Indiana § 3-6-3-6 - Use of new name; rights; effect on ballots already printed

§ 3-6-3-6. Use of new name; rights; effect on ballots already printed

Sec. 6. (a) After the state chairman of a political party files a statement with the election division certifying that the party's name has been changed in accordance with all applicable party rules, a political party shall be known by the political party's new name, and the party has all the rights it had under its former name.

(b) If the state chairman of a political party files a statement under subsection (a) after the printing of ballots for use at an election conducted under this title has begun, the election board responsible for printing the ballots is not required to alter the ballots to state the new name of the political party.

[Pre-1986 Recodification Citation: 3-1-2-4 part.]

As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.6; P.L.3-1997, SEC.21; P.L.225-2011, SEC.6.

IC 3-6-3.7Chapter 3.7. The Secretary of State

3-6-3.7-1Secretary of state as state's chief election official; exception 3-6-3.7-2Election duties of secretary of state; consent of co-directors required 3-6-3.7-3Programs to encourage students to assist election administration 3-6-3.7-4Voter education outreach fund; purpose; administration; administrative expenses; investment of money in fund 3-6-3.7-5Securing and monitoring facilities storing voting systems and electronic poll books; reimbursement of costs 3-6-3.7-6Determination of criminal violation of election law; assistance provided to prosecuting attorney

IC 3-6-3.7-1Secretary of state as state's chief election official; exception Sec. 1. Except as provided by IC 3-7-11-1, the secretary of state is the state's chief election official.

As added by P.L.209-2003, SEC.7.

IC 3-6-3.7-2Election duties of secretary of state; consent of co-directors required Sec. 2. In addition to performing the duties related to elections specified in this title, the secretary of state, with the consent of the co-directors of the election division shall do the following:

(1) Work with the federal Election Assistance Commission to encourage students enrolled at postsecondary educational institutions (including community colleges) to assist state and local governments in the administration of elections by serving as nonpartisan poll workers or assistants.

(2) Consult with the federal Election Assistance Commission in the development of materials, seminars, and advertising targeted at students to implement the Help America Vote College Program conducted by the Election Assistance Commission under 52 U.S.C. 21121.

(3) Consult with the Help America Vote Foundation established under 36 U.S.C. 152601 in developing programs to encourage secondary school students (including students educated in the home) to participate in the election process in a nonpartisan manner as poll workers or assistants to local election officials in precinct polling places.

(4) Consult and coordinate with (and provide administrative support to) the co-directors of the election division in the development and implementation of the state plan under HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006).

(5) Perform all duties required to be performed by the state or the chief state election official under HAVA.

As added by P.L.209-2003, SEC.7. Amended by P.L.2-2007, SEC.7; P.L.128-2015, SEC.9.

IC 3-6-3.7-3Programs to encourage students to assist election administration Sec. 3. The secretary of state may develop programs to encourage Indiana secondary school students and students in postsecondary educational institutions in Indiana to assist state and local governments in the administration of elections.

As added by P.L.209-2003, SEC.7. Amended by P.L.2-2007, SEC.8.

IC 3-6-3.7-4Voter education outreach fund; purpose; administration; administrative expenses; investment of money in fund Sec. 4. (a) The voter education outreach fund is established for the purpose of receiving, holding, and disbursing funds for education and outreach to citizens concerning voter rights and responsibilities, including voter identification requirements.

(b) The fund shall be administered by the secretary of state and money in the fund expended subject to appropriation by the general assembly. The fund may be augmented after budget committee review.

(c) The expenses of administering the fund shall be paid from money in the fund.

(d) The treasurer of state shall invest the 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.

As added by P.L.258-2013, SEC.17. Amended by P.L.213-2025, SEC.38.

IC 3-6-3.7-5Securing and monitoring facilities storing voting systems and electronic poll books; reimbursement of costs Sec. 5. (a) A county election board may apply for payments to reimburse the county for expenditures made to secure and monitor facilities where voting systems and electronic poll books are stored.

(b) If the county election board submits an application under subsection (a), the application must be filed with the secretary of state in a form prescribed by the election division.

(c) The secretary of state, with the consent of the election division, may approve an application filed under this section and reimburse the county for all or part of the expenditures documented in the application.

As added by P.L.100-2018, SEC.1.

IC 3-6-3.7-6Determination of criminal violation of election law; assistance provided to prosecuting attorney Sec. 6. (a) If, upon investigation, the secretary of state determines that a criminal violation of this title may have occurred, the secretary of state and the co-directors of the election division shall refer the facts drawn from the investigation to the prosecuting attorney of the judicial circuit in which the crime may have been committed.

(b) The secretary of state and election division may assist the prosecuting attorney in prosecuting an action under this section, which may include an attorney employed or retained by the secretary of state or the election division serving as a special deputy prosecutor appointed by the prosecuting attorney.

As added by P.L.157-2019, SEC.1. Amended by P.L.141-2020, SEC.2.

IC 3-6-4Chapter 4. Repealed[Pre-1986 Recodification Citations:

3-6-4-1formerly 3-1-3-13-6-4-2formerly 3-1-3-2 part3-6-4-3formerly 3-1-3-2 part3-6-4-4formerly 3-1-3-2 part3-6-4-5formerly 3-1-3-2 part3-6-4-6formerly 3-1-3-2.53-6-4-7formerly 3-1-3-83-6-4-8formerly 3-1-3-3 part3-6-4-9formerly 3-1-3-3 part3-6-4-10formerly 3-1-3-3 part3-6-4-11formerly 3-1-3-3 part3-6-4-12formerly 3-1-3-4(a), (b) part, (c), (d), (e); 3-1-7-31; 3-4-5-143-6-4-13formerly 3-1-3-4(f)3-6-4-14formerly 3-1-3-4(b) part3-6-4-15formerly 3-2-1-1; 3-2-1-2 part3-6-4-16formerly 3-2-1-2 part3-6-4-17formerly 3-1-3-5 part3-6-4-18formerly 3-1-3-5 part3-6-4-19formerly 3-1-3-5 part3-6-4-20formerly 3-1-3-5 part3-6-4-21formerly 3-1-3-5 part3-6-4-22formerly 3-1-3-5 part3-6-4-23formerly 3-1-3-5 part3-6-4-24formerly 3-1-3-5 part3-6-4-25formerly 3-1-3-5 part3-6-4-26formerly 3-1-3-7 part; 3-4-5-16 part3-6-4-27formerly 3-1-3-7 part3-6-4-28formerly 3-1-3-7 part; 3-4-5-153-6-4-29formerly 3-4-5-18 part3-6-4-30formerly 3-4-5-18 part3-6-4-31formerly 3-1-3-6.]Repealed by P.L.8-1995, SEC.72.

