CHAPTER 1. CAMPAIGN COMMITTEES
IC 3-9
ARTICLE 9. CAMPAIGNS
IC 3-9-1
Chapter 1. Campaign Committees
IC 3-9-1-1
Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapterapplies to candidates in all elections and caucuses and to thefollowing types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) Legislative caucus committees.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation isless than five thousand dollars ($5,000) per year unless thecandidate is required to file a written instrument designating aprincipal committee under section 5.5 of this chapter.
(2) A candidate for school board office unless the candidate isrequired to file a written instrument designating a principalcommittee under section 5.5 of this chapter.
(3) Elections for precinct committeeman or delegate to a stateconvention.
(4) An auxiliary party organization.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.139;P.L.4-1991, SEC.44; P.L.3-1993, SEC.81; P.L.3-1995, SEC.63;P.L.3-1997, SEC.169; P.L.26-2000, SEC.8.
IC 3-9-1-1.5
Deadline for filing statement of organization; determination ofexistence of regular party committee
Sec. 1.5. (a) This section does not apply to a national committeeof a political party.
(b) For purposes of determining the deadline for filing a statementof organization under section 3 of this chapter, a committee becomesa regular party committee when the committee accepts contributionsor makes expenditures during a calendar year:
(1) to influence the election of a candidate for state, legislative,or local office; and
(2) that total more than one hundred dollars ($100).
As added by P.L.9-2004, SEC.12. Amended by P.L.164-2006,SEC.60.
IC 3-9-1-2
Chairman and treasurer
Sec. 2. Each committee must have a chairman and a treasurer whoare ex officio members of the committee. A person may not make anexpenditure or accept a contribution for or on behalf of a committee
without the authorization of its chairman or treasurer.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-3
Statement of organization; filing
Sec. 3. Each committee must file a statement of organization notlater than noon ten (10) days after it becomes a committee.
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.62;P.L.2-1996, SEC.93; P.L.3-1997, SEC.170; P.L.126-2002, SEC.32.
IC 3-9-1-4
Statement of organization; content
Sec. 4. A committee must include in its statement of organizationthe following:
(1) The name and address of the committee.
(2) The purpose for which the committee is formed, unless thecommittee is a candidate's committee that identifies a specificoffice sought by the candidate.
(3) The name and address of the chairman and treasurer.
(4) If applicable, the name, address, office sought, and politicalparty affiliation or independent status of each candidate whomthe committee is supporting.
(5) If the committee is a legislative caucus committee, politicalaction committee, or regular party committee and is supportingthe entire ticket of a political party, the name of the party.
(6) If the committee is a political action committee supportingor opposing a public question, a brief statement of the questionsupported or opposed.
(7) A listing of all banks, safety deposit boxes, and otherdepositories used.
(8) Other information prescribed by the commission underIC 3-6-4.1-14(a)(3).
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1993, SEC.82;P.L.3-1997, SEC.171; P.L.176-1999, SEC.37.
IC 3-9-1-5
Principal committee; designation by written instrument
Sec. 5. (a) This section does not apply to the followingcandidates:
(1) A candidate for a local office for which the compensation isless than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) Each candidate shall have a principal committee.
(c) A candidate shall file a written instrument designating thename of the principal committee and the names of the chairman andtreasurer of the committee. The written instrument must be filed notlater than the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filingany of the following, whichever applies to the candidate: (A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1 orIC 3-13-2.
(E) A declaration of intent to be a write-in candidate underIC 3-8-2.
(3) The date a candidate is required to file the candidate's firstcampaign finance report under IC 3-9-5.
(d) This designation may be made on the same instrument as thestatement of organization required from the principal committee.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.140;P.L.10-1988, SEC.63; P.L.8-1992, SEC.6; P.L.3-1995, SEC.64;P.L.26-2000, SEC.9; P.L.199-2001, SEC.16.
IC 3-9-1-5.5
Principal committee; candidates for school board or certain localoffices; designation by written instrument
Sec. 5.5. (a) This section applies to the following candidates:
(1) A candidate for a local office for which the compensation isless than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) A candidate shall have a principal committee.
(c) Not later than noon ten (10) days after either:
(1) the candidate receives more than five hundred dollars ($500)in contributions; or
(2) the candidate makes more than five hundred dollars ($500)in expenditures;
whichever occurs first, the candidate shall file a written instrumentdesignating the name of the principal committee and the names of thechairman and treasurer of the committee.
