Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
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. 1679
AN ACT to amend the Indiana Code concerning elections and to
make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-5-2-6, AS AMENDED BY P.L.153-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) Except as provided in subsections (b) and
(c), "candidate" means an individual who:
(1) has taken the action necessary to qualify under Indiana law for
listing on the ballot at an election or to become a write-in
candidate;
(2) has publicly announced or declared candidacy for an elected
office; or
(3) otherwise seeks nomination for or election to an elected office,
regardless of whether the individual wins election to the office.
(b) As used in IC 3-9, an individual becomes a "candidate" when the
individual, the candidate's committee, or a person acting with the
consent of the individual:
(1) receives more than one hundred dollars ($100) in
contributions; or
(2) makes more than one hundred dollars ($100) in expenditures;
(3) is required to file a written instrument designating a
principal committee under IC 3-9-1-5.5 or IC 3-9-5-1;
(4) is subject to campaign contribution limits under IC 3-9-2;
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(5) is subject to campaign expense restrictions under IC 3-9-3;
or
(6) is subject to requirements for campaign communications
including fabricated media under IC 3-9-8.
(c) As used in IC 3-13-1 and IC 3-13-2, "candidate" includes an
individual filling a general or municipal election ballot vacancy under
IC 3-13-1 or IC 3-13-2 when a county or town election board, the
Indiana election commission, or a court has determined that the
required action of:
(1) the individual; or
(2) another person under IC 3-13-1 or IC 3-13-2;
is void or invalid.
(d) As used in IC 3-14-3-18, "candidate" includes an individual
described in IC 3-14-3-18(a).
SECTION 2. IC 3-5-4-10 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10. (a) This section applies to:
(1) a convention required or permitted under this title that is
conducted by a political party to nominate candidates; or
(2) a caucus conducted by a political party under IC 3-13 to:
(A) nominate candidates; or
(B) select a person to fill a vacancy in an elected office.
(b) The ballots, poll lists, and other documents or material generated
for or used by the convention or caucus are the property of the political
party. This property shall be retained and preserved in the manner
specified by the rules of the political party.
SECTION 3. IC 3-5-4-14 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 14. (a) The office of the circuit court clerk must
remain closed on primary election day and general election day.
However, the circuit court clerk shall perform the duties required
by this title to conduct elections on primary election day and
general election day.
(b) Notwithstanding any other law, the circuit court clerk is not
required to perform on primary election day and general election
day a duty other than conducting elections.
SECTION 4. IC 3-5-4-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 15. (a) For purposes of this section, "local
government office" means an office of a county, city, town,
township, or school.
(b) Except as provided in subsection (c), a county, city, town,
township, or school shall provide to an employee of a local
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government office who requests leave to serve:
(1) on primary election day or general election day; and
(2) as a precinct election officer;
a paid day of leave to serve as a precinct election officer.
(c) The requirements under subsection (b) do not apply if the
requesting employee's duties are necessary for purposes of public
safety or election day operations.
(d) An employee granted leave under subsection (b) is entitled
to receive compensation for serving as a precinct election officer.
SECTION 5. IC 3-5-10-7, AS AMENDED BY P.L.18-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) Subject to sections 7.1 and 8 of this chapter,
a redistricting authority shall redistrict election districts at the
following times:
(1) If the census event is a federal decennial census, the
following:
(A) For a county executive or county fiscal body, only during
the first year after the federal decennial census is conducted.
(B) For a school corporation, only during the first year after
the federal decennial census is conducted.
(C) For a municipality that conducts its municipal elections in
an odd-numbered year, only during the second year after the
federal decennial census is conducted.
(D) For a municipality that conducts its municipal elections in:
(i) an even-numbered year; or
(ii) both an even-numbered year and an odd-numbered year;
only during the first year after the federal decennial census is
conducted.
(E) For the legislative body of a township in a county having
a consolidated city, only during the first year after the federal
decennial census is conducted.
(2) For a census event other than a federal decennial census, only
during the first year after the year the census event becomes
effective with respect to the political subdivision, as provided in
IC 1-1-3.5-3.
(3) Whenever a county adopts an order declaring a county
boundary to be changed under IC 36-2-1-2 that affects the
boundaries of the political subdivision.
(4) Whenever required to assign annexed territory to a district,
subject to the provisions of IC 36-4-3.
(5) Whenever the boundary of the political subdivision is
changed.
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(6) As provided in the order of a court that has found the current
redistricting plan unconstitutional or otherwise unlawful.
(b) Except as provided in section 7.1 of this chapter, a redistricting
authority may not redistrict at a time other than is provided in
subsection (a).
(c) A member of a redistricting authority described in
subsection (a)(1) that fails to:
(1) redistrict election districts; or
(2) recertify existing districts under section 8 of this chapter;
within the deadlines established by subsection (a)(1) is not entitled
to receive payment of any salary or fees, as fixed by law, until the
redistricting authority complies with subsection (a).
SECTION 6. IC 3-6-4.2-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) The election division shall charge
the following fees for providing products and services:
(1) For attendance at a meeting called under section 14 of this
chapter, four hundred dollars ($400), with a late fee of fifty
dollars ($50) if the fee is paid after a date specified by the
election division.
(2) For a set of all election related publications provided at a
meeting called under section 14 of this chapter, seventy
dollars ($70).
(3) For the election division's publication of the Indiana
election code, related statutes, and legislative summaries,
twenty dollars ($20), which includes any subsequent pocket
part supplement to the Indiana election code.
(4) For a map showing election districts or precincts produced
by the election division, ten dollars ($10).
(b) The election division may waive a fee imposed under this
section.
(c) Fees collected under this section shall be deposited in the
election administrator's conference fund established by section 16
of this chapter.
SECTION 7. IC 3-6-4.2-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) The election administrator's
conference fund is established for the purpose of conducting the
instructional meeting required under section 14 of this chapter.
The fund shall be administered by the election division.
(b) The fund consists of the following:
(1) Fees collected under section 15 of this chapter.
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(2) Interest deposited in the fund under subsection (f).
