14 | | - | SECTION 1. IC 3-5-2-2.5 IS AMENDED TO READ AS |
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15 | | - | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2.5. "Auxiliary party |
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16 | | - | organization" means an organization located within or outside Indiana |
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17 | | - | that: |
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18 | | - | (1) is affiliated with a political party; |
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19 | | - | (2) proposes to influence the election of a candidate for state, |
---|
20 | | - | legislative, local, or school board office, or the outcome of a |
---|
21 | | - | public question; and |
---|
22 | | - | (3) has not: |
---|
23 | | - | (A) had an annual budget expenditure of five ten thousand |
---|
24 | | - | dollars ($5,000) ($10,000) or more in at least one (1) of the |
---|
25 | | - | last two (2) years; or |
---|
26 | | - | (B) made a contribution of more than one thousand dollars |
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27 | | - | ($1,000) to another committee or to a candidate. |
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28 | | - | SECTION 2. IC 3-5-2-15, AS AMENDED BY P.L.114-2012, |
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29 | | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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30 | | - | JULY 1, 2025]: Sec. 15. (a) "Contribution" means a donation (whether |
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31 | | - | characterized as an advance, a deposit, a gift, a loan, a subscription, or |
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32 | | - | a contract or promise to make a donation) of property (as defined in |
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33 | | - | IC 35-31.5-2-253) that satisfies both of the following: |
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34 | | - | HEA 1680 — CC 1 2 |
---|
35 | | - | (1) The donation is made for the purpose of influencing any of the |
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36 | | - | following: |
---|
37 | | - | (A) The nomination or election to office of a candidate. |
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38 | | - | (B) The election of delegates to a state constitutional |
---|
39 | | - | convention. |
---|
40 | | - | (C) The outcome of a public question. |
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41 | | - | (2) The donation is accepted by any of the following: |
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42 | | - | (A) A candidate. |
---|
43 | | - | (B) A candidate's committee. |
---|
44 | | - | (C) A regular party committee. |
---|
45 | | - | (D) A political action committee. |
---|
46 | | - | (E) A legislative caucus committee. |
---|
47 | | - | (b) Whenever funds are transferred from one (1) committee to |
---|
48 | | - | another, the accepting committee is considered to be receiving a |
---|
49 | | - | contribution in the amount of the funds transferred. |
---|
50 | | - | (c) Whenever a candidate or a committee accepts the personal |
---|
51 | | - | services of a person whose compensation is being paid by a third |
---|
52 | | - | person, the candidate or committee is considered to be receiving a |
---|
53 | | - | contribution from the third person in the amount of the compensation |
---|
54 | | - | paid. |
---|
55 | | - | (d) The term defined in subsection (a) includes a donation of |
---|
56 | | - | property (as defined in IC 35-31.5-2-253): |
---|
57 | | - | (1) that satisfies subsection (a)(1) and (a)(2); and |
---|
58 | | - | (2) through a payment platform that acts as a conduit. |
---|
59 | | - | (d) (e) Notwithstanding subsection (a), whenever a candidate or a |
---|
60 | | - | committee accepts the personal services of a volunteer who is not being |
---|
61 | | - | compensated, the candidate or committee is not considered to be |
---|
62 | | - | receiving a contribution. |
---|
63 | | - | (e) (f) Notwithstanding subsection (a), whenever a political action |
---|
64 | | - | committee accepts a donation of: |
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65 | | - | (1) rent; |
---|
66 | | - | (2) office expenses; |
---|
67 | | - | (3) management fees; |
---|
68 | | - | (4) costs of solicitations of contributions; or |
---|
69 | | - | (5) other administrative costs; |
---|
70 | | - | the committee is not considered to be receiving a contribution. |
---|
71 | | - | SECTION 3. IC 3-5-4-12.5 IS ADDED TO THE INDIANA CODE |
---|
72 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
73 | | - | 1, 2025]: Sec. 12.5. (a) Each county shall submit the following to the |
---|
74 | | - | secretary of state: |
---|
75 | | - | (1) The name of the county's information technology provider. |
---|
76 | | - | (2) Contact information for the provider listed in subdivision |
---|
77 | | - | HEA 1680 — CC 1 3 |
---|
78 | | - | (1). |
---|
79 | | - | (b) Each county shall notify the secretary of state of any change |
---|
80 | | - | in the information provided under subsection (a). |
---|
81 | | - | SECTION 4. IC 3-6-4.1-25 IS AMENDED TO READ AS |
---|
82 | | - | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 25. The commission |
---|
83 | | - | may do any of the following hold hearings under IC 4-21.5 to |
---|
84 | | - | administer Indiana election law. |
---|
85 | | - | (1) Hold hearings under IC 4-21.5. |
---|
86 | | - | (2) Issue advisory opinions. |
---|
87 | | - | SECTION 5. IC 3-6-4.1-26 IS ADDED TO THE INDIANA CODE |
---|
88 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
89 | | - | 1, 2025]: Sec. 26. An advisory opinion issued by the commission |
---|
90 | | - | before July 1, 2025, is void. |
---|
91 | | - | SECTION 6. IC 3-6-7-5, AS AMENDED BY P.L.230-2005, |
---|
92 | | - | SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
93 | | - | JULY 1, 2025]: Sec. 5. (a) A pollbook holder or a challenger appointed |
---|
94 | | - | under this chapter is entitled to do the following: |
---|
95 | | - | (1) Enter the polls at least thirty (30) minutes before the opening |
---|
96 | | - | of the polls and remain there throughout election day until the |
---|
97 | | - | polls close. |
---|
98 | | - | (2) Enter, leave, and reenter the polls at any time on election day. |
---|
99 | | - | (b) A pollbook holder or a challenger is subject to the orders of the |
---|
100 | | - | board while in the polls. |
---|
101 | | - | (c) If demanded by a member of the precinct election board, a |
---|
102 | | - | pollbook holder or a challenger shall produce the identification card |
---|
103 | | - | issued under section 1(d) of this chapter. |
---|
104 | | - | (d) Subject to the restrictions under section 1 of this chapter, a |
---|
105 | | - | pollbook holder or challenger appointed under this chapter may |
---|
106 | | - | enter, leave, and reenter multiple polling places at any time on |
---|
107 | | - | election day. |
---|
108 | | - | SECTION 7. IC 3-6-8-4, AS AMENDED BY P.L.209-2021, |
---|
109 | | - | SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
110 | | - | JULY 1, 2025]: Sec. 4. (a) A watcher appointed under this chapter is |
---|
111 | | - | entitled to do the following: |
---|
112 | | - | (1) Enter the polls at least thirty (30) minutes before the opening |
---|
113 | | - | of the polls and remain there throughout election day until all |
---|
114 | | - | tabulations have been completed. |
---|
115 | | - | (2) Inspect the paper ballot boxes, ballot card voting system, or |
---|
116 | | - | electronic voting system before votes have been cast. |
---|
117 | | - | (3) Inspect the work being done by any precinct election officer |
---|
118 | | - | (except when a precinct election officer enters a confidential login |
---|
119 | | - | or password to obtain access to an electronic poll book or to |
---|
120 | | - | HEA 1680 — CC 1 4 |
---|
121 | | - | operate a voting system). |
---|
122 | | - | (4) Enter, leave, and reenter the polls at any time on election day. |
---|
123 | | - | (5) Witness the calling and recording of the votes and any other |
---|
124 | | - | proceedings of the precinct election officers in the performance |
---|
125 | | - | of official duties. |
---|
126 | | - | (6) Receive a summary of the vote prepared under IC 3-12-2-15, |
---|
127 | | - | IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the |
---|
128 | | - | precinct election board, providing: |
