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) individuals
appointed 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 major
political party of the state. Not more than two (2) members of the
commission 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 the
commission begins on the later of the following:
(1) The day the term of the member whom the individual is
appointed to succeed expires.
(2) The day the individual is appointed.
(b) The term of a member expires July 1 of the second year after
the member's current term begins.
(c) A member may be reappointed to the commission. A member
reappointed to the commission is the member's own successor for
purposes 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 of
the commission expires, the state chairman of the major political
party of the state represented by that member may nominate, in
writing, two (2) individuals of the state chairman's own political
party to succeed the member whose term will expire.
(b) The state chairman of a political party may nominate the
individual whose term will expire that year to serve a new term.
(c) If the state chairman makes the nominations before May 1, the
governor shall appoint one (1) of the nominees to the commission.
(d) If the state chairman fails to make the nominations before May
1, the governor shall, within another ten (10) days, appoint a member
of the same political party as the state chairman. The state chairman
may 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 the
seven (7) day period under subsection (d), the governor shall make
another appointment under subsection (d) that is also subject to the
disapproval of the state chairman under subsection (d).
(f) If the state chairman does not disapprove an appointment under
subsection (d) within the seven (7) day period, the individual
appointed 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, or
becomes unable to serve on the commission, the governor shall
notify the state chairman of the major political party of the state
represented 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 state
chairman's own political party to succeed the member. If the state
chairman makes the nominations within ten (10) days, the governor
shall 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, appoint
a member of the same political party as the state chairman. The state
chairman may disapprove the selection by notifying the governor
within seven (7) days after receiving notice of the governor's
appointment.
(d) If the state chairman disapproves the selection within the
seven (7) day period under subsection (c), the governor shall make
another appointment under subsection (c) that is also subject to the
disapproval of the state chairman under subsection (c).
(e) If the state chairman does not disapprove an appointment
under subsection (c) within the seven (7) day period, the individual
appointed 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 of
the commission to be the chair and one (1) of the members of the
commission to be the vice chair of the commission. The chair of the
commission must be a member of the same political party as the
individual who is the secretary of state. The vice chair and the chair
may not be affiliated with the same political party.
(b) The individuals appointed as chair and vice chair serve in their
respective positions until each individual's term as a member of the
commission 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 vote
of at least three (3) members of the commission is necessary for the
commission to take official action other than to meet to take
testimony. 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 another
individual to serve as a proxy of record in the member's place as a
member of the commission by filing a written instrument designating
the proxy of record with the election division. The proxy of record
has the same authority to act and vote on all matters as does the
member. The member may revoke the authority of the proxy of
record at any time. The authority of the proxy of record may be either
limited or general with regard to duration or subject matter as set
forth by the member in the written instrument designating the proxy.
(b) If both the member and the member's proxy of record are
unavailable, the member may designate another individual in writing
to serve as an alternate proxy in the member's place as a member of
the commission. This designation must be filed with the election
division before taking effect. The alternate proxy has the same
authority to act and vote on all matters as does the member. The
member may revoke the authority of the alternate proxy at any time.
The authority of the alternate proxy may be either limited or general
with regard to duration or subject matter as set forth by the member
in 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 whenever
the chair considers it necessary for the performance of the
commission'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 the
commission, then:
(1) the vice chair, with the written approval of the remaining
two (2) commission members, may convene a meeting of the
commission; and
(2) the three (3) members of the commission may meet to
execute 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 state
employee is entitled to receive both of the following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established
by the Indiana department of administration and approved by
the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department 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 duties
imposed upon it by law, the governor may order the commission to
meet 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 each
congressional 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 meetings
of the commission, including a written record of the yes and no vote
of 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, the
commission 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 chapter
to implement a court order requiring the commission, the
election division, or an election board or official to
administer an election in a manner not authorized by this
title.
(ii) Rules (including joint rules with other agencies when
necessary) 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 an
application from a vendor for voting systems approval and
testing.
(E) Prescribe formats for the storage and submission of
computerized voter registration records by county and state
agencies or offices.
(3) Prescribe a uniform set of election and registration forms for
use throughout Indiana, except when prescribed by this title.
(4) Advise and exercise supervision over local election and
registration officers.