(c) Money in the fund is continuously appropriated for purposes
of this section.
(d) The election division shall annually prepare a plan for the
expenditure of the money in the fund.
(e) Money in the fund may be spent to conduct the instructional
meeting required under section 14 of this chapter.
(f) The treasurer of state shall invest money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(g) Money in the fund at the end of a state fiscal year reverts to
the state general fund.
SECTION 8. IC 3-6-4.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. The election division
shall promptly provide a copy of the complaint by first class mail to:
(1) the members of the commission by placing the copy on file
at the election division; and
(2) the persons identified in the complaint by first class mail
with tracking.
SECTION 9. IC 3-6-5-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The members of a county
election board shall select one (1) of the appointed members to serve
as chairman.
(b) If the individual selected to serve as chairman:
(1) resigns as chairman;
(2) resigns as a member of the county election board;
(3) is removed as a member of the county election board
under section 6 of this chapter; or
(4) dies or is otherwise disqualified from continuing to serve
as a member of the county election board;
the individual vacates the office of chairman.
(c) When a resignation, removal, or disqualification takes effect
under subsection (b), the circuit court clerk:
(1) serves as acting chairman until the county election board
fills the vacancy;
(2) shall notify the county chairman of the political party of
the member who vacated the office of chairman in accordance
with section 7 of this chapter; and
(3) shall call a meeting of the county election board to elect a
new chairman under this chapter.
(d) At the meeting convened under subsection (c), the members
of the county election board shall select one (1) of the appointed
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members to serve as chairman.
(e) The term of a chairman ends January 1 following the
election of the circuit court clerk.
(f) The circuit court clerk shall serve serves as secretary of the
board.
SECTION 10. IC 3-7-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. A person who: must:
(1) will be at least eighteen (18) years of age at the next general,
municipal, or special election;
(2) is be a United States citizen; and
(3) resides reside in a precinct continuously before a general,
municipal, or special election for at least thirty (30) days;
to register to vote in that precinct and may, upon making a proper
application under this article, register to vote in that precinct.
SECTION 11. IC 3-7-27-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 6.5. (a) Except as provided in subsection (b), absentee
activity reports and other election day reports must be provided by
10 a.m., noon, 2 p.m., and 4 p.m. on election day.
(b) Upon the unanimous vote of the county election board's
entire membership, a county election board may specify, in a policy
adopted under section 6(c) of this chapter, times for the provision
of absentee activity reports and other election day reports that
differ from the times required under subsection (a).
SECTION 12. IC 3-7-33-5.7, AS AMENDED BY P.L.65-2024,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.7. (a) The statewide voter registration system
must contain a feature that identifies:
(1) potential nonresidential addresses submitted on voter
registration applications; and
(2) voter registrations in the statewide voter registration system
that list a potential nonresidential address.
(b) This subsection applies to an application with a residence
address that the statewide voter registration system identifies as a
potential nonresidential address. Before the county voter registration
official makes a determination on the application under section 5 of
this chapter, the official shall conduct research on the application to
determine if:
(1) an individual could reside at the address stated on the
application; or
(2) the applicant resides at a nontraditional address described in
IC 3-5-5-18.
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(c) Not later than August 1 of each year, the county voter
registration official shall identify:
(1) potential nonresidential addresses submitted on voter
registration applications; and
(2) voter registrations in the statewide voter registration
system that list a potential nonresidential address.
(d) The county voter registration official may not enter a
nonresidential address into the statewide voter registration system
as a voter's registration address.
SECTION 13. IC 3-7-36-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 15. Notwithstanding IC 3-7-13-1(3), as set forth in 50
U.S.C. 4025, a spouse described in IC 3-5-2-1.5(4) may elect to use
the same residence as the member described in IC 3-5-2-1.5(4),
regardless of the date on which the marriage of the spouse and the
member occurred.
SECTION 14. IC 3-7-38.2-2, AS AMENDED BY SEA 10-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b) or (c),
a voter list maintenance program conducted under this chapter must:
(1) be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 (52 U.S.C. 10101);
(2) not result in the removal of the name of a person from the
official list of voters solely due to the person's failure to vote; and
(3) be completed not later than ninety (90) days before a primary
or general election.
(b) A voter list maintenance program conducted under this chapter
in a year other than a year in which a general election is conducted
must:
(1) comply with the requirements set forth in subsection (a)(1)
and (a)(2); and
(2) be completed not later than twenty-nine (29) days before a
municipal election or special election (other than for a federal
office) is conducted.
(c) If a special election is required for a vacancy in a federal office
in a year in which a general election is not conducted, the voter list
maintenance program conducted under this chapter must:
(1) comply with the requirements of subsection (a)(1) and (a)(2);
and
(2) be completed not later than ninety (90) days before the date
that the special election is conducted.
A voter list maintenance program may also be conducted under this
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section in a calendar year following the date of the special election if
the program is completed no later than the deadline set forth in
subsection (a).
(d) A county voter registration office may shall conduct a voter list
maintenance program that complies with subsection (a) within
forty-eight (48) hours of receiving information that requires voter
list maintenance activity. In conducting a voter list maintenance
program, the county voter registration office shall mail a notice
described in subsection (f) to each voter whose registration has not
previously been canceled or designated as inactive under this chapter
at the mailing address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be the
voter's current residence address.
(e) A county voter registration office may use information only from
the following sources to make the determination under subsection
(d)(2):
(1) The United States Postal Service National Change of Address
Service.
(2) A court regarding jury duty notices returned because of an
unknown or insufficient address.
(3) The return of a mailing sent by the county voter registration
office to all active voters (as defined in IC 3-11-18.1-2) in the
county because of an unknown or insufficient address.
(4) The bureau of motor vehicles concerning the surrender of a
voter's Indiana license for the operation of a motor vehicle to
another jurisdiction.
(5) The return by the United States Postal Service after the
expiration of the seven (7) day pending period of a notice
regarding the disposition of a voter registration application under
IC 3-7-33-5 because of an unknown or insufficient address.
