IC 3-9-1-1 Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to candidates in all elections and caucuses and to the
following types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) Legislative caucus committees.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year unless the
candidate is required to file a written instrument designating a
principal committee under section 5.5 of this chapter.
(2) A candidate for school board office unless the candidate is
required to file a written instrument designating a principal
committee under section 5.5 of this chapter.
(3) Elections for precinct committeeman or delegate to a state
convention.
(4) An auxiliary party organization. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.139;
P.L.4-1991, SEC.44; P.L.3-1993, SEC.81; P.L.3-1995, SEC.63;
P.L.3-1997, SEC.169; P.L.26-2000, SEC.8.
IC 3-9-1-1.5 Deadline for filing statement of organization; determination of
existence of regular party committee
Sec. 1.5. (a) This section does not apply to a national committee
of a political party.
(b) For purposes of determining the deadline for filing a statement
of organization under section 3 of this chapter, a committee becomes
a regular party committee when the committee accepts contributions
or makes expenditures during a calendar year:
(1) to influence the election of a candidate for state, legislative,
or local office; and
(2) that total more than one hundred dollars ($100). As added by P.L.9-2004, SEC.12. Amended by P.L.164-2006,
SEC.60.
IC 3-9-1-2 Chairman and treasurer
Sec. 2. Each committee must have a chairman and a treasurer who
are ex officio members of the committee. A person may not make an
expenditure or accept a contribution for or on behalf of a committee
without the authorization of its chairman or treasurer. As added by P.L.5-1986, SEC.5.
IC 3-9-1-3 Statement of organization; filing
Sec. 3. Each committee must file a statement of organization not
later than noon ten (10) days after it becomes a committee. As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.62;
P.L.2-1996, SEC.93; P.L.3-1997, SEC.170; P.L.126-2002, SEC.32.
IC 3-9-1-4 Statement of organization; content
Sec. 4. A committee must include in its statement of organization
the following:
(1) The name and address of the committee.
(2) The purpose for which the committee is formed, unless the
committee is a candidate's committee that identifies a specific
office sought by the candidate.
(3) The name and address of the chairman and treasurer.
(4) If applicable, the name, address, office sought, and political
party affiliation or independent status of each candidate whom
the committee is supporting.
(5) If the committee is a legislative caucus committee, political
action committee, or regular party committee and is supporting
the entire ticket of a political party, the name of the party.
(6) If the committee is a political action committee supporting
or opposing a public question, a brief statement of the question
supported or opposed.
(7) A listing of all banks, safety deposit boxes, and other
depositories used.
(8) Other information prescribed by the commission under
IC 3-6-4.1-14(a)(3). As added by P.L.5-1986, SEC.5. Amended by P.L.3-1993, SEC.82;
P.L.3-1997, SEC.171; P.L.176-1999, SEC.37.
IC 3-9-1-5 Principal committee; designation by written instrument
Sec. 5. (a) This section does not apply to the following
candidates:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) Each candidate shall have a principal committee.
(c) A candidate shall file a written instrument designating the
name of the principal committee and the names of the chairman and
treasurer of the committee. The written instrument must be filed not
later than the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filing
any of the following, whichever applies to the candidate:
(A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1 or
IC 3-13-2.
(E) A declaration of intent to be a write-in candidate under
IC 3-8-2.
(3) The date a candidate is required to file the candidate's first
campaign finance report under IC 3-9-5.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.140;
P.L.10-1988, SEC.63; P.L.8-1992, SEC.6; P.L.3-1995, SEC.64;
P.L.26-2000, SEC.9; P.L.199-2001, SEC.16.
IC 3-9-1-5.5 Principal committee; candidates for school board or certain local
offices; designation by written instrument
Sec. 5.5. (a) This section applies to the following candidates:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) A candidate shall have a principal committee.
(c) Not later than noon ten (10) days after either:
(1) the candidate receives more than five hundred dollars ($500)
in contributions; or
(2) the candidate makes more than five hundred dollars ($500)
in expenditures;
whichever occurs first, the candidate shall file a written instrument
designating the name of the principal committee and the names of the
chairman and treasurer of the committee.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee. As added by P.L.26-2000, SEC.10.
IC 3-9-1-6 Failure to file written instrument; designation of committee
Sec. 6. If a candidate fails to file the instrument required by
section 5 or 5.5 of this chapter, the candidate's principal committee
is designated as "the ____________(insert the name of the candidate)
for _________ (insert the title of the office sought by the candidate)
committee". The candidate is then both chairman and treasurer of the
committee. As added by P.L.5-1986, SEC.5. Amended by P.L.26-2000, SEC.11.
IC 3-9-1-7 Candidate as chairman or treasurer
Sec. 7. A candidate may be chairman, treasurer, or both chairman
and treasurer of the candidate's committee. As added by P.L.5-1986, SEC.5. IC 3-9-1-8 Candidate as ex officio member
Sec. 8. A candidate is an ex officio member of the candidate's
committee. As added by P.L.5-1986, SEC.5.