IC 3-6-4.1Chapter 4.1. Indiana Election Commission

3-6-4.1-1Establishment 3-6-4.1-2Membership 3-6-4.1-3Term of office 3-6-4.1-4Nominations and appointments for succeeding term 3-6-4.1-5Vacancies 3-6-4.1-6Chair and vice chair of commission 3-6-4.1-7Quorum 3-6-4.1-8Designation of proxy 3-6-4.1-9Meetings 3-6-4.1-10Failure of chair to call meeting 3-6-4.1-11Compensation and expenses 3-6-4.1-12Failure of commission to meet and discharge duties 3-6-4.1-13Minutes of meetings 3-6-4.1-14Powers and duties 3-6-4.1-15Repealed 3-6-4.1-16Rules 3-6-4.1-17Extension of time 3-6-4.1-18Repealed 3-6-4.1-19Subpoena power 3-6-4.1-20Administration of oath 3-6-4.1-21Actions of commission upon determination of violation 3-6-4.1-22Civil action 3-6-4.1-23Assistance by police in enforcement of election laws 3-6-4.1-24Campaign finance enforcement account 3-6-4.1-25Power to hold hearings 3-6-4.1-26Advisory opinions void

IC 3-6-4.1-1Establishment Sec. 1. The Indiana election commission is established.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-2Membership Sec. 2. (a) The commission consists of four (4) individuals appointed by the governor.

(b) Each member of the commission must be a registered voter.

(c) Each member of the commission must be a member of a major political party of the state. Not more than two (2) members of the commission may be a member of the same political party.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-3Term of office Sec. 3. (a) The term of an individual serving as a member of the commission begins on the later of the following:

(1) The day the term of the member whom the individual is appointed to succeed expires.

(2) The day the individual is appointed.

(b) The term of a member expires July 1 of the second year after the member's current term begins.

(c) A member may be reappointed to the commission. A member reappointed to the commission is the member's own successor for purposes of subsection (a).

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-4Nominations and appointments for succeeding term Sec. 4. (a) Before May 1 of a year that the term of a member of the commission expires, the state chairman of the major political party of the state represented by that member may nominate, in writing, two (2) individuals of the state chairman's own political party to succeed the member whose term will expire.

(b) The state chairman of a political party may nominate the individual whose term will expire that year to serve a new term.

(c) If the state chairman makes the nominations before May 1, the governor shall appoint one (1) of the nominees to the commission.

(d) If the state chairman fails to make the nominations before May 1, the governor shall, within another ten (10) days, appoint a member of the same political party as the state chairman. The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor's appointment.

(e) If the state chairman disapproves the selection within the seven (7) day period under subsection (d), the governor shall make another appointment under subsection (d) that is also subject to the disapproval of the state chairman under subsection (d).

(f) If the state chairman does not disapprove an appointment under subsection (d) within the seven (7) day period, the individual appointed by the governor is a member of the commission.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-5Vacancies Sec. 5. (a) If a member of the commission resigns, dies, or becomes unable to serve on the commission, the governor shall notify the state chairman of the major political party of the state represented by the member.

(b) The state chairman may nominate in writing, within ten (10) days after notice of the vacancy, two (2) individuals of the state chairman's own political party to succeed the member. If the state chairman makes the nominations within ten (10) days, the governor shall appoint one (1) of the nominees to the commission.

(c) If the state chairman fails to make the nominations within ten (10) days, the governor shall, within another ten (10) days, appoint a member of the same political party as the state chairman. The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor's appointment.

(d) If the state chairman disapproves the selection within the seven (7) day period under subsection (c), the governor shall make another appointment under subsection (c) that is also subject to the disapproval of the state chairman under subsection (c).

(e) If the state chairman does not disapprove an appointment under subsection (c) within the seven (7) day period, the individual appointed by the governor is a member of the commission.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-6Chair and vice chair of commission Sec. 6. (a) The governor shall appoint one (1) of the members of the commission to be the chair and one (1) of the members of the commission to be the vice chair of the commission. The chair of the commission must be a member of the same political party as the individual who is the secretary of state. The vice chair and the chair may not be affiliated with the same political party.

(b) The individuals appointed as chair and vice chair serve in their respective positions until each individual's term as a member of the commission expires.

As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.8; P.L.122-2000, SEC.2.

IC 3-6-4.1-7Quorum Sec. 7. (a) Three (3) members of the commission constitute a quorum.

(b) Except as otherwise provided in this title, the affirmative vote of at least three (3) members of the commission is necessary for the commission to take official action other than to meet to take testimony.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-8Designation of proxy Sec. 8. (a) A member of the commission may designate another individual to serve as a proxy of record in the member's place as a member of the commission by filing a written instrument designating the proxy of record with the election division. The proxy of record has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the proxy of record at any time. The authority of the proxy of record may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument designating the proxy.

(b) If both the member and the member's proxy of record are unavailable, the member may designate another individual in writing to serve as an alternate proxy in the member's place as a member of the commission. This designation must be filed with the election division before taking effect. The alternate proxy has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the alternate proxy at any time. The authority of the alternate proxy may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument designating the proxy.

As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.22.

IC 3-6-4.1-9Meetings Sec. 9. The chair shall call a meeting of the commission whenever the chair considers it necessary for the performance of the commission's duties.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-10Failure of chair to call meeting Sec. 10. If the chair for any reason fails to call a meeting of the commission, then:

(1) the vice chair, with the written approval of the remaining two (2) commission members, may convene a meeting of the commission; and

(2) the three (3) members of the commission may meet to execute the powers and perform the duties of the commission.

As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.9.

IC 3-6-4.1-11Compensation and expenses Sec. 11. (a) Each member of the commission who is not a state employee is entitled to receive both of the following:

(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).