(b) This section does not divest a county election board of any
powers and duties imposed on the board in IC 3-6-5, except that if
there is a deadlock on a county election board, the county election
board shall submit the question to the commission for final
determination. 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 entire
membership of the commission, may adopt emergency rules under
IC 4-22-2-37.1 to implement a court order requiring the commission,
the election division, or an election board or official to administer an
election 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 entire
membership of the commission finds that a natural disaster or other
emergency makes it impossible or unreasonable for a person to
perform a duty or file a document by the time specified in this title,
the commission may issue an order extending the time for
performing the duty or filing the document.
(b) An order described in subsection (a) expires not later than
thirty (30) days after the order is issued. The order must include the
following:
(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 or
the 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 may
require a person to appear before the commission, a member of the
commission, or the co-directors to be examined with regard to any
matter with which the commission or the co-directors are charged
with a duty under this title.
(b) The commission or the co-directors may require appearances
at the office of the commission or at a place fixed by the commission
or co-directors in the county of residence of the person subpoenaed.
(c) A witness who is subpoenaed under this section is entitled to
be 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 an
employee of the election division may administer an oath required or
permitted 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 NVRA
or IC 3-7.
(b) If the commission determines that there is substantial reason
to believe an election law violation has occurred, it shall
expeditiously make an investigation.
(c) If in the judgment of the commission, after affording due
notice and an opportunity for a hearing, a person has engaged or is
about to engage in an act or practice that constitutes or will constitute
a violation of this title or of a rule or an order issued under this title,
the commission shall take the action it considers appropriate under
the circumstances, including the following:
(1) Referring the matter to the attorney general if the
commission requests that a civil action be filed under section 22
of this chapter.
(2) Referring the matter to the appropriate prosecuting attorney
if 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, the
attorney 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 or
superior court in the county in which the person is found, resides, or
transacts business.
(c) Upon a proper showing that the person has engaged or is about
to engage in an act or a practice described by section 21 of this
chapter, 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 police
officers shall assist the commission, on request, in the enforcement
of the election laws and the discharge of the commission's duties,
including the use of state police radio and telephone service on
election days.
(b) The state police department or a state police officer may not
supplant or interfere with a local law enforcement officer or precinct
election 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 is
established within the state general fund to provide money for the
following purposes:
(1) Administering and enforcing IC 3-9.
(2) Creating and operating a campaign finance computer system
as authorized under IC 3-9-4-4, including investing in
technology 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 budget
agency, to augment and supplement the funds appropriated to the
election commission for the purposes described in subsection (a).
(c) Expenses of administering the account shall be paid from
money in the account. The account consists of all civil penalties
collected by the commission under IC 3-9-4.
(d) Money in the account at the end of a state fiscal year does not
revert 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 to
administer Indiana election law:
(1) Hold hearings under IC 4-21.5.
(2) Issue advisory opinions.
As added by P.L.3-1997, SEC.28.
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) individuals
appointed 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 major
political party of the state. Not more than two (2) members of the
commission 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 the
commission begins on the later of the following:
(1) The day the term of the member whom the individual is
appointed to succeed expires.
(2) The day the individual is appointed.
(b) The term of a member expires July 1 of the second year after
the member's current term begins.
(c) A member may be reappointed to the commission. A member
reappointed to the commission is the member's own successor for
purposes 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 of
the commission expires, the state chairman of the major political
party of the state represented by that member may nominate, in
writing, two (2) individuals of the state chairman's own political
party to succeed the member whose term will expire.
(b) The state chairman of a political party may nominate the
individual whose term will expire that year to serve a new term.
(c) If the state chairman makes the nominations before May 1, the
governor shall appoint one (1) of the nominees to the commission.
(d) If the state chairman fails to make the nominations before May
1, the governor shall, within another ten (10) days, appoint a member
of the same political party as the state chairman. The state chairman
may 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 the
seven (7) day period under subsection (d), the governor shall make
another appointment under subsection (d) that is also subject to the
disapproval of the state chairman under subsection (d).
(f) If the state chairman does not disapprove an appointment under
subsection (d) within the seven (7) day period, the individual
appointed 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, or
becomes unable to serve on the commission, the governor shall
notify the state chairman of the major political party of the state
represented 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 state
chairman's own political party to succeed the member. If the state
chairman makes the nominations within ten (10) days, the governor
shall 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, appoint
a member of the same political party as the state chairman. The state
chairman may disapprove the selection by notifying the governor
within seven (7) days after receiving notice of the governor's
appointment.