IC 3-9-1-9
Repealed
(Repealed by P.L.3-1993, SEC.281.)
IC 3-9-1-10 Report of change in information
Sec. 10. A committee shall report any change in information
previously submitted in a statement of organization within ten (10)
days following the change. As added by P.L.5-1986, SEC.5.
IC 3-9-1-11
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-9-1-12 Dissolution of committee
Sec. 12. (a) A committee may disband at any time in the manner
prescribed by this section.
(b) The commission or a county election board may
administratively disband a committee in the manner prescribed by
this section.
(c) The commission has exclusive jurisdiction to disband any of
the following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or
report with the election division.
(5) A regular party committee that has filed a statement or
report with the election division.
(d) A county election board has exclusive jurisdiction to disband
any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a school board office.
(3) A political action committee that has filed a statement or
report with the election board, unless the political action
committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or
report with the election board, unless the regular party
committee has also filed a report with the election division.
(e) The commission or a county election board may
administratively disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the
election division or county election board shall review the list
of committees that have filed statements of organization with
the division or board under this article.
(2) If the election division or county election board determines
both of the following, the election division or county election
board may begin a proceeding before the commission or board
to administratively disband the committee:
(A) The committee has not filed any report of expenditures
during the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amount
that does not exceed one thousand dollars ($1,000), if the
committee filed a report under this article.
(3) The election division or county election board shall provide
notice of the proceeding by certified mail to the last known
address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order
administratively dissolving the committee and waiving any
outstanding civil penalty previously imposed by the commission
or board, if the commission or board makes the following
findings:
(A) There is no evidence that the committee continues to
receive contributions, make expenditures, or otherwise
function as a committee.
(B) The prudent use of public resources makes further
efforts to collect any outstanding civil penalty imposed
against the committee wasteful or unjust.
(C) According to the best evidence available to the
commission or board, the dissolution of the committee will
not impair any contract or impede the collection of a debt or
judgment by any person.
(5) The election division shall arrange for the publication in the
Indiana Register of an order administratively disbanding a
committee. A county election board shall publish a notice under
IC 5-3-1 stating that the board has disbanded a committee under
this subsection. The notice must state the date of the order and
the name of the committee, but the board is not required to
publish the text of the order.
(6) An order issued under this subsection takes effect
immediately upon its adoption, unless otherwise specified in the
order.
(f) If the chairman or treasurer of a committee wishes to disband
the committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under
IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of
civil penalties, a dissolution or transfer of funds does not relieve the
committee or the committee's members from civil or criminal
liability. As added by P.L.5-1986, SEC.5. Amended by P.L.13-1987, SEC.1;
P.L.8-1992, SEC.7; P.L.3-1993, SEC.83; P.L.2-1996, SEC.94;
P.L.3-1997, SEC.172; P.L.176-1999, SEC.38; P.L.126-2002,
SEC.33.
IC 3-9-1-13 Treasurer of committee; qualifications
Sec. 13. A treasurer of a committee:
(1) must be a United States citizen;
(2) may not be the chairman of a committee except in the case
of a candidate under section 7 of this chapter;
(3) must be appointed treasurer in writing as required by section
14 of this chapter; and
(4) must file the written instrument of appointment as required
by section 15 of this chapter. As added by P.L.5-1986, SEC.5. Amended by P.L.8-1992, SEC.8.
IC 3-9-1-14 Appointment or designation of treasurer
Sec. 14. The chairman of a committee shall appoint or designate
the treasurer of the committee in a written instrument. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.65.
IC 3-9-1-15 Filing notice of appointment or designation
Sec. 15. The treasurer of a committee shall file a notice of the
treasurer's written appointment or designation with the election
division or the county election board, as required by IC 3-9-5-2,
IC 3-9-5-3, or IC 3-9-5-4. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.141;
P.L.10-1988, SEC.64; P.L.2-1996, SEC.95; P.L.3-1997, SEC.173.
IC 3-9-1-16
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-9-1-17
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-9-1-18 Treasurer serving on more than one committee
Sec. 18. A treasurer of one committee may be the treasurer of
another committee unless the treasurer is a candidate. As added by P.L.5-1986, SEC.5.
IC 3-9-1-19 Removal of chairman or treasurer
Sec. 19. (a) A committee may remove a person appointed or
designated chairman or treasurer by the committee without assigning
a cause. The committee may also appoint or designate the successor
of the removed chairman or treasurer.
(b) Upon removal, the treasurer shall immediately account for and
turn over to the treasurer's successor in office the value then in the
treasurer's possession. As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.65;
P.L.4-1991, SEC.46; P.L.3-1993, SEC.84.