(2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) Each member of the commission who is a state employee is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-12Failure of commission to meet and discharge duties Sec. 12. If the commission fails to meet and discharge the duties imposed upon it by law, the governor may order the commission to meet in the performance of the commission's duties if the governor:

(1) considers a meeting to be necessary; or

(2) receives a petition signed by at least one (1) voter from each congressional district of Indiana.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-13Minutes of meetings Sec. 13. The election division shall keep minutes of all meetings of the commission, including a written record of the yes and no vote of each member on all questions coming before the commission.

As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.23.

IC 3-6-4.1-14Powers and duties Sec. 14. (a) In addition to other duties prescribed by law, the commission shall do the following:

(1) Administer Indiana election laws.

(2) Adopt rules under IC 4-22-2 to do the following:

(A) Govern the fair, legal, and orderly conduct of elections, including the following:

(i) Rules described in section 16 of this chapter to implement a court order requiring the commission, the election division, or an election board or official to administer an election in a manner not authorized by this title.

(ii) Rules (including joint rules with other agencies when necessary) to implement and administer NVRA.

(B) Carry out IC 3-9 (campaign finance).

(C) Govern the establishment of precincts under IC 3-11-1.5.

(D) Specify procedures and fees for the processing of an application from a vendor for voting systems approval and testing.

(3) Advise and exercise supervision over local election and registration officers.

(b) This section does not divest a county election board of any powers and duties imposed on the board in IC 3-6-5, except that if there is a deadlock on a county election board, the county election board shall submit the question to the commission for final determination.

As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.10; P.L.3-1997, SEC.24; P.L.169-2015, SEC.8; P.L.93-2024, SEC.2.

IC 3-6-4.1-15RepealedAs added by P.L.8-1995, SEC.18. Repealed by P.L.3-1997, SEC.474.

IC 3-6-4.1-16Rules Sec. 16. The commission, by unanimous vote of the entire membership of the commission, may adopt rules under IC 4-22-2 to implement a court order requiring the commission, the election division, or an election board or official to administer an election in a manner not authorized by this title.

As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.25; P.L.93-2024, SEC.3.

IC 3-6-4.1-17Extension of time Sec. 17. (a) If the commission by unanimous vote of the entire membership of the commission finds that a natural disaster or other emergency makes it impossible or unreasonable for a person to perform a duty or file a document by the time specified in this title, the commission may issue an order extending the time for performing the duty or filing the document.

(b) An order described in subsection (a) expires not later than thirty (30) days after the order is issued. The order must include the following:

(1) The geographic area subject to the order.

(2) The election board or official subject to the order.

(3) The duty or filing subject to the order.

(4) The specific date by which the duty must be performed or the document filed under the order.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-18RepealedAs added by P.L.8-1995, SEC.18. Amended by P.L.2-1996, SEC.3. Repealed by P.L.3-1997, SEC.474.

IC 3-6-4.1-19Subpoena power Sec. 19. (a) The commission has the power of subpoena and may require a person to appear before the commission, a member of the commission, or the co-directors to be examined with regard to any matter with which the commission or the co-directors are charged with a duty under this title.

(b) The commission or the co-directors may require appearances at the office of the commission or at a place fixed by the commission or co-directors in the county of residence of the person subpoenaed.

(c) A witness who is subpoenaed under this section is entitled to be paid the same mileage and fee as witnesses in court actions. Mileage and fees shall be paid as other election expenses are paid.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-20Administration of oath Sec. 20. A member of the commission, the co-directors, or an employee of the election division may administer an oath required or permitted by this title.

As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.26.

IC 3-6-4.1-21Actions of commission upon determination of violation Sec. 21. (a) This section does not apply to a violation of NVRA or IC 3-7.

(b) If the commission determines that there is substantial reason to believe an election law violation has occurred, it shall expeditiously make an investigation.

(c) If in the judgment of the commission, after affording due notice and an opportunity for a hearing, a person has engaged or is about to engage in an act or practice that constitutes or will constitute a violation of this title or of a rule or an order issued under this title, the commission shall take the action it considers appropriate under the circumstances, including the following:

(1) Referring the matter to the attorney general if the commission requests that a civil action be filed under section 22 of this chapter.

(2) Referring the matter to the appropriate prosecuting attorney if the case concerns a criminal violation of this title.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-22Civil action Sec. 22. (a) Upon referral under section 21 of this chapter, the attorney general shall institute on behalf of the state, a civil action for relief including any of the following:

(1) A permanent or temporary injunction.

(2) A restraining order.

(3) Another appropriate order.

(b) An action under this section may be instituted in a circuit or superior court in the county in which the person is found, resides, or transacts business.

(c) Upon a proper showing that the person has engaged or is about to engage in an act or a practice described by section 21 of this chapter, the court shall grant the requested relief without bond.

As added by P.L.8-1995, SEC.18. Amended by P.L.2-1996, SEC.4.

IC 3-6-4.1-23Assistance by police in enforcement of election laws Sec. 23. (a) The state police department and all state police officers shall assist the commission, on request, in the enforcement of the election laws and the discharge of the commission's duties, including the use of state police radio and telephone service on election days.

(b) The state police department or a state police officer may not supplant or interfere with a local law enforcement officer or precinct election officer in the discharge of duties.

As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-24Campaign finance enforcement account Sec. 24. (a) The campaign finance enforcement account is established within the state general fund to provide money for the following purposes:

(1) Administering and enforcing IC 3-9.

(2) Creating and operating a campaign finance computer system as authorized under IC 3-9-4-4, including investing in technology to expand the capabilities of the computer system.

(b) The account shall be administered by the election division. Funds in the account are available, with the approval of the budget agency, to augment and supplement the funds appropriated to the election commission for the purposes described in subsection (a).

(c) Expenses of administering the account shall be paid from money in the account. The account consists of all civil penalties collected by the commission under IC 3-9-4.

(d) Money in the account at the end of a state fiscal year does not revert to any other account within the state general fund.

As added by P.L.4-1996, SEC.11. Amended by P.L.3-1997, SEC.27.

IC 3-6-4.1-25Power to hold hearings Sec. 25. The commission may hold hearings under IC 4-21.5 to administer Indiana election law.

As added by P.L.3-1997, SEC.28. Amended by P.L.241-2025, SEC.4.