---|
129 | | - | (A) the names of all candidates of the political party whose |
---|
130 | | - | primary election is being observed by the watcher and the |
---|
131 | | - | number of votes cast for each candidate; |
---|
132 | | - | (B) the names of all candidates at a general, municipal, or |
---|
133 | | - | special election and the number of votes cast for each |
---|
134 | | - | candidate; or |
---|
135 | | - | (C) the vote cast for or against a public question. |
---|
136 | | - | (7) Accompany the inspector and judge in delivering the |
---|
137 | | - | tabulation and election returns to the county election board by the |
---|
138 | | - | most direct route. |
---|
139 | | - | (8) Be present when the inspector takes a receipt for the |
---|
140 | | - | tabulation and election returns delivered to the county election |
---|
141 | | - | board. |
---|
142 | | - | (b) Subject to the restrictions under section 1 of this chapter, a |
---|
143 | | - | watcher appointed under this chapter may enter, leave, and |
---|
144 | | - | reenter multiple polling places at any time on election day. |
---|
145 | | - | SECTION 8. IC 3-6-8-5 IS AMENDED TO READ AS FOLLOWS |
---|
146 | | - | [EFFECTIVE JULY 1, 2025]: Sec. 5. The county election board shall |
---|
147 | | - | provide blank certificates for the summaries required by section 4(6) |
---|
148 | | - | 4(a)(6) of this chapter. |
---|
149 | | - | SECTION 9. IC 3-7-26.3-37 IS ADDED TO THE INDIANA CODE |
---|
150 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
151 | | - | 1, 2025]: Sec. 37. (a) The county voter registration official shall |
---|
152 | | - | send a notice requesting proof of citizenship (as defined in |
---|
153 | | - | IC 3-7-38.2-7.3(a)) to each individual who uses an identification |
---|
154 | | - | number from a temporary credential issued under IC 9-24-11-5(c) |
---|
155 | | - | or IC 9-24-16-3(f) as part of the individual's voter registration |
---|
156 | | - | application. |
---|
157 | | - | (b) An individual must provide proof of citizenship to the county |
---|
158 | | - | voter registration official within thirty (30) days of receiving a |
---|
159 | | - | notice under subsection (a). |
---|
160 | | - | (c) If the individual does not provide proof of citizenship within |
---|
161 | | - | thirty (30) days of receiving a notice under subsection (a), the |
---|
162 | | - | county voter registration official shall reject the individual's voter |
---|
163 | | - | HEA 1680 — CC 1 5 |
---|
164 | | - | registration. |
---|
165 | | - | (d) The election division shall prescribe the design of the notice |
---|
166 | | - | required under this section. |
---|
167 | | - | SECTION 10. IC 3-7-32-2.5 IS ADDED TO THE INDIANA CODE |
---|
168 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
169 | | - | 1, 2025]: Sec. 2.5. An applicant may not list on the registration |
---|
170 | | - | form a post office box or a commercially available mailing box as |
---|
171 | | - | the residence address of the applicant. |
---|
172 | | - | SECTION 11. IC 3-7-32-7.5 IS ADDED TO THE INDIANA CODE |
---|
| 69 | + | 1 SECTION 1. IC 3-5-4-12.5 IS ADDED TO THE INDIANA CODE |
---|
| 70 | + | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 71 | + | 3 1, 2025]: Sec. 12.5. (a) Each county shall submit the following to the |
---|
| 72 | + | 4 secretary of state: |
---|
| 73 | + | 5 (1) The name of the county's information technology provider. |
---|
| 74 | + | 6 (2) Contact information for the provider listed in subdivision |
---|
| 75 | + | 7 (1). |
---|
| 76 | + | 8 (b) Each county shall notify the secretary of state of any change |
---|
| 77 | + | 9 in the information provided under subsection (a). |
---|
| 78 | + | 10 SECTION 2. IC 3-6-7-5, AS AMENDED BY P.L.230-2005, |
---|
| 79 | + | 11 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 80 | + | 12 JULY 1, 2025]: Sec. 5. (a) A pollbook holder or a challenger appointed |
---|
| 81 | + | 13 under this chapter is entitled to do the following: |
---|
| 82 | + | 14 (1) Enter the polls at least thirty (30) minutes before the opening |
---|
| 83 | + | 15 of the polls and remain there throughout election day until the |
---|
| 84 | + | EH 1680—LS 7714/DI 144 2 |
---|
| 85 | + | 1 polls close. |
---|
| 86 | + | 2 (2) Enter, leave, and reenter the polls at any time on election day. |
---|
| 87 | + | 3 (b) A pollbook holder or a challenger is subject to the orders of the |
---|
| 88 | + | 4 board while in the polls. |
---|
| 89 | + | 5 (c) If demanded by a member of the precinct election board, a |
---|
| 90 | + | 6 pollbook holder or a challenger shall produce the identification card |
---|
| 91 | + | 7 issued under section 1(d) of this chapter. |
---|
| 92 | + | 8 (d) Subject to the restrictions under section 1 of this chapter, a |
---|
| 93 | + | 9 pollbook holder or challenger appointed under this chapter may |
---|
| 94 | + | 10 enter, leave, and reenter multiple polling places at any time on |
---|
| 95 | + | 11 election day. |
---|
| 96 | + | 12 SECTION 3. IC 3-6-8-4, AS AMENDED BY P.L.209-2021, |
---|
| 97 | + | 13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 98 | + | 14 JULY 1, 2025]: Sec. 4. (a) A watcher appointed under this chapter is |
---|
| 99 | + | 15 entitled to do the following: |
---|
| 100 | + | 16 (1) Enter the polls at least thirty (30) minutes before the opening |
---|
| 101 | + | 17 of the polls and remain there throughout election day until all |
---|
| 102 | + | 18 tabulations have been completed. |
---|
| 103 | + | 19 (2) Inspect the paper ballot boxes, ballot card voting system, or |
---|
| 104 | + | 20 electronic voting system before votes have been cast. |
---|
| 105 | + | 21 (3) Inspect the work being done by any precinct election officer |
---|
| 106 | + | 22 (except when a precinct election officer enters a confidential login |
---|
| 107 | + | 23 or password to obtain access to an electronic poll book or to |
---|
| 108 | + | 24 operate a voting system). |
---|
| 109 | + | 25 (4) Enter, leave, and reenter the polls at any time on election day. |
---|
| 110 | + | 26 (5) Witness the calling and recording of the votes and any other |
---|
| 111 | + | 27 proceedings of the precinct election officers in the performance |
---|
| 112 | + | 28 of official duties. |
---|
| 113 | + | 29 (6) Receive a summary of the vote prepared under IC 3-12-2-15, |
---|
| 114 | + | 30 IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the |
---|
| 115 | + | 31 precinct election board, providing: |
---|
| 116 | + | 32 (A) the names of all candidates of the political party whose |
---|
| 117 | + | 33 primary election is being observed by the watcher and the |
---|
| 118 | + | 34 number of votes cast for each candidate; |
---|
| 119 | + | 35 (B) the names of all candidates at a general, municipal, or |
---|
| 120 | + | 36 special election and the number of votes cast for each |
---|
| 121 | + | 37 candidate; or |
---|
| 122 | + | 38 (C) the vote cast for or against a public question. |
---|
| 123 | + | 39 (7) Accompany the inspector and judge in delivering the |
---|
| 124 | + | 40 tabulation and election returns to the county election board by the |
---|
| 125 | + | 41 most direct route. |
---|
| 126 | + | 42 (8) Be present when the inspector takes a receipt for the |
---|
| 127 | + | EH 1680—LS 7714/DI 144 3 |
---|
| 128 | + | 1 tabulation and election returns delivered to the county election |
---|
| 129 | + | 2 board. |
---|
| 130 | + | 3 (b) Subject to the restrictions under section 1 of this chapter, a |
---|
| 131 | + | 4 watcher appointed under this chapter may enter, leave, and |
---|
| 132 | + | 5 reenter multiple polling places at any time on election day. |
---|
| 133 | + | 6 SECTION 4. IC 3-6-8-5 IS AMENDED TO READ AS FOLLOWS |
---|
| 134 | + | 7 [EFFECTIVE JULY 1, 2025]: Sec. 5. The county election board shall |
---|
| 135 | + | 8 provide blank certificates for the summaries required by section 4(6) |
---|
| 136 | + | 9 4(a)(6) of this chapter. |
---|
| 137 | + | 10 SECTION 5. IC 3-7-26.3-37 IS ADDED TO THE INDIANA CODE |
---|
| 138 | + | 11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 139 | + | 12 1, 2025]: Sec. 37. (a) The county voter registration official shall |
---|
| 140 | + | 13 send a notice requesting proof of citizenship (as defined in |
---|
| 141 | + | 14 IC 3-7-38.2-7.3(a)) to each individual who uses an identification |
---|
| 142 | + | 15 number from a temporary credential issued under IC 9-24-11-5(c) |
---|
