First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1467
AN ACT to amend the Indiana Code concerning elections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-5-2-15, AS AMENDED BY P.L.114-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 15. (a) "Contribution" means a donation (whether
characterized as an advance, a deposit, a gift, a loan, a subscription, or
a contract or promise to make a donation) of property (as defined in
IC 35-31.5-2-253) that satisfies both of the following:
(1) The donation is made for the purpose of influencing any of the
following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutional
convention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate's committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever:
(1) funds are transferred from one (1) committee to another; or
(2) a donation of funds to influence an election on a public
question is accepted as a contribution;
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the accepting committee is considered to be receiving a contribution in
the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personal
services of a person whose compensation is being paid by a third
person, the candidate or committee is considered to be receiving a
contribution from the third person in the amount of the compensation
paid.
(d) This subsection does not apply to a contribution described in
IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a candidate
or a committee accepts the personal services of a volunteer who is not
being compensated, the candidate or committee is not considered to be
receiving a contribution.
(e) This subsection does not apply to a contribution described in
IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a political
action committee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution.
SECTION 2. IC 3-5-2-25.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 25.5. For purposes of IC 3-9-2-11.5, "foreign
national" has the meaning set forth in 52 U.S.C. 30121(b).
SECTION 3. IC 3-5-2-27.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 27.1. "Independent expenditure" means an
expenditure by a person expressly advocating the approval or
rejection of a public question.
SECTION 4. IC 3-5-2-40.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 40.2. For purposes of IC 3-9-2-11.5, "preliminary
activity" includes conducting a poll, drafting language for a public
question, the planning and use of a focus group, a telephone call, or
engaging in travel.
SECTION 5. IC 3-5-2-40.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 40.4. "Prohibited source" is a foreign national.
SECTION 6. IC 3-9-1-4, AS AMENDED BY P.L.169-2015,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. A committee must include in its statement of
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organization the following:
(1) The name and address of the committee.
(2) The purpose for which the committee is formed, unless the
committee is a candidate's committee that identifies a specific
office sought by the candidate.
(3) The name and address of the chairman and treasurer.
(4) If applicable, the name, address, office sought, and political
party affiliation or independent status of each candidate whom the
committee is supporting.
(5) If the committee is a legislative caucus committee, political
action committee, or regular party committee and is supporting
the entire ticket of a political party, the name of the party.
(6) If the committee is a political action committee supporting or
opposing a public question, the following:
(A) A brief statement of the question supported or opposed.
(B) A certification that no preliminary activity occurring
before the filing of the statement was funded by a
prohibited source.
(7) A listing of all banks, safety deposit boxes, and other
depositories used.
(8) Other information prescribed by the election division under
IC 3-6-4.2-12(8).
SECTION 7. IC 3-9-1-24 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 24. (a) Except as provided in
subsection (b), the treasurer of a committee shall obtain and keep
receipted bills, cancelled checks, or other proof of payment, stating the
particulars for each expenditure made by or on behalf of a committee:
(1) of more than twenty-five dollars ($25); and
(2) for a smaller amount, if the aggregate amount of the
expenditures to the same person during a year exceeds
twenty-five dollars ($25).
(b) This subsection applies to a:
(1) political action committee that makes a contribution or
expenditure; and
(2) person who makes an independent expenditure;
to influence an election on a public question. The treasurer of a
political action committee or a person who makes an independent
expenditure shall obtain and keep receipted bills, cancelled checks,
or other proof of payment, stating the particulars for each
expenditure made by or on behalf of a committee or person.
(b) (c) The treasurer or a person who makes an independent
expenditure shall preserve all receipted bills and accounts required to
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be kept by this section for:
(1) three (3) years; or
(2) one (1) year after the date of dissolution of the committee;
whichever occurs first.
SECTION 8. IC 3-9-1-25 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 25. (a) A member of a committee
that has appointed a treasurer in accordance with this chapter may
solicit or receive contributions as long as the member immediately
turns over the contributions without diminution to the treasurer of the
committee, to be disbursed and accounted for by the treasurer as
provided by this article. The treasurer shall show, in the treasurer's
account and statement and in addition to the requirements of IC 3-9-5,
through what member of the committee any contributions were
received.
(b) A contribution is considered to be received and accepted by a
committee when any member of the committee:
(1) has physical possession of the contribution; and
(2) manifests an intent to keep the contribution by depositing the
contribution, subject to IC 3-9-5-14(c).
(c) A treasurer of a political action committee shall, before
accepting a contribution to influence an election on a public
question, obtain from the person offering the contribution an
affirmation that the person:
(1) is not a foreign national; and
(2) has not knowingly or willfully accepted contributions:
(A) that exceed, in the aggregate, fifty thousand dollars
($50,000);
(B) from one (1) or more prohibited sources; and
(C) within the four (4) years preceding the date the
contribution is offered by the person.
SECTION 9. IC 3-9-2-11, AS AMENDED BY P.L.128-2015,
SECTION 146, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 11. A foreign national (as defined
in 52 U.S.C. 30121(b)) may not make a contribution in connection
with:
(1) an election;
(2) a convention; or
(3) a caucus in which a candidate is selected; or
(4) a public question;
under this title.
SECTION 10. IC 3-9-2-11.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
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1, 2025]: Sec. 11.5. (a) A political action committee may not:
(1) knowingly or willfully; and
(2) directly or indirectly;
accept a contribution or expenditure from a prohibited source.
(b) A foreign national may not direct, dictate, or control the
decision-making process of a person with regard to that person's
activity to influence a public question, such as a decision to make
a contribution or expenditure to influence an election on a public
question.
(c) A foreign national may not directly or indirectly solicit the
making of a contribution or expenditure by another person to
influence an election on a public question.