IC 3-6-4.1-26Advisory opinions void Sec. 26. An advisory opinion issued by the commission before July 1, 2025, is void.

As added by P.L.241-2025, SEC.5.

IC 3-6-4.2Chapter 4.2. Election Division

3-6-4.2-1Establishment 3-6-4.2-2Administration 3-6-4.2-2.5Election division to assist secretary of state in HAVA administration 3-6-4.2-3Co-directors 3-6-4.2-3.2Co-directors; terms 3-6-4.2-4Employees 3-6-4.2-5Political affiliation of employees 3-6-4.2-5.5Rights of individuals who serve as co-director or employee on December 31, 1996 3-6-4.2-6Number of employees 3-6-4.2-7Funding for employees 3-6-4.2-8Vacancy in co-director position 3-6-4.2-9Budget estimates 3-6-4.2-10Audits and investigations 3-6-4.2-12Duties 3-6-4.2-12.1State HAVA plan; HAVA committee; membership; per diem; expenses 3-6-4.2-12.5Duty of secretary of state to apply for payments for accessibility of polling places to disabled voters; information regarding accessible polling places 3-6-4.2-13Assistance from state police department 3-6-4.2-14County election officials instructional meeting; contents; compensation and expenses 3-6-4.2-15Fees 3-6-4.2-16Election administration's conference fund

IC 3-6-4.2-1Establishment Sec. 1. The election division is established within the office of the secretary of state.

As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-2Administration Sec. 2. (a) The secretary of state shall perform all ministerial duties related to the administration of elections by the state.

(b) The election division shall assist the commission and the secretary of state in the administration of this title.

As added by P.L.8-1995, SEC.19. Amended by P.L.3-1997, SEC.29.

IC 3-6-4.2-2.5Election division to assist secretary of state in HAVA administration Sec. 2.5. The election division shall assist the secretary of state in the implementation of HAVA.

As added by P.L.209-2003, SEC.8.

IC 3-6-4.2-3Co-directors Sec. 3. (a) The governor shall appoint two (2) co-directors for the election division who shall do the following:

(1) Carry out the policies, decisions, and recommendations of the commission.

(2) Maintain an office for the election division.

(b) The co-directors may not be members of the same political party.

(c) The co-directors have equal authority and responsibilities under this title. However, if the co-directors are unable to resolve a dispute between themselves regarding:

(1) the commission's or the election division's budget;

(2) the commission's or the election division's expenditures; or

(3) contracts to which the commission or the election division is a party;

the secretary of state may decide the matter. A decision by the secretary of state regarding the matter is final.

(d) The co-directors must:

(1) be classified the same under the state's personnel system; and

(2) except for differences due to years of service as co-directors, receive the same compensation.

As added by P.L.8-1995, SEC.19. Amended by P.L.153-2013, SEC.1; P.L.219-2013, SEC.4; P.L.32-2021, SEC.1.

IC 3-6-4.2-3.2Co-directors; terms Sec. 3.2. A co-director serves a term of four (4) years, beginning January 1, 2019, and continuing until the co-director's successor has been appointed and qualified.

As added by P.L.3-1997, SEC.30. Amended by P.L.278-2019, SEC.6.

IC 3-6-4.2-4Employees Sec. 4. The co-directors shall employ other employees as necessary in the execution of the powers and duties of the election division.

As added by P.L.8-1995, SEC.19. Amended by P.L.216-2015, SEC.1.

IC 3-6-4.2-5Political affiliation of employees Sec. 5. The employees of the election division must be divided equally between the major political parties of the state.

As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-5.5Rights of individuals who serve as co-director or employee on December 31, 1996 Sec. 5.5. An individual who, on December 31, 1996, serves as a co-director or an employee of the commission, serves as a co-director or an employee of the election division after December 31, 1996, with all the rights, duties, and conditions of employment the individual had as a co-director or an employee of the commission before January 1, 1997.

As added by P.L.220-2011, SEC.12.

IC 3-6-4.2-6Number of employees Sec. 6. Subject to section 5 of this chapter, the co-directors may each employ an equal number of employees.

As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-7Funding for employees Sec. 7. Equal funding shall be provided to each co-director with which to employ employees under section 6 of this chapter.

As added by P.L.8-1995, SEC.19. Amended by P.L.66-2003, SEC.3.

IC 3-6-4.2-8Vacancy in co-director position Sec. 8. (a) When a vacancy in a co-director position occurs, the secretary of state shall notify the governor and the state chairman of the political party of which the individual vacating the position is a member.

(b) The state chairman may submit to the governor in writing, within thirty (30) days after notice of the vacancy, the names of two (2) individuals to fill the vacancy. If the state chairman submits the names of two (2) individuals within the thirty (30) day period, the governor shall appoint one (1) of the two (2) individuals to fill the vacancy. If the state chairman fails to submit the names of two (2) individuals within the thirty (30) day period, the governor shall, within another ten (10) days, appoint an individual of the same political party as the state chairman to fill the vacancy.

(c) If a state chairman fails to submit in writing the name of a qualified successor within thirty (30) days after the state chairman is notified by the secretary of state of a vacancy, the governor shall:

(1) appoint a member of the political party of the state chairman to fill the vacancy; and

(2) notify the state chairman of the selection.

(d) The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor's appointment. If the state chairman disapproves the selection within the seven (7) day period, the governor shall make another appointment under subsection (b) which is subject to disapproval of the state chairman under this subsection. If the state chairman does not disapprove the appointment within the seven (7) day period, the individual appointed by the governor shall be employed as the co-director.

As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-9Budget estimates Sec. 9. The secretary of state shall submit biennial budget estimates for the commission and the election division in the manner and form required by law. Funds shall be expended only in the manner and form required by law.

As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-10Audits and investigations Sec. 10. (a) An audit or investigation authorized by the commission concerning administration of election laws shall be conducted by at least two (2) state employees divided equally between the major political parties of the state.

(b) Notwithstanding subsection (a) or any statutory provisions to the contrary, the co-directors shall assist in the following actions upon authorization of the commission:

(1) A hearing or an investigation conducted by the commission under:

(A) IC 3-7-11 (voter registration violations under NVRA or IC 3-7); or

(B) IC 3-9-4-15 (campaign finance violations).