| 143 | + | 16 or IC 9-24-16-3(f) as part of the individual's voter registration |
---|
| 144 | + | 17 application. |
---|
| 145 | + | 18 (b) An individual must provide proof of citizenship to the county |
---|
| 146 | + | 19 voter registration official within thirty (30) days of receiving a |
---|
| 147 | + | 20 notice under subsection (a). |
---|
| 148 | + | 21 (c) If the individual does not provide proof of citizenship within |
---|
| 149 | + | 22 thirty (30) days of receiving a notice under subsection (a), the |
---|
| 150 | + | 23 county voter registration official shall reject the individual's voter |
---|
| 151 | + | 24 registration. |
---|
| 152 | + | 25 (d) The election division shall prescribe the design of the notice |
---|
| 153 | + | 26 required under this section. |
---|
| 154 | + | 27 SECTION 6. IC 3-7-32-2.5 IS ADDED TO THE INDIANA CODE |
---|
| 155 | + | 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 156 | + | 29 1, 2025]: Sec. 2.5. An applicant may not list on the registration |
---|
| 157 | + | 30 form a post office box or a commercially available mailing box as |
---|
| 158 | + | 31 the residence address of the applicant. |
---|
| 159 | + | 32 SECTION 7. IC 3-7-32-7.5 IS ADDED TO THE INDIANA CODE |
---|
| 160 | + | 33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 161 | + | 34 1, 2025]: Sec. 7.5. Except as specifically authorized by this title, an |
---|
| 162 | + | 35 individual may not: |
---|
| 163 | + | 36 (1) print information; or |
---|
| 164 | + | 37 (2) set forth information; |
---|
| 165 | + | 38 on any part of a registration form that will be mailed to another |
---|
| 166 | + | 39 individual. |
---|
| 167 | + | 40 SECTION 8. IC 3-7-34-1.5, AS AMENDED BY P.L.64-2014, |
---|
| 168 | + | 41 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 169 | + | 42 JULY 1, 2025]: Sec. 1.5. (a) For purposes of this chapter, a registration |
---|
| 170 | + | EH 1680—LS 7714/DI 144 4 |
---|
| 171 | + | 1 form is "incomplete" if the applicant does not provide any of the |
---|
| 172 | + | 2 following: |
---|
| 173 | + | 3 (1) The name of the applicant. |
---|
| 174 | + | 4 (2) The residence address of the applicant (other than the ZIP |
---|
| 175 | + | 5 code). |
---|
| 176 | + | 6 (3) The mailing address of the applicant (other than the ZIP code), |
---|
| 177 | + | 7 unless the applicant provides a residence address at which United |
---|
| 178 | + | 8 States Postal Service mail delivery for the applicant can be |
---|
| 179 | + | 9 received. |
---|
| 180 | + | 10 (4) The date of birth of the applicant. |
---|
| 181 | + | 11 (5) The voter identification number of the applicant or a statement |
---|
| 182 | + | 12 that the applicant has no voter identification number. |
---|
| 183 | + | 13 (6) The applicant's response to the question, "Are you a citizen of |
---|
| 184 | + | 14 the United States of America?". |
---|
| 185 | + | 15 (7) The applicant's response to the question, "Will you be at least |
---|
| 186 | + | 16 eighteen (18) years of age on or before election day?". |
---|
| 187 | + | 17 (8) A map, description, or diagram sufficient to permit locating |
---|
| 188 | + | 18 the voter's residence (if the applicant has no residence address |
---|
| 189 | + | 19 with a street number or name included on this application). |
---|
| 190 | + | 20 (9) The signature of the applicant to the statement swearing or |
---|
| 191 | + | 21 affirming that: |
---|
| 192 | + | 22 (A) the applicant meets the requirements for approval of the |
---|
| 193 | + | 23 application; |
---|
| 194 | + | 24 (B) the information and all other statements on the application |
---|
| 195 | + | 25 are true; and |
---|
| 196 | + | 26 (C) the applicant understands if the applicant signs the |
---|
| 197 | + | 27 statement knowing that the statement is not true, the applicant |
---|
| 198 | + | 28 is committing perjury, and understands the penalties for |
---|
| 199 | + | 29 committing perjury. |
---|
| 200 | + | 30 (b) For purposes of this chapter, a registration form is "incomplete" |
---|
| 201 | + | 31 if a person who received a completed application from the applicant |
---|
| 202 | + | 32 does not provide any of the following: |
---|
| 203 | + | 33 (1) The name and residence address of the individual who |
---|
| 204 | + | 34 received the application. |
---|
| 205 | + | 35 (2) The date on which the individual received the application |
---|
| 206 | + | 36 from the applicant. |
---|
| 207 | + | 37 (3) The signature of the individual certifying this information. |
---|
| 208 | + | 38 (c) For purposes of this chapter, a registration form is |
---|
| 209 | + | 39 "incomplete" if the applicant lists on the registration form a post |
---|
| 210 | + | 40 office box or a commercially available mailing box as the residence |
---|
| 211 | + | 41 address of the applicant. |
---|
| 212 | + | 42 (d) For purposes of this chapter, a registration form is |
---|
| 213 | + | EH 1680—LS 7714/DI 144 5 |
---|
| 214 | + | 1 "incomplete" if a county voter registration office determines that |
---|
| 215 | + | 2 the registration form violates IC 3-7-32-7.5. |
---|
| 216 | + | 3 SECTION 9. IC 3-8-2-24, IS ADDED TO THE INDIANA CODE |
---|
| 217 | + | 4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 218 | + | 5 1, 2025]: Sec. 24. If a person receives a completed petition for |
---|
| 219 | + | 6 nomination of a candidate required under this article that the |
---|
| 220 | + | 7 person has reason to believe is materially false, fictitious, or |
---|
| 221 | + | 8 fraudulent, the person shall deliver the petition to the appropriate |
---|
| 222 | + | 9 county election board not later than ten (10) days after the person |
---|
| 223 | + | 10 receives the petition, with a statement sworn or affirmed to under |
---|
| 224 | + | 11 the penalties for perjury, setting forth the reasons why the person |
---|
| 225 | + | 12 believes the petition may be materially false, fictitious, or |
---|
| 226 | + | 13 fraudulent. The county election board shall act under IC 3-6-5-31 |
---|
| 227 | + | 14 to determine if a violation of election law has occurred. |
---|
| 228 | + | 15 SECTION 10. IC 3-10-1-9 IS AMENDED TO READ AS |
---|
| 229 | + | 16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. A voter in a who |
---|
| 230 | + | 17 resides in any precinct may challenge a voter or person who offers to |
---|
| 231 | + | 18 vote at a primary election. The challenged person may not vote unless |
---|
| 232 | + | 19 the challenged person: |
---|
| 233 | + | 20 (1) is registered; |
---|
| 234 | + | 21 (2) makes: |
---|
| 235 | + | 22 (A) an oral or a written affirmation under IC 3-10-12; or |
---|
| 236 | + | 23 (B) an affidavit: |
---|
| 237 | + | 24 (i) that the challenged person is a voter of the precinct; or |
---|
| 238 | + | 25 (ii) required under IC 3-10-11 if the voter declares that the |
---|
| 239 | + | 26 voter is entitled to vote under IC 3-10-11; and |
---|
| 240 | + | 27 (3) either: |
---|
| 241 | + | 28 (A) at the last general election voted for a majority of the |
---|
| 242 | + | 29 regular nominees of the political party for whose candidates |
---|
| 243 | + | 30 the challenged person proposes to vote in the primary election |
---|
| 244 | + | 31 and intends to vote for the regular nominees of the political |
---|
| 245 | + | 32 party at the next general election; or |
---|
| 246 | + | 33 (B) if the challenged person did not vote at the last general |
---|
| 247 | + | 34 election, intends to vote at the next general election for a |
---|
| 248 | + | 35 majority of the regular nominees of the political party holding |
---|
| 249 | + | 36 the primary election. |
---|
| 250 | + | 37 SECTION 11. IC 3-11.5-4-13, AS AMENDED BY P.L.153-2024, |
---|
| 251 | + | 38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 252 | + | 39 JULY 1, 2025]: Sec. 13. (a) If the absentee ballot counters find under |
---|
| 253 | + | 40 section 11 of this chapter that any of the following applies, the ballots |
---|
| 254 | + | 41 shall be rejected: |
---|
| 255 | + | 42 (1) The affidavit is insufficient or that the ballot has not been |
---|
| 256 | + | EH 1680—LS 7714/DI 144 6 |
---|
| 257 | + | 1 endorsed with the initials of: |
---|
| 258 | + | 2 (A) the two (2) members of the absentee voter board in the |
---|
| 259 | + | 3 office of the clerk of the circuit court under IC 3-11-4-19 or |
---|
| 260 | + | 4 IC 3-11-10-27; |
---|
| 261 | + | 5 (B) the two (2) members of the absentee voter board visiting |
---|
| 262 | + | 6 the voter under IC 3-11-10-25; or |