IC 3-9-1-20 All money or property to be handled by treasurer
Sec. 20. All money or other property collected or received by a
committee or by a member of it for a political purpose shall be paid
over to and made to pass through the hands of the treasurer of the
committee. Similarly, all money or other property must be disbursed
by the treasurer. As added by P.L.5-1986, SEC.5.
IC 3-9-1-21 Expenditure or disbursement of money; approval of committee
Sec. 21. The treasurer of a committee may not expend or disburse
money or other property or incur any liability except by the authority
and subject to the direction of the committee for which the treasurer
is acting. As added by P.L.5-1986, SEC.5.
IC 3-9-1-22 Vouchers for disbursements
Sec. 22. Disbursements may be made by a voucher drawn by the
chairman of a committee on the treasurer and presented to the
treasurer for payment. The voucher must show the specific purpose
for which the money is being expended. As added by P.L.5-1986, SEC.5.
IC 3-9-1-23 Accounts and records
Sec. 23. The treasurer of a committee shall keep a detailed and
exact account of the information required to be reported under this
article. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1997, SEC.174.
IC 3-9-1-24 Preservation of receipted bills and checks
Sec. 24. (a) The treasurer of a committee shall obtain and keep
receipted bills, cancelled checks, or other proof of payment, stating
the particulars for each expenditure made by or on behalf of a
committee:
(1) of more than twenty-five dollars ($25); and
(2) for a smaller amount, if the aggregate amount of the
expenditures to the same person during a year exceeds
twenty-five dollars ($25).
(b) The treasurer shall preserve all receipted bills and accounts
required to be kept by this section for:
(1) three (3) years; or
(2) one (1) year after the date of dissolution of the committee;
whichever occurs first. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.142.
IC 3-9-1-25 Solicitation and receipt of contributions by member
Sec. 25. (a) A member of a committee that has appointed a
treasurer in accordance with this chapter may solicit or receive
contributions as long as the member immediately turns over the
contributions without diminution to the treasurer of the committee,
to be disbursed and accounted for by the treasurer as provided by this
article. The treasurer shall show, in the treasurer's account and
statement and in addition to the requirements of IC 3-9-5, through
what member of the committee any contributions were received.
(b) A contribution is considered to be received and accepted by a
committee when any member of the committee:
(1) has physical possession of the contribution; and
(2) manifests an intent to keep the contribution by depositing
the contribution, subject to IC 3-9-5-14(c). As added by P.L.5-1986, SEC.5. Amended by P.L.176-1999, SEC.39.
IC 3-9-1-25.5 Calendar year in which contribution made
Sec. 25.5. For purposes of this article, a person makes a
contribution during the calendar year in which the person
relinquishes control over the contribution by:
(1) depositing the contribution in the United States mail; or
(2) transferring the contribution to any other person who has
been directed to convey the contribution to the person intended
to be the recipient of the contribution. As added by P.L.176-1999, SEC.40.
IC 3-9-1-26 Other persons receiving or disbursing funds; requirements and
obligations
Sec. 26. A person, except a person authorized by the treasurer of
a committee and a member of a committee, who receives or disburses
money for a political purpose is subject to all the requirements,
obligations, and penalties to which the treasurer of a committee is
subject.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-1 Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to candidates in all elections and caucuses and to the
following types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) Legislative caucus committees.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year unless the
candidate is required to file a written instrument designating a
principal committee under section 5.5 of this chapter.
(2) A candidate for school board office unless the candidate is
required to file a written instrument designating a principal
committee under section 5.5 of this chapter.
(3) Elections for precinct committeeman or delegate to a state
convention.
(4) An auxiliary party organization. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.139;
P.L.4-1991, SEC.44; P.L.3-1993, SEC.81; P.L.3-1995, SEC.63;
P.L.3-1997, SEC.169; P.L.26-2000, SEC.8.
IC 3-9-1-1.5 Deadline for filing statement of organization; determination of
existence of regular party committee
Sec. 1.5. (a) This section does not apply to a national committee
of a political party.
(b) For purposes of determining the deadline for filing a statement
of organization under section 3 of this chapter, a committee becomes
a regular party committee when the committee accepts contributions
or makes expenditures during a calendar year:
(1) to influence the election of a candidate for state, legislative,
or local office; and
(2) that total more than one hundred dollars ($100). As added by P.L.9-2004, SEC.12. Amended by P.L.164-2006,
SEC.60.
IC 3-9-1-2 Chairman and treasurer
Sec. 2. Each committee must have a chairman and a treasurer who
are ex officio members of the committee. A person may not make an
expenditure or accept a contribution for or on behalf of a committee
without the authorization of its chairman or treasurer. As added by P.L.5-1986, SEC.5.
IC 3-9-1-3 Statement of organization; filing
Sec. 3. Each committee must file a statement of organization not
later than noon ten (10) days after it becomes a committee. As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.62;
P.L.2-1996, SEC.93; P.L.3-1997, SEC.170; P.L.126-2002, SEC.32.