(6) The return of a mailing sent to voters of a precinct advising
voters of a change of precinct boundary or the precinct polling
place because of an unknown or insufficient address, if the county
sends a similar mailing to the voters of each precinct when a
boundary or polling place is changed.
(7) Information received from the election division under section
5 of this chapter or section 16 of this chapter.
(8) A declination to register by the voter stating that the voter
resides at an address different from the address on the voter's
registration record.
(9) Information received from the election division as a result of
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a comparison between:
(A) a voter registration address; and
(B) commercially available data, such as data from a credit
agency.
(10) Information received from the secretary of state under
section 19(d)(2) of this chapter.
(11) Information received by the county voter registration
office indicating that a voter has moved to another state.
(12) The return of an absentee ballot sent by the county
election board to a voter because of an unknown or
insufficient address.
(f) The notice described in subsections (d) and (l) must:
(1) be sent by first class United States mail, postage prepaid, by
a method that requires the notice to be forwarded to the voter; and
(2) include a postage prepaid return card that:
(A) is addressed to the county voter registration office;
(B) states a date (which must be at least thirty (30) days after
the date the notice is mailed) by which the card must be
returned or the voter's registration will become inactive until
the information is provided to the county voter registration
office; and
(C) permits the voter to provide the voter's current residence
address.
(g) If a voter returns the card described in subsection (f)(2) and
provides a current residence address that establishes that the voter
resides:
(1) in the county, the county voter registration office shall update
the voter's registration record; or
(2) outside the county, the county voter registration office shall
cancel the voter's registration.
(h) If a card is returned as undeliverable due to an unknown or
insufficient address by the United States Postal Service after the date
specified in subsection (f)(2)(B), the county voter registration office
shall, when registration reopens after the next primary, general, or
municipal election, determine whether the voter voted or appeared to
vote from the address set forth in the registration record at any election
occurring after the final day for completing voter list maintenance
activities, and if not, then designate the voter as inactive.
(i) If a voter does not return the card described in subsection (f)(2)
by the date specified in subsection (f)(2)(B), the county voter
registration office shall indicate in the voter's registration record that
the voter's registration is inactive.
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(j) A voter's registration that becomes inactive under subsection (h)
or (i) remains in inactive status from the date described in subsection
(f)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or
cancels the voter's registration under subsection (g) after the voter
provides a current residence address.
(2) The day after the second general election in which the voter
has not voted or appeared to vote.
(k) After the date described in subsection (j)(2), the county voter
registration office shall remove the voter's registration from the voter
registration records.
(l) A county voter registration office shall conduct a voter list
maintenance program under this section for each voter who has not cast
a vote in the two (2) most recent general elections. The county voter
registration office shall mail a notice described in subsection (f) to the
mailing address listed in the voter's registration record.
SECTION 15. IC 3-7-38.2-2.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.4. A county voter registration
office that receives information indicating that a voter has moved
to another state shall mail to the voter the form prescribed by the
election division under IC 3-7-43-2 at any other mailing address set
forth in the information received under section 2(e)(11) of this
chapter.
SECTION 16. IC 3-8-1-5, AS AMENDED BY P.L.193-2021,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) This section does not apply to a candidate
for federal office.
(b) As used in this section, "felony" means a conviction for which
the convicted person might have been imprisoned for more than one (1)
year.
(c) A person is not disqualified under this section for:
(1) a felony conviction for which the person has been pardoned;
(2) a felony conviction that has been:
(A) reversed;
(B) vacated;
(C) set aside;
(D) not entered because the trial court did not accept the
person's guilty plea; or
(E) expunged under IC 35-38-9; or
(3) a person's plea of guilty or nolo contendere at a guilty plea
hearing that is not accepted and entered by a trial court.
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(d) A person is disqualified from assuming or being a candidate for
an elected office if:
(1) the person gave or offered a bribe, threat, or reward to procure
the person's election, as provided in Article 2, Section 6 of the
Constitution of the State of Indiana;
(2) the person does not comply with IC 5-8-3 because of a
conviction for a violation of the federal laws listed in that statute;
(3) in a:
(A) jury trial, a jury publicly announces a verdict against the
person for a felony;
(B) bench trial, the court publicly announces a verdict against
the person for a felony; or
(C) guilty plea hearing, the person pleads guilty or nolo
contendere to a felony;
(4) the person has been removed from the office the candidate
seeks under Article 7, Section 11 or Article 7, Section 13 of the
Constitution of the State of Indiana;
(5) the person is a member of the United States armed forces on
active duty and prohibited by the United States Department of
Defense from being a candidate;
(6) the person is subject to:
(A) 5 U.S.C. 1502 (the Little Hatch Act); or
(B) 5 U.S.C. 7321-7326 (the Hatch Act);
and would violate either federal statute by becoming or remaining
the candidate of a political party for nomination or election to an
elected office or a political party office; or
(7) the person is a nonjudicial court employee who would violate
Rule 4.6 of the Indiana Code of Judicial Conduct by being the
candidate of a political party for nomination or election to an
elected office or a political party office; or
(8) the person is a full-time employee of the department of
homeland security prohibited from participating in political
activities under IC 10-14-3-26.
(e) The subsequent reduction of a felony to a Class A misdemeanor
under IC 35 after the:
(1) jury has announced its verdict against the person for a felony;
(2) court has announced its verdict against the person for a felony;
or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (d).
SECTION 17. IC 3-8-2-2.5, AS AMENDED BY P.L.227-2023,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 2.5. (a) A person who desires to be a write-in
candidate for a federal, state, legislative, or local office or school board
office in a general, municipal, or school board election must file a
declaration of intent to be a write-in candidate with the officer with
whom declaration of candidacy must be filed under sections 5 and 6 of
this chapter. A person who desires to be a write-in candidate for a
school board office in a school board election must file a
declaration of intent to be a write-in candidate with the county
election board.
(b) The declaration of intent to be a write-in candidate required
under subsection (a) must be signed before a person authorized to
administer oaths and must certify the following information:
(1) The candidate's name must be printed or typewritten as:
(A) the candidate wants the candidate's name to be certified;
and
(B) the candidate's name is permitted to appear under IC 3-5-7.