---|
| 263 | + | 7 (C) the two (2) appointed members of the county election |
---|
| 264 | + | 8 board or their designated representatives under IC 3-11-4-19. |
---|
| 265 | + | 9 A scantron complies with the endorsement requirement under this |
---|
| 266 | + | 10 subdivision if the scantron is endorsed with the initials of two (2) |
---|
| 267 | + | 11 members under clause (A), (B), or (C). An affidavit that does |
---|
| 268 | + | 12 not contain an accurate date of signature is insufficient for |
---|
| 269 | + | 13 purposes of this subdivision. |
---|
| 270 | + | 14 (2) The signatures do not correspond or there is no signature, and |
---|
| 271 | + | 15 the signature mismatch or missing signature is not cured by the |
---|
| 272 | + | 16 deadline established under section 13.5 or 13.6 of this chapter. |
---|
| 273 | + | 17 (3) The absentee voter is not a qualified voter in the precinct. |
---|
| 274 | + | 18 (4) The absentee voter has voted in person at the election. |
---|
| 275 | + | 19 (5) The absentee voter has not registered. |
---|
| 276 | + | 20 (6) The ballot is open or has been opened and resealed. This |
---|
| 277 | + | 21 subdivision does not permit an absentee ballot transmitted by fax |
---|
| 278 | + | 22 or electronic mail under IC 3-11-4-6 to be rejected because the |
---|
| 279 | + | 23 ballot was sealed in the absentee ballot envelope by the individual |
---|
| 280 | + | 24 designated by the circuit court to receive absentee ballots |
---|
| 281 | + | 25 transmitted by fax or electronic mail. |
---|
| 282 | + | 26 (7) The ballot envelope contains more than one (1) ballot of any |
---|
| 283 | + | 27 kind for the same office or public question. |
---|
| 284 | + | 28 (8) In case of a primary election, if the absentee voter has not |
---|
| 285 | + | 29 previously voted, the voter failed to execute the proper |
---|
| 286 | + | 30 declaration relative to age and qualifications and the political |
---|
| 287 | + | 31 party with which the voter intends to affiliate. |
---|
| 288 | + | 32 (9) The ballot has been challenged and there is no absentee ballot |
---|
| 289 | + | 33 application from the voter to support the absentee ballot. |
---|
| 290 | + | 34 (b) Subsection (c) applies whenever a voter with a disability is |
---|
| 291 | + | 35 unable to make a signature: |
---|
| 292 | + | 36 (1) on an absentee ballot application that corresponds to the |
---|
| 293 | + | 37 voter's signature in the records of the county voter registration |
---|
| 294 | + | 38 office; or |
---|
| 295 | + | 39 (2) on an absentee ballot security envelope that corresponds with |
---|
| 296 | + | 40 the voter's signature: |
---|
| 297 | + | 41 (A) in the records of the county voter registration office; or |
---|
| 298 | + | 42 (B) on the absentee ballot application. |
---|
| 299 | + | EH 1680—LS 7714/DI 144 7 |
---|
| 300 | + | 1 (c) The voter may request that the voter's signature or mark be |
---|
| 301 | + | 2 attested to by any of the following: |
---|
| 302 | + | 3 (1) The absentee voter board under section 22 of this chapter. |
---|
| 303 | + | 4 (2) A member of the voter's household. |
---|
| 304 | + | 5 (3) An individual serving as attorney in fact for the voter. |
---|
| 305 | + | 6 (d) An attestation under subsection (c) provides an adequate basis |
---|
| 306 | + | 7 for the absentee ballot counters to determine that a signature or mark |
---|
| 307 | + | 8 complies with subsection (a)(2). |
---|
| 308 | + | 9 (e) If the absentee ballot counters are unable to agree on a finding |
---|
| 309 | + | 10 described under this section or section 12 of this chapter, the county |
---|
| 310 | + | 11 election board shall make the finding. |
---|
| 311 | + | 12 (f) This subsection does not apply to an absentee ballot rejected |
---|
| 312 | + | 13 under this section based on a finding that the voter's signature on the |
---|
| 313 | + | 14 absentee ballot security envelope affidavit does not correspond to any |
---|
| 314 | + | 15 signature on the voter's absentee ballot application. The absentee ballot |
---|
| 315 | + | 16 counters or county election board shall issue a certificate to a voter |
---|
| 316 | + | 17 whose ballot has been rejected under this section if the voter appears |
---|
| 317 | + | 18 in person before the board not later than 5 p.m. on election day. The |
---|
| 318 | + | 19 certificate must state that the voter's absentee ballot has been rejected |
---|
| 319 | + | 20 and that the voter may vote in person under section 21 of this chapter |
---|
| 320 | + | 21 if otherwise qualified to vote. |
---|
| 321 | + | 22 SECTION 12. IC 3-12-14-3, AS ADDED BY P.L.34-2019, |
---|
| 322 | + | 23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 323 | + | 24 JULY 1, 2025]: Sec. 3. (a) The secretary of state, with the consent of |
---|
| 324 | + | 25 the co-directors of the election division, may require a procedure audit |
---|
| 325 | + | 26 of an election to be conducted if there is: |
---|
| 326 | + | 27 (1) an investigation under IC 3-6 relating to the election; or |
---|
| 327 | + | 28 (2) a recount of the election under IC 3-12. |
---|
| 328 | + | 29 (b) The secretary of state, with the consent of the co-directors of the |
---|
| 329 | + | 30 election division, may define the scope of a procedure audit under this |
---|
| 330 | + | 31 chapter. |
---|
| 331 | + | 32 (c) Notwithstanding subsection (a), the secretary of state may |
---|
| 332 | + | 33 conduct a procedure audit of a primary or general election after |
---|
| 333 | + | 34 the election occurs. |
---|
| 334 | + | 35 (d) The secretary of state shall: |
---|
| 335 | + | 36 (1) determine the number of counties; and |
---|
| 336 | + | 37 (2) select the counties; |
---|
| 337 | + | 38 subject to a procedure audit under subsection (c). |
---|
| 338 | + | 39 SECTION 13. IC 3-12-14-8 IS ADDED TO THE INDIANA CODE |
---|
| 339 | + | 40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 340 | + | 41 1, 2025]: Sec. 8. (a) The secretary of state shall issue orders to |
---|
| 341 | + | 42 implement and administer the requirements of this chapter. |
---|
| 342 | + | EH 1680—LS 7714/DI 144 8 |
---|
| 343 | + | 1 (b) In issuing an order under subsection (a), the secretary of |
---|
| 344 | + | 2 state shall do the following: |
---|
| 345 | + | 3 (1) Consult with recognized statistical experts, equipment |
---|
| 346 | + | 4 vendors, the election division, and county election officials. |
---|
| 347 | + | 5 (2) Consider best practices for conducting procedure audits. |
---|
| 348 | + | 6 (c) A procedure audit shall be completed not later than the |
---|
| 349 | + | 7 following: |
---|
| 350 | + | 8 (1) If the audit was of the primary election, August 31 of the |
---|
| 351 | + | 9 same year as the primary election. |
---|
| 352 | + | 10 (2) If the audit was of the general election, June 30 of the year |
---|
| 353 | + | 11 following the general election. |
---|
| 354 | + | 12 SECTION 14. IC 3-12-14-9 IS ADDED TO THE INDIANA CODE |
---|
| 355 | + | 13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 356 | + | 14 1, 2025]: Sec. 9. (a) Notwithstanding section 8(c) of this chapter, a |
---|
| 357 | + | 15 procedure audit of the 2024 general election conducted under |
---|
| 358 | + | 16 section 3(c) of this chapter must be completed not later than |
---|
| 359 | + | 17 August 31, 2026. |
---|
| 360 | + | 18 (b) This section expires July 1, 2027. |
---|
| 361 | + | 19 SECTION 15. IC 3-14-1-3 IS AMENDED TO READ AS |
---|
| 362 | + | 20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. An individual, an |
---|
| 363 | + | 21 organization, or a committee that circulates or publishes material in an |
---|
| 364 | + | 22 election without the statement required under IC 3-9-3-2.5 or |
---|
| 365 | + | 23 IC 3-11-4-2(f) commits a Class A misdemeanor. |
---|
| 366 | + | EH 1680—LS 7714/DI 144 9 |
---|
| 367 | + | COMMITTEE REPORT |
---|
| 368 | + | Mr. Speaker: Your Committee on Elections and Apportionment, to |
---|
| 369 | + | which was referred House Bill 1680, has had the same under |
---|
| 370 | + | consideration and begs leave to report the same back to the House with |
---|
| 371 | + | the recommendation that said bill be amended as follows: |
---|
| 372 | + | Page 3, delete lines 27 through 42. |
---|
| 373 | + | Delete page 4. |
---|
| 374 | + | Page 5, delete lines 1 through 37. |
---|
| 375 | + | Page 11, delete lines 2 through 5. |
---|
| 376 | + | Renumber all SECTIONS consecutively. |
---|