(d) If the state chairman disapproves the selection within the
seven (7) day period under subsection (c), the governor shall make
another appointment under subsection (c) that is also subject to the
disapproval of the state chairman under subsection (c).
(e) If the state chairman does not disapprove an appointment
under subsection (c) within the seven (7) day period, the individual
appointed 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 of
the commission to be the chair and one (1) of the members of the
commission to be the vice chair of the commission. The chair of the
commission must be a member of the same political party as the
individual who is the secretary of state. The vice chair and the chair
may not be affiliated with the same political party.
(b) The individuals appointed as chair and vice chair serve in their
respective positions until each individual's term as a member of the
commission 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 vote
of at least three (3) members of the commission is necessary for the
commission to take official action other than to meet to take
testimony. 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 another
individual to serve as a proxy of record in the member's place as a
member of the commission by filing a written instrument designating
the proxy of record with the election division. The proxy of record
has the same authority to act and vote on all matters as does the
member. The member may revoke the authority of the proxy of
record at any time. The authority of the proxy of record may be either
limited or general with regard to duration or subject matter as set
forth by the member in the written instrument designating the proxy.
(b) If both the member and the member's proxy of record are
unavailable, the member may designate another individual in writing
to serve as an alternate proxy in the member's place as a member of
the commission. This designation must be filed with the election
division before taking effect. The alternate proxy has the same
authority to act and vote on all matters as does the member. The
member may revoke the authority of the alternate proxy at any time.
The authority of the alternate proxy may be either limited or general
with regard to duration or subject matter as set forth by the member
in 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 whenever
the chair considers it necessary for the performance of the
commission'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 the
commission, then:
(1) the vice chair, with the written approval of the remaining
two (2) commission members, may convene a meeting of the
commission; and
(2) the three (3) members of the commission may meet to
execute 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 state
employee is entitled to receive both of the following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established
by the Indiana department of administration and approved by
the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department 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 duties
imposed upon it by law, the governor may order the commission to
meet 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 each
congressional 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 meetings
of the commission, including a written record of the yes and no vote
of 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, the
commission 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 chapter
to implement a court order requiring the commission, the
election division, or an election board or official to
administer an election in a manner not authorized by this
title.
(ii) Rules (including joint rules with other agencies when
necessary) 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 an
application from a vendor for voting systems approval and
testing.
(E) Prescribe formats for the storage and submission of
computerized voter registration records by county and state
agencies or offices.
(3) Prescribe a uniform set of election and registration forms for
use throughout Indiana, except when prescribed by this title.
(4) Advise and exercise supervision over local election and
registration officers.
(b) This section does not divest a county election board of any
powers and duties imposed on the board in IC 3-6-5, except that if
there is a deadlock on a county election board, the county election
board shall submit the question to the commission for final
determination. 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 entire
membership of the commission, may adopt emergency rules under
IC 4-22-2-37.1 to implement a court order requiring the commission,
the election division, or an election board or official to administer an
election 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 entire
membership of the commission finds that a natural disaster or other
emergency makes it impossible or unreasonable for a person to
perform a duty or file a document by the time specified in this title,
the commission may issue an order extending the time for
performing the duty or filing the document.
(b) An order described in subsection (a) expires not later than
thirty (30) days after the order is issued. The order must include the
following:
(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 or
the 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 may
require a person to appear before the commission, a member of the
commission, or the co-directors to be examined with regard to any
matter with which the commission or the co-directors are charged
with a duty under this title.
(b) The commission or the co-directors may require appearances
at the office of the commission or at a place fixed by the commission
or co-directors in the county of residence of the person subpoenaed.
(c) A witness who is subpoenaed under this section is entitled to
be 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 an
employee of the election division may administer an oath required or
permitted 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 NVRA
or IC 3-7.
(b) If the commission determines that there is substantial reason
to believe an election law violation has occurred, it shall
expeditiously make an investigation.