A candidate must specify, by a designation described in
IC 3-5-7-5, each designation that the candidate wants to use that
is permitted by IC 3-5-7.
(2) A statement that the candidate is a registered voter and the
location of the candidate's precinct and township (or ward, if
applicable, and city or town), county, and state.
(3) The candidate's complete residence address, and if the
candidate's mailing address is different from the residence
address, the mailing address.
(4) The candidate's party affiliation or a statement that the
candidate is an independent candidate (not affiliated with any
party). The candidate may not claim affiliation with any political
party described by IC 3-8-4-1.
(5) A statement of the candidate's intention to be a write-in
candidate, the name of the office, including the district, and the
date and type of election.
(6) If the candidate is a candidate for the office of President or
Vice President of the United States, a statement declaring the
names of the individuals who have consented and are eligible to
be the candidate's candidates for presidential electors and each
candidate for alternate presidential elector for each presidential
elector.
(7) The following statements:
(A) A statement that the candidate has attached either of the
following to the declaration:
(i) A copy of a statement of economic interests, file stamped
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by the office required to receive the statement of economic
interests.
(ii) A receipt or photocopy of a receipt showing that a
statement of economic interests has been filed.
This requirement does not apply to a candidate for a federal
office.
(B) A statement that the candidate understands that if the
candidate is elected to the office, the candidate may be
required to obtain and file an individual surety bond before
serving in the office. This requirement does not apply to a
candidate for a federal office or legislative office.
(C) A statement that the candidate understands that if the
candidate is elected to the office, the candidate may be
required to successfully complete training or have attained
certification related to service in an elected office. This
requirement does not apply to a candidate for a federal office,
state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal
office.
The candidate must separately initial each of the statements
required by this subdivision.
(8) A statement as to whether the candidate has:
(A) been a candidate for state, legislative, or local office in a
previous primary or general election; and
(B) filed all reports required by IC 3-9-5-10 for all previous
candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the
candidate has filed a campaign finance statement of organization
for the candidate's principal committee or is aware that the
candidate may be required to file a campaign finance statement of
organization not later than noon seven (7) days after the final date
to file the declaration of intent to be a write-in candidate under
section 4 of this chapter.
(10) If the candidate is subject to IC 3-9-1-5.5, a statement that
the candidate is required to file a campaign finance statement of
organization under IC 3-9 after the first of either of the following
occurs:
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(A) The candidate receives more than five hundred dollars
($500) in contributions.
(B) The candidate makes more than five hundred dollars
($500) in expenditures.
(11) A statement that the candidate complies with all
requirements under the laws of Indiana to be a candidate for the
above named office, including any applicable residency
requirements, and that the candidate is not ineligible to be a
candidate due to a criminal conviction that would prohibit the
candidate from serving in the office.
(12) The candidate's signature and telephone number.
(c) At the time of filing the declaration of intent to be a write-in
candidate, the write-in candidate is considered a candidate for all
purposes.
(d) A write-in candidate must comply with the requirements under
IC 3-8-1 that apply to the office to which the write-in candidate seeks
election.
(e) A person may not be a write-in candidate in a contest for
nomination or for election to a political party office.
(f) A write-in candidate for the office of President or Vice President
of the United States must list the following:
(1) The names of the write-in candidate's candidates for
presidential elector. A write-in candidate may not list more than
the total number of presidential electors to be chosen in Indiana
under this subdivision.
(2) The name of the write-in candidate's candidate for each
alternate presidential elector for each presidential elector.
(g) The election division shall provide that the form of a declaration
of intent to be a write-in candidate includes the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under
IC 3-9.
(h) A declaration of intent to be a write-in candidate must include
a statement that the candidate requests the name on the candidate's
voter registration record be the same as the name the candidate uses on
the declaration of intent to be a write-in candidate. If there is a
difference between the name on the candidate's declaration of intent to
be a write-in candidate and the name on the candidate's voter
registration record, the officer with whom the declaration of intent to
be a write-in candidate is filed shall forward the information to the
voter registration officer of the appropriate county as required by
IC 3-5-7-6(d). The voter registration officer of the appropriate county
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shall change the name on the candidate's voter registration record to be
the same as the name on the candidate's declaration of intent to be a
write-in candidate.
SECTION 18. IC 3-8-2-7, AS AMENDED BY P.L.227-2023,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) The declaration of each candidate required
by this chapter must be signed before a person authorized to administer
oaths and contain the following information:
(1) The candidate's name, printed or typewritten as:
(A) the candidate wants the candidate's name to appear on the
ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
A candidate must specify, by a designation described in
IC 3-5-7-5, each designation that the candidate wants to use that
is permitted by IC 3-5-7.
(2) A statement that the candidate is a registered voter and the
location of the candidate's precinct and township (or ward, if
applicable, and city or town), county, and state.
(3) The candidate's complete residence address, and if the
candidate's mailing address is different from the residence
address, the mailing address.
(4) A statement of the candidate's party affiliation. For purposes
of this subdivision, a candidate is considered to be affiliated with
a political party only if any of the following applies:
(A) The two (2) most recent primary elections in Indiana in
which the candidate voted were primary elections held by the
party with which the candidate claims affiliation. If the
candidate cast a nonpartisan ballot at an election held at either
of the two (2) most recent primary election elections in which
the candidate voted, a certification by the county chairman
under clause (B) is required.
(B) The county chairman of:
(i) the political party with which the candidate claims
affiliation; and
(ii) the county in which the candidate resides;
certifies that the candidate is a member of the political party.
The declaration of candidacy must inform candidates how party
affiliation is determined under this subdivision and permit the
candidate to indicate on the declaration of candidacy which of
clauses (A) or (B) applies to the candidate. If a candidate claims
party affiliation under clause (B), the candidate must attach to the
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candidate's declaration of candidacy the written certification of
the county chairman required by clause (B).