| 377 | + | and when so amended that said bill do pass. |
---|
| 378 | + | (Reference is to HB 1680 as introduced.) |
---|
| 379 | + | WESCO |
---|
| 380 | + | Committee Vote: yeas 8, nays 2. |
---|
| 381 | + | _____ |
---|
| 382 | + | COMMITTEE REPORT |
---|
| 383 | + | Mr. President: The Senate Committee on Elections, to which was |
---|
| 384 | + | referred House Bill No. 1680, has had the same under consideration |
---|
| 385 | + | and begs leave to report the same back to the Senate with the |
---|
| 386 | + | recommendation that said bill be AMENDED as follows: |
---|
| 387 | + | Page 3, delete lines 32 through 42, begin a new paragraph and |
---|
| 388 | + | insert: |
---|
| 389 | + | "SECTION 7. IC 3-7-32-7.5 IS ADDED TO THE INDIANA CODE |
---|
179 | | - | individual. |
---|
180 | | - | SECTION 12. IC 3-7-34-1.5, AS AMENDED BY P.L.64-2014, |
---|
181 | | - | SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
182 | | - | JULY 1, 2025]: Sec. 1.5. (a) For purposes of this chapter, a registration |
---|
183 | | - | form is "incomplete" if the applicant does not provide any of the |
---|
184 | | - | following: |
---|
185 | | - | (1) The name of the applicant. |
---|
186 | | - | (2) The residence address of the applicant (other than the ZIP |
---|
187 | | - | code). |
---|
188 | | - | (3) The mailing address of the applicant (other than the ZIP code), |
---|
189 | | - | unless the applicant provides a residence address at which United |
---|
190 | | - | States Postal Service mail delivery for the applicant can be |
---|
191 | | - | received. |
---|
192 | | - | (4) The date of birth of the applicant. |
---|
193 | | - | (5) The voter identification number of the applicant or a statement |
---|
194 | | - | that the applicant has no voter identification number. |
---|
195 | | - | (6) The applicant's response to the question, "Are you a citizen of |
---|
196 | | - | the United States of America?". |
---|
197 | | - | (7) The applicant's response to the question, "Will you be at least |
---|
198 | | - | eighteen (18) years of age on or before election day?". |
---|
199 | | - | (8) A map, description, or diagram sufficient to permit locating |
---|
200 | | - | the voter's residence (if the applicant has no residence address |
---|
201 | | - | with a street number or name included on this application). |
---|
202 | | - | (9) The signature of the applicant to the statement swearing or |
---|
203 | | - | affirming that: |
---|
204 | | - | (A) the applicant meets the requirements for approval of the |
---|
205 | | - | application; |
---|
206 | | - | HEA 1680 — CC 1 6 |
---|
207 | | - | (B) the information and all other statements on the application |
---|
208 | | - | are true; and |
---|
209 | | - | (C) the applicant understands if the applicant signs the |
---|
210 | | - | statement knowing that the statement is not true, the applicant |
---|
211 | | - | is committing perjury, and understands the penalties for |
---|
212 | | - | committing perjury. |
---|
213 | | - | (b) For purposes of this chapter, a registration form is "incomplete" |
---|
214 | | - | if a person who received a completed application from the applicant |
---|
215 | | - | does not provide any of the following: |
---|
216 | | - | (1) The name and residence address of the individual who |
---|
217 | | - | received the application. |
---|
218 | | - | (2) The date on which the individual received the application |
---|
219 | | - | from the applicant. |
---|
220 | | - | (3) The signature of the individual certifying this information. |
---|
221 | | - | (c) For purposes of this chapter, a registration form is |
---|
222 | | - | "incomplete" if the applicant lists on the registration form a post |
---|
223 | | - | office box or a commercially available mailing box as the residence |
---|
224 | | - | address of the applicant. |
---|
225 | | - | (d) For purposes of this chapter, a registration form is |
---|
226 | | - | "incomplete" if a county voter registration office determines that |
---|
227 | | - | the registration form violates IC 3-7-32-7.5. |
---|
228 | | - | SECTION 13. IC 3-8-2-24, IS ADDED TO THE INDIANA CODE |
---|
229 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
230 | | - | 1, 2025]: Sec. 24. If a person receives a completed petition for |
---|
231 | | - | nomination of a candidate required under this article that the |
---|
232 | | - | person has reason to believe is materially false, fictitious, or |
---|
233 | | - | fraudulent, the person shall deliver the petition to the appropriate |
---|
234 | | - | county election board not later than ten (10) days after the person |
---|
235 | | - | receives the petition, with a statement sworn or affirmed to under |
---|
236 | | - | the penalties for perjury, setting forth the reasons why the person |
---|
237 | | - | believes the petition may be materially false, fictitious, or |
---|
238 | | - | fraudulent. The county election board shall act under IC 3-6-5-31 |
---|
239 | | - | to determine if a violation of election law has occurred. |
---|
240 | | - | SECTION 14. IC 3-9-2-5 IS AMENDED TO READ AS FOLLOWS |
---|
241 | | - | [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) A contribution: |
---|
242 | | - | (1) authorized under subsection (c) or section 4 of this chapter; |
---|
243 | | - | (2) to a committee by a corporation or labor organization; and |
---|
244 | | - | (3) designated by that corporation or labor organization for |
---|
245 | | - | disbursement to a specific candidate, central committee, or other |
---|
246 | | - | regular party committee; |
---|
247 | | - | is subject to the limitations in section 4 of this chapter. |
---|
248 | | - | (b) A corporation or labor organization may make a donation to |
---|
249 | | - | HEA 1680 — CC 1 7 |
---|
250 | | - | cover any amount of administrative costs (as described in |
---|
251 | | - | IC 3-5-2-15(e)) IC 3-5-2-15(f)) to a political action committee |
---|
252 | | - | established and controlled by the corporation or labor organization. A |
---|
253 | | - | donation made under this subsection is not considered a contribution |
---|
254 | | - | or an expenditure by the corporation or labor organization. |
---|
255 | | - | (c) A corporation or labor organization may make a contribution to |
---|
256 | | - | a political action committee if the contribution: |
---|
257 | | - | (1) does not exceed any of the limits prescribed under section 4 |
---|
258 | | - | of this chapter; and |
---|
259 | | - | (2) is designated for disbursement to a specific candidate or |
---|
260 | | - | committee listed under section 4 of this chapter. |
---|
261 | | - | SECTION 15. IC 3-9-3-5 IS AMENDED TO READ AS FOLLOWS |
---|
262 | | - | [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This section does not apply |
---|
263 | | - | to the following: |
---|
264 | | - | (1) A communication relating to an election to a federal office. |
---|
265 | | - | (2) A person whose sole act is, in the normal course of business, |
---|
266 | | - | participating in the preparation, printing, distribution, or |
---|
267 | | - | broadcast of the advertising or material containing the false |
---|
268 | | - | representation. |
---|
269 | | - | (b) As used in this section, "officeholder" refers to a person who |
---|
270 | | - | holds an elected office. |
---|
271 | | - | (c) A person may not knowingly or intentionally authorize, finance, |
---|
272 | | - | sponsor, or participate in the preparation, distribution, or broadcast of |
---|
273 | | - | paid political advertising or campaign material that falsely represents |
---|
274 | | - | that a candidate in any election is or has been an officeholder. |
---|
275 | | - | (d) For purposes of subsection (c), paid political advertising or |
---|
276 | | - | campaign material that: |
---|
277 | | - | (1) contains only: |
---|
278 | | - | (A) a candidate's name; and |
---|
279 | | - | (B) the office to which the candidate seeks election; and |
---|
280 | | - | (2) does not contain the words "elect", "vote", or "for"; |
---|
281 | | - | does not falsely represent that the candidate is or has been an |
---|
282 | | - | officeholder. |
---|
283 | | - | SECTION 16. IC 3-9-5-14 IS AMENDED TO READ AS |
---|
284 | | - | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) As used in this |
---|
285 | | - | section, "threshold contribution amount" refers to the following: |
---|
286 | | - | (1) For contributions made to a candidate's committee, a |
---|
287 | | - | legislative caucus committee, or a political action committee, one |