IC 3-9-1-4 Statement of organization; content
Sec. 4. A committee must include in its statement of organization
the following:
(1) The name and address of the committee.
(2) The purpose for which the committee is formed, unless the
committee is a candidate's committee that identifies a specific
office sought by the candidate.
(3) The name and address of the chairman and treasurer.
(4) If applicable, the name, address, office sought, and political
party affiliation or independent status of each candidate whom
the committee is supporting.
(5) If the committee is a legislative caucus committee, political
action committee, or regular party committee and is supporting
the entire ticket of a political party, the name of the party.
(6) If the committee is a political action committee supporting
or opposing a public question, a brief statement of the question
supported or opposed.
(7) A listing of all banks, safety deposit boxes, and other
depositories used.
(8) Other information prescribed by the commission under
IC 3-6-4.1-14(a)(3). As added by P.L.5-1986, SEC.5. Amended by P.L.3-1993, SEC.82;
P.L.3-1997, SEC.171; P.L.176-1999, SEC.37.
IC 3-9-1-5 Principal committee; designation by written instrument
Sec. 5. (a) This section does not apply to the following
candidates:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) Each candidate shall have a principal committee.
(c) A candidate shall file a written instrument designating the
name of the principal committee and the names of the chairman and
treasurer of the committee. The written instrument must be filed not
later than the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filing
any of the following, whichever applies to the candidate:
(A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1 or
IC 3-13-2.
(E) A declaration of intent to be a write-in candidate under
IC 3-8-2.
(3) The date a candidate is required to file the candidate's first
campaign finance report under IC 3-9-5.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.140;
P.L.10-1988, SEC.63; P.L.8-1992, SEC.6; P.L.3-1995, SEC.64;
P.L.26-2000, SEC.9; P.L.199-2001, SEC.16.
IC 3-9-1-5.5 Principal committee; candidates for school board or certain local
offices; designation by written instrument
Sec. 5.5. (a) This section applies to the following candidates:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) A candidate shall have a principal committee.
(c) Not later than noon ten (10) days after either:
(1) the candidate receives more than five hundred dollars ($500)
in contributions; or
(2) the candidate makes more than five hundred dollars ($500)
in expenditures;
whichever occurs first, the candidate shall file a written instrument
designating the name of the principal committee and the names of the
chairman and treasurer of the committee.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee. As added by P.L.26-2000, SEC.10.
IC 3-9-1-6 Failure to file written instrument; designation of committee
Sec. 6. If a candidate fails to file the instrument required by
section 5 or 5.5 of this chapter, the candidate's principal committee
is designated as "the ____________(insert the name of the candidate)
for _________ (insert the title of the office sought by the candidate)
committee". The candidate is then both chairman and treasurer of the
committee. As added by P.L.5-1986, SEC.5. Amended by P.L.26-2000, SEC.11.
IC 3-9-1-7 Candidate as chairman or treasurer
Sec. 7. A candidate may be chairman, treasurer, or both chairman
and treasurer of the candidate's committee. As added by P.L.5-1986, SEC.5. IC 3-9-1-8 Candidate as ex officio member
Sec. 8. A candidate is an ex officio member of the candidate's
committee. As added by P.L.5-1986, SEC.5.
IC 3-9-1-9
Repealed
(Repealed by P.L.3-1993, SEC.281.)
IC 3-9-1-10 Report of change in information
Sec. 10. A committee shall report any change in information
previously submitted in a statement of organization within ten (10)
days following the change. As added by P.L.5-1986, SEC.5.
IC 3-9-1-11
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-9-1-12 Dissolution of committee
Sec. 12. (a) A committee may disband at any time in the manner
prescribed by this section.
(b) The commission or a county election board may
administratively disband a committee in the manner prescribed by
this section.
(c) The commission has exclusive jurisdiction to disband any of
the following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or
report with the election division.
(5) A regular party committee that has filed a statement or
report with the election division.
(d) A county election board has exclusive jurisdiction to disband
any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a school board office.
(3) A political action committee that has filed a statement or
report with the election board, unless the political action
committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or
report with the election board, unless the regular party
committee has also filed a report with the election division.
(e) The commission or a county election board may
administratively disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the
election division or county election board shall review the list
of committees that have filed statements of organization with
the division or board under this article.
(2) If the election division or county election board determines
both of the following, the election division or county election
board may begin a proceeding before the commission or board
to administratively disband the committee:
(A) The committee has not filed any report of expenditures
during the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amount
that does not exceed one thousand dollars ($1,000), if the
committee filed a report under this article.