(d) This designation may be made on the same instrument as thestatement of organization required from the principal committee.
As added by P.L.26-2000, SEC.10.
IC 3-9-1-6
Failure to file written instrument; designation of committee
Sec. 6. If a candidate fails to file the instrument required bysection 5 or 5.5 of this chapter, the candidate's principal committeeis designated as "the ____________(insert the name of the candidate)for _________ (insert the title of the office sought by the candidate)committee". The candidate is then both chairman and treasurer of thecommittee.
As added by P.L.5-1986, SEC.5. Amended by P.L.26-2000, SEC.11.
IC 3-9-1-7
Candidate as chairman or treasurer
Sec. 7. A candidate may be chairman, treasurer, or both chairmanand treasurer of the candidate's committee.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-8
Candidate as ex officio member
Sec. 8. A candidate is an ex officio member of the candidate'scommittee.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-9
Repealed
(Repealed by P.L.3-1993, SEC.281.)
IC 3-9-1-10
Report of change in information
Sec. 10. A committee shall report any change in informationpreviously submitted in a statement of organization within ten (10)days following the change.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-11
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-9-1-12
Dissolution of committee
Sec. 12. (a) A committee may disband at any time in the mannerprescribed by this section.
(b) The commission or a county election board mayadministratively disband a committee in the manner prescribed bythis section.
(c) The commission has exclusive jurisdiction to disband any ofthe 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 orreport with the election division.
(5) A regular party committee that has filed a statement orreport with the election division.
(d) A county election board has exclusive jurisdiction to disbandany 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 orreport with the election board, unless the political actioncommittee has also filed a report with the election division.
(4) A regular party committee that has filed a statement orreport with the election board, unless the regular partycommittee has also filed a report with the election division.
(e) The commission or a county election board mayadministratively 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 listof committees that have filed statements of organization withthe division or board under this article.
(2) If the election division or county election board determinesboth of the following, the election division or county electionboard may begin a proceeding before the commission or boardto administratively disband the committee:
(A) The committee has not filed any report of expendituresduring the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amountthat does not exceed one thousand dollars ($1,000), if thecommittee filed a report under this article.
(3) The election division or county election board shall providenotice of the proceeding by certified mail to the last knownaddress of the chairman and treasurer of the committee.
(4) The commission or board may issue an orderadministratively dissolving the committee and waiving anyoutstanding civil penalty previously imposed by the commissionor board, if the commission or board makes the followingfindings:
(A) There is no evidence that the committee continues toreceive contributions, make expenditures, or otherwisefunction as a committee.
(B) The prudent use of public resources makes furtherefforts to collect any outstanding civil penalty imposedagainst the committee wasteful or unjust.
(C) According to the best evidence available to thecommission or board, the dissolution of the committee willnot impair any contract or impede the collection of a debt orjudgment by any person.
(5) The election division shall arrange for the publication in theIndiana Register of an order administratively disbanding acommittee. A county election board shall publish a notice underIC 5-3-1 stating that the board has disbanded a committee underthis subsection. The notice must state the date of the order andthe name of the committee, but the board is not required topublish the text of the order.
(6) An order issued under this subsection takes effectimmediately upon its adoption, unless otherwise specified in theorder.
(f) If the chairman or treasurer of a committee wishes to disbandthe committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer asurplus of contributions less expenditures to any one (1) or acombination 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 taxationunder 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 underIC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver ofcivil penalties, a dissolution or transfer of funds does not relieve thecommittee or the committee's members from civil or criminalliability.
As added by P.L.5-1986, SEC.5. Amended by P.L.13-1987, SEC.1;P.L.8-1992, SEC.7; P.L.3-1993, SEC.83; P.L.2-1996, SEC.94;P.L.3-1997, SEC.172; P.L.176-1999, SEC.38; P.L.126-2002,SEC.33.
IC 3-9-1-13
Treasurer of committee; qualifications
Sec. 13. A treasurer of a committee:
(1) must be a United States citizen;
(2) may not be the chairman of a committee except in the caseof a candidate under section 7 of this chapter;
(3) must be appointed treasurer in writing as required by section14 of this chapter; and
(4) must file the written instrument of appointment as requiredby section 15 of this chapter.
As added by P.L.5-1986, SEC.5. Amended by P.L.8-1992, SEC.8.