---|
288 | | - | hundred dollars ($100). |
---|
289 | | - | (2) For contributions made to a regular party committee, two |
---|
290 | | - | hundred dollars ($200). |
---|
291 | | - | (b) The report of each committee's treasurer must disclose the |
---|
292 | | - | HEA 1680 — CC 1 8 |
---|
293 | | - | following: |
---|
294 | | - | (1) The amount of cash on hand and the value of any investments |
---|
295 | | - | made by the committee at the beginning of the reporting period. |
---|
296 | | - | (2) The total sum of individual contributions including |
---|
297 | | - | transfers-in, accepted by the committee during its reporting |
---|
298 | | - | period. |
---|
299 | | - | (3) The following information regarding each person who has |
---|
300 | | - | made one (1) or more contributions within the year, in an |
---|
301 | | - | aggregate amount that exceeds the threshold contribution amount |
---|
302 | | - | in actual value to or for the committee, including the purchase of |
---|
303 | | - | tickets for events such as dinners, luncheons, rallies, and similar |
---|
304 | | - | fundraising events: |
---|
305 | | - | (A) The full name of the person. |
---|
306 | | - | (B) The full mailing address of the person making the |
---|
307 | | - | contribution. |
---|
308 | | - | (C) The person's occupation, if the person is an individual who |
---|
309 | | - | has made contributions to the committee of at least one |
---|
310 | | - | thousand dollars ($1,000) during the calendar year. |
---|
311 | | - | (D) The date and amount of each contribution. |
---|
312 | | - | (4) The name and address of each committee from which the |
---|
313 | | - | reporting committee received, or to which that committee made, |
---|
314 | | - | a transfer of funds, together with the amounts and dates of all |
---|
315 | | - | transfers. |
---|
316 | | - | (5) If the reporting committee is a candidate's committee, the |
---|
317 | | - | following information about each other committee that has |
---|
318 | | - | reported expenditures to the reporting candidate's committee |
---|
319 | | - | under section 15 of this chapter: |
---|
320 | | - | (A) The name and address of the other committee. |
---|
321 | | - | (B) The amount of expenditures reported by the other |
---|
322 | | - | committee. |
---|
323 | | - | (C) The date of the expenditures reported by the other |
---|
324 | | - | committee. |
---|
325 | | - | (D) The purpose of the expenditures reported by the other |
---|
326 | | - | committee. |
---|
327 | | - | (6) Each loan to or from a person within the reporting period |
---|
328 | | - | together with the following information: |
---|
329 | | - | (A) The full names and mailing addresses of the lender and |
---|
330 | | - | endorsers, if any. |
---|
331 | | - | (B) The person's occupation, if the person is an individual who |
---|
332 | | - | has made loans of at least one thousand dollars ($1,000) to the |
---|
333 | | - | committee during the calendar year. |
---|
334 | | - | (C) The date and amount of the loans. |
---|
335 | | - | HEA 1680 — CC 1 9 |
---|
336 | | - | (7) The total sum of all receipts of the committee during the |
---|
337 | | - | reporting period. |
---|
338 | | - | (8) The full name, mailing address, occupation, and principal |
---|
339 | | - | place of business, if any, of each person other than a committee |
---|
340 | | - | to whom an expenditure was made by the committee or on behalf |
---|
341 | | - | of the committee within the year in an aggregate amount that: |
---|
342 | | - | (A) exceeds one hundred dollars ($100), in the case of a |
---|
343 | | - | candidate's committee, legislative caucus committee, or |
---|
344 | | - | political action committee; or |
---|
345 | | - | (B) exceeds two hundred dollars ($200), in the case of a |
---|
346 | | - | regular party committee. |
---|
347 | | - | (9) The name, address, and office sought by each candidate for |
---|
348 | | - | whom any expenditure was made or a statement identifying the |
---|
349 | | - | public question for which any expenditure was made, including |
---|
350 | | - | the amount, date, and purpose of each expenditure. |
---|
351 | | - | (10) The full name, mailing address, occupation, and principal |
---|
352 | | - | place of business, if any, of each person to whom an expenditure |
---|
353 | | - | for personal services, salaries, or reimbursed expenses was made |
---|
354 | | - | within the year in an aggregate amount that: |
---|
355 | | - | (A) exceeds one hundred dollars ($100), in the case of a |
---|
356 | | - | candidate's committee, legislative caucus committee, or |
---|
357 | | - | political action committee; or |
---|
358 | | - | (B) exceeds two hundred dollars ($200), in the case of a |
---|
359 | | - | regular party committee; |
---|
360 | | - | and that is not otherwise reported, including the amount, date, and |
---|
361 | | - | purpose of the expenditure. |
---|
362 | | - | (11) The total sum of expenditures made by the committee during |
---|
363 | | - | the reporting period. |
---|
364 | | - | (12) The amount and nature of debts owed by or to the committee, |
---|
365 | | - | and a continuous reporting of the debts after the election at the |
---|
366 | | - | times required under this article until the debts are extinguished. |
---|
367 | | - | (c) If a committee: |
---|
368 | | - | (1) obtains a contribution; |
---|
369 | | - | (2) determines that the contribution should not be accepted by the |
---|
370 | | - | committee; and |
---|
371 | | - | (3) does not receive and accept the contribution under |
---|
372 | | - | IC 3-9-1-25(b); |
---|
373 | | - | the committee must return the contribution to the person who made the |
---|
374 | | - | contribution. A returned contribution is not required to be listed on the |
---|
375 | | - | report of the committee's treasurer. However, if the committee receives |
---|
376 | | - | and deposits the contribution under IC 3-9-1-25(b) and subsequently |
---|
377 | | - | determines that the contribution should be refunded, the receipt and |
---|
378 | | - | HEA 1680 — CC 1 10 |
---|
379 | | - | refund of the contribution must be listed on the report of the |
---|
380 | | - | committee's treasurer. |
---|
381 | | - | (d) This subsection applies to a contribution made through a |
---|
382 | | - | payment platform that acts as a conduit. The information disclosed |
---|
383 | | - | under subsection (b) must include the total amount of the |
---|
384 | | - | contribution made through the payment platform, before any fees |
---|
385 | | - | or charges are applied by the payment platform. The committee |
---|
386 | | - | must also report as expenditures under subsection (b) any fees or |
---|
387 | | - | charges assessed by the payment platform to the committee to use |
---|
388 | | - | the platform, accept contributions, or transfer contributions to the |
---|
389 | | - | committee's bank account. |
---|
390 | | - | SECTION 17. IC 3-10-1-9 IS AMENDED TO READ AS |
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391 | | - | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. A voter in a who |
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392 | | - | resides in any precinct may challenge a voter or person who offers to |
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393 | | - | vote at a primary election. The challenged person may not vote unless |
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394 | | - | the challenged person: |
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395 | | - | (1) is registered; |
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396 | | - | (2) makes: |
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397 | | - | (A) an oral or a written affirmation under IC 3-10-12; or |
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398 | | - | (B) an affidavit: |
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399 | | - | (i) that the challenged person is a voter of the precinct; or |
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400 | | - | (ii) required under IC 3-10-11 if the voter declares that the |
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401 | | - | voter is entitled to vote under IC 3-10-11; and |
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402 | | - | (3) either: |
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403 | | - | (A) at the last general election voted for a majority of the |
