the best of the candidate's | |
296 | 648 | knowledge and belief the reports of the candidate's committee are | |
297 | 649 | complete and accurate. | |
298 | 650 | (b) Each political action committee shall file a statement with | |
299 | 651 | each report required under this chapter affirming that the | |
300 | 652 | committee has not knowingly or willfully received, solicited, or | |
301 | 653 | accepted a contribution or an expenditure from a prohibited | |
302 | 654 | source. | |
303 | 655 | SECTION 13. IC 3-9-9 IS ADDED TO THE INDIANA CODE AS | |
304 | 656 | A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY | |
305 | 657 | 1, 2025]: | |
306 | - | Chapter 9. Independent Expenditures | |
658 | + | Chapter 9. Independent Expenditures. | |
307 | 659 | Sec. 1. A person making an independent expenditure: | |
308 | 660 | (1) that exceeds five thousand dollars ($5,000); and | |
309 | 661 | (2) regarding a public question; | |
310 | 662 | shall, not later than forty-eight (48) hours after making the | |
311 | 663 | expenditure, file a report, using a form prescribed under | |
312 | 664 | IC 3-5-4-8, with the office required to receive reports under | |
313 | 665 | IC 3-9-5. | |
314 | 666 | Sec. 2. The report filed under section 1 of this chapter must | |
667 | + | EH 1467—LS 7036/DI 51 17 | |
315 | 668 | certify and affirm the following: | |
316 | 669 | (1) The person has not knowingly or willfully received, | |
317 | 670 | solicited, or accepted, whether directly or indirectly, | |
318 | 671 | contributions or expenditures: | |
319 | 672 | (A) from prohibited sources; | |
320 | - | (B) that exceed, in the aggregate, | |
321 | - | ($ | |
673 | + | (B) that exceed, in the aggregate, one hundred thousand | |
674 | + | dollars ($100,000); and | |
322 | 675 | (C) within the four (4) year period immediately preceding | |
323 | 676 | the date of the independent expenditure. | |
324 | 677 | (2) The person will not receive contributions or expenditures | |
325 | 678 | in the manner described in subdivision (1) during the | |
326 | 679 | remainder of the calendar year in which the public question | |
327 | 680 | will appear on the ballot. | |
328 | 681 | Sec. 3. A determination by the commission or a county election | |
329 | 682 | board that a person who has filed a certification under section 2 of | |
330 | 683 | this chapter has accepted funds: | |
331 | 684 | (1) from a prohibited source; | |
332 | 685 | (2) in excess of the amount set forth in section 2 of this | |
333 | 686 | chapter; and | |
334 | 687 | (3) during the period described in section 2 of this chapter; | |
335 | 688 | 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 |