(5) A statement that the candidate complies with all requirements
under the laws of Indiana to be a candidate for the above named
office, including any applicable residency requirements, and that
the candidate is not ineligible to be a candidate due to a criminal
conviction that would prohibit the candidate from serving in the
office.
(6) A request that the candidate's name be placed on the official
primary ballot of that party to be voted on, the office for which the
candidate is declaring, and the date of the primary election.
(7) The following statements:
(A) A statement that the candidate has attached either of the
following to the declaration:
(i) A copy of a statement of economic interests, file stamped
by the office required to receive the statement of economic
interests.
(ii) A receipt or photocopy of a receipt showing that a
statement of economic interests has been filed.
This requirement does not apply to a candidate for a federal
office.
(B) A statement that the candidate understands that if the
candidate is elected to the office, the candidate may be
required to obtain and file an individual surety bond before
serving in the office. This requirement does not apply to a
candidate for a federal office or legislative office.
(C) A statement that the candidate understands that if the
candidate is elected to the office, the candidate may be
required to successfully complete training or have attained
certification related to service in an elected office. This
requirement does not apply to a candidate for a federal office,
state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal
office.
The candidate must separately initial each of the statements
required by this subdivision.
(8) A statement as to whether the candidate has been a candidate
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for state, legislative, or local office in a previous primary,
municipal, special, or general election and whether the candidate
has filed all reports required by IC 3-9-5-10 for all previous
candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the
candidate has filed a campaign finance statement of organization
for the candidate's principal committee or is aware that the
candidate may be required to file a campaign finance statement of
organization not later than noon seven (7) days after the final date
to file the declaration of candidacy under section 4 of this chapter.
(10) The candidate's signature.
(b) The election division shall provide that the form of a declaration
of candidacy includes the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under
IC 3-9.
(c) A declaration of candidacy must include a statement that the
candidate requests the name on the candidate's voter registration record
be the same as the name the candidate uses on the declaration of
candidacy. If there is a difference between the name on the candidate's
declaration of candidacy and the name on the candidate's voter
registration record, the officer with whom the declaration of candidacy
is filed shall forward the information to the voter registration officer of
the appropriate county as required by IC 3-5-7-6(d). The voter
registration officer of the appropriate county shall change the name on
the candidate's voter registration record to be the same as the name on
the candidate's declaration of candidacy.
SECTION 19. IC 3-8-2-19, AS AMENDED BY P.L.109-2021,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19. (a) Except as provided in subsection (b),
upon receipt of the certified list under section 17 of this chapter, a
county election board shall immediately compile under the proper
political party designation the following:
(1) The title of each office.
(2) The name of each individual who has filed a request to be
placed on the presidential primary ballot.
(3) The names and addresses of all persons for whom declarations
of candidacy have been filed for nomination to an office on the
primary election ballot. except for an individual with a restricted
address under IC 36-1-8.5.
(4) The text of any public question to be placed on the ballot.
(5) The date of the primary election.
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(6) The hours during which the polls will be open.
(7) The dates, times, and locations of voting at the circuit court
clerk's office and at satellite offices under IC 3-11-10-26.
(b) The county election board is not required to compile under
subsection (a) information concerning precinct committeemen or
state convention delegates.
(b) (c) The county election board shall do the following:
(1) Publish the information described in subsection (a) before the
primary election in accordance with IC 5-3-1.
(2) File a copy of the information described in subsection (a):
(A) with the election division; and
(B) in the minutes of the county election board.
(c) (d) The county election board shall file the copies required under
subsection (b)(2) (c)(2) not later than noon ten (10) days before
election day.
(d) (e) An election is not invalidated by the failure of the board to
comply with this section.
(e) (f) If the county election board receives an amendment from the
election division under section 17 of this chapter after:
(1) compilation of the information described in subsection (a) has
occurred; or
(2) the board determines that it is impractical to recompile
completely revised information;
the board is only required to file a copy of the amendment with the
minutes of the board.
SECTION 20. IC 3-9-5-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. The following persons, whenever
required to file a report, notice, or other instrument by this article, shall
file it with the county election board of each county comprising part of
the affected election district:
(1) Candidates for local office and their candidate's committees.
(2) Candidates for school board office and their candidate's
committees.
(2) (3) Regular party committees that are not required to file with
the election division.
(3) (4) Political action committees that are not required to file
with the election division.
SECTION 21. IC 3-10-4-5, AS AMENDED BY P.L.201-2017,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) This subsection applies to a major political
party and to a political party subject to IC 3-8-4-10. The state chairman
of each political party shall certify to the election division the names of
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the nominees of the party for President and Vice President of the
United States and the state of which each nominee is a resident.
(b) If candidates for presidential electors and alternate presidential
electors are nominated by petitioners instead of by a convention of a
major political party or a party subject to IC 3-8-4-10, the petitioners
shall certify with the list of names of the presidential electors the
following:
(1) The names of their nominees for President and Vice President
of the United States.
(2) The state of which each nominee is a resident.
(3) The name of the political party of the nominees, or that the
nominees are an independent ticket.
(c) This subsection applies to a political party described in
subsection (a) and to candidates nominated by petitioners under
subsection (b). The names of:
(1) all candidates for:
(A) presidential electors; and
(B) alternate presidential electors; and
(2) all nominees for President and Vice President of the United
States;
shall be certified to the election division not later than noon on the
second Tuesday in September 1 before the general election. The
election division shall certify to each county election board not later
than noon on the next following Thursday in September before the
general election the names of the nominees for President and Vice
President of the United States certified to the election division under
this subsection.
(d) The names of all candidates for presidential electors and
alternate presidential electors for a write-in candidate shall be included
on the declaration for candidacy filed by a write-in candidate for the
office of President or Vice President of the United States filed under
IC 3-8-2.
SECTION 22. IC 3-10-8-4, AS AMENDED BY P.L.227-2023,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Each circuit court clerk who is required to
conduct a special election under Indiana law or receives a writ ordering
a special election shall publish in accordance with IC 5-3-1 the
following information:
(1) Under the proper political party or independent candidate
designation:
(A) the title of office; and
(B) the names and addresses of all candidates who have filed
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for election to the office; except for an individual with a
restricted address under IC 36-1-8.5;
if an elected office will be on the ballot at the special election.