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404 | | - | regular nominees of the political party for whose candidates |
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405 | | - | the challenged person proposes to vote in the primary election |
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406 | | - | and intends to vote for the regular nominees of the political |
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407 | | - | party at the next general election; or |
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408 | | - | (B) if the challenged person did not vote at the last general |
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409 | | - | election, intends to vote at the next general election for a |
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410 | | - | majority of the regular nominees of the political party holding |
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411 | | - | the primary election. |
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412 | | - | SECTION 18. IC 3-11.5-4-13, AS AMENDED BY P.L.153-2024, |
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413 | | - | SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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414 | | - | JULY 1, 2025]: Sec. 13. (a) If the absentee ballot counters find under |
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415 | | - | section 11 of this chapter that any of the following applies, the ballots |
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416 | | - | shall be rejected: |
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417 | | - | (1) The affidavit is insufficient or that the ballot has not been |
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418 | | - | endorsed with the initials of: |
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419 | | - | (A) the two (2) members of the absentee voter board in the |
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420 | | - | office of the clerk of the circuit court under IC 3-11-4-19 or |
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421 | | - | HEA 1680 — CC 1 11 |
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422 | | - | IC 3-11-10-27; |
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423 | | - | (B) the two (2) members of the absentee voter board visiting |
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424 | | - | the voter under IC 3-11-10-25; or |
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425 | | - | (C) the two (2) appointed members of the county election |
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426 | | - | board or their designated representatives under IC 3-11-4-19. |
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427 | | - | A scantron complies with the endorsement requirement under this |
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428 | | - | subdivision if the scantron is endorsed with the initials of two (2) |
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429 | | - | members under clause (A), (B), or (C). An affidavit that does |
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430 | | - | not contain an accurate date of signature is insufficient for |
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431 | | - | purposes of this subdivision. |
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432 | | - | (2) The signatures do not correspond or there is no signature, and |
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433 | | - | the signature mismatch or missing signature is not cured by the |
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434 | | - | deadline established under section 13.5 or 13.6 of this chapter. |
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435 | | - | (3) The absentee voter is not a qualified voter in the precinct. |
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436 | | - | (4) The absentee voter has voted in person at the election. |
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437 | | - | (5) The absentee voter has not registered. |
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438 | | - | (6) The ballot is open or has been opened and resealed. This |
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439 | | - | subdivision does not permit an absentee ballot transmitted by fax |
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440 | | - | or electronic mail under IC 3-11-4-6 to be rejected because the |
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441 | | - | ballot was sealed in the absentee ballot envelope by the individual |
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442 | | - | designated by the circuit court to receive absentee ballots |
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443 | | - | transmitted by fax or electronic mail. |
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444 | | - | (7) The ballot envelope contains more than one (1) ballot of any |
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445 | | - | kind for the same office or public question. |
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446 | | - | (8) In case of a primary election, if the absentee voter has not |
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447 | | - | previously voted, the voter failed to execute the proper |
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448 | | - | declaration relative to age and qualifications and the political |
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449 | | - | party with which the voter intends to affiliate. |
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450 | | - | (9) The ballot has been challenged and there is no absentee ballot |
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451 | | - | application from the voter to support the absentee ballot. |
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452 | | - | (b) Subsection (c) applies whenever a voter with a disability is |
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453 | | - | unable to make a signature: |
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454 | | - | (1) on an absentee ballot application that corresponds to the |
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455 | | - | voter's signature in the records of the county voter registration |
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456 | | - | office; or |
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457 | | - | (2) on an absentee ballot security envelope that corresponds with |
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458 | | - | the voter's signature: |
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459 | | - | (A) in the records of the county voter registration office; or |
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460 | | - | (B) on the absentee ballot application. |
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461 | | - | (c) The voter may request that the voter's signature or mark be |
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462 | | - | attested to by any of the following: |
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463 | | - | (1) The absentee voter board under section 22 of this chapter. |
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464 | | - | HEA 1680 — CC 1 12 |
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465 | | - | (2) A member of the voter's household. |
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466 | | - | (3) An individual serving as attorney in fact for the voter. |
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467 | | - | (d) An attestation under subsection (c) provides an adequate basis |
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468 | | - | for the absentee ballot counters to determine that a signature or mark |
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469 | | - | complies with subsection (a)(2). |
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470 | | - | (e) If the absentee ballot counters are unable to agree on a finding |
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471 | | - | described under this section or section 12 of this chapter, the county |
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472 | | - | election board shall make the finding. |
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473 | | - | (f) This subsection does not apply to an absentee ballot rejected |
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474 | | - | under this section based on a finding that the voter's signature on the |