(2) An examination or a test of a voting system for the commission.

As added by P.L.8-1995, SEC.19. Amended by P.L.4-1996, SEC.12.

IC 3-6-4.2-12Duties Sec. 12. The election division shall do the following:

(1) Maintain complete and uniform descriptions and maps of all precincts in Indiana.

(2) Promptly update the information required by subdivision (1) after each precinct establishment order is filed with the commission under IC 3-11-1.5.

(3) Issue media watcher cards under IC 3-6-10-6.

(4) Serve in accordance with 52 U.S.C. 20302(b) as the office in Indiana responsible for providing information regarding voter registration procedures and absentee ballot procedures to absent uniformed services voters and overseas voters.

(5) As required by 52 U.S.C. 20302(c), submit a report to the federal Election Assistance Commission not later than ninety (90) days after each general election setting forth the combined number of absentee ballots:

(A) transmitted to absent uniformed services voters and overseas voters for the election; and

(B) returned by absent uniformed services voters and overseas voters and cast in the election.

(6) Implement the state plan in accordance with the requirements of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006) and this title, and appoint members of the committee established under 52 U.S.C. 21005.

(7) Submit reports required under 52 U.S.C. 21008 to the federal Election Assistance Commission concerning the use of federal funds under Title II, Subtitle D, Part I of HAVA.

(8) Prescribe a uniform set of election and registration forms for use throughout Indiana, except when prescribed by this title.

As added by P.L.3-1997, SEC.31. Amended by P.L.209-2003, SEC.9; P.L.221-2005, SEC.8; P.L.64-2014, SEC.5; P.L.128-2015, SEC.10; P.L.169-2015, SEC.9.

IC 3-6-4.2-12.1State HAVA plan; HAVA committee; membership; per diem; expenses Sec. 12.1. (a) This section applies to the development, implementation, and amendment of the state plan under HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006).

(b) An individual appointed by the co-directors to serve on the committee established to develop the state plan to implement HAVA under 52 U.S.C. 21005 is entitled to receive the compensation or reimbursement provided under subsection (d) or (e).

(c) For purposes of subsection (d), an individual who holds:

(1) a state office is considered an employee of the state; or

(2) an office of a political subdivision is considered an employee of the political subdivision.

(d) Each member of the committee who is not a state employee or an employee of a political subdivision is entitled to receive both of the following:

(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).

(2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(e) Each member of the committee who is a state employee or an employee of a political subdivision is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(f) The committee's expenses, including the payment of per diem and reimbursements under this section, shall be paid from the Section 101 account of the election administration assistance fund established under IC 3-11-6.5.

As added by P.L.209-2003, SEC.10. Amended by P.L.128-2015, SEC.11.

IC 3-6-4.2-12.5Duty of secretary of state to apply for payments for accessibility of polling places to disabled voters; information regarding accessible polling places Sec. 12.5. (a) As authorized under 52 U.S.C. 21021, the secretary of state shall apply to the Secretary of Health and Human Services for payments under the HAVA (52 U.S.C. 21021 through 52 U.S.C. 21025) to do the following:

(1) Make polling places (including the path of travel, entrances, exits, and voting areas of each polling place) more accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as other voters.

(2) Provide individuals with disabilities and other individuals described in subdivision (1) with information about the accessibility of polling places, including outreach programs to inform the individuals about the availability of accessible polling places and training election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections.

(b) If the secretary of state receives payments from the Secretary of Health and Human Services under 52 U.S.C. 21021 through 52 U.S.C. 21025, the election division shall expend the money as described in the application submitted under 52 U.S.C. 21023.

As added by P.L.209-2003, SEC.11. Amended by P.L.153-2013, SEC.2; P.L.128-2015, SEC.12.

IC 3-6-4.2-13Assistance from state police department Sec. 13. (a) The state police department and all state police officers shall assist the election division, on request, in the enforcement of the election laws and the discharge of the election division’s duties, including the use of state police radio and telephone service on election days.

(b) The state police department or a state police officer may not supplant or interfere with a local law enforcement officer or precinct election officer in the discharge of official duties.

As added by P.L.3-1997, SEC.32.

IC 3-6-4.2-14County election officials instructional meeting; contents; compensation and expenses Sec. 14. (a) Each year in which a general or municipal election is held, the election division shall call a meeting of all the members of the county election boards, the boards of registration (subject to IC 3-7-12), and the boards of elections and registration (as defined in IC 3-5-2.1-12) to instruct them regarding all of the following:

(1) Their duties under this title and federal law (including HAVA and NVRA).

(2) Requirements and best practices concerning cybersecurity for the computerized list, voting systems, and electronic poll books.

(3) Physical security for all aspects of the election process, including voting systems, electronic poll books, absentee voting, and polling places.

(4) Requirements and best practices to ensure that voting systems, precinct polling places, and vote centers are accessible to voters with disabilities.

(5) Best practices in answering voters' questions on how to vote, including providing instructions to voters on straight ticket voting.

(b) The election division may call a meeting under this section:

(1) during a year in which a general or a municipal election is not held; and

(2) at other times when the election division determines that doing so is necessary or desirable.

(c) Each circuit court clerk, each member of a board of registration established under IC 3-7-12, and each director, assistant director, or co-director of a board of elections and registration shall attend a meeting called by the election division under this section. A member of a county election board may attend a meeting called by the election division under this section. A circuit court clerk, member of a board of registration, or member of a board of elections and registration may require the attendance of the following:

(1) Each of the circuit court clerk's, board of registration member's, or board of elections and registration member's appointed and acting chief deputies or chief assistants with election related responsibilities.

(2) If the number of deputies or assistants:

(A) is not more than three (3), one (1) of the clerk's or member's appointed and acting deputies or assistants; or

(B) is greater than three (3), two (2) of the clerk's or member's appointed and acting deputies or assistants.

(d) The election division shall set the time and place of the instructional meeting. In years in which a primary election is held, the election division:

(1) may conduct the meeting before the first day of the year; and

(2) shall conduct the meeting before primary election day.

The instructional meeting may not last for more than three (3) days.

