CHAPTER 2. CAMPAIGN CONTRIBUTIONS
IC 3-9-2
Chapter 2. Campaign Contributions
IC 3-9-2-1
Application of chapter
Sec. 1. (a) Except as provided in subsections (b) and (c), thischapter applies 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) A legislative caucus committee.
(b) Sections 2 through 10 of this chapter do not apply to electionsfor precinct committeeman or delegate to a state convention.
(c) Section 9 of this chapter applies to a candidate only if thecandidate is required to file a written instrument designating aprincipal committee under IC 3-9-1-5 or IC 3-9-1-5.5.
(d) Sections 9 and 10 of this chapter apply to an auxiliary partyorganization.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.143;P.L.3-1993, SEC.85; P.L.3-1995, SEC.66; P.L.3-1997, SEC.175;P.L.26-2000, SEC.12.
IC 3-9-2-2
Candidates
Sec. 2. Except as otherwise provided in this article, a candidatemay make a voluntary payment of money to a treasurer of acommittee for a purpose permitted by this article.
As added by P.L.5-1986, SEC.5.
IC 3-9-2-3
Corporations, labor organizations, and national banks
Sec. 3. (a) Notwithstanding IC 23-15-5 or any other statute, acorporation or labor organization may make a contribution to aid inthe:
(1) election or defeat of a candidate; or
(2) the success or defeat of:
(A) a political party; or
(B) a public question submitted to a vote in an election.
(b) Contributions by a corporation or labor organization arelimited to those authorized by sections 4, 5, and 6 of this chapter.
(c) A national bank or a corporation organized by authority of anylaw of Congress must comply with contribution restrictionsapplicable to Indiana elections under 2 U.S.C. 441b.
As added by P.L.5-1986, SEC.5. Amended by P.L.11-1987, SEC.3;P.L.7-1990, SEC.29; P.L.14-1992, SEC.1; P.L.3-1997, SEC.176.
IC 3-9-2-4
Corporations or labor organizations; limitation on contributions
Sec. 4. During a year a corporation or labor organization may not
make total contributions in excess of:
(1) an aggregate of five thousand dollars ($5,000) apportionedin any manner among all candidates for state offices (includinga judge of the court of appeals whose retention in office is votedon by a district that does not include all of Indiana);
(2) an aggregate of five thousand dollars ($5,000) apportionedin any manner among all state committees of political parties;
(3) an aggregate of two thousand dollars ($2,000) apportionedin any manner among all candidates for the senate of thegeneral assembly;
(4) an aggregate of two thousand dollars ($2,000) apportionedin any manner among all candidates for the house ofrepresentatives of the general assembly;
(5) an aggregate of two thousand dollars ($2,000) apportionedin any manner among regular party committees organized by alegislative caucus of the senate of the general assembly;
(6) an aggregate of two thousand dollars ($2,000) apportionedin any manner among regular party committees organized by alegislative caucus of the house of representatives of the generalassembly;
(7) an aggregate of two thousand dollars ($2,000) apportionedin any manner among all candidates for school board officesand local offices; and
(8) an aggregate of two thousand dollars ($2,000) apportionedin any manner among all central committees other than statecommittees.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.144;P.L.10-1988, SEC.66.
IC 3-9-2-5
Contributions or donations to specific candidate or committee
Sec. 5. (a) A contribution:
(1) authorized under subsection (c) or section 4 of this chapter;
(2) to a committee by a corporation or labor organization; and
(3) designated by that corporation or labor organization fordisbursement to a specific candidate, central committee, orother regular party committee;
is subject to the limitations in section 4 of this chapter.
(b) A corporation or labor organization may make a donation tocover any amount of administrative costs (as described inIC 3-5-2-15(e)) to a political action committee established andcontrolled by the corporation or labor organization. A donation madeunder this subsection is not considered a contribution or anexpenditure by the corporation or labor organization.
(c) A corporation or labor organization may make a contributionto a political action committee if the contribution:
(1) does not exceed any of the limits prescribed under section4 of this chapter; and
(2) is designated for disbursement to a specific candidate orcommittee listed under section 4 of this chapter.As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.67;P.L.3-1995, SEC.67; P.L.8-1995, SEC.36; P.L.2-1996, SEC.96;P.L.3-1997, SEC.177.
