CHAPTER 4. ADMINISTRATION BY ELECTION DIVISION AND COUNTY ELECTION BOARDS
IC 3-9-4
Chapter 4. Administration by Election Division and CountyElection Boards
IC 3-9-4-1
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) A legislative caucus committee.
(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 IC 3-9-1-5.5.
(2) Elections for precinct committeeman or delegate to a stateconvention.
(3) A candidate for a school board office unless the candidateis required to file a written instrument designating a principalcommittee under IC 3-9-1-5.5.
(4) An auxiliary party organization.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.146;P.L.3-1993, SEC.88; P.L.3-1995, SEC.71; P.L.3-1997, SEC.184;P.L.26-2000, SEC.13.
IC 3-9-4-2
Forms
Sec. 2. The election division shall furnish forms prescribed by thecommission for making the reports and statements required to befiled under this article.
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.97;P.L.3-1997, SEC.185.
IC 3-9-4-3
Information manual
Sec. 3. The commission shall prepare, publish, and furnish tocandidates and all interested persons on request a manual settingforth recommended uniform methods of bookkeeping and reportingand shall summarize all the requirements of this article.
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.98.
IC 3-9-4-4
Filing, coding, and cross-indexing system; computer system;standardized software program; electronic submission
Sec. 4. (a) The election division shall develop a filing and codingsystem consistent with the purposes of this article. The electiondivision and each county election board shall use the filing and
coding system. The coding system must provide:
(1) not more than ten (10) codes to account for variouscampaign expenditure items; and
(2) a clear explanation of the kinds of expenditure items thatmust be accounted for under each code.
(b) The election division shall develop and use a computer systemto store campaign finance reports required to be filed underIC 3-9-5-6, IC 3-9-5-10, and IC 3-9-5-20.1. The computer systemmust enable the election division to do the following:
(1) Identify all candidates or committees that receivedcontributions from a contributor over the past three (3) years.
(2) Identify all contributors to a candidate or committee over thepast three (3) years.
(3) Provide for electronic submission, retrieval, storage, anddisclosure of campaign finance reports of candidates for thefollowing:
(A) Legislative office.
(B) State office.
The election division shall provide training at no cost tocandidates to enable candidates described in this subdivision tofile campaign finance reports electronically.
(c) The election division shall notify each candidate's committeethat the election division will provide at the committee's request at nocost a standardized software program to permit the committee toinstall the software on a computer and generate an electronic versionof the reports and statements required to be filed with the electiondivision under this article. However, the election division is notrequired to provide or alter the software program to make theprogram compatible for installation or operation on a specificcomputer.
(d) This subsection applies to the following committees:
(1) A committee for a candidate seeking election to a stateoffice.
(2) A political action committee that has received more thanfifty thousand dollars ($50,000) in contributions since the closeof the previous reporting period.
The committee must file electronically the report or statementrequired under this article with the election division using astandardized software program supplied to the committee withoutcharge under subsection (c) or another format approved by theelection division. An electronic filing approved by the electiondivision under this subsection may not require manual reentry into acomputer system of the data contained in the report or statement inorder to make the data available to the general public undersubsection (g).
(e) This subsection applies to an electronic submission undersubsection (b)(3). An electronic submission must be in a formatpreviously approved by the commission that permits the electiondivision to print out a hard copy of the report after the receipt of theelectronic submission from the candidate. Filing of a report occurs
under IC 3-5-2-24.5 on the date and at the time electronicallyrecorded by the election division's computer system. If a discrepancyexists between the text of the electronic submission and the printedreport, the text of the printed report prevails until an amendment isfiled under this article to correct the discrepancy.
(f) The election division is not required to accept an electronicsubmission unless the submission complies with subsection (b)(3).Upon receiving approval from the commission, the election divisionmay accept an electronic submission from candidates, committees,or persons described in subsection (b)(3).
(g) The election division shall make campaign finance reportsstored on the computer system under subsection (b) available to thegeneral public through an on-line service.
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.99;P.L.4-1996, SEC.33; P.L.3-1997, SEC.186; P.L.176-1999, SEC.43;P.L.126-2002, SEC.34; P.L.45-2003, SEC.1; P.L.221-2005, SEC.19;P.L.164-2006, SEC.61.
IC 3-9-4-5
Reports and statements; public inspection and copying; sale ofinformation copied
Sec. 5. (a) The election division and each county election boardshall make the reports and statements filed with them available forpublic inspection and copying, commencing as soon as practicablebut not later than the end of the second business day following theday during which they were received.