(3) The election division or county election board shall provide
notice of the proceeding by certified mail to the last known
address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order
administratively dissolving the committee and waiving any
outstanding civil penalty previously imposed by the commission
or board, if the commission or board makes the following
findings:
(A) There is no evidence that the committee continues to
receive contributions, make expenditures, or otherwise
function as a committee.
(B) The prudent use of public resources makes further
efforts to collect any outstanding civil penalty imposed
against the committee wasteful or unjust.
(C) According to the best evidence available to the
commission or board, the dissolution of the committee will
not impair any contract or impede the collection of a debt or
judgment by any person.
(5) The election division shall arrange for the publication in the
Indiana Register of an order administratively disbanding a
committee. A county election board shall publish a notice under
IC 5-3-1 stating that the board has disbanded a committee under
this subsection. The notice must state the date of the order and
the name of the committee, but the board is not required to
publish the text of the order.
(6) An order issued under this subsection takes effect
immediately upon its adoption, unless otherwise specified in the
order.
(f) If the chairman or treasurer of a committee wishes to disband
the committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under
IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of
civil penalties, a dissolution or transfer of funds does not relieve the
committee or the committee's members from civil or criminal
liability. As added by P.L.5-1986, SEC.5. Amended by P.L.13-1987, SEC.1;
P.L.8-1992, SEC.7; P.L.3-1993, SEC.83; P.L.2-1996, SEC.94;
P.L.3-1997, SEC.172; P.L.176-1999, SEC.38; P.L.126-2002,
SEC.33.
IC 3-9-1-13 Treasurer of committee; qualifications
Sec. 13. A treasurer of a committee:
(1) must be a United States citizen;
(2) may not be the chairman of a committee except in the case
of a candidate under section 7 of this chapter;
(3) must be appointed treasurer in writing as required by section
14 of this chapter; and
(4) must file the written instrument of appointment as required
by section 15 of this chapter. As added by P.L.5-1986, SEC.5. Amended by P.L.8-1992, SEC.8.
IC 3-9-1-14 Appointment or designation of treasurer
Sec. 14. The chairman of a committee shall appoint or designate
the treasurer of the committee in a written instrument. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.65.
IC 3-9-1-15 Filing notice of appointment or designation
Sec. 15. The treasurer of a committee shall file a notice of the
treasurer's written appointment or designation with the election
division or the county election board, as required by IC 3-9-5-2,
IC 3-9-5-3, or IC 3-9-5-4. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.141;
P.L.10-1988, SEC.64; P.L.2-1996, SEC.95; P.L.3-1997, SEC.173.
IC 3-9-1-16
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-9-1-17
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-9-1-18 Treasurer serving on more than one committee
Sec. 18. A treasurer of one committee may be the treasurer of
another committee unless the treasurer is a candidate. As added by P.L.5-1986, SEC.5.
IC 3-9-1-19 Removal of chairman or treasurer
Sec. 19. (a) A committee may remove a person appointed or
designated chairman or treasurer by the committee without assigning
a cause. The committee may also appoint or designate the successor
of the removed chairman or treasurer.
(b) Upon removal, the treasurer shall immediately account for and
turn over to the treasurer's successor in office the value then in the
treasurer's possession. As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.65;
P.L.4-1991, SEC.46; P.L.3-1993, SEC.84.
IC 3-9-1-20 All money or property to be handled by treasurer
Sec. 20. All money or other property collected or received by a
committee or by a member of it for a political purpose shall be paid
over to and made to pass through the hands of the treasurer of the
committee. Similarly, all money or other property must be disbursed
by the treasurer. As added by P.L.5-1986, SEC.5.
IC 3-9-1-21 Expenditure or disbursement of money; approval of committee
Sec. 21. The treasurer of a committee may not expend or disburse
money or other property or incur any liability except by the authority
and subject to the direction of the committee for which the treasurer
is acting. As added by P.L.5-1986, SEC.5.
IC 3-9-1-22 Vouchers for disbursements
Sec. 22. Disbursements may be made by a voucher drawn by the
chairman of a committee on the treasurer and presented to the
treasurer for payment. The voucher must show the specific purpose
for which the money is being expended. As added by P.L.5-1986, SEC.5.
IC 3-9-1-23 Accounts and records
Sec. 23. The treasurer of a committee shall keep a detailed and
exact account of the information required to be reported under this
article. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1997, SEC.174.
IC 3-9-1-24 Preservation of receipted bills and checks
Sec. 24. (a) The treasurer of a committee shall obtain and keep
receipted bills, cancelled checks, or other proof of payment, stating
the particulars for each expenditure made by or on behalf of a
committee:
(1) of more than twenty-five dollars ($25); and
(2) for a smaller amount, if the aggregate amount of the
expenditures to the same person during a year exceeds
twenty-five dollars ($25).
(b) The treasurer shall preserve all receipted bills and accounts
required to be kept by this section for:
(1) three (3) years; or
(2) one (1) year after the date of dissolution of the committee;
whichever occurs first. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.142.
