CHAPTER 3. CAMPAIGN EXPENSES
IC 3-9-3
Chapter 3. Campaign Expenses
IC 3-9-3-1
Application of chapter; certain exception for political party offices
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) An auxiliary party organization.
(5) A legislative caucus committee.
(b) Section 4 of this chapter does not apply to candidates forfederal office.
(c) Section 2.5 of this chapter does not apply to candidates for thefollowing:
(1) Precinct committeeman.
(2) State convention delegate.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.145;P.L.4-1991, SEC.47; P.L.3-1993, SEC.86; P.L.3-1995, SEC.69;P.L.3-1997, SEC.182; P.L.66-2003, SEC.20.
IC 3-9-3-2
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-9-3-2.5
Communications regarding clearly identified candidates; solicitingcontributions
Sec. 2.5. (a) This section does not apply to any of the following:
(1) A communication relating to an election to a federal office.
(2) A communication relating to the outcome of a publicquestion.
(3) A communication described by this section in a mediumregulated by federal law to the extent that federal law regulatesthe appearance, content, or placement of the communication inthe medium.
(4) Bumper stickers, pins, buttons, pens, and similar small itemsupon which the disclaimer required by this section cannot beconveniently printed.
(5) Skywriting, water towers, wearing apparel, or other meansof displaying an advertisement on which the inclusion of adisclaimer would be impracticable.
(6) Checks, receipts, and similar items of minimal value that donot contain a political message and are used for purelyadministrative purposes.
(7) A communication by a political action committee organizedand controlled by a corporation soliciting contributions to thepolitical action committee by the stockholders, executives, or
employees of the corporation and the families of thoseindividuals.
(8) A communication by a political action committee organizedand controlled by a labor organization soliciting contributionsto the political action committee by the members or executivepersonnel of the labor organization and the families of thoseindividuals.
(9) A direct mailing of one hundred (100) or less substantiallysimilar pieces of mail.
(b) This section applies whenever a person:
(1) makes an expenditure for the purpose of financingcommunications expressly advocating the election or defeat ofa clearly identified candidate; or
(2) solicits a contribution;
through a newspaper, a magazine, an outdoor advertising facility, aposter, a yard sign, a direct mailing, or any other type of generalpublic political advertising.
(c) For purposes of this section, a candidate is clearly identifiedif any of the following apply:
(1) The name of the candidate involved appears.
(2) A photograph or drawing of the candidate appears.
(3) The identity of the candidate is apparent by unambiguousreference.
(d) A communication described in subsection (b) must contain adisclaimer that appears and is presented in a clear and conspicuousmanner to give the reader or observer adequate notice of the identityof persons who paid for and, when required, who authorized thecommunication. A disclaimer does not comply with this section if thedisclaimer is difficult to read or if the placement of the disclaimer iseasily overlooked.
(e) A communication that would require a disclaimer if distributedseparately must contain the required disclaimer if included in apackage of materials.
(f) This subsection does not apply to a communication, such as abillboard, that contains only a front face. The disclaimer need notappear on the front or cover page of the communication if thedisclaimer appears within the communication.
(g) Except as provided in subsection (h), a communicationdescribed in subsection (b) must satisfy one (1) of the following:
(1) If the communication is paid for and authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state that the communicationhas been paid for by the authorized political committee.
(2) If the communication is paid for by other persons butauthorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents; the communication must clearly state that the communicationis paid for by the other persons and authorized by the authorizedpolitical committee.
(3) If the communication is not authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state the name of the personwho paid for the communication and state that thecommunication is not authorized by any candidate orcandidate's committee.
(4) If the communication is a solicitation directed to the generalpublic on behalf of a political committee that is not acandidate's committee, the solicitation must clearly state the fullname of the person who paid for the communication.
(h) A communication by a regular party committee consisting of:
(1) a printed slate card, a sample ballot, or other printed listingof three (3) or more candidates for public office at an election;
(2) campaign materials such as handbills, brochures, posters,party tabloids or newsletters, and yard signs distributed byvolunteers and used by the regular party committee inconnection with volunteer activities on behalf of any nomineeof the party; or
(3) materials distributed by volunteers as part of the regularparty's voter registration or get-out-the-vote efforts;
must clearly state the name of the person who paid for thecommunication but is not required to state that the communication isauthorized by any candidate or committee.
As added by P.L.3-1997, SEC.183. Amended by P.L.38-1999,SEC.31; P.L.176-1999, SEC.42.
IC 3-9-3-3
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-9-3-4
Contributions of money
Sec. 4. (a) Money received by a candidate or committee as acontribution may be used only:
(1) to defray any expense reasonably related to the person's orcommittee's:
(A) campaign for federal, state, legislative, or local office;
(B) continuing political activity; or
(C) activity related to service in an elected office;
(2) to make an expenditure to any national, state, or localcommittee of any political party or another candidate'scommittee; or
(3) upon dissolution of a committee, in a manner permittedunder IC 3-9-1-12.
(b) Money received by a candidate or committee as a contribution
may not be used for primarily personal purposes by the candidate orby any other person except as described in subsection (a).
(c) Money received as a contribution may be invested by acommittee in an account with a financial institution, savingsassociation, or credit union, or in any equity account. Any lossresulting from an investment under this subsection must be reportedas a committee expenditure. Any gain resulting from an investmentunder this subsection must be reported as income.
As added by P.L.13-1987, SEC.2. Amended by P.L.3-1993, SEC.87;P.L.3-1995, SEC.70; P.L.79-1998, SEC.1.
IC 3-9-3-5
False representation as office holder in campaign materials
Sec. 5. (a) This section does not apply to the following:
(1) A communication relating to an election to a federal office.
(2) A person whose sole act is, in the normal course of business,participating in the preparation, printing, distribution, orbroadcast of the advertising or material containing the falserepresentation.
(b) As used in this section, "officeholder" refers to a person whoholds an elected office.
(c) A person may not knowingly or intentionally authorize,finance, sponsor, or participate in the preparation, distribution, orbroadcast of paid political advertising or campaign material thatfalsely represents that a candidate in any election is or has been anofficeholder.
As added by P.L.66-2003, SEC.21.