(b) The election division and the county election boards shall alsopermit copying of a report or statement by hand or by duplicatingmachine, as requested, at the expense of the person and subject toIC 5-14-3-8. Inspection and copying of records contained on thecomputer system described in section 4(b) of this chapter are subjectto IC 5-14-3.
(c) A person may not sell information copied from reports andstatements under this section or use it for a commercial purpose.However, this restriction does not apply to a newspaper, magazine,book, or other communication with a principal purpose other thancommunicating contributor information:
(1) to solicit contributions; or
(2) for other commercial purposes.
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.70;P.L.8-1992, SEC.9; P.L.2-1996, SEC.100; P.L.4-1996, SEC.34;P.L.3-1997, SEC.187.
IC 3-9-4-6
Preservation of reports and statements
Sec. 6. (a) Except as provided in subsections (b) and (c), theelection division and each county election board shall preservereports and statements for four (4) years from December 1 followingthe election to which they pertain, unless the records are in litigation.
(b) This subsection applies to reports and statements filed by a
person that seeks to influence the election or retention of anindividual to an office with a term of more than four (4) years. Theelection division and each county election board shall preserve thereports and statements subject to this subsection until the finalDecember 1 before the expiration of the term for the office, unlessthe records are in litigation.
(c) If a report is a duplicate of a report required to be filed underthe federal Election Campaign Act (2 U.S.C. 431 et seq.), the reportmay be discarded on January 1 of the second year after the reportwas filed.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.72;P.L.2-1996, SEC.101; P.L.3-1997, SEC.188; P.L.66-2003, SEC.22.
IC 3-9-4-7
List of statements
Sec. 7. The election division and each county election board shallcompile and maintain a current list of all statements or parts ofstatements pertaining to each candidate, committee, and publicquestion.
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.102;P.L.3-1997, SEC.189.
IC 3-9-4-8
Annual report
Sec. 8. (a) The election division shall prepare and make availableto the public an annual report including compilations of totalreported contributions and expenditures for all candidates,committees, and other persons during the year.
(b) Each county election board may prepare an annual report thatincludes compilations of total reported contributions andexpenditures for all candidates, committees, and other persons withinthe county during the year.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.147;P.L.2-1996, SEC.103; P.L.3-1997, SEC.190.
IC 3-9-4-9
Annual compilations
Sec. 9. The election division and each county election board mayprepare and publish annual compilations of:
(1) total amounts expended according to categories itdetermines and broken down into:
(A) candidate;
(B) party;
(C) legislative caucus committee; and
(D) political action committee;
expenditures on the state, legislative, and local levels;
(2) total amounts expended for influencing nominations andelections stated separately; and
(3) total amounts contributed according to categories ofamounts it determines and broken down into contributions on
the state, legislative, and local levels for candidates andcommittees.
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.104;P.L.3-1997, SEC.191.
IC 3-9-4-10
Special reports
Sec. 10. The election division and each county election board mayprepare and publish special reports from time to time comparing thevarious totals and categories of contributions and expenditures madewith respect to previous elections.
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.105;P.L.3-1997, SEC.192.
IC 3-9-4-11
Miscellaneous reports
Sec. 11. The election division and each county election board mayprepare and publish other reports they consider appropriate.
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.106;P.L.3-1997, SEC.193.
IC 3-9-4-12
Repealed
(Repealed by P.L.3-1995, SEC.157.)
IC 3-9-4-13
Audits; investigations
Sec. 13. The election division and each county election boardshall make audits and field investigations from time to time withrespect to reports and statements filed under this article and withrespect to an alleged failure to file a report or statement requiredunder this article. The election division may request the state boardof accounts to assist in the performance of audits the electiondivision considers necessary, and the state board of accounts mayperform the audits that are requested.
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.107;P.L.3-1997, SEC.194.
IC 3-9-4-14
Examination of statements of organization or reports; campaignfinance reports
Sec. 14. (a) The election division and each county election boardshall do all of the following:
(1) Ascertain whether candidates, committees, or other personshave:
(A) failed to file statements of organization or reports; or
(B) filed defective statements of organization or reports.
(2) Give the following notices:
(A) To delinquents to file a statement of organization or areport immediately upon receipt of the notice. A delinquency
notice for a report must be given not later than thirty (30)days after the date the report was required to be filed. Theelection division or a county election board may, but is notrequired to, give delinquency notices at other times.