(d) This section does not create or eliminate a right or duty of a
person regarding disclosure of information regarding a
contribution or expenditure under this article.
SECTION 11. IC 3-9-5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) As used in this
section, "threshold contribution amount" refers to the following:
(1) For contributions made to a candidate's committee, a
legislative caucus committee, or a political action committee, one
hundred dollars ($100).
(2) For contributions made to a regular party committee, two
hundred dollars ($200).
(b) The report of each committee's treasurer must disclose the
following:
(1) The amount of cash on hand and the value of any investments
made by the committee at the beginning of the reporting period.
(2) The total sum of individual contributions including
transfers-in, accepted by the committee during its reporting
period.
(3) The following information regarding each person who has
made one (1) or more contributions within the year, in an
aggregate amount that exceeds the threshold contribution amount
in actual value to or for the committee, including the purchase of
tickets for events such as dinners, luncheons, rallies, and similar
fundraising events:
(A) The full name of the person.
(B) The full mailing address of the person making the
contribution.
(C) The person's occupation, if the person is an individual who
has made contributions to the committee of at least one
thousand dollars ($1,000) during the calendar year.
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(D) The date and amount of each contribution.
(4) The name and address of each committee from which the
reporting committee received, or to which that committee made,
a transfer of funds, together with the amounts and dates of all
transfers.
(5) If the reporting committee is a candidate's committee, the
following information about each other committee that has
reported expenditures to the reporting candidate's committee
under section 15 of this chapter:
(A) The name and address of the other committee.
(B) The amount of expenditures reported by the other
committee.
(C) The date of the expenditures reported by the other
committee.
(D) The purpose of the expenditures reported by the other
committee.
(6) Each loan to or from a person within the reporting period
together with the following information:
(A) The full names and mailing addresses of the lender and
endorsers, if any.
(B) The person's occupation, if the person is an individual who
has made loans of at least one thousand dollars ($1,000) to the
committee during the calendar year.
(C) The date and amount of the loans.
(7) The total sum of all receipts of the committee during the
reporting period.
(8) The full name, mailing address, occupation, and principal
place of business, if any, of each person other than a committee
to whom an expenditure was made by the committee or on behalf
of the committee within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a
candidate's committee, legislative caucus committee, or
political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a
regular party committee.
(9) The name, address, and office sought by each candidate for
whom any expenditure was made or a statement identifying the
public question for which any expenditure was made, including
the amount, date, and purpose of each expenditure.
(10) The full name, mailing address, occupation, and principal
place of business, if any, of each person to whom an expenditure
for personal services, salaries, or reimbursed expenses was made
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within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a
candidate's committee, legislative caucus committee, or
political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a
regular party committee;
and that is not otherwise reported, including the amount, date, and
purpose of the expenditure.
(11) The total sum of expenditures made by the committee during
the reporting period.
(12) The amount and nature of debts owed by or to the committee,
and a continuous reporting of the debts after the election at the
times required under this article until the debts are extinguished.
(c) If a committee:
(1) obtains a contribution;
(2) determines that the contribution should not be accepted by the
committee; and
(3) does not receive and accept the contribution under
IC 3-9-1-25(b);
the committee must return the contribution to the person who made the
contribution. A returned contribution is not required to be listed on the
report of the committee's treasurer. However, if the committee receives
and deposits the contribution under IC 3-9-1-25(b) and subsequently
determines that the contribution should be refunded, the receipt and
refund of the contribution must be listed on the report of the
committee's treasurer.
(d) A report filed by the treasurer of a political action
committee under subsection (b) must include an affirmation by the
treasurer that the person making a contribution of any amount:
(1) is not a foreign national; and
(2) has not knowingly or willfully received, solicited, or
accepted, whether directly or indirectly, contributions or
expenditures:
(A) from prohibited sources;
(B) that exceed, in the aggregate, fifty thousand dollars
($50,000); and
(C) within the four (4) years immediately preceding the
date the contribution is made.
SECTION 12. IC 3-9-5-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. (a) Each candidate
shall file a statement that the candidate has turned over all
contributions received by the candidate to the treasurer of the
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candidate's principal committee and that to the best of the candidate's
knowledge and belief the reports of the candidate's committee are
complete and accurate.
(b) Each political action committee shall file a statement with
each report required under this chapter affirming that the
committee has not knowingly or willfully received, solicited, or
accepted a contribution or an expenditure from a prohibited
source.
SECTION 13. IC 3-9-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]:
Chapter 9. Independent Expenditures
Sec. 1. A person making an independent expenditure:
(1) that exceeds five thousand dollars ($5,000); and
(2) regarding a public question;
shall, not later than forty-eight (48) hours after making the
expenditure, file a report, using a form prescribed under
IC 3-5-4-8, with the office required to receive reports under
IC 3-9-5.
Sec. 2. The report filed under section 1 of this chapter must
certify and affirm the following:
(1) The person has not knowingly or willfully received,
solicited, or accepted, whether directly or indirectly,
contributions or expenditures:
(A) from prohibited sources;
(B) that exceed, in the aggregate, fifty thousand dollars
($50,000); and
(C) within the four (4) year period immediately preceding
the date of the independent expenditure.
(2) The person will not receive contributions or expenditures
in the manner described in subdivision (1) during the
remainder of the calendar year in which the public question
will appear on the ballot.
Sec. 3. A determination by the commission or a county election
board that a person who has filed a certification under section 2 of
this chapter has accepted funds:
(1) from a prohibited source;
(2) in excess of the amount set forth in section 2 of this
chapter; and
(3) during the period described in section 2 of this chapter;
creates a presumption that the person has violated section 2 of this
chapter.
HEA 1467 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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