IC 3-9-1-14
Appointment or designation of treasurer
Sec. 14. The chairman of a committee shall appoint or designatethe treasurer of the committee in a written instrument.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.65.
IC 3-9-1-15
Filing notice of appointment or designation
Sec. 15. The treasurer of a committee shall file a notice of thetreasurer's written appointment or designation with the electiondivision or the county election board, as required by IC 3-9-5-2,IC 3-9-5-3, or IC 3-9-5-4.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.141;P.L.10-1988, SEC.64; P.L.2-1996, SEC.95; P.L.3-1997, SEC.173.
IC 3-9-1-16
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-9-1-17
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-9-1-18
Treasurer serving on more than one committee
Sec. 18. A treasurer of one committee may be the treasurer of
another committee unless the treasurer is a candidate.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-19
Removal of chairman or treasurer
Sec. 19. (a) A committee may remove a person appointed ordesignated chairman or treasurer by the committee without assigninga cause. The committee may also appoint or designate the successorof the removed chairman or treasurer.
(b) Upon removal, the treasurer shall immediately account for andturn over to the treasurer's successor in office the value then in thetreasurer's possession.
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.65;P.L.4-1991, SEC.46; P.L.3-1993, SEC.84.
IC 3-9-1-20
All money or property to be handled by treasurer
Sec. 20. All money or other property collected or received by acommittee or by a member of it for a political purpose shall be paidover to and made to pass through the hands of the treasurer of thecommittee. Similarly, all money or other property must be disbursedby the treasurer.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-21
Expenditure or disbursement of money; approval of committee
Sec. 21. The treasurer of a committee may not expend or disbursemoney or other property or incur any liability except by the authorityand subject to the direction of the committee for which the treasureris acting.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-22
Vouchers for disbursements
Sec. 22. Disbursements may be made by a voucher drawn by thechairman of a committee on the treasurer and presented to thetreasurer for payment. The voucher must show the specific purposefor which the money is being expended.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-23
Accounts and records
Sec. 23. The treasurer of a committee shall keep a detailed andexact account of the information required to be reported under thisarticle.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1997, SEC.174.
IC 3-9-1-24
Preservation of receipted bills and checks
Sec. 24. (a) The treasurer of a committee shall obtain and keep
receipted bills, cancelled checks, or other proof of payment, statingthe particulars for each expenditure made by or on behalf of acommittee:
(1) of more than twenty-five dollars ($25); and
(2) for a smaller amount, if the aggregate amount of theexpenditures to the same person during a year exceedstwenty-five dollars ($25).
(b) The treasurer shall preserve all receipted bills and accountsrequired to be kept by this section for:
(1) three (3) years; or
(2) one (1) year after the date of dissolution of the committee;
whichever occurs first.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.142.
IC 3-9-1-25
Solicitation and receipt of contributions by member
Sec. 25. (a) A member of a committee that has appointed atreasurer in accordance with this chapter may solicit or receivecontributions as long as the member immediately turns over thecontributions without diminution to the treasurer of the committee,to be disbursed and accounted for by the treasurer as provided by thisarticle. The treasurer shall show, in the treasurer's account andstatement and in addition to the requirements of IC 3-9-5, throughwhat member of the committee any contributions were received.
(b) A contribution is considered to be received and accepted by acommittee when any member of the committee:
(1) has physical possession of the contribution; and
(2) manifests an intent to keep the contribution by depositingthe contribution, subject to IC 3-9-5-14(c).
As added by P.L.5-1986, SEC.5. Amended by P.L.176-1999, SEC.39.
IC 3-9-1-25.5
Calendar year in which contribution made
Sec. 25.5. For purposes of this article, a person makes acontribution during the calendar year in which the personrelinquishes control over the contribution by:
(1) depositing the contribution in the United States mail; or
(2) transferring the contribution to any other person who hasbeen directed to convey the contribution to the person intendedto be the recipient of the contribution.
As added by P.L.176-1999, SEC.40.
IC 3-9-1-26
Other persons receiving or disbursing funds; requirements andobligations
Sec. 26. A person, except a person authorized by the treasurer ofa committee and a member of a committee, who receives or disbursesmoney for a political purpose is subject to all the requirements,obligations, and penalties to which the treasurer of a committee issubject.As added by P.L.5-1986, SEC.5.