(B) To persons filing defective reports to make asupplemental statement or report correcting all defects notlater than noon five (5) calendar days after receipt of thenotice.
(3) Make available for public inspection a list of delinquentsand persons who have failed to file the required supplementalstatement or report. The election division and each countyelection board shall post a list of delinquents in a public placeat or near the entrance of the commission's or board's respectiveoffices.
(b) The election division shall mail:
(1) to each candidate required to file a campaign finance reportwith the election division; and
(2) twenty-one (21) days before the campaign finance reportsare due;
the proper campaign finance report forms and a notice that states thedate the campaign finance reports are due. The election division isrequired to mail notices and forms only to candidates for state officesand legislative offices. A county election board may, but is notrequired to, implement this subsection for candidates for localoffices.
(c) Notwithstanding any notice given to a delinquent undersubsection (a) or (b), the delinquent remains liable for a civil penaltyin the full amount permitted under this chapter for failing to file acampaign finance report or statement of organization not later thanthe date and time prescribed under this article.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.73;P.L.2-1996, SEC.108; P.L.3-1997, SEC.195; P.L.176-1999, SEC.44;P.L.14-2004, SEC.71.
IC 3-9-4-15
Hearings
Sec. 15. A member of the commission, the co-directors, with theauthorization of the commission, or a member of a county electionboard may conduct a hearing or an investigation, take evidence, andreport back to the commission or board for its consideration andaction.
As added by P.L.5-1986, SEC.5. Amended by P.L.8-1995, SEC.37.
IC 3-9-4-16
Civil penalties; election commission
Sec. 16. (a) In addition to any other penalty imposed, a personwho does any of the following is subject to a civil penalty under thissection:
(1) Fails to file with the election division a report in the mannerrequired under IC 3-9-5. (2) Fails to file a statement of organization required underIC 3-9-1.
(3) Is a committee or a member of a committee who disbursesor expends money or other property for any political purposebefore the money or other property has passed through thehands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject tothis article or to a person authorized by law or a committee toreceive contributions on the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of thelimitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the nameof another person.
(8) Is not the treasurer of a committee subject to this article, andpays any expenses of an election or a caucus except asauthorized by this article.
(9) Commingles the funds of a committee with the personalfunds of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation ofIC 3-9-3-4.
(11) Violates IC 3-9-2-12.
(12) Fails to designate a contribution as required byIC 3-9-2-5(c).
(13) Violates IC 3-9-3-5.
(14) Serves as a treasurer of a committee in violation of any ofthe following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(15) Fails to comply with section 4(d) of this chapter.
(b) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(1) or (a)(2) for filing a defective reportor statement. If the commission determines that a person failed to filethe amended report or statement of organization not later than noonfive (5) days after being given notice under section 14 of this chapter,the commission may assess a civil penalty. The penalty is ten dollars($10) for each day the report is late after the expiration of the five (5)day period, not to exceed one hundred dollars ($100) plus anyinvestigative costs incurred and documented by the election division.The civil penalty limit under this subsection applies to each reportseparately.
(c) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(1) or (a)(2) for a delinquent report orstatement. If the commission determines that a person failed to filethe report or statement of organization by the deadline prescribedunder this article, the commission shall assess a civil penalty. Thepenalty is fifty dollars ($50) for each day the report or statement islate, with the afternoon of the final date for filing the report orstatement being calculated as the first day. The civil penalty under
this subsection may not exceed one thousand dollars ($1,000) plusany investigative costs incurred and documented by the electiondivision. The civil penalty limit under this subsection applies to eachreport separately.
(d) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9),or (a)(10). If the commission determines that a person is subject toa civil penalty under subsection (a), the commission may assess acivil penalty of not more than one thousand dollars ($1,000), plusany investigative costs incurred and documented by the electiondivision.
(e) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(5). If the commission determines that aperson is subject to a civil penalty under subsection (a)(5), thecommission may assess a civil penalty of not more than three (3)times the amount of the contribution in excess of the limit prescribedby IC 3-9-2-4, plus any investigative costs incurred and documentedby the election division.