(c) If in the judgment of the commission, after affording due
notice and an opportunity for a hearing, a person has engaged or is
about to engage in an act or practice that constitutes or will constitute
a violation of this title or of a rule or an order issued under this title,
the commission shall take the action it considers appropriate under
the circumstances, including the following:
(1) Referring the matter to the attorney general if the
commission requests that a civil action be filed under section 22
of this chapter.
(2) Referring the matter to the appropriate prosecuting attorney
if 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, the
attorney 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 or
superior court in the county in which the person is found, resides, or
transacts business.
(c) Upon a proper showing that the person has engaged or is about
to engage in an act or a practice described by section 21 of this
chapter, 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 police
officers shall assist the commission, on request, in the enforcement
of the election laws and the discharge of the commission's duties,
including the use of state police radio and telephone service on
election days.
(b) The state police department or a state police officer may not
supplant or interfere with a local law enforcement officer or precinct
election 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 is
established within the state general fund to provide money for the
following purposes:
(1) Administering and enforcing IC 3-9.
(2) Creating and operating a campaign finance computer system
as authorized under IC 3-9-4-4, including investing in
technology 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 budget
agency, to augment and supplement the funds appropriated to the
election commission for the purposes described in subsection (a).
(c) Expenses of administering the account shall be paid from
money in the account. The account consists of all civil penalties
collected by the commission under IC 3-9-4.
(d) Money in the account at the end of a state fiscal year does not
revert 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 to
administer Indiana election law:
(1) Hold hearings under IC 4-21.5.
(2) Issue advisory opinions.
As added by P.L.3-1997, SEC.28.
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) individuals
appointed 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 major
political party of the state. Not more than two (2) members of the
commission 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 the
commission begins on the later of the following:
(1) The day the term of the member whom the individual is
appointed to succeed expires.
(2) The day the individual is appointed.
(b) The term of a member expires July 1 of the second year after
the member's current term begins.
(c) A member may be reappointed to the commission. A member
reappointed to the commission is the member's own successor for
purposes 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 of
the commission expires, the state chairman of the major political
party of the state represented by that member may nominate, in
writing, two (2) individuals of the state chairman's own political
party to succeed the member whose term will expire.
(b) The state chairman of a political party may nominate the
individual whose term will expire that year to serve a new term.
(c) If the state chairman makes the nominations before May 1, the
governor shall appoint one (1) of the nominees to the commission.
(d) If the state chairman fails to make the nominations before May
1, the governor shall, within another ten (10) days, appoint a member
of the same political party as the state chairman. The state chairman
may 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 the
seven (7) day period under subsection (d), the governor shall make
another appointment under subsection (d) that is also subject to the
disapproval of the state chairman under subsection (d).
(f) If the state chairman does not disapprove an appointment under
subsection (d) within the seven (7) day period, the individual
appointed 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, or
becomes unable to serve on the commission, the governor shall
notify the state chairman of the major political party of the state
represented 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 state
chairman's own political party to succeed the member. If the state
chairman makes the nominations within ten (10) days, the governor
shall 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, appoint
a member of the same political party as the state chairman. The state
chairman may disapprove the selection by notifying the governor
within seven (7) days after receiving notice of the governor's
appointment.
(d) If the state chairman disapproves the selection within the
seven (7) day period under subsection (c), the governor shall make
another appointment under subsection (c) that is also subject to the
disapproval of the state chairman under subsection (c).
(e) If the state chairman does not disapprove an appointment
under subsection (c) within the seven (7) day period, the individual
appointed 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 of
the commission to be the chair and one (1) of the members of the
commission to be the vice chair of the commission. The chair of the
commission must be a member of the same political party as the
individual who is the secretary of state. The vice chair and the chair
may not be affiliated with the same political party.
(b) The individuals appointed as chair and vice chair serve in their
respective positions until each individual's term as a member of the
commission 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 vote
of at least three (3) members of the commission is necessary for the
commission to take official action other than to meet to take
testimony. 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 another
individual to serve as a proxy of record in the member's place as a
member of the commission by filing a written instrument designating
the proxy of record with the election division. The proxy of record
has the same authority to act and vote on all matters as does the
member. The member may revoke the authority of the proxy of
record at any time. The authority of the proxy of record may be either
limited or general with regard to duration or subject matter as set
forth by the member in the written instrument designating the proxy.