(2) The text of any public question to be submitted to the voters.
(3) The date of the election.
(4) The hours during which the polls will be open.
(5) The dates, times, and locations of voting at the circuit court
clerk's office and at satellite offices under IC 3-11-10-26.
(b) The county election board or town election board shall file a
notice of a special election conducted under this chapter with the
election division not later than noon seven (7) days after publishing the
notice under subsection (a).
SECTION 23. IC 3-11-3-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12.5. This section applies when
this title requires the use of a strong or stout paper envelope or
bag. Notwithstanding any other law, the county election board
may, by unanimous vote of the board's entire membership, use
bound materials instead of a strong or stout paper envelope or bag.
However, the bound materials may not contain provisional ballot
materials.
SECTION 24. IC 3-11-4-5.8, AS ADDED BY P.L.109-2021,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.8. (a) A voter with print disabilities may use
electronic mail fax, or web publication to request:
(1) a voter registration application; and
(2) an absentee ballot application;
from the election division, a county election board, a county board of
elections and registration, or a county voter registration office.
(b) The election division, county election board, county board of
elections and registration, or county voter registration office that
receives an electronic mail or fax from a voter with print disabilities
requesting a voter registration application or absentee ballot application
by electronic mail or fax shall provide the requested application to the
voter by
(1) electronic mail address or fax number if the electronic mail
address or fax number permits the office to send the application
not later than the end of the first business day after the office
receives the request from the voter. or
(2) United States Postal Service mail if the electronic mail address
or fax number provided by the voter to the office does not permit
the office to send the application in the time frame specified in
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subdivision (1).
(c) The election division, county election board, county board of
elections and registration, or county voter registration office shall
ensure that the procedures used to receive a request for a voter
registration application or an absentee ballot application under this
section and transmission of the application to a voter with print
disabilities protect:
(1) the security and integrity of the application request processes;
and
(2) the voter's identity and other personal data.
(d) The election division, county election board, county board of
elections and registration, or county voter registration office shall
include information concerning the use of electronic mail fax, and web
publication with all informational and instructional materials that are
sent with a voter registration application or an absentee ballot
application to a voter with print disabilities.
(e) The secretary of state, with the approval of the election division,
shall develop a free access system that permits a voter with print
disabilities to determine whether the voter's absentee ballot has been
received by the appropriate county election board or board of elections
and registration, regardless of the manner in which the absentee ballot
was transmitted by the voter to the board. To the extent permitted by
IC 3-7 and IC 5-14-3, the system must contain reasonable procedures
to protect the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used on the system.
(f) The secretary of state, with the approval of the election division,
shall develop a system that complies with the Web Content Guidelines.
SECTION 25. IC 3-11-4-17.7, AS AMENDED BY P.L.278-2019,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17.7. (a) This section applies when a voter:
(1) has been mailed the official ballot under this chapter; and
(2) notifies the county election board that:
(A) the ballot has been destroyed, spoiled, lost, or not received
by the voter after a reasonable time has elapsed for delivery of
the ballot by mail;
(B) the absentee ballot does not bear the bipartisan initials
required under section 19 of this chapter; or
(C) the absentee ballot envelope was not signed by the voter.
(b) As required under 52 U.S.C. 21081, the voter may obtain a
replacement official ballot under the procedures set forth in this chapter
after the voter files a statement with the county election board. The
statement must affirm, under penalties of perjury, that the voter did not
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receive the official ballot (or that the ballot was received by the voter,
but was destroyed, spoiled, or lost), and must set forth any facts known
by the voter concerning the destruction, spoiling, or loss of the ballot.
The voter may submit the statement to the county election board
by electronic mail.
(c) After a voter files the statement required under subsection (b),
the circuit court clerk shall do the following:
(1) Place the written request with the absentee voter's original
ballot.
(2) Mark "canceled" on the envelope containing the original
ballot.
(3) Preserve the original ballot with the other defective ballots.
(4) Deliver a new ballot to the absentee voter.
(d) If a voter requests a replacement ballot for a primary election,
the county election board may not provide the voter with a primary
election ballot for a political party different from the political party
indicated in the voter's application for an absentee ballot.
(e) After receiving the official replacement ballot, the voter shall
destroy any spoiled ballot in the possession of the voter or any lost or
delayed official ballot that comes into the possession of the voter.
SECTION 26. IC 3-11-8-17.5, AS ADDED BY P.L.169-2015,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 17.5. (a) Voters may use cellular
telephones or other electronic devices in the polls as long as
electioneering or loud or disruptive conversations do not occur.
(b) A voter may not do the following:
(1) Take a digital image or photograph of the voter's ballot while
the voter is in a polling place, an office of the circuit court clerk
(under IC 3-11-10-26), a satellite office established under
IC 3-11-10-26.3, or a vote center established under
IC 3-11-18.1-4, except to document and report to a precinct
election officer, the county election board, or the election division
a problem with the functioning of the voting system.
(2) Distribute or share the image described in subdivision (1)
using social media or by any other means.
SECTION 27. IC 3-11-10-26, AS AMENDED BY P.L.115-2022,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 26. (a) This subsection applies to all counties,
except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
alternative to voting by mail, a voter is entitled to cast an absentee
ballot before an absentee voter board at any of the following:
(1) One (1) location of the office of the circuit court clerk
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designated by the circuit court clerk.
(2) A satellite office established under section 26.3 of this
chapter.
(b) This subsection applies to a county to which IC 3-6-5.2 or
IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
entitled to cast an absentee ballot before an absentee voter board at any
of the following:
(1) The office of the board of elections and registration.
(2) A satellite office established under section 26.3 of this
chapter.
(c) Except for a location designated under subsection (a)(1), a
location of the office of the circuit court clerk must be established as
a satellite office under section 26.3 of this chapter in order to be used
as a location at which a voter is entitled to cast an absentee ballot
before an absentee voter board under this section.