(f) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(11). If the commission determines thata candidate or the candidate's committee has violated IC 3-9-2-12,the commission shall assess a civil penalty equal to the greater of thefollowing, plus any investigative costs incurred and documented bythe election division:
(1) Two (2) times the amount of any contributions received.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(12). If the commission determines thata corporation or a labor organization has failed to designate acontribution in violation of IC 3-9-2-5(c), the commission shallassess a civil penalty equal to the greater of the following, plus anyinvestigative costs incurred and documented by the election division:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(h) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(13). If the commission determines, byunanimous vote of the entire membership of the commission, that aperson has violated IC 3-9-3-5, the commission may assess a civilpenalty of not more than five hundred dollars ($500), plus anyinvestigative costs incurred and documented by the election division.
(i) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(14). If the commission determines, byunanimous vote of the entire membership of the commission, that aperson has served as the treasurer of a committee in violation of anyof the statutes listed in subsection (a)(14), the commission mayassess a civil penalty of not more than five hundred dollars ($500),plus any investigative costs incurred and documented by the electiondivision.
(j) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(15). The commission may assess a civil
penalty equal to the costs incurred by the election division for themanual entry of the data contained in the report or statement, plusany investigative costs incurred and documented by the electiondivision.
(k) All civil penalties collected under this section shall bedeposited with the treasurer of state in the campaign financeenforcement account.
(l) Proceedings of the commission under this section are subjectto IC 4-21.5.
As added by P.L.3-1993, SEC.89. Amended by P.L.3-1995, SEC.74;P.L.2-1996, SEC.109; P.L.4-1996, SEC.35; P.L.3-1997, SEC.196;P.L.66-2003, SEC.23; P.L.14-2004, SEC.72; P.L.221-2005, SEC.20.
IC 3-9-4-17
Civil penalties; county election board
Sec. 17. (a) In addition to any other penalty imposed, a personwho does any of the following is subject to a civil penalty under thissection:
(1) Fails to file with a county election board a report in themanner required under IC 3-9-5.
(2) Fails to file a statement of organization required underIC 3-9-1.
(3) Is a committee or a member of a committee who disbursesor expends money or other property for any political purposebefore the money or other property has passed through thehands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject tothis article or to a person authorized by law or a committee toreceive contributions in the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of thelimitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the nameof another person.
(8) Is not the treasurer of a committee subject to this article, andpays any expenses of an election or a caucus except asauthorized by this article.
(9) Commingles the funds of a committee with the personalfunds of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation ofIC 3-9-3-4.
(11) Fails to designate a contribution as required byIC 3-9-2-5(c).
(12) Violates IC 3-9-3-5.
(13) Serves as a treasurer of a committee in violation of any ofthe following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(b) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for filing a defective reportor statement. If the county election board determines that a personfailed to file the report or a statement of organization not later thannoon five (5) days after being given notice under section 14 of thischapter, the county election board may assess a civil penalty. Thepenalty is ten dollars ($10) for each day the report is late after theexpiration of the five (5) day period, not to exceed one hundreddollars ($100) plus any investigative costs incurred and documentedby the board. The civil penalty limit under this subsection applies toeach report separately.
(c) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(1) or (a)(2) for a delinquent report orstatement. If the county election board determines that a personfailed to file the report or statement of organization by the deadlineprescribed under this article, the board shall assess a civil penalty.The penalty is fifty dollars ($50) for each day the report is late, withthe afternoon of the final date for filing the report or statement beingcalculated as the first day. The civil penalty under this subsectionmay not exceed one thousand dollars ($1,000) plus any investigativecosts incurred and documented by the board. The civil penalty limitunder this subsection applies to each report separately.
(d) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9),or (a)(10). If the county election board determines that a person issubject to a civil penalty under subsection (a), the board may assessa civil penalty of not more than one thousand dollars ($1,000), plusany investigative costs incurred and documented by the board.
(e) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(5). If the county election boarddetermines that a person is subject to a civil penalty under subsection(a)(5), the board may assess a civil penalty of not more than three (3)times the amount of the contribution in excess of the limit prescribedby IC 3-9-2-4, plus any investigative costs incurred and documentedby the board.
(f) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(11). If the county election boarddetermines that a corporation or a labor organization has failed todesignate a contribution in violation of IC 3-9-2-5(c), the board shallassess a civil penalty equal to the greater of the following, plus anyinvestigative costs incurred and documented by the board:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(12). If the county election boarddetermines, by unanimous vote of the entire membership of theboard, that a person has violated IC 3-9-3-5, the board may assess acivil penalty of not more than five hundred dollars ($500), plus anyinvestigative costs incurred and documented by the board.
