First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1680
AN ACT to amend the Indiana Code concerning elections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-5-2-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2.5. "Auxiliary party
organization" means an organization located within or outside Indiana
that:
(1) is affiliated with a political party;
(2) proposes to influence the election of a candidate for state,
legislative, local, or school board office, or the outcome of a
public question; and
(3) has not:
(A) had an annual budget expenditure of five ten thousand
dollars ($5,000) ($10,000) or more in at least one (1) of the
last two (2) years; or
(B) made a contribution of more than one thousand dollars
($1,000) to another committee or to a candidate.
SECTION 2. 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:
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(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 funds are transferred from one (1) committee to
another, 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) The term defined in subsection (a) includes a donation of
property (as defined in IC 35-31.5-2-253):
(1) that satisfies subsection (a)(1) and (a)(2); and
(2) through a payment platform that acts as a conduit.
(d) (e) 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) (f) 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 3. IC 3-5-4-12.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 12.5. (a) Each county shall submit the following to the
secretary of state:
(1) The name of the county's information technology provider.
(2) Contact information for the provider listed in subdivision
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(1).
(b) Each county shall notify the secretary of state of any change
in the information provided under subsection (a).
SECTION 4. IC 3-6-4.1-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 25. The commission
may do any of the following hold hearings under IC 4-21.5 to
administer Indiana election law.
(1) Hold hearings under IC 4-21.5.
(2) Issue advisory opinions.
SECTION 5. IC 3-6-4.1-26 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 26. An advisory opinion issued by the commission
before July 1, 2025, is void.
SECTION 6. IC 3-6-7-5, AS AMENDED BY P.L.230-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) A pollbook holder or a challenger appointed
under this chapter is entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening
of the polls and remain there throughout election day until the
polls close.
(2) Enter, leave, and reenter the polls at any time on election day.
(b) A pollbook holder or a challenger is subject to the orders of the
board while in the polls.
(c) If demanded by a member of the precinct election board, a
pollbook holder or a challenger shall produce the identification card
issued under section 1(d) of this chapter.
(d) Subject to the restrictions under section 1 of this chapter, a
pollbook holder or challenger appointed under this chapter may
enter, leave, and reenter multiple polling places at any time on
election day.
SECTION 7. IC 3-6-8-4, AS AMENDED BY P.L.209-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A watcher appointed under this chapter is
entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening
of the polls and remain there throughout election day until all
tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or
electronic voting system before votes have been cast.
(3) Inspect the work being done by any precinct election officer
(except when a precinct election officer enters a confidential login
or password to obtain access to an electronic poll book or to
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operate a voting system).
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other
proceedings of the precinct election officers in the performance
of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15,
IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the
precinct election board, providing:
(A) the names of all candidates of the political party whose
primary election is being observed by the watcher and the
number of votes cast for each candidate;
(B) the names of all candidates at a general, municipal, or
special election and the number of votes cast for each
candidate; or
(C) the vote cast for or against a public question.
(7) Accompany the inspector and judge in delivering the
tabulation and election returns to the county election board by the
most direct route.
(8) Be present when the inspector takes a receipt for the
tabulation and election returns delivered to the county election
board.
(b) Subject to the restrictions under section 1 of this chapter, a
watcher appointed under this chapter may enter, leave, and
reenter multiple polling places at any time on election day.
SECTION 8. IC 3-6-8-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. The county election board shall
provide blank certificates for the summaries required by section 4(6)
4(a)(6) of this chapter.
SECTION 9. IC 3-7-26.3-37 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 37. (a) The county voter registration official shall
send a notice requesting proof of citizenship (as defined in
IC 3-7-38.2-7.3(a)) to each individual who uses an identification
number from a temporary credential issued under IC 9-24-11-5(c)
or IC 9-24-16-3(f) as part of the individual's voter registration
application.
(b) An individual must provide proof of citizenship to the county
voter registration official within thirty (30) days of receiving a
notice under subsection (a).
(c) If the individual does not provide proof of citizenship within
thirty (30) days of receiving a notice under subsection (a), the
county voter registration official shall reject the individual's voter
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registration.
(d) The election division shall prescribe the design of the notice
required under this section.
SECTION 10. IC 3-7-32-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 2.5. An applicant may not list on the registration
form a post office box or a commercially available mailing box as
the residence address of the applicant.
SECTION 11. IC 3-7-32-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 7.5. Except as specifically authorized by this title, an
individual may not:
(1) print information; or
(2) set forth information;
on any part of a registration form that will be mailed to another
individual.
SECTION 12. IC 3-7-34-1.5, AS AMENDED BY P.L.64-2014,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.5. (a) For purposes of this chapter, a registration
form is "incomplete" if the applicant does not provide any of the
following:
(1) The name of the applicant.
(2) The residence address of the applicant (other than the ZIP
code).