IC 3-9-2-6
Exceptions
Sec. 6. Sections 4 and 5 of this chapter do not apply to thefollowing:
(1) Nonpartisan registration and get-out-the-vote campaigns:
(A) by a corporation aimed at its stockholders andemployees; or
(B) by a trade association or labor organization aimed at itsmembers.
(2) A contribution or transfer by an incorporated nonpartisanpolitical action committee to any other committee.
(3) A contribution supporting or opposing the approval of apublic question submitted to the electorate of the entire state ora local public question.
As added by P.L.5-1986, SEC.5. Amended by P.L.7-1990, SEC.30.
IC 3-9-2-7
Election contest expenses
Sec. 7. This article does not limit or affect the right of a person toexpend money for proper legal expenses in maintaining or contestingthe result of an election.
As added by P.L.5-1986, SEC.5.
IC 3-9-2-8
Contributions from national committee
Sec. 8. A central committee may accept contributions from thenational committee or the national congressional committee of apolitical party to be expended for purposes authorized by this article.
As added by P.L.5-1986, SEC.5.
IC 3-9-2-9
Transfer of contributions to treasurer; segregation of funds
Sec. 9. (a) Each person who accepts a contribution for acommittee shall, on demand of the treasurer of the committee, and inany case within thirty (30) days after receipt of the contribution,transfer to the treasurer the actual contribution if it is money or adetailed account if it is other than money.
(b) The transfer must include the actual monetary value and theinformation about the contribution required to be reported by thetreasurer under IC 3-9-5-14.
(c) This subsection applies to a committee that acceptscontributions or makes expenditures in an aggregate amount of morethan two hundred dollars ($200) in a year. All funds of a committeemust be segregated from, and may not be commingled with, thepersonal funds of officers, members, or associates of the committee.
As added by P.L.5-1986, SEC.5. Amended by P.L.7-1990, SEC.31;
P.L.3-1997, SEC.178.
IC 3-9-2-10
Solicitation of funds; notice
Sec. 10. An individual, an organization, or a committee shallinclude in all literature and advertisements soliciting contributions:
(1) the notice required under IC 3-9-3-2.5; and
(2) any notice required under Section 6113 of the InternalRevenue Code (26 U.S.C. 6113).
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.68;P.L.5-1989, SEC.29; P.L.3-1997, SEC.179.
IC 3-9-2-11
Foreign nationals
Sec. 11. A foreign national (as defined in 2 U.S.C. 441e(b)) maynot make a contribution in connection with:
(1) an election;
(2) a convention; or
(3) a caucus in which a candidate is selected;
under this title.
As added by P.L.3-1995, SEC.68.
IC 3-9-2-12
Prohibition on contributions to legislative and state candidatesduring long session of general assembly; prohibited period;exceptions
Sec. 12. (a) This section does not apply to:
(1) a member of the general assembly; or
(2) a candidate's committee of a member of the generalassembly;
with respect to an office other than a legislative office or a stateoffice to which the member seeks election.
(b) As used in this section, "affected person" refers to any of thefollowing:
(1) An individual who holds a legislative office.
(2) A candidate for a legislative office.
(3) An individual who holds a state office.
(4) A candidate for a state office.
(c) As used in this section, "prohibited period" means the period:
(1) beginning on the day in January in each odd-numbered yearthe general assembly reconvenes under IC 2-2.1-1-2; and
(2) through the day the general assembly adjourns sine die in anodd-numbered year under IC 2-2.1-1-2.
(d) During the prohibited period, an affected person, an affectedperson's candidate's committee, and a legislative caucus committeemay not do any of the following:
(1) Solicit campaign contributions.
(2) Accept campaign contributions.
(3) Conduct other fundraising activities. This subdivision doesnot prohibit an affected person from participating in party
activities conducted by a regular party committee.
As added by P.L.3-1997, SEC.180. Amended by P.L.58-2010,SEC.31.
IC 3-9-2-13
Contributions that violate statutes; state agencies
Sec. 13. An individual may not solicit or receive a contribution inviolation of the following statutes:
(1) IC 4-23-7-3.5 (Indiana Library and Historical Department).
(2) IC 4-23-7.1-38 (Indiana State Library).
(3) IC 4-23-7.2-17 (Indiana Historical Bureau).
(4) IC 8-23-2-3 (Indiana Department of Transportation).
(5) IC 14-9-7-1 and IC 14-10-3-10 (Department of NaturalResources).
As added by P.L.3-1997, SEC.181. Amended by P.L.176-1999,SEC.41.