CHAPTER 4.1. INDIANA ELECTION COMMISSION
IC 3-6-4.1
Chapter 4.1. Indiana Election Commission
IC 3-6-4.1-1
Establishment
Sec. 1. The Indiana election commission is established.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-2
Membership
Sec. 2. (a) The commission consists of four (4) individualsappointed 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 majorpolitical party of the state. Not more than two (2) members of thecommission may be a member of the same political party.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-3
Term of office
Sec. 3. (a) The term of an individual serving as a member of thecommission begins on the later of the following:
(1) The day the term of the member whom the individual isappointed to succeed expires.
(2) The day the individual is appointed.
(b) The term of a member expires July 1 of the second year afterthe member's current term begins.
(c) A member may be reappointed to the commission. A memberreappointed to the commission is the member's own successor forpurposes of subsection (a).
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-4
Nominations and appointments for succeeding term
Sec. 4. (a) Before May 1 of a year that the term of a member ofthe commission expires, the state chairman of the major politicalparty of the state represented by that member may nominate, inwriting, two (2) individuals of the state chairman's own politicalparty to succeed the member whose term will expire.
(b) The state chairman of a political party may nominate theindividual whose term will expire that year to serve a new term.
(c) If the state chairman makes the nominations before May 1, thegovernor shall appoint one (1) of the nominees to the commission.
(d) If the state chairman fails to make the nominations before May1, the governor shall, within another ten (10) days, appoint a memberof the same political party as the state chairman. The state chairmanmay 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 theseven (7) day period under subsection (d), the governor shall make
another appointment under subsection (d) that is also subject to thedisapproval of the state chairman under subsection (d).
(f) If the state chairman does not disapprove an appointment undersubsection (d) within the seven (7) day period, the individualappointed by the governor is a member of the commission.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-5
Vacancies
Sec. 5. (a) If a member of the commission resigns, dies, orbecomes unable to serve on the commission, the governor shallnotify the state chairman of the major political party of the staterepresented 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 statechairman's own political party to succeed the member. If the statechairman makes the nominations within ten (10) days, the governorshall 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, appointa member of the same political party as the state chairman. The statechairman may disapprove the selection by notifying the governorwithin seven (7) days after receiving notice of the governor'sappointment.
(d) If the state chairman disapproves the selection within theseven (7) day period under subsection (c), the governor shall makeanother appointment under subsection (c) that is also subject to thedisapproval of the state chairman under subsection (c).
(e) If the state chairman does not disapprove an appointmentunder subsection (c) within the seven (7) day period, the individualappointed by the governor is a member of the commission.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-6
Chair and vice chair of commission
Sec. 6. (a) The governor shall appoint one (1) of the members ofthe commission to be the chair and one (1) of the members of thecommission to be the vice chair of the commission. The chair of thecommission must be a member of the same political party as theindividual who is the secretary of state. The vice chair and the chairmay not be affiliated with the same political party.
(b) The individuals appointed as chair and vice chair serve in theirrespective positions until each individual's term as a member of thecommission 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 3-6-4.1-7
Quorum
Sec. 7. (a) Three (3) members of the commission constitute a
quorum.
(b) Except as otherwise provided in this title, the affirmative voteof at least three (3) members of the commission is necessary for thecommission to take official action other than to meet to taketestimony.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-8
Designation of proxy
Sec. 8. (a) A member of the commission may designate anotherindividual to serve as a proxy of record in the member's place as amember of the commission by filing a written instrument designatingthe proxy of record with the election division. The proxy of recordhas the same authority to act and vote on all matters as does themember. The member may revoke the authority of the proxy ofrecord at any time. The authority of the proxy of record may be eitherlimited or general with regard to duration or subject matter as setforth by the member in the written instrument designating the proxy.
(b) If both the member and the member's proxy of record areunavailable, the member may designate another individual in writingto serve as an alternate proxy in the member's place as a member ofthe commission. This designation must be filed with the electiondivision before taking effect. The alternate proxy has the sameauthority to act and vote on all matters as does the member. Themember may revoke the authority of the alternate proxy at any time.The authority of the alternate proxy may be either limited or generalwith regard to duration or subject matter as set forth by the memberin the written instrument designating the proxy.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.22.
IC 3-6-4.1-9
Meetings
Sec. 9. The chair shall call a meeting of the commission wheneverthe chair considers it necessary for the performance of thecommission's duties.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-10
Failure of chair to call meeting
Sec. 10. If the chair for any reason fails to call a meeting of thecommission, then:
(1) the vice chair, with the written approval of the remainingtwo (2) commission members, may convene a meeting of thecommission; and
(2) the three (3) members of the commission may meet toexecute 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 3-6-4.1-11
Compensation and expenses Sec. 11. (a) Each member of the commission who is not a stateemployee is entitled to receive both of the following:
(1) The minimum salary per diem provided byIC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expensesactually incurred in connection with the member's duties, asprovided in the state travel policies and procedures establishedby the Indiana department of administration and approved bythe budget agency.
