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Indiana General Assembly· SB 233Public Law 47

Powers and duties of the election commission., the official text

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Second Regular Session of the 124th General Assembly (2026)

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 2025 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 233

   AN ACT to amend the Indiana Code concerning elections.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 3-9-1-12, AS AMENDED BY P.L.225-2011,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) A committee whose statement of
organization has been filed with a county election board may
disband at any time in the manner prescribed by this section.

   (b) The commission or A county election board may
administratively disband a committee in the manner prescribed by this
section.

   (c) The commission has exclusive jurisdiction to disband any of the
following:

      (1) A candidate's committee for state office.
      (2) A candidate's committee for legislative office.
      (3) A legislative caucus committee.
      (4) A political action committee that has filed a statement or
      report with the election division.
      (5) A regular party committee that has filed a statement or report
      with the election division.
   (d) (c) A county election board has exclusive jurisdiction to disband
any of the following:
      (1) A candidate's committee for a local office.
      (2) A candidate's committee for a school board office.
      (3) A political action committee that has filed a statement or
      report with the election board, unless the political action

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      committee has also filed a report with the election division.
      (4) A regular party committee that has filed a statement or report
      with the election board, unless the regular party committee has
      also filed a report with the election division.
   (e) (d) The commission or A county election board may
administratively disband a committee in the following manner:
      (1) Not later than the last Friday of January of each year, the
      election division or county election board shall review the list of
      committees that have filed statements of organization with the
      division or board under this article.
      (2) If the election division or county election board determines
      both of the following, the election division or county election
      board may begin a proceeding before the commission or board to
      administratively disband the committee:

         (A) The committee has not filed any report of expenditures
         during the previous three (3) calendar years.
         (B) The committee last reported cash on hand in an amount
         that does not exceed one thousand dollars ($1,000), if the
         committee filed a report under this article.
      (3) The election division or county election board shall provide
      notice of the proceeding by certified mail to the last known
      address of the chairman and treasurer of the committee.
      (4) The commission or board may issue an order administratively
      dissolving the committee if the commission or board makes the
      following findings:
         (A) There is no evidence that the committee continues to
         receive contributions, make expenditures, or otherwise
         function as a committee.
         (B) According to the best evidence available to the
         commission or board, the dissolution of the committee will not
         impair any contract or impede the collection of a debt or
         judgment by any person.
      (5) If the commission or board:
         (A) administratively dissolves a committee under subdivision
         (4); and
         (B) finds that the prudent use of public resources makes
         further efforts to collect any outstanding civil penalty imposed
         against the committee wasteful or unjust;
      the commission or board may also waive the outstanding civil
      penalty previously imposed by the commission or board against
      the committee.
      (6) The election division shall arrange for the publication in the

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      Indiana Register of an order administratively disbanding a
      committee. A county election board shall publish a notice under
      IC 5-3-1 stating that the board has disbanded a committee under
      this subsection. The notice must state the date of the order and the
      name of the committee, but the board is not required to publish
      the text of the order.
      (7) An order issued under this subsection takes effect immediately
      upon its adoption, unless otherwise specified in the order.
   (f) (e) If the chairman or treasurer of a committee wishes to disband
the committee, the committee must do either of the following:
      (1) Give written notification of the dissolution and transfer a
      surplus of contributions less expenditures to any one (1) or a
      combination of the following:

         (A) One (1) or more regular party committees.
         (B) One (1) or more candidate's committees.
         (C) The election division.
         (D) An organization exempt from federal income taxation
         under Section 501 of the Internal Revenue Code.
         (E) Contributors to the committee, on a pro rata basis.
      (2) Use the surplus in any other manner permitted under
      IC 3-9-3-4.
   (g) (f) Except as provided in subsection (e) (d) concerning the
waiver of civil penalties, a dissolution or transfer of funds does not
relieve the committee or the committee's members from any:
      (1) civil liability, including the liability of the committee's
      chairman or treasurer for the payment of any debts incurred by or
      on behalf of the committee; or
      (2) criminal liability.
   SECTION 2. IC 3-9-1-12.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12.5. (a) A committee whose statement of
organization has been filed with the election division may disband
at any time in the manner prescribed by this section.
   (b) The commission may administratively disband a committee
in the manner prescribed by this section.
   (c) The commission has exclusive jurisdiction to disband any of
the following:
      (1) A candidate's committee for state office.
      (2) A candidate's committee for legislative office.
      (3) A legislative caucus committee.
      (4) A political action committee that has filed a statement or
      report with the election division.

