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House Bill 1242


House Bill 1242

ARCHIVE (2011)

Latest Information

 

DIGEST OF HB 1242 (Updated April 29, 2011 9:41 pm - DI 102)


Various election law matters. Makes the following changes to the election law: (1) Specifies the contents of statewide voter registration system reports. (2) Specifies certain procedures in connection with voter list maintenance, and updates procedures for address changes of voter registration records in the statewide voter registration system. (3) Permits a county voter registration office to return to a candidate for President of the United States, United States Senator, or governor, after the petition is certified, an original petition that accompanies a declaration of candidacy. (4) Changes several dates concerning the certification of ballot questions and devices to conform to the date in current law for the certification of candidates. (5) Permits the dissolution of a committee without the waiver of outstanding civil penalties previously imposed on the committee, and specifies that the chairman or treasurer of the committee remains liable for any committee debts. (6) Requires that county voter registration records be updated not later than 60 days after election day or after completion of a recount or contest. (7) Provides that if a proposed precinct boundary splits a census block, the precinct establishment order must include a description of the precinct boundary in metes and bounds or one or more aerial photographs that depict each census block that is split and the boundary of the precinct that splits each census block. Makes other technical changes to precinct boundary change procedures. (8) Requires a certificate of nomination in a special election called by the governor to be filed not later than noon 74 days (rather than noon 50 days) before the date of the election. (9) Specifies that notice of a meeting to fill an early candidate vacancy must be filed not later than noon ten days before the meeting with the public official required to receive these notices. (10) Specifies that a certificate to fill certain early candidate vacancies must be filed not later than noon three days after the selection of the candidates. (11) Permits a county chairman of a political party to designate a person to preside over a meeting to fill an early candidate vacancy or a vacancy in a local office. (12) Makes other changes relating to filling candidate vacancies. (13) Amends the definition of "active voter". (14) Provides that a voter registration application received in person or by mail by the election division, or an absentee ballot application received by the election division, is timely filed if the election division receives the application before the deadline established for a county to receive the application. Requires the election division to forward the application promptly to the county where the applicant resides. (15) Provides that an absentee ballot application received from an absent uniformed services voter, an overseas voter, or an address confidentiality program participant is valid for the period that ends on December 31 after the filing of the application (rather than 12 months after the date of the application). (16) Provides that uncontested municipal offices are not required to appear on the ballot in a municipal or general election. (17) Provides that a voter who casts an absentee ballot before election day may not vote in person on election day. (18) Provides that one location of the office of the circuit court clerk (clerk) designated by the clerk is the location at which a voter is entitled to cast an absentee ballot before an absentee voter board. Establishes the office of the board of elections and registration in Lake County as the location at which a voter is entitled to cast an absentee ballot before an absentee voter board. Provides that all other locations at which the clerk or the board of elections and registration has an office must be established as satellite offices in order to be used as locations at which a voter is entitled to cast an absentee ballot before an absentee voter board. Provides that satellite offices and voting hours established for a primary election must be used in the subsequent general or municipal election. (19) Requires a vote center plan to: (A) include the total number and locations of satellite offices to be established at vote center locations; and (B) provide for at least one vote center to be established as a satellite office on the two Saturdays immediately preceding an election day. (20) Establishes a civil penalty of not more than $1,000 for each communication circulated or published (but not for the number of copies of the communication actually circulated or published) for a person who makes certain campaign communications that contain a disclaimer that is difficult to read or whose placement is easily overlooked. Specifies the type size and color contrast for a disclaimer that meets the statutory requirements. Provides that a person whose sole act is, in the normal course of business, participating in the preparation, printing, distribution, or broadcast of the communication containing the disclaimer is not liable for a disclaimer that violates the statute. (21) Allows a member of a county executive or a county fiscal body: (A) who is elected from and must reside within a district; and (B) who is relocated outside the member's district as the result of the state's acquisition of the member's residence for a public use after the member has begun a term of office; to complete the member's term of office as long as the member remains a resident of the county that contains the member's district. (22) Moves up the starting date of the period for a candidate to file a declaration of candidacy for a primary election from 104 days before the primary election (approximately January 20) to 118 days before the primary election (approximately January 6). Continues the current 30 day window for primary candidate filings. Makes conforming changes for pre-primary candidate withdrawal, challenge, and challenge determination deadlines. (23) Provides that a town political party convention must be conducted not later than August 21 (rather than before August 21). (24) Specifies that an individual who signs a petition of nomination for an independent candidate must be a registered voter at the time the county voter registration office checks the validity of the signatures on the petition. (25) Specifies that provisional ballots must be counted by a county election board not later than 3 p.m. (rather than noon) 10 days after the election. (26) Provides that the state recount commission must complete certain recount and contest proceedings not later than December 20 (rather than before December 20) after a general election. (27) Provides that whenever the state recount commission makes a final determination that a candidate for a state office (other than the office of governor or lieutenant governor, or a judicial office) who is subject to a contest proceeding is not eligible to serve in the office to which the candidate is elected: (A) the office is considered vacant and the governor fills the office by appointment of a person of the same political party as the candidate who is not eligible to serve; and (B) the commission's determination does not affect the votes cast for the candidate for purposes of determining the number or percentage of votes cast for the office under other statutes. Provides that the vacancy filling provision does not apply to the filling of a state office following a contest proceeding or court action that resulted from an election held before January 1, 2011. (28) Allows a county executive to adopt an order by the unanimous vote of the entire membership of the county executive to establish or rescind a board of registration, except for a county in which a board of election and registration is established under IC 3-6-5.2 or IC 3-6-5.4, or a county containing a consolidated city. (Currently a board of registration is established in a county with a population of more than 125,000.) (29) Provides that expenditures and gifts reported in a lobbyist activity report are those made during a reporting (rather than a calendar) year. (30) Repeals provisions that: (A) have been superseded concerning: (i) an absentee ballot application filed by an absent uniformed services voter or an overseas voter; or (ii) the establishment of boards of registration based on a population parameter; (B) allow voters who cast an absentee ballot to vote in person under certain circumstances on election day; and (C) are obsolete concerning voting instructions, paper ballots, ballots formerly printed by the election division, and special polling places. (31) Makes conforming amendments and technical corrections.
Current Status:
 Law Enacted
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