(b) Each member of the commission who is a state employee isentitled to reimbursement for travel expenses and other expensesactually incurred in connection with the member's duties, as providedin the state travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-12
Failure of commission to meet and discharge duties
Sec. 12. If the commission fails to meet and discharge the dutiesimposed upon it by law, the governor may order the commission tomeet 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 eachcongressional district of Indiana.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-13
Minutes of meetings
Sec. 13. The election division shall keep minutes of all meetingsof the commission, including a written record of the yes and no voteof 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 3-6-4.1-14
Powers and duties
Sec. 14. (a) In addition to other duties prescribed by law, thecommission 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) Emergency rules described in section 16 of this chapterto implement a court order requiring the commission, theelection division, or an election board or official toadminister an election in a manner not authorized by thistitle.
(ii) Rules (including joint rules with other agencies whennecessary) 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 anapplication from a vendor for voting systems approval andtesting.
(E) Prescribe formats for the storage and submission ofcomputerized voter registration records by county and stateagencies or offices.
(3) Prescribe a uniform set of election and registration forms foruse throughout Indiana, except when prescribed by this title.
(4) Advise and exercise supervision over local election andregistration officers.
(b) This section does not divest a county election board of anypowers and duties imposed on the board in IC 3-6-5, except that ifthere is a deadlock on a county election board, the county electionboard shall submit the question to the commission for finaldetermination.
As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.10;P.L.3-1997, SEC.24.
IC 3-6-4.1-15
Repealed
(Repealed by P.L.3-1997, SEC.474.)
IC 3-6-4.1-16
Emergency rules
Sec. 16. The commission, by unanimous vote of the entiremembership of the commission, may adopt emergency rules underIC 4-22-2-37.1 to implement a court order requiring the commission,the election division, or an election board or official to administer anelection 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.
IC 3-6-4.1-17
Extension of time
Sec. 17. (a) If the commission by unanimous vote of the entiremembership of the commission finds that a natural disaster or otheremergency makes it impossible or unreasonable for a person toperform a duty or file a document by the time specified in this title,the commission may issue an order extending the time forperforming the duty or filing the document.
(b) An order described in subsection (a) expires not later thanthirty (30) days after the order is issued. The order must include thefollowing:
(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 orthe document filed under the order.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-18
Repealed
(Repealed by P.L.3-1997, SEC.474.)
IC 3-6-4.1-19
Subpoena power
Sec. 19. (a) The commission has the power of subpoena and mayrequire a person to appear before the commission, a member of thecommission, or the co-directors to be examined with regard to anymatter with which the commission or the co-directors are chargedwith a duty under this title.
(b) The commission or the co-directors may require appearancesat the office of the commission or at a place fixed by the commissionor co-directors in the county of residence of the person subpoenaed.
(c) A witness who is subpoenaed under this section is entitled tobe 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 3-6-4.1-20
Administration of oath
Sec. 20. A member of the commission, the co-directors, or anemployee of the election division may administer an oath required orpermitted by this title.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.26.
IC 3-6-4.1-21
Actions of commission upon determination of violation
Sec. 21. (a) This section does not apply to a violation of NVRAor IC 3-7.
(b) If the commission determines that there is substantial reasonto believe an election law violation has occurred, it shallexpeditiously make an investigation.
(c) If in the judgment of the commission, after affording duenotice and an opportunity for a hearing, a person has engaged or isabout to engage in an act or practice that constitutes or will constitutea violation of this title or of a rule or an order issued under this title,the commission shall take the action it considers appropriate underthe circumstances, including the following:
(1) Referring the matter to the attorney general if thecommission requests that a civil action be filed under section 22of this chapter.
(2) Referring the matter to the appropriate prosecuting attorneyif the case concerns a criminal violation of this title.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-22
Civil action
Sec. 22. (a) Upon referral under section 21 of this chapter, theattorney 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 orsuperior court in the county in which the person is found, resides, ortransacts business.
(c) Upon a proper showing that the person has engaged or is aboutto engage in an act or a practice described by section 21 of thischapter, 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 3-6-4.1-23
Assistance by police in enforcement of election laws
Sec. 23. (a) The state police department and all state policeofficers shall assist the commission, on request, in the enforcementof the election laws and the discharge of the commission's duties,including the use of state police radio and telephone service onelection days.
(b) The state police department or a state police officer may notsupplant or interfere with a local law enforcement officer or precinctelection officer in the discharge of duties.
As added by P.L.8-1995, SEC.18.
IC 3-6-4.1-24
Campaign finance enforcement account
Sec. 24. (a) The campaign finance enforcement account isestablished within the state general fund to provide money for thefollowing purposes:
(1) Administering and enforcing IC 3-9.
(2) Creating and operating a campaign finance computer systemas authorized under IC 3-9-4-4, including investing intechnology 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 budgetagency, to augment and supplement the funds appropriated to theelection commission for the purposes described in subsection (a).
(c) Expenses of administering the account shall be paid frommoney in the account. The account consists of all civil penaltiescollected by the commission under IC 3-9-4.
(d) Money in the account at the end of a state fiscal year does notrevert 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 3-6-4.1-25
Power to hold hearings and issue advisory opinions
Sec. 25. The commission may do any of the following toadminister Indiana election law:
(1) Hold hearings under IC 4-21.5.
(2) Issue advisory opinions.As added by P.L.3-1997, SEC.28.