IC 3-9-1-25 Solicitation and receipt of contributions by member
Sec. 25. (a) A member of a committee that has appointed a
treasurer in accordance with this chapter may solicit or receive
contributions as long as the member immediately turns over the
contributions without diminution to the treasurer of the committee,
to be disbursed and accounted for by the treasurer as provided by this
article. The treasurer shall show, in the treasurer's account and
statement and in addition to the requirements of IC 3-9-5, through
what member of the committee any contributions were received.
(b) A contribution is considered to be received and accepted by a
committee when any member of the committee:
(1) has physical possession of the contribution; and
(2) manifests an intent to keep the contribution by depositing
the contribution, subject to IC 3-9-5-14(c). As added by P.L.5-1986, SEC.5. Amended by P.L.176-1999, SEC.39.
IC 3-9-1-25.5 Calendar year in which contribution made
Sec. 25.5. For purposes of this article, a person makes a
contribution during the calendar year in which the person
relinquishes control over the contribution by:
(1) depositing the contribution in the United States mail; or
(2) transferring the contribution to any other person who has
been directed to convey the contribution to the person intended
to be the recipient of the contribution. As added by P.L.176-1999, SEC.40.
IC 3-9-1-26 Other persons receiving or disbursing funds; requirements and
obligations
Sec. 26. A person, except a person authorized by the treasurer of
a committee and a member of a committee, who receives or disburses
money for a political purpose is subject to all the requirements,
obligations, and penalties to which the treasurer of a committee is
subject.
As added by P.L.5-1986, SEC.5.
IC 3-9-1-1 Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to candidates in all elections and caucuses and to the
following types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) Legislative caucus committees.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year unless the
candidate is required to file a written instrument designating a
principal committee under section 5.5 of this chapter.
(2) A candidate for school board office unless the candidate is
required to file a written instrument designating a principal
committee under section 5.5 of this chapter.
(3) Elections for precinct committeeman or delegate to a state
convention.
(4) An auxiliary party organization. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.139;
P.L.4-1991, SEC.44; P.L.3-1993, SEC.81; P.L.3-1995, SEC.63;
P.L.3-1997, SEC.169; P.L.26-2000, SEC.8.
IC 3-9-1-1.5 Deadline for filing statement of organization; determination of
existence of regular party committee
Sec. 1.5. (a) This section does not apply to a national committee
of a political party.
(b) For purposes of determining the deadline for filing a statement
of organization under section 3 of this chapter, a committee becomes
a regular party committee when the committee accepts contributions
or makes expenditures during a calendar year:
(1) to influence the election of a candidate for state, legislative,
or local office; and
(2) that total more than one hundred dollars ($100). As added by P.L.9-2004, SEC.12. Amended by P.L.164-2006,
SEC.60.
IC 3-9-1-2 Chairman and treasurer
Sec. 2. Each committee must have a chairman and a treasurer who
are ex officio members of the committee. A person may not make an
expenditure or accept a contribution for or on behalf of a committee
without the authorization of its chairman or treasurer. As added by P.L.5-1986, SEC.5.
IC 3-9-1-3 Statement of organization; filing
Sec. 3. Each committee must file a statement of organization not
later than noon ten (10) days after it becomes a committee. As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.62;
P.L.2-1996, SEC.93; P.L.3-1997, SEC.170; P.L.126-2002, SEC.32.
IC 3-9-1-4 Statement of organization; content
Sec. 4. A committee must include in its statement of organization
the following:
(1) The name and address of the committee.
(2) The purpose for which the committee is formed, unless the
committee is a candidate's committee that identifies a specific
office sought by the candidate.
(3) The name and address of the chairman and treasurer.
(4) If applicable, the name, address, office sought, and political
party affiliation or independent status of each candidate whom
the committee is supporting.
(5) If the committee is a legislative caucus committee, political
action committee, or regular party committee and is supporting
the entire ticket of a political party, the name of the party.
(6) If the committee is a political action committee supporting
or opposing a public question, a brief statement of the question
supported or opposed.
(7) A listing of all banks, safety deposit boxes, and other
depositories used.
(8) Other information prescribed by the commission under
IC 3-6-4.1-14(a)(3). As added by P.L.5-1986, SEC.5. Amended by P.L.3-1993, SEC.82;
P.L.3-1997, SEC.171; P.L.176-1999, SEC.37.
IC 3-9-1-5 Principal committee; designation by written instrument
Sec. 5. (a) This section does not apply to the following
candidates:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) Each candidate shall have a principal committee.
(c) A candidate shall file a written instrument designating the
name of the principal committee and the names of the chairman and
treasurer of the committee. The written instrument must be filed not
later than the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filing
any of the following, whichever applies to the candidate:
(A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1 or
IC 3-13-2.