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      (5) A regular party committee that has filed a statement or
      report with the election division.
   (d) The commission may administratively disband a committee
in the following manner:
      (1) Not later than the last Friday of January of each year, the
      election division shall review the list of committees that have
      filed statements of organization with the division under this
      article.
      (2) If the election division determines the following, the
      election division may begin a proceeding before the
      commission to administratively disband the committee:

         (A) The committee has not filed a report of expenditures
         during the previous calendar year.
         (B) The committee has never filed a report of expenditures
         or the last report filed by the committee reported cash on
         hand in an amount that does not exceed one thousand
         dollars ($1,000).
         (C) The election division has attempted to contact the
         committee:

            (i) by United States mail during the previous calendar
            year to provide notice of upcoming deadlines to file a
            report of expenditures, but the communication has been
            returned by the United States Postal Service due to an
            unknown or insufficient address; or
            (ii) by electronic mail, if the committee provided an
            electronic mail address to the election division, but the
            electronic mail was returned as undeliverable.
      (3) The election division shall provide notice of the proceeding
      by certified mail to the last known address of the chairman
      and treasurer of the committee.
      (4) The commission may issue an order administratively
      dissolving the committee if the commission makes the
      following findings:
         (A) There is no evidence that the committee continues to
         receive contributions, make expenditures, or otherwise
         function as a committee.
         (B) According to the best evidence available to the
         commission, the dissolution of the committee will not
         impair any contract or impede the collection of a debt or
         judgment by any person or impair the prosecution of any
         violation of criminal law.
      (5) If the commission:

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         (A) administratively dissolves a committee under
         subdivision (4); and
         (B) finds that the prudent use of public resources makes
         further efforts to collect any outstanding civil penalty
         imposed against the committee wasteful or unjust;
      the commission may also waive the outstanding civil penalty
      previously imposed by the commission against the committee.
      (6) The election division shall arrange for the publication in
      the Indiana Register of an order administratively disbanding
      a committee.
      (7) An order issued under this subsection takes effect
      immediately upon its adoption, unless otherwise specified in
      the order.
   (e) If the chairman or treasurer of a committee wishes to
disband the committee, the committee must do either of the
following:
      (1) Give written notification of the dissolution and transfer a
      surplus of contributions less expenditures to any one (1) or a
      combination of the following:
         (A) One (1) or more regular party committees.
         (B) One (1) or more candidate's committees.
         (C) The election division.
         (D) An organization exempt from federal income taxation
         under Section 501 of the Internal Revenue Code.
         (E) Contributors to the committee, on a pro rata basis.
      (2) Use the surplus in any other manner permitted under
      IC 3-9-3-4.
   (f) Except as provided in subsection (d) concerning the waiver
of civil penalties, a dissolution or transfer of funds does not relieve
the committee or the committee's members from any:
      (1) civil liability, including the liability of the committee's
      chairman or treasurer for the payment of any debts incurred
      by or on behalf of the committee; or
      (2) criminal liability.
   SECTION 3. IC 3-9-4-16, AS AMENDED BY P.L.225-2011,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) In addition to any other penalty
imposed, a person who does any of the following is subject to a civil
penalty under this section:
      (1) Fails to file with the election division a report in the manner
      required under IC 3-9-5.
      (2) Fails to file a statement of organization required under

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      IC 3-9-1.
      (3) Is a committee or a member of a committee who disburses or
      expends money or other property for any political purpose before
      the money or other property has passed through the hands of the
      treasurer of the committee.
      (4) Makes a contribution other than to a committee subject to this
      article or to a person authorized by law or a committee to receive
      contributions on the committee's behalf.
      (5) Is a corporation or labor organization that exceeds any of the
      limitations on contributions prescribed by IC 3-9-2-4.
      (6) Makes a contribution in the name of another person.
      (7) Accepts a contribution made by one (1) person in the name of
      another person.
      (8) Is not the treasurer of a committee subject to this article, and
      pays any expenses of an election or a caucus except as authorized
      by this article.
      (9) Commingles the funds of a committee with the personal funds
      of an officer, a member, or an associate of the committee.
      (10) Wrongfully uses campaign contributions in violation of
      IC 3-9-3-4.
      (11) Violates IC 3-9-2-12.
      (12) Fails to designate a contribution as required by IC 3-9-2-5(c).
      (13) Violates IC 3-9-3-5.
      (14) Serves as a treasurer of a committee in violation of any of the
      following:

         (A) IC 3-9-1-13(1).
         (B) IC 3-9-1-13(2).
         (C) IC 3-9-1-18.
      (15) Fails to comply with section 4(d) of this chapter.
      (16) Violates IC 3-9-3-2.5 by making a communication that
      contains a disclaimer that is not presented in a clear and
      conspicuous manner required by IC 3-9-3-2.5(d) and
      IC 3-9-3-2.5(e). This subdivision does not apply to a person
      whose sole act is, in the normal course of business, participating
      in the preparation, printing, distribution, or broadcast of the
      communication containing the disclaimer.
   (b) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for filing a defective report or
statement. If the commission determines that a person failed to file the
amended report or statement of organization not later than noon five (5)
days after being given notice under section 14 of this chapter, the
commission may shall assess a civil penalty. The penalty is ten dollars

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($10) for each day the report is late after the expiration of the five (5)
day period, not to exceed one hundred dollars ($100) plus any
investigative costs incurred and documented by the election division.
The civil penalty limit under this subsection applies to each report
separately.

   (c) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for a delinquent report or
statement. If the commission determines that a person failed to file the
report or statement of organization by the deadline prescribed under
this article, the commission shall assess a civil penalty. The penalty is
fifty dollars ($50) for each day the report or statement is late, with the
afternoon of the final date for filing the report or statement being
calculated as the first day. The civil penalty under this subsection may
not exceed one thousand dollars ($1,000) plus any investigative costs
incurred and documented by the election division. The civil penalty
limit under this subsection applies to each report separately.

   (d) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or
(a)(10). If the commission determines that a person is subject to a civil
penalty under subsection (a), the commission may shall assess a civil
penalty of not more than one thousand dollars ($1,000), plus any
investigative costs incurred and documented by the election division.

   (e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5). If the commission determines that a
person is subject to a civil penalty under subsection (a)(5), the
commission may shall assess a civil penalty of not more than three (3)
times the amount of the contribution in excess of the limit prescribed
by IC 3-9-2-4, plus any investigative costs incurred and documented by
the election division.

   (f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the commission determines that a
candidate or the candidate's committee has violated IC 3-9-2-12, the
commission shall assess a civil penalty equal to the greater of the
following, plus any investigative costs incurred and documented by the
election division:

      (1) Two (2) times the amount of any contributions received.
      (2) One thousand dollars ($1,000).
   (g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the commission determines that a
corporation or a labor organization has failed to designate a
contribution in violation of IC 3-9-2-5(c), the commission shall assess
a civil penalty equal to the greater of the following, plus any

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investigative costs incurred and documented by the election division:
      (1) Two (2) times the amount of the contributions undesignated.
      (2) One thousand dollars ($1,000).

   (h) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(13). If the commission determines, by
unanimous vote of the entire membership of the commission, that a
person has violated IC 3-9-3-5, the commission may shall assess a civil
penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the election division.

   (i) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(14). If the commission determines, by
unanimous vote of the entire membership of the commission, that a
person has served as the treasurer of a committee in violation of any of
the statutes listed in subsection (a)(14), the commission may shall
assess a civil penalty of not more than five hundred dollars ($500), plus
any investigative costs incurred and documented by the election
division.

   (j) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(15). The commission may shall assess a
civil penalty equal to the costs incurred by the election division for the
manual entry of the data contained in the report or statement, plus any
investigative costs incurred and documented by the election division.
of five hundred dollars ($500).

   (k) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(16). If the commission determines that a
person is subject to a civil penalty under subsection (a)(16), the
commission may shall assess a civil penalty of not more than one
thousand dollars ($1,000) for each communication circulated or
published (but not for each of the copies of the communication actually
circulated or published), plus any investigative costs incurred and
documented by the election division.

   (l) All civil penalties collected under this section shall be deposited
with the treasurer of state in the campaign finance enforcement
account.

   (m) Proceedings of the commission under this section are subject to
IC 4-21.5.

   SECTION 4. An emergency is declared for this act.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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