(e) Each individual who attends the meeting under subsection (c) and an individual who has been elected or selected to serve as circuit court clerk but has not yet begun serving in that office is entitled to receive all of the following from the county general fund without appropriation:

(1) A sum for mileage at a rate determined by the fiscal body of the unit the official represents for each mile necessarily traveled in going to and returning from the meeting by the most expeditious route. Regardless of the duration of the conference, only one (1) mileage reimbursement shall be allowed to the official furnishing the conveyance even if the official transports more than one (1) person.

(2) An allowance for lodging for each night preceding conference attendance in an amount equal to the single room rate. However, lodging expense, in the case of a one (1) day conference, shall only be allowed for persons who reside fifty (50) miles or farther from the conference location.

(3) Reimbursement of an official, a deputy, or an assistant in an amount determined by the fiscal body of the unit the official, deputy, or assistant represents, for meals purchased while attending a conference called under this section.

(f) The election division shall certify the number of days of attendance and the mileage for each conference to each official, deputy, or assistant attending any conference under this section.

(g) All payments of mileage and lodging shall be made by the proper disbursing officer in the manner provided by law on a duly verified claim or voucher to which shall be attached the certificate of the election division showing the number of days attended and the number of miles traveled. All payments shall be made from the county general fund from any money not otherwise appropriated and without any previous appropriation being made therefore.

(h) A claim for reimbursement under this section may not be denied by the body responsible for the approval of claims if the claim complies with IC 5-11-10-1.6 and this section.

As added by P.L.3-1997, SEC.33. Amended by P.L.38-1999, SEC.5; P.L.26-2000, SEC.2; P.L.209-2003, SEC.12; P.L.120-2009, SEC.2; P.L.278-2019, SEC.7; P.L.141-2020, SEC.3; P.L.131-2022, SEC.1; P.L.11-2023, SEC.2; P.L.141-2023, SEC.2; P.L.227-2023, SEC.11; P.L.186-2025, SEC.12.

IC 3-6-4.2-15Fees 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.

As added by P.L.240-2025, SEC.6.

IC 3-6-4.2-16Election administration's conference fund 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.

(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.

As added by P.L.240-2025, SEC.7.

IC 3-6-4.5Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title III of HAVA

3-6-4.5-1Repealed 3-6-4.5-2"Title III" 3-6-4.5-3Establishment of administrative complaint procedure 3-6-4.5-4Remedies supplement other remedies under IC 3 3-6-4.5-5Procedures uniform and nondiscriminatory 3-6-4.5-6Filing complaint with election division 3-6-4.5-7Form of complaint 3-6-4.5-8Information required in complaint 3-6-4.5-9Copies of complaint provided to commission and persons identified in complaint 3-6-4.5-10Complaint filed with county election board; suspension of state enforcement 3-6-4.5-11Complaint against co-director filed with commission chair; duties of commission chair 3-6-4.5-12Consolidation of complaints 3-6-4.5-13Preliminary determination of validity of complaint; dismissal; notice of dismissal 3-6-4.5-14Persons to whom notices of dismissal provided 3-6-4.5-15Investigation of complaints determined valid 3-6-4.5-16Submission of investigation results to commission; commission report; persons provided copy of report 3-6-4.5-17Content of report 3-6-4.5-18Hearing; record 3-6-4.5-19Commission action after hearing 3-6-4.5-20Dismissal of complaint after determination of no violation 3-6-4.5-21Remedy 3-6-4.5-22Civil actions 3-6-4.5-23Summary of actions; to whom provided 3-6-4.5-24Deadline for making final determination on complaint 3-6-4.5-25Extension of deadline 3-6-4.5-26Referral of complaint to arbitrator 3-6-4.5-27Record and other materials given to arbitrator 3-6-4.5-28Filing arbitrator's report; content of report

IC 3-6-4.5-1RepealedAs added by P.L.209-2003, SEC.13. Repealed by P.L.221-2005, SEC.145.

IC 3-6-4.5-2"Title III" Sec. 2. As used in this chapter, "Title III" refers to Title III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21085).

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.13.

IC 3-6-4.5-3Establishment of administrative complaint procedure Sec. 3. As required by 52 U.S.C. 21112, this chapter establishes the state based administrative complaint procedures to remedy grievances concerning uniform and nondiscriminatory election technology and administrative requirements under Title III.

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.14.

IC 3-6-4.5-4Remedies supplement other remedies under IC 3 Sec. 4. The remedies provided under this chapter are supplemental to any other remedies provided to an aggrieved party under this title.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-5Procedures uniform and nondiscriminatory Sec. 5. As required by 52 U.S.C. 21112, the procedures prescribed by this chapter must be uniform and nondiscriminatory.

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.15.

IC 3-6-4.5-6Filing complaint with election division Sec. 6. As provided by 52 U.S.C. 21112, a person who believes there is a violation of any provision of Title III, including a violation that has occurred, is occurring, or is about to occur, may file a complaint with the election division.

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.16.

IC 3-6-4.5-7Form of complaint Sec. 7. As required by 52 U.S.C. 21112, a complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-9.

As added by P.L.209-2003, SEC.13. Amended by P.L.98-2004, SEC.26; P.L.128-2015, SEC.17; P.L.128-2017, SEC.1.

IC 3-6-4.5-8Information required in complaint Sec. 8. The complaint filed under section 7 of this chapter must state the following:

(1) The name and mailing address of the person alleged to be committing the violation of Title III described in the complaint.

(2) Whether the person filing the complaint has filed a complaint concerning the violation with a county election board under IC 3-6-5.1.

(3) The nature of the injury suffered (or about to be suffered) by the person filing the complaint.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-9Copies of complaint provided to commission and persons identified in complaint Sec. 9. The election division shall promptly provide a copy of the complaint 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.

As added by P.L.209-2003, SEC.13. Amended by P.L.240-2025, SEC.8.

IC 3-6-4.5-10Complaint filed with county election board; suspension of state enforcement Sec. 10. A person entitled to file a complaint under this chapter may file a complaint with the county election board where the violation allegedly occurred under IC 3-6-5.1. If a person filed a complaint under IC 3-6-5.1, the election division shall not begin enforcement procedures under this chapter regarding the complaint until the person filing the complaint files a complaint with the election division under this chapter.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-11Complaint against co-director filed with commission chair; duties of commission chair Sec. 11. This section applies if the complaint alleges that either co-director of the election division has committed the violation. The aggrieved person shall file the complaint with the chair of the commission. The chair of the commission shall perform the duties otherwise performed by the election division concerning a complaint.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-12Consolidation of complaints Sec. 12. As permitted under 52 U.S.C. 21112, the election division (or commission) may consolidate complaints filed under this chapter.