(d) The voter must do the following before being permitted to vote:
(1) This subdivision does not apply to a county that uses
electronic poll books for voting under this section. Sign an
application on the form prescribed by the election division under
IC 3-11-4-5.1. The application must be received by the circuit
court clerk not later than the time prescribed by IC 3-11-4-3.
(2) This subdivision applies only to a county that uses electronic
poll books for voting under this section and in which the ballot is
cast on an electronic voting system. The voter must do the
following:
(A) If the county election board has prescribed an affidavit
under subsection (e) that includes a unique identifier to
comply with section 26.2(c)(3) of this chapter, make and
subscribe to the affidavit.
(B) Sign the electronic poll book.
(C) Provide proof of identification.
(3) This subdivision applies only to a county that uses electronic
poll books for voting under this section and in which the ballot is
cast on an optical scan voting system. The voter must do the
following:
(A) Sign the electronic poll book.
(B) Provide proof of identification.
(C) Sign the affidavit prescribed by section 29 of this chapter.
(e) The county election board may:
(1) prescribe an affidavit that includes a unique identifier; or
(2) establish a procedure to produce a document, label, or
electronic record that is associated with each voter and includes
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a unique identifier;
to comply with section 26.2(c)(3) of this chapter. After the county
election board approves an affidavit or procedure described in this
subsection and before the affidavit or procedure is used in an election,
the county election board shall file a copy of the affidavit or a brief
description of the procedure with the election division to assist the state
recount commission in conducting proceedings under IC 3-12-11.
(f) The voter may vote before the board not more than twenty-eight
(28) days nor later than noon on the day before election day. If the
close of a voter registration period is transferred under IC 3-5-4-1.5
from twenty-nine (29) days to a later date due to the Columbus Day
holiday, the voter may vote before the board on the first day following
the day on which the voter registration period closes.
(g) An absent uniformed services voter who is eligible to vote by
absentee ballot in the circuit court clerk's office under IC 3-7-36-14
may vote before the board not earlier than twenty-eight (28) days
before the election and not later than noon on election day. If the close
of a voter registration period is transferred under IC 3-5-4-1.5 from
twenty-nine (29) days to a later date due to the Columbus Day holiday,
the voter may vote before the board on the first day following the day
on which the voter registration period closes. If a voter described by
this subsection wishes to cast an absentee ballot during the period
beginning at noon on the day before election day and ending at noon on
election day, the county election board or absentee voter board may
receive and process the ballot at a location designated by resolution of
the county election board.
(h) The absentee voter board in the office of the circuit court clerk
must permit voters to cast absentee ballots under this section for at
least seven (7) hours on each of the two (2) Saturdays preceding
election day. However, the county election board may adopt a
resolution authorizing the circuit court clerk to:
(1) use the office of the circuit court clerk designated in
subsection (a)(1); or
(2) establish a satellite office under section 26.3 of this chapter;
to permit voters to cast absentee ballots under this section for at least
four (4) hours on the third Saturday preceding election day.
(i) Notwithstanding subsection (h), in a county with a population of
less than twenty thousand (20,000), the absentee voter board in the
office of the circuit court clerk, with the approval of the county election
board, may reduce the number of hours available to cast absentee
ballots under this section to a minimum of four (4) hours on each of the
two (2) Saturdays preceding election day.
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(j) As provided by 52 U.S.C. 21081, a voter casting an absentee
ballot under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(k) As provided by 52 U.S.C. 21081, when an absentee ballot is
provided under this section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
(l) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the board determines that the proof of
identification provided by the voter does not qualify as proof of
identification under IC 3-5-2-40.5;
the voter shall be permitted to cast a provisional ballot.
(m) This subsection applies to a voter who casts an absentee ballot
that is treated as a provisional ballot under subsection (l). The board
shall provide the voter, both orally and in writing, an explanation of
what actions, if any, the voter must take in order to have the voter's
ballot counted. The election division shall prescribe the form of the
explanation required by this subsection.
(n) A voter casting an absentee ballot under this section is entitled
to cast the voter's ballot in accordance with IC 3-11-9.
(o) The following apply in a primary election:
(1) A voter entitled to cast an absentee ballot before an
absentee voter board under this section shall mark the voter's
political party ballot selection on the electronic poll book
instead of communicating the selection to the poll clerks.
(2) A voter casting an absentee ballot under this chapter may not
change the voter's choice of the voter's political party after the
voter has been mailed or otherwise provided with a primary ballot
containing the candidates of that party.
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SECTION 28. IC 3-11-15-60, AS ADDED BY P.L.100-2018,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 60. (a) This section applies to a voting system
certified for use in Indiana elections.
(b) Except as provided in subsection (c), a vendor may not sell,
lease, or transfer possession of a voting system to a person except to:
(1) an Indiana county;
(2) the voting system technical oversight program (VSTOP)
(established by IC 3-11-16-2);
(3) a state or local government in the United States for the
purpose of conducting elections in that jurisdiction; or
(4) a political party in Indiana entitled to nominate candidates for
the general election at:
(A) a convention conducted under IC 3-8-4; or
(B) a town convention conducted under IC 3-8-5;
for the limited purpose of conducting the nomination of the
candidates.
(c) A vendor may dispose of a voting system unit or an
electronic poll book unit by transferring possession of the unit to
a state or county historical society in Indiana.
SECTION 29. IC 3-11.5-4-2, AS AMENDED BY P.L.109-2021,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) This section applies to a voter voting by an
absentee ballot that:
(1) is defective and ordered corrected under IC 3-11-2-16;
(2) includes a candidate for election to office who:
(A) ceases to be a candidate; and
(B) is succeeded by a candidate selected under IC 3-13-1 or
IC 3-13-2; or
(3) is presented and surrendered at:
(A) the office of the circuit court clerk;
(B) the office of the board of elections and registration;
(C) a satellite office of a board established under
IC 3-11-10-26.3; or
(D) a vote center established as a satellite office under
IC 3-11-18.1-4(15);
in a sealed envelope and signed by the voter containing an
absentee ballot previously mailed to the voter with a request by
the voter for a replacement absentee ballot under this section to
cast at the office or vote center.