(3) The mailing address of the applicant (other than the ZIP code),
unless the applicant provides a residence address at which United
States Postal Service mail delivery for the applicant can be
received.
(4) The date of birth of the applicant.
(5) The voter identification number of the applicant or a statement
that the applicant has no voter identification number.
(6) The applicant's response to the question, "Are you a citizen of
the United States of America?".
(7) The applicant's response to the question, "Will you be at least
eighteen (18) years of age on or before election day?".
(8) A map, description, or diagram sufficient to permit locating
the voter's residence (if the applicant has no residence address
with a street number or name included on this application).
(9) The signature of the applicant to the statement swearing or
affirming that:
(A) the applicant meets the requirements for approval of the
application;
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(B) the information and all other statements on the application
are true; and
(C) the applicant understands if the applicant signs the
statement knowing that the statement is not true, the applicant
is committing perjury, and understands the penalties for
committing perjury.
(b) For purposes of this chapter, a registration form is "incomplete"
if a person who received a completed application from the applicant
does not provide any of the following:
(1) The name and residence address of the individual who
received the application.
(2) The date on which the individual received the application
from the applicant.
(3) The signature of the individual certifying this information.
(c) For purposes of this chapter, a registration form is
"incomplete" if the applicant lists on the registration form a post
office box or a commercially available mailing box as the residence
address of the applicant.
(d) For purposes of this chapter, a registration form is
"incomplete" if a county voter registration office determines that
the registration form violates IC 3-7-32-7.5.
SECTION 13. IC 3-8-2-24, IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 24. If a person receives a completed petition for
nomination of a candidate required under this article that the
person has reason to believe is materially false, fictitious, or
fraudulent, the person shall deliver the petition to the appropriate
county election board not later than ten (10) days after the person
receives the petition, with a statement sworn or affirmed to under
the penalties for perjury, setting forth the reasons why the person
believes the petition may be materially false, fictitious, or
fraudulent. The county election board shall act under IC 3-6-5-31
to determine if a violation of election law has occurred.
SECTION 14. IC 3-9-2-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) A contribution:
(1) authorized under subsection (c) or section 4 of this chapter;
(2) to a committee by a corporation or labor organization; and
(3) designated by that corporation or labor organization for
disbursement to a specific candidate, central committee, or other
regular party committee;
is subject to the limitations in section 4 of this chapter.
(b) A corporation or labor organization may make a donation to
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cover any amount of administrative costs (as described in
IC 3-5-2-15(e)) IC 3-5-2-15(f)) to a political action committee
established and controlled by the corporation or labor organization. A
donation made under this subsection is not considered a contribution
or an expenditure by the corporation or labor organization.
(c) A corporation or labor organization may make a contribution to
a political action committee if the contribution:
(1) does not exceed any of the limits prescribed under section 4
of this chapter; and
(2) is designated for disbursement to a specific candidate or
committee listed under section 4 of this chapter.
SECTION 15. IC 3-9-3-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This section does not apply
to the following:
(1) A communication relating to an election to a federal office.
(2) A person whose sole act is, in the normal course of business,
participating in the preparation, printing, distribution, or
broadcast of the advertising or material containing the false
representation.
(b) As used in this section, "officeholder" refers to a person who
holds an elected office.
(c) A person may not knowingly or intentionally authorize, finance,
sponsor, or participate in the preparation, distribution, or broadcast of
paid political advertising or campaign material that falsely represents
that a candidate in any election is or has been an officeholder.
(d) For purposes of subsection (c), paid political advertising or
campaign material that:
(1) contains only:
(A) a candidate's name; and
(B) the office to which the candidate seeks election; and
(2) does not contain the words "elect", "vote", or "for";
does not falsely represent that the candidate is or has been an
officeholder.
SECTION 16. 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
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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.
(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.
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(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
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
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refund of the contribution must be listed on the report of the
committee's treasurer.
(d) This subsection applies to a contribution made through a
payment platform that acts as a conduit. The information disclosed
under subsection (b) must include the total amount of the
contribution made through the payment platform, before any fees
or charges are applied by the payment platform. The committee
must also report as expenditures under subsection (b) any fees or
charges assessed by the payment platform to the committee to use
the platform, accept contributions, or transfer contributions to the
committee's bank account.
SECTION 17. IC 3-10-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. A voter in a who
resides in any precinct may challenge a voter or person who offers to
vote at a primary election. The challenged person may not vote unless
the challenged person:
(1) is registered;
(2) makes:
(A) an oral or a written affirmation under IC 3-10-12; or
(B) an affidavit:
(i) that the challenged person is a voter of the precinct; or
(ii) required under IC 3-10-11 if the voter declares that the
voter is entitled to vote under IC 3-10-11; and
(3) either:
(A) at the last general election voted for a majority of the
regular nominees of the political party for whose candidates
the challenged person proposes to vote in the primary election
and intends to vote for the regular nominees of the political
party at the next general election; or
(B) if the challenged person did not vote at the last general
election, intends to vote at the next general election for a
majority of the regular nominees of the political party holding
the primary election.