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.18.

IC 3-6-4.5-13Preliminary determination of validity of complaint; dismissal; notice of dismissal Sec. 13. The election division shall determine whether a complaint filed under this chapter describes a violation of Title III if the facts set forth in the complaint are assumed to be true. If the election division determines that:

(1) even if the facts set forth in the complaint are assumed to be true, there is no violation of Title III; or

(2) the person has not complied with section 7 of this chapter;

the election division shall dismiss the complaint and publish the order dismissing the matter in the Indiana Register.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-14Persons to whom notices of dismissal provided Sec. 14. If the election division dismisses a complaint under section 13 of this chapter, the election division shall provide a copy of this determination to:

(1) the person who filed the notice by first class mail with tracking;

(2) the person alleged to have committed the violation by first class mail with tracking;

(3) the members of the commission by placing the copy on file at the election division; and

(4) the attorney general by electronic mail.

As added by P.L.209-2003, SEC.13. Amended by P.L.227-2023, SEC.12.

IC 3-6-4.5-15Investigation of complaints determined valid Sec. 15. If the election division determines that the complaint alleges a violation of Title III if the facts alleged in the complaint are assumed to be true and that the person has complied with section 7 of this chapter, the election division shall conduct an investigation under IC 3-6-4.2.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-16Submission of investigation results to commission; commission report; persons provided copy of report Sec. 16. The election division, upon completing the investigation, shall submit the results of the investigation to the commission, which shall then issue a written report. The election division shall provide a copy of the report to:

(1) the person who filed the complaint by first class mail with tracking;

(2) the person alleged to have committed the violation by first class mail with tracking;

(3) the members of the commission by placing the copy on file at the election division; and

(4) the attorney general by electronic mail.

As added by P.L.209-2003, SEC.13. Amended by P.L.227-2023, SEC.13.

IC 3-6-4.5-17Content of report Sec. 17. The report described in section 16 of this chapter must:

(1) indicate the date when the complaint alleging the violation was received by the election division;

(2) contain findings of fact regarding the alleged violation and state whether a violation of Title III has occurred, or appeared to be likely to occur when the complaint was filed;

(3) state what steps, if any, the person alleged to have committed the violation has taken to correct the violation or to prevent a reoccurrence of the violation;

(4) suggest any additional measures that could be taken to correct a violation;

(5) indicate the date when a violation was corrected or is expected to be corrected; and

(6) provide any additional information or recommendations useful in resolving this complaint.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-18Hearing; record Sec. 18. As required by 52 U.S.C. 21112, at the request of the person filing a complaint, or at the request of a member of the commission, the commission shall conduct a hearing on the complaint and prepare a record of the hearing. A request for a hearing must be filed with the election division not later than noon seven (7) days after the report is mailed under section 16 of this chapter.

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.19.

IC 3-6-4.5-19Commission action after hearing Sec. 19. After concluding the hearing, the commission shall:

(1) affirm the report;

(2) amend the report; or

(3) refer the matter to the election division for further investigation and submission of a subsequent report to the commission.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-20Dismissal of complaint after determination of no violation Sec. 20. As required by 52 U.S.C. 21112, if the commission determines that based on the evidence presented, there is no violation of any provision of Title III or that the person has not complied with section 7 of this chapter, the commission shall dismiss the complaint and publish the order dismissing the matter in the Indiana Register.

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.20.

IC 3-6-4.5-21Remedy Sec. 21. As authorized by 52 U.S.C. 21112, if the commission determines that there is a violation of any provision of Title III, the commission shall determine and provide the appropriate remedy if authorized by law to do so. If providing the remedy would require additional or amended Indiana legislation, the commission shall notify the interim study committee on elections established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 and provide recommendations regarding the form and content of this legislation.

As added by P.L.209-2003, SEC.13. Amended by P.L.53-2014, SEC.48; P.L.128-2015, SEC.21.

IC 3-6-4.5-22Civil actions Sec. 22. The secretary of state may file a civil action seeking declaratory or injunctive relief to secure or implement a remedy determined by the commission to be appropriate under section 21 of this chapter.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-23Summary of actions; to whom provided Sec. 23. The commission shall forward a written summary of any action taken by the commission under section 20 or 21 of this chapter to:

(1) the person who filed the complaint by first class mail with tracking;

(2) the person alleged to have committed the violation by first class mail with tracking; and

(3) the attorney general by electronic mail.

As added by P.L.209-2003, SEC.13. Amended by P.L.227-2023, SEC.14.

IC 3-6-4.5-24Deadline for making final determination on complaint Sec. 24. As required by 52 U.S.C. 21112, the commission shall make the final determination regarding the complaint not later than ninety (90) days after the date the complaint is filed. The person filing the complaint may file a written consent permitting the commission to take a longer period to make the final determination regarding the complaint.

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.22.

IC 3-6-4.5-25Extension of deadline Sec. 25. As required by 52 U.S.C. 21112, if the commission fails to make the final determination regarding the complaint within the period applicable to the complaint under section 24 of this chapter, the complaint shall be resolved not later than sixty (60) days after the deadline applicable to the complaint under section 24 of this chapter.

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.23.

IC 3-6-4.5-26Referral of complaint to arbitrator Sec. 26. A complaint described by section 25 of this chapter shall be resolved by referral to an arbitrator selected jointly by the commission and the person who filed the complaint.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-27Record and other materials given to arbitrator Sec. 27. As provided by 52 U.S.C. 21112, the record and other materials from any proceedings conducted by the commission shall be made available for use by the arbitrator.

As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.24.

IC 3-6-4.5-28Filing arbitrator's report; content of report Sec. 28. The arbitrator shall file a report with the election division setting forth the resolution of the complaint. The report must specify the following:

(1) Whether a violation of Title III has occurred or was about to occur when the complaint was filed.

(2) The appropriate remedy to correct any violation.

(3) Whether providing the remedy would require additional or amended Indiana legislation or a civil action for declaratory or injunctive relief.

(4) Any other information and recommendations necessary to fully provide any appropriate relief under this chapter.