(h) This subsection applies to a person who is subject to a civilpenalty under subsection (a)(13). If the county election board
determines, by unanimous vote of the entire membership of theboard, that a person has served as the treasurer of a committee inviolation of any of the statutes listed in subsection (a)(13), the boardmay assess a civil penalty of not more than five hundred dollars($500), plus any investigative costs incurred and documented by theboard.
(i) All civil penalties collected under this section shall bedeposited with the county treasurer to be deposited by the countytreasurer in a separate account to be known as the campaign financeenforcement account. The funds in the account are available, with theapproval of the county fiscal body, to augment and supplement thefunds appropriated for the administration of this article.
(j) Money in the campaign finance enforcement account does notrevert to the county general fund at the end of a county fiscal year.
(k) Proceedings of the county election board under this section aresubject to IC 4-21.5.
As added by P.L.3-1993, SEC.90. Amended by P.L.3-1995, SEC.75;P.L.3-1997, SEC.197; P.L.66-2003, SEC.24; P.L.14-2004, SEC.73.
IC 3-9-4-18
Delinquent or defective report
Sec. 18. (a) As used in this section, "delinquent or defectivereport" refers to a campaign finance report or statement oforganization:
(1) that was required to be filed under IC 3-9-5 but was not filedin the manner required under IC 3-9-5; and
(2) for which a person was assessed a civil penalty undersection 16 or 17 of this chapter.
(b) As used in this section, "election board" refers to thefollowing:
(1) The commission if a civil penalty was assessed undersection 16 of this chapter.
(2) The county election board if a civil penalty was assessedunder section 17 of this chapter.
(c) As used in this section, "person" refers to a person who:
(1) has been assessed a civil penalty under section 16 or 17 ofthis chapter; and
(2) has filed a declaration of candidacy, a petition ofnomination, or a declaration of intent to be a write-in candidatein a subsequent election or for whom a certificate of nominationhas been filed.
(d) A person who does both of the following is relieved fromfurther civil liability under this chapter for the delinquent ordefective report:
(1) Files the delinquent report or amends the defective reportfrom the previous candidacy:
(A) before filing a report required under IC 3-9-5-6; or
(B) at the same time the person files the report requiredunder IC 3-9-5-6;
for a subsequent candidacy. (2) Pays all civil penalties assessed under section 16 or 17 ofthis chapter for the delinquent report.
(e) This subsection applies to a person who:
(1) is assessed a civil penalty under this chapter; and
(2) is elected to office in the subsequent election.
The election board may order the auditor of state or the fiscal officerof the political subdivision responsible for issuing the person'spayment for serving in office to withhold from the person's paycheckthe amount of the civil penalty assessed under this chapter. If theamount of the paycheck is less than the amount of the civil penalty,the auditor or fiscal officer shall continue withholding money fromthe person's paycheck until an amount equal to the amount of thecivil penalty has been withheld.
(f) The auditor of state or fiscal officer shall deposit an amountpaid, recovered, or withheld under this section in the election board'scampaign finance enforcement account.
(g) Proceedings of the election board under this section aresubject to IC 4-21.5.
As added by P.L.3-1993, SEC.91. Amended by P.L.3-1995, SEC.76;P.L.2-1996, SEC.110; P.L.3-1997, SEC.198; P.L.176-1999, SEC.45.
IC 3-9-4-19
Waiver or reduction of civil penalty
Sec. 19. Notwithstanding section 16 or 17 of this chapter, if uponthe unanimous vote of its entire membership, the commission or acounty election board finds that imposition of a civil penalty requiredto be imposed would be unjust under the circumstances, thecommission or board may do either of the following:
(1) Waive the penalty.
(2) Reduce the penalty to an amount specified by thecommission or the board.
As added by P.L.3-1997, SEC.199.
IC 3-9-4-20
Settlement agreement to pay proposed civil penalty
Sec. 20. (a) Notwithstanding section 16 of this chapter, if a personis notified by the election division that the commission may assessa proposed civil penalty under this article against the person, theperson may enter into an agreement with the election division to paythe proposed penalty and waive a hearing before the commissionotherwise required under section 16 of this chapter.
(b) An agreement entered into under this section must:
(1) provide for the payment of the entire proposed civil penaltynot later than the date of the execution of the agreement; and
(2) be presented to the commission by the election division forratification at the commission's next regularly scheduledmeeting.
As added by P.L.221-2005, SEC.21.