(E) A declaration of intent to be a write-in candidate under
IC 3-8-2.
(3) The date a candidate is required to file the candidate's first
campaign finance report under IC 3-9-5.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.140;
P.L.10-1988, SEC.63; P.L.8-1992, SEC.6; P.L.3-1995, SEC.64;
P.L.26-2000, SEC.9; P.L.199-2001, SEC.16.
IC 3-9-1-5.5 Principal committee; candidates for school board or certain local
offices; designation by written instrument
Sec. 5.5. (a) This section applies to the following candidates:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) A candidate shall have a principal committee.
(c) Not later than noon ten (10) days after either:
(1) the candidate receives more than five hundred dollars ($500)
in contributions; or
(2) the candidate makes more than five hundred dollars ($500)
in expenditures;
whichever occurs first, the candidate shall file a written instrument
designating the name of the principal committee and the names of the
chairman and treasurer of the committee.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee. As added by P.L.26-2000, SEC.10.
IC 3-9-1-6 Failure to file written instrument; designation of committee
Sec. 6. If a candidate fails to file the instrument required by
section 5 or 5.5 of this chapter, the candidate's principal committee
is designated as "the ____________(insert the name of the candidate)
for _________ (insert the title of the office sought by the candidate)
committee". The candidate is then both chairman and treasurer of the
committee. As added by P.L.5-1986, SEC.5. Amended by P.L.26-2000, SEC.11.
IC 3-9-1-7 Candidate as chairman or treasurer
Sec. 7. A candidate may be chairman, treasurer, or both chairman
and treasurer of the candidate's committee. As added by P.L.5-1986, SEC.5. IC 3-9-1-8 Candidate as ex officio member
Sec. 8. A candidate is an ex officio member of the candidate's
committee. As added by P.L.5-1986, SEC.5.
IC 3-9-1-9
Repealed
(Repealed by P.L.3-1993, SEC.281.)
IC 3-9-1-10 Report of change in information
Sec. 10. A committee shall report any change in information
previously submitted in a statement of organization within ten (10)
days following the change. As added by P.L.5-1986, SEC.5.
IC 3-9-1-11
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-9-1-12 Dissolution of committee
Sec. 12. (a) A committee may disband at any time in the manner
prescribed by this section.
(b) The commission or a county election board may
administratively disband a committee in the manner prescribed by
this section.
(c) The commission has exclusive jurisdiction to disband any of
the following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or
report with the election division.
(5) A regular party committee that has filed a statement or
report with the election division.
(d) A county election board has exclusive jurisdiction to disband
any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a school board office.
(3) A political action committee that has filed a statement or
report with the election board, unless the political action
committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or
report with the election board, unless the regular party
committee has also filed a report with the election division.
(e) The commission or a county election board may
administratively disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the
election division or county election board shall review the list
of committees that have filed statements of organization with
the division or board under this article.
(2) If the election division or county election board determines
both of the following, the election division or county election
board may begin a proceeding before the commission or board
to administratively disband the committee:
(A) The committee has not filed any report of expenditures
during the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amount
that does not exceed one thousand dollars ($1,000), if the
committee filed a report under this article.
(3) The election division or county election board shall provide
notice of the proceeding by certified mail to the last known
address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order
administratively dissolving the committee and waiving any
outstanding civil penalty previously imposed by the commission
or board, if the commission or board makes the following
findings:
(A) There is no evidence that the committee continues to
receive contributions, make expenditures, or otherwise
function as a committee.
(B) The prudent use of public resources makes further
efforts to collect any outstanding civil penalty imposed
against the committee wasteful or unjust.
(C) According to the best evidence available to the
commission or board, the dissolution of the committee will
not impair any contract or impede the collection of a debt or
judgment by any person.
(5) The election division shall arrange for the publication in the
Indiana Register of an order administratively disbanding a
committee. A county election board shall publish a notice under
IC 5-3-1 stating that the board has disbanded a committee under
this subsection. The notice must state the date of the order and
the name of the committee, but the board is not required to
publish the text of the order.
(6) An order issued under this subsection takes effect
immediately upon its adoption, unless otherwise specified in the
order.
(f) If the chairman or treasurer of a committee wishes to disband
the committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under
IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of
civil penalties, a dissolution or transfer of funds does not relieve the
committee or the committee's members from civil or criminal
liability. As added by P.L.5-1986, SEC.5. Amended by P.L.13-1987, SEC.1;
P.L.8-1992, SEC.7; P.L.3-1993, SEC.83; P.L.2-1996, SEC.94;
P.L.3-1997, SEC.172; P.L.176-1999, SEC.38; P.L.126-2002,
SEC.33.