As added by P.L.209-2003, SEC.13.

IC 3-6-4.9Chapter 4.9. Administrative Enforcement of Election Law

3-6-4.9-1Chapter does not apply to campaign finance violations 3-6-4.9-2"Agency" 3-6-4.9-3"Enforcement authority" 3-6-4.9-4Proceedings subject to administrative orders and procedures statute 3-6-4.9-5Hearings and investigations by agency member 3-6-4.9-6Investigative costs added to civil penalties 3-6-4.9-7Deposit of investigative costs and civil penalties 3-6-4.9-8Waiver or reduction of penalties 3-6-4.9-9Agreement to waive hearing and pay penalties 3-6-4.9-10Violations of IC 3-11-4-5.2; civil penalties; deposit of civil penalties in election administration assistance fund

IC 3-6-4.9-1Chapter does not apply to campaign finance violations Sec. 1. This chapter does not apply to enforcement of a provision of IC 3-9.

As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-2"Agency" Sec. 2. As used in this chapter, "agency" refers to the following:

(1) The election division, if the commission is the enforcement authority.

(2) The county election board, if the county election board is the enforcement authority.

As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-3"Enforcement authority" Sec. 3. As used in this chapter, "enforcement authority" refers to either of the following:

(1) The commission, which has exclusive jurisdiction under this chapter for matters relating to elections and candidates for state, legislative, and judicial offices.

(2) The county election board, which has jurisdiction under this chapter for matters relating to elections and candidates for local and school board offices.

As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-4Proceedings subject to administrative orders and procedures statute Sec. 4. Proceedings of an enforcement authority under this chapter are subject to IC 4-21.5.

As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-5Hearings and investigations by agency member Sec. 5. (a) If the commission is the enforcement authority, a commission member, or the co-directors, with the authorization of the commission, may conduct a hearing or an investigation, take evidence, and report back to the commission for its consideration and action.

(b) If a county election board is the enforcement authority, a county election board member may conduct a hearing or an investigation, take evidence, and report back to the board for its consideration and action.

As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-6Investigative costs added to civil penalties Sec. 6. If a civil penalty is imposed under this chapter, any investigative costs incurred and documented by the agency shall be added to the civil penalty imposed.

As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-7Deposit of investigative costs and civil penalties Sec. 7. Civil penalties and investigative costs shall be deposited in the fund designated under this chapter.

As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-8Waiver or reduction of penalties Sec. 8. An enforcement authority may, upon the unanimous vote of its entire membership, find that imposition of a civil penalty required to be imposed under this chapter would be unjust under the circumstances and do either of the following:

(1) Waive the penalty.

(2) Reduce the penalty to an amount specified by the enforcement authority.

As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-9Agreement to waive hearing and pay penalties Sec. 9. (a) If a person is notified by the agency that the enforcement authority may assess a proposed civil penalty under this chapter against the person, the person may enter into an agreement with the agency to pay the proposed penalty and waive a hearing before the enforcement authority.

(b) An agreement entered into under this section must:

(1) provide for the payment of the entire proposed civil penalty not later than the date of the execution of the agreement; and

(2) be presented to the enforcement authority by the agency for ratification at the enforcement authority's next regularly scheduled meeting.

As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-10Violations of IC 3-11-4-5.2; civil penalties; deposit of civil penalties in election administration assistance fund Sec. 10. (a) This section does not apply to a person whose sole act is, in the normal course of business, the printing, distribution, or mailing of the communication containing the information.

(b) A person who violates IC 3-11-4-5.2 by mailing a communication that does not contain the information in the manner described by IC 3-11-4-5.2(b) or IC 3-11-4-5.2(c) is subject to a civil penalty as provided in this section.

(c) If the enforcement authority determines that a person is subject to a civil penalty under this section, the enforcement authority may 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).

(d) Penalties and costs collected under this section shall be deposited in the election administration assistance fund established by IC 3-11-6.5-2.

As added by P.L.157-2019, SEC.2.

IC 3-6-5Chapter 5. County Election Boards

3-6-5-1Establishment 3-6-5-2Membership 3-6-5-3Candidates for office as members of board or proxies of record; circuit court clerk as member of candidate's committee 3-6-5-4Appointment of members; term of office 3-6-5-4.5Proxy of record; alternate proxy 3-6-5-5Nominations by county chairmen 3-6-5-6Removal of member upon request of county chairman 3-6-5-7Vacancies 3-6-5-8Chairman of county election board; secretary; filling a vacancy 3-6-5-9Compensation of members and secretary 3-6-5-10Office space 3-6-5-11Chairman to call meetings 3-6-5-12Failure of chairman to call meeting 3-6-5-13Minutes of meetings; inclusion of ballot styles with minutes 3-6-5-14Powers and duties 3-6-5-14.5Delegation of duties of circuit court clerk; resolution 3-6-5-15Political subdivisions with territory in more than one county; duties of county election boards 3-6-5-16Budget estimates 3-6-5-17Reports to election division; contents; publishing election results 3-6-5-17.3Providing absentee reports 3-6-5-17.5Report concerning absentee ballots from overseas and uniformed services voters 3-6-5-18Circuit court clerk to perform duties of clerk or secretary 3-6-5-19Circuit court clerk; exercise of powers and duties of board 3-6-5-20Deputy election commissioners; appointment and removal; residency 3-6-5-21Designation of deputy election commissioners by county chairmen 3-6-5-22Deputy election commissioner's duties 3-6-5-23Clerks, custodians, and employees; students serving as nonpartisan assistants 3-6-5-24Candidates for elected office; service as deputy election commissioner or employment by county board 3-6-5-25Audit of books of county election board 3-6-5-26Examination of persons; administration of oaths 3-6-5-27Subpoena power 3-6-5-28Service of process 3-6-5-29Refusal of person to attend or testify; court order; contempt 3-6-5-30Witness fees 3-6-5-31Election law violations; investigation; action by board 3-6-5-32Civil action by attorney general or prosecuting attorney; injunctions 3-6-5-33Assistance by law enforcement officers 3-6-5-34Appeal of county election board decision; time to file 3-6-5-35Failure to perform duty as precinct election officer, absentee voter board member, or absentee ballot counter; removal; assessment of civil penalty