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475 | | - | absentee ballot security envelope affidavit does not correspond to any |
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476 | | - | signature on the voter's absentee ballot application. The absentee ballot |
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477 | | - | counters or county election board shall issue a certificate to a voter |
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478 | | - | whose ballot has been rejected under this section if the voter appears |
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479 | | - | in person before the board not later than 5 p.m. on election day. The |
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480 | | - | certificate must state that the voter's absentee ballot has been rejected |
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481 | | - | and that the voter may vote in person under section 21 of this chapter |
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482 | | - | if otherwise qualified to vote. |
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483 | | - | SECTION 19. IC 3-12-14-3, AS ADDED BY P.L.34-2019, |
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484 | | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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485 | | - | JULY 1, 2025]: Sec. 3. (a) The secretary of state, with the consent of |
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486 | | - | the co-directors of the election division, may require a procedure audit |
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487 | | - | of an election to be conducted if there is: |
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488 | | - | (1) an investigation under IC 3-6 relating to the election; or |
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489 | | - | (2) a recount of the election under IC 3-12. |
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490 | | - | (b) The secretary of state, with the consent of the co-directors of the |
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491 | | - | election division, may define the scope of a procedure audit under this |
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492 | | - | chapter. |
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493 | | - | (c) Notwithstanding subsection (a), the secretary of state may |
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494 | | - | conduct a procedure audit of a primary or general election after |
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495 | | - | the election occurs. |
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496 | | - | (d) The secretary of state shall: |
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497 | | - | (1) determine the number of counties; and |
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498 | | - | (2) select the counties; |
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499 | | - | subject to a procedure audit under subsection (c). |
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500 | | - | SECTION 20. IC 3-12-14-8 IS ADDED TO THE INDIANA CODE |
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501 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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502 | | - | 1, 2025]: Sec. 8. (a) The secretary of state shall issue orders to |
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503 | | - | implement and administer the requirements of this chapter. |
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504 | | - | (b) In issuing an order under subsection (a), the secretary of |
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505 | | - | state shall do the following: |
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506 | | - | (1) Consult with recognized statistical experts, equipment |
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507 | | - | HEA 1680 — CC 1 13 |
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508 | | - | vendors, the election division, and county election officials. |
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509 | | - | (2) Consider best practices for conducting procedure audits. |
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510 | | - | (c) A procedure audit shall be completed not later than the |
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511 | | - | following: |
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512 | | - | (1) If the audit was of the primary election, August 31 of the |
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513 | | - | same year as the primary election. |
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514 | | - | (2) If the audit was of the general election, June 30 of the year |
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515 | | - | following the general election. |
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516 | | - | SECTION 21. IC 3-12-14-9 IS ADDED TO THE INDIANA CODE |
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517 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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518 | | - | 1, 2025]: Sec. 9. (a) Notwithstanding section 8(c) of this chapter, a |
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519 | | - | procedure audit of the 2024 general election conducted under |
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520 | | - | section 3(c) of this chapter must be completed not later than |
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521 | | - | August 31, 2026. |
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522 | | - | (b) This section expires July 1, 2027. |
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523 | | - | SECTION 22. IC 3-14-1-3 IS AMENDED TO READ AS |
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524 | | - | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. An individual, an |
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525 | | - | organization, or a committee that circulates or publishes material in an |
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526 | | - | election without the statement required under IC 3-9-3-2.5 or |
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527 | | - | IC 3-11-4-2(f) commits a Class A misdemeanor. |
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528 | | - | HEA 1680 — CC 1 Speaker of the House of Representatives |
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529 | | - | President of the Senate |
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530 | | - | President Pro Tempore |
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531 | | - | Governor of the State of Indiana |
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532 | | - | Date: Time: |
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533 | | - | HEA 1680 — CC 1 |
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| 396 | + | individual.". |
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| 397 | + | Renumber all SECTIONS consecutively. |
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| 398 | + | and when so amended that said bill do pass. |
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| 399 | + | (Reference is to HB 1680 as printed February 6, 2025.) |
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| 400 | + | EH 1680—LS 7714/DI 144 10 |
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| 401 | + | GASKILL, Chairperson |
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| 402 | + | Committee Vote: Yeas 6, Nays 2. |
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| 403 | + | _____ |
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| 404 | + | SENATE MOTION |
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| 405 | + | Mr. President: I move that Engrossed House Bill 1680 be amended |
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| 406 | + | to read as follows: |
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| 407 | + | Page 5, delete lines 3 through 8. |
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| 408 | + | Renumber all SECTIONS consecutively. |
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| 409 | + | (Reference is to EHB 1680 as printed April 1, 2025.) |
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| 410 | + | GASKILL |
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| 411 | + | EH 1680—LS 7714/DI 144 |
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