(b) Through the last day before the election day, an absentee voter
may recast the ballot during the period specified by IC 3-11-10-26. To
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obtain a replacement ballot, the absentee voter must present a written
request to the county election board for a replacement ballot. The voter
may submit the written request to the county election board by
electronic mail. However, in a primary election, if an application has
been submitted to the county by or for a voter requesting the ballot of
a political party, the voter may not change the choice of the voter's
party when requesting a replacement ballot unless the county
determines, based on the application of the voter, that the voter was
issued an incorrect party ballot by the county.
(c) Upon receiving a written request under subsection (b), the circuit
court clerk shall do the following:
(1) Place the written request with the absentee voter's original
ballots.
(2) Mark "canceled" on the original set of ballots.
(3) Preserve the original ballots with other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
SECTION 30. IC 3-12-10-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) This section
does not apply to a petitioner who is determined to have been
nominated or elected after the recount or the contest.
(b) A candidate filing a petition under IC 3-12-11 shall reimburse
the state for the following:
(1) The expenses of the state recount commission in the amount
of the cash deposit required for a recount under IC 3-12-11-10 or
a contest under IC 3-12-11-11. However, the petitioner is not
liable for the expenses chargeable to another party under section
14 of this chapter.
(2) If the state recount commission determines that:
(A) the candidate filing the petition did not receive the
greatest number of votes; and
(B) the candidate who received the greatest number of
votes received at least ten percent (10%) more of the total
votes than the candidate filing the petition;
the petitioner is liable for the expenses chargeable to another
party under section 14 of this chapter.
SECTION 31. IC 3-12-11-2, AS AMENDED BY P.L.221-2005,
SECTION 122, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) A candidate who desires:
(1) a recount of votes cast for a nomination or election subject to
this chapter; or
(2) to contest a nomination subject to this chapter or the election
of a state office other than governor or lieutenant governor;
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must file a verified petition with the election division not earlier than
noon ten (10) days after election day and not later than noon
fourteen (14) days after election day.
(b) A state or county chairman who is entitled to and desires to file
a petition for a recount or contest under this chapter must file a verified
petition with the election division not earlier than noon ten (10) days
after election day and not later than noon seventeen (17) days after
election day.
SECTION 32. IC 3-13-1-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 6.5. An authorization given to a county chairman or
a county committee under section 6 of this chapter expires at the
time of the next election for precinct committeemen under
IC 3-10-1-4.5 or IC 3-10-1-4.6 for the party with which the county
chairman or county committee is affiliated.
SECTION 33. IC 3-13-1-7, AS AMENDED BY P.L.153-2024,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) Except as provided in subsection (b), action
to fill a candidate vacancy must be taken:
(1) not:
(A) earlier than May 8; and
(B) later than noon July 3;
after the primary election if the vacancy exists on a general or
municipal election ballot; and
(2) within thirty (30) days after the occurrence of the vacancy, if
the vacancy exists on a special election ballot, subject to section
2 of this chapter.
(b) This subsection applies to a candidate vacancy that exists before
the thirtieth day before a general, municipal, or special election and
that is due to any of the following:
(1) The death of a candidate.
(2) The withdrawal of a candidate.
(3) The disqualification of a candidate under IC 3-8-1-5.
(4) A court order issued under IC 3-8-7-29(d).
(5) The successful challenge of a candidate nominated by a state,
county, or town convention of a political party.
(6) The successful challenge of a candidate under IC 3-8-8.
(7) The successful challenge of a candidate under section 16.5 or
20.5 of this chapter.
(8) The successful challenge of a candidate in a judicial
proceeding.
Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this
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chapter for reasons permitted under this subsection must be taken
within thirty (30) days after the occurrence of the vacancy.
SECTION 34. IC 3-13-11-10, AS AMENDED BY P.L.74-2017,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) Except as provided in subsection (c), the
members of a caucus held under this chapter shall select, by a majority
vote of those casting a vote for a candidate, a person to fill the vacancy
described in the written notice of the caucus.
(b) If more than one (1) person seeks to fill the vacancy, the
selection shall be conducted by secret ballot.
(c) The following apply if only one (1) person seeks to fill the
vacancy:
(1) A vote under subsection (a) is not required.
(2) The county chairman may select that person to fill the
vacancy.
SECTION 35. IC 5-8-1-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Under Article 6, Sections 7
and 8 of the Constitution of the State of Indiana, all state officers other
than justices of the supreme court or judges of the court of appeals of
Indiana or the Indiana tax court, all other judges, prosecuting attorneys,
and all county, city, town, and township officers are liable to
impeachment for any misdemeanor crime, incapacity, or negligence
in office.
(b) A justice of the supreme court or a judge of the court of appeals
of Indiana or of the Indiana tax court is subject to removal from office
under Article 7, Section 11 of the Constitution of the State of Indiana.
SECTION 36. IC 5-8-1-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. When an officer is impeached by
the house of representatives for a misdemeanor crime, incapacity, or
negligence in office, the articles of impeachment must be delivered to
the president of the senate, saving and excepting only that in case the
officer impeached be the governor, lieutenant-governor, or the acting
president of the senate, such articles shall be delivered to the secretary
of the senate.
SECTION 37. IC 5-8-1-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 30. The trial must be
by a jury, and conducted in all respects in the same manner as the trial
of an indictment for a misdemeanor. crime, incapacity, or negligence.
SECTION 38. IC 36-1-20.2-3, AS ADDED BY P.L.135-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. For purposes of this chapter, the performance
of the duties of:
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(1) a precinct election officer (as defined in IC 3-5-2-40.1), an
absentee voter board, an absentee ballot counter, a
provisional ballot counter, or an absentee ballot courier that
are imposed by IC 3; or
(2) a volunteer firefighter;
is not considered employment by a unit.
SECTION 39. An emergency is declared for this act.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1679 — CC 1Every fact on this page links to its source, starting with the official bill record.