IC 3-9-1-13 Treasurer of committee; qualifications
Sec. 13. A treasurer of a committee:
(1) must be a United States citizen;
(2) may not be the chairman of a committee except in the case
of a candidate under section 7 of this chapter;
(3) must be appointed treasurer in writing as required by section
14 of this chapter; and
(4) must file the written instrument of appointment as required
by section 15 of this chapter. As added by P.L.5-1986, SEC.5. Amended by P.L.8-1992, SEC.8.
IC 3-9-1-14 Appointment or designation of treasurer
Sec. 14. The chairman of a committee shall appoint or designate
the treasurer of the committee in a written instrument. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.65.
IC 3-9-1-15 Filing notice of appointment or designation
Sec. 15. The treasurer of a committee shall file a notice of the
treasurer's written appointment or designation with the election
division or the county election board, as required by IC 3-9-5-2,
IC 3-9-5-3, or IC 3-9-5-4. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.141;
P.L.10-1988, SEC.64; P.L.2-1996, SEC.95; P.L.3-1997, SEC.173.
IC 3-9-1-16
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-9-1-17
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-9-1-18 Treasurer serving on more than one committee
Sec. 18. A treasurer of one committee may be the treasurer of
another committee unless the treasurer is a candidate. As added by P.L.5-1986, SEC.5.
IC 3-9-1-19 Removal of chairman or treasurer
Sec. 19. (a) A committee may remove a person appointed or
designated chairman or treasurer by the committee without assigning
a cause. The committee may also appoint or designate the successor
of the removed chairman or treasurer.
(b) Upon removal, the treasurer shall immediately account for and
turn over to the treasurer's successor in office the value then in the
treasurer's possession. As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.65;
P.L.4-1991, SEC.46; P.L.3-1993, SEC.84.
IC 3-9-1-20 All money or property to be handled by treasurer
Sec. 20. All money or other property collected or received by a
committee or by a member of it for a political purpose shall be paid
over to and made to pass through the hands of the treasurer of the
committee. Similarly, all money or other property must be disbursed
by the treasurer. As added by P.L.5-1986, SEC.5.
IC 3-9-1-21 Expenditure or disbursement of money; approval of committee
Sec. 21. The treasurer of a committee may not expend or disburse
money or other property or incur any liability except by the authority
and subject to the direction of the committee for which the treasurer
is acting. As added by P.L.5-1986, SEC.5.
IC 3-9-1-22 Vouchers for disbursements
Sec. 22. Disbursements may be made by a voucher drawn by the
chairman of a committee on the treasurer and presented to the
treasurer for payment. The voucher must show the specific purpose
for which the money is being expended. As added by P.L.5-1986, SEC.5.
IC 3-9-1-23 Accounts and records
Sec. 23. The treasurer of a committee shall keep a detailed and
exact account of the information required to be reported under this
article. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1997, SEC.174.
IC 3-9-1-24 Preservation of receipted bills and checks
Sec. 24. (a) The treasurer of a committee shall obtain and keep
receipted bills, cancelled checks, or other proof of payment, stating
the particulars for each expenditure made by or on behalf of a
committee:
(1) of more than twenty-five dollars ($25); and
(2) for a smaller amount, if the aggregate amount of the
expenditures to the same person during a year exceeds
twenty-five dollars ($25).
(b) The treasurer shall preserve all receipted bills and accounts
required to be kept by this section for:
(1) three (3) years; or
(2) one (1) year after the date of dissolution of the committee;
whichever occurs first. As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.142.
IC 3-9-1-25 Solicitation and receipt of contributions by member
Sec. 25. (a) A member of a committee that has appointed a
treasurer in accordance with this chapter may solicit or receive
contributions as long as the member immediately turns over the
contributions without diminution to the treasurer of the committee,
to be disbursed and accounted for by the treasurer as provided by this
article. The treasurer shall show, in the treasurer's account and
statement and in addition to the requirements of IC 3-9-5, through
what member of the committee any contributions were received.
(b) A contribution is considered to be received and accepted by a
committee when any member of the committee:
(1) has physical possession of the contribution; and
(2) manifests an intent to keep the contribution by depositing
the contribution, subject to IC 3-9-5-14(c). As added by P.L.5-1986, SEC.5. Amended by P.L.176-1999, SEC.39.
IC 3-9-1-25.5 Calendar year in which contribution made
Sec. 25.5. For purposes of this article, a person makes a
contribution during the calendar year in which the person
relinquishes control over the contribution by:
(1) depositing the contribution in the United States mail; or
(2) transferring the contribution to any other person who has
been directed to convey the contribution to the person intended
to be the recipient of the contribution. As added by P.L.176-1999, SEC.40.
IC 3-9-1-26 Other persons receiving or disbursing funds; requirements and
obligations
Sec. 26. A person, except a person authorized by the treasurer of
a committee and a member of a committee, who receives or disburses
money for a political purpose is subject to all the requirements,
obligations, and penalties to which the treasurer of a committee is
subject.
As added by P.L.5-1986, SEC.5.