(b) If both the member and the member's proxy of record are
unavailable, the member may designate another individual in writing
to serve as an alternate proxy in the member's place as a member of
the commission. This designation must be filed with the election
division before taking effect. The alternate proxy has the same
authority to act and vote on all matters as does the member. The
member may revoke the authority of the alternate proxy at any time.
The authority of the alternate proxy may be either limited or general
with regard to duration or subject matter as set forth by the member
in 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 whenever
the chair considers it necessary for the performance of the
commission'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 the
commission, then:
(1) the vice chair, with the written approval of the remaining
two (2) commission members, may convene a meeting of the
commission; and
(2) the three (3) members of the commission may meet to
execute 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 state
employee is entitled to receive both of the following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established
by the Indiana department of administration and approved by
the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department 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 duties
imposed upon it by law, the governor may order the commission to
meet 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 each
congressional 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 meetings
of the commission, including a written record of the yes and no vote
of 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, the
commission 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 chapter
to implement a court order requiring the commission, the
election division, or an election board or official to
administer an election in a manner not authorized by this
title.
(ii) Rules (including joint rules with other agencies when
necessary) 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 an
application from a vendor for voting systems approval and
testing.
(E) Prescribe formats for the storage and submission of
computerized voter registration records by county and state
agencies or offices.
(3) Prescribe a uniform set of election and registration forms for
use throughout Indiana, except when prescribed by this title.
(4) Advise and exercise supervision over local election and
registration officers.
(b) This section does not divest a county election board of any
powers and duties imposed on the board in IC 3-6-5, except that if
there is a deadlock on a county election board, the county election
board shall submit the question to the commission for final
determination. 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 entire
membership of the commission, may adopt emergency rules under
IC 4-22-2-37.1 to implement a court order requiring the commission,
the election division, or an election board or official to administer an
election 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 entire
membership of the commission finds that a natural disaster or other
emergency makes it impossible or unreasonable for a person to
perform a duty or file a document by the time specified in this title,
the commission may issue an order extending the time for
performing the duty or filing the document.
(b) An order described in subsection (a) expires not later than
thirty (30) days after the order is issued. The order must include the
following:
(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 or
the 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 may
require a person to appear before the commission, a member of the
commission, or the co-directors to be examined with regard to any
matter with which the commission or the co-directors are charged
with a duty under this title.
(b) The commission or the co-directors may require appearances
at the office of the commission or at a place fixed by the commission
or co-directors in the county of residence of the person subpoenaed.
(c) A witness who is subpoenaed under this section is entitled to
be 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 an
employee of the election division may administer an oath required or
permitted 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 NVRA
or IC 3-7.
(b) If the commission determines that there is substantial reason
to believe an election law violation has occurred, it shall
expeditiously make an investigation.
(c) If in the judgment of the commission, after affording due
notice and an opportunity for a hearing, a person has engaged or is
about to engage in an act or practice that constitutes or will constitute
a violation of this title or of a rule or an order issued under this title,
the commission shall take the action it considers appropriate under
the circumstances, including the following:
(1) Referring the matter to the attorney general if the
commission requests that a civil action be filed under section 22
of this chapter.
(2) Referring the matter to the appropriate prosecuting attorney
if 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, the
attorney 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 or
superior court in the county in which the person is found, resides, or
transacts business.
(c) Upon a proper showing that the person has engaged or is about
to engage in an act or a practice described by section 21 of this
chapter, 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 police
officers shall assist the commission, on request, in the enforcement
of the election laws and the discharge of the commission's duties,
including the use of state police radio and telephone service on
election days.
(b) The state police department or a state police officer may not
supplant or interfere with a local law enforcement officer or precinct
election 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 is
established within the state general fund to provide money for the
following purposes:
(1) Administering and enforcing IC 3-9.
(2) Creating and operating a campaign finance computer system
as authorized under IC 3-9-4-4, including investing in
technology 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 budget
agency, to augment and supplement the funds appropriated to the
election commission for the purposes described in subsection (a).
(c) Expenses of administering the account shall be paid from
money in the account. The account consists of all civil penalties
collected by the commission under IC 3-9-4.
(d) Money in the account at the end of a state fiscal year does not
revert 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 to
administer Indiana election law:
(1) Hold hearings under IC 4-21.5.
(2) Issue advisory opinions.
As added by P.L.3-1997, SEC.28.