SECTION 18. IC 3-11.5-4-13, AS AMENDED BY P.L.153-2024,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) If the absentee ballot counters find under
section 11 of this chapter that any of the following applies, the ballots
shall be rejected:
(1) The affidavit is insufficient or that the ballot has not been
endorsed with the initials of:
(A) the two (2) members of the absentee voter board in the
office of the clerk of the circuit court under IC 3-11-4-19 or
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IC 3-11-10-27;
(B) the two (2) members of the absentee voter board visiting
the voter under IC 3-11-10-25; or
(C) the two (2) appointed members of the county election
board or their designated representatives under IC 3-11-4-19.
A scantron complies with the endorsement requirement under this
subdivision if the scantron is endorsed with the initials of two (2)
members under clause (A), (B), or (C). An affidavit that does
not contain an accurate date of signature is insufficient for
purposes of this subdivision.
(2) The signatures do not correspond or there is no signature, and
the signature mismatch or missing signature is not cured by the
deadline established under section 13.5 or 13.6 of this chapter.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This
subdivision does not permit an absentee ballot transmitted by fax
or electronic mail under IC 3-11-4-6 to be rejected because the
ballot was sealed in the absentee ballot envelope by the individual
designated by the circuit court to receive absentee ballots
transmitted by fax or electronic mail.
(7) The ballot envelope contains more than one (1) ballot of any
kind for the same office or public question.
(8) In case of a primary election, if the absentee voter has not
previously voted, the voter failed to execute the proper
declaration relative to age and qualifications and the political
party with which the voter intends to affiliate.
(9) The ballot has been challenged and there is no absentee ballot
application from the voter to support the absentee ballot.
(b) Subsection (c) applies whenever a voter with a disability is
unable to make a signature:
(1) on an absentee ballot application that corresponds to the
voter's signature in the records of the county voter registration
office; or
(2) on an absentee ballot security envelope that corresponds with
the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be
attested to by any of the following:
(1) The absentee voter board under section 22 of this chapter.
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(2) A member of the voter's household.
(3) An individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis
for the absentee ballot counters to determine that a signature or mark
complies with subsection (a)(2).
(e) If the absentee ballot counters are unable to agree on a finding
described under this section or section 12 of this chapter, the county
election board shall make the finding.
(f) This subsection does not apply to an absentee ballot rejected
under this section based on a finding that the voter's signature on the
absentee ballot security envelope affidavit does not correspond to any
signature on the voter's absentee ballot application. The absentee ballot
counters or county election board shall issue a certificate to a voter
whose ballot has been rejected under this section if the voter appears
in person before the board not later than 5 p.m. on election day. The
certificate must state that the voter's absentee ballot has been rejected
and that the voter may vote in person under section 21 of this chapter
if otherwise qualified to vote.
SECTION 19. IC 3-12-14-3, AS ADDED BY P.L.34-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) The secretary of state, with the consent of
the co-directors of the election division, may require a procedure audit
of an election to be conducted if there is:
(1) an investigation under IC 3-6 relating to the election; or
(2) a recount of the election under IC 3-12.
(b) The secretary of state, with the consent of the co-directors of the
election division, may define the scope of a procedure audit under this
chapter.
(c) Notwithstanding subsection (a), the secretary of state may
conduct a procedure audit of a primary or general election after
the election occurs.
(d) The secretary of state shall:
(1) determine the number of counties; and
(2) select the counties;
subject to a procedure audit under subsection (c).
SECTION 20. IC 3-12-14-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 8. (a) The secretary of state shall issue orders to
implement and administer the requirements of this chapter.
(b) In issuing an order under subsection (a), the secretary of
state shall do the following:
(1) Consult with recognized statistical experts, equipment
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vendors, the election division, and county election officials.
(2) Consider best practices for conducting procedure audits.
(c) A procedure audit shall be completed not later than the
following:
(1) If the audit was of the primary election, August 31 of the
same year as the primary election.
(2) If the audit was of the general election, June 30 of the year
following the general election.
SECTION 21. IC 3-12-14-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 9. (a) Notwithstanding section 8(c) of this chapter, a
procedure audit of the 2024 general election conducted under
section 3(c) of this chapter must be completed not later than
August 31, 2026.
(b) This section expires July 1, 2027.
SECTION 22. IC 3-14-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. An individual, an
organization, or a committee that circulates or publishes material in an
election without the statement required under IC 3-9-3-2.5 or
IC 3-11-4-2(f) commits a Class A misdemeanor.
HEA 1680 — CC 1 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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