Bill Text: IN SB0037 | 2013 | Regular Session | Introduced
Bill Title: Precinct committeemen.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Elections [SB0037 Detail]
Download: Indiana-2013-SB0037-Introduced.html
Citations Affected: IC 3-6-2-10; IC 3-9-4-17.
Synopsis: Precinct committeemen. Requires the county chairman of
a major political party to submit, not later than July 1 each year, to the
county election board the name and address of the party's precinct
committeeman and vice committeeman for each precinct in the county.
Requires the county chairman to update the information provided not
later than seven days after a change occurs. Provides that the
information is open for public inspection and copying in the same
manner as other public records. Provides for a civil penalty of $50 for
failure to submit the required information. Provides that civil penalties
collected are to be deposited in the campaign finance enforcement
account.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Elections.
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(b) As used in this section, "board" refers to either of the following:
(1) The county election board.
(2) The board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4.
(c) The county chairman of a major political party shall, not later than July 1 each year, submit to the board the name and address of the precinct committeeman and vice committeeman of that party for each precinct in the county.
(d) The county chairman shall submit changes to the information submitted under subsection (c) not later than seven (7) calendar days after the change occurs.
(e) The board shall specify the manner in which the information
required under subsections (c) and (d) must be submitted to the
board.
(f) The information submitted under subsections (c) and (d) is
open for public inspection and copying in the same manner as
other public records under IC 5-14-3. A person may not sell or use
for a commercial purpose information copied from submissions
made under this section.
(g) A county chairman who fails to submit to the board the
information required under this section is subject to a civil penalty
of fifty dollars ($50), in addition to any other penalty that may be
imposed. The civil penalty under this subsection applies separately
to each required submission a county chairman fails to make.
(h) All civil penalties collected under this section shall be
deposited with the county treasurer for deposit by the county
treasurer in the campaign finance enforcement account established
under IC 3-9-4-17(j).
(i) The proceedings of a board under this section are subject to
IC 4-21.5.
(j) If, upon the unanimous vote of its entire membership, a
board finds that imposition of a civil penalty under this section
would be unjust under the circumstances, the board may do either
of the following:
(1) Waive the penalty.
(2) Reduce the penalty to an amount specified by the board.
(1) Fails to file with a county election board a report in the manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or expends money or other property for any political purpose before the money or other property has passed through the hands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this article or to a person authorized by law or a committee to receive contributions in the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of another person.
(8) Is not the treasurer of a committee subject to this article, and pays any expenses of an election or a caucus except as authorized by this article.
(9) Commingles the funds of a committee with the personal funds of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of IC 3-9-3-4.
(11) Fails to designate a contribution as required by IC 3-9-2-5(c).
(12) Violates IC 3-9-3-5.
(13) Serves as a treasurer of a committee in violation of any of the following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(14) Violates IC 3-9-3-2.5 by making a communication that contains a disclaimer that is not presented in a clear and conspicuous manner, as required by IC 3-9-3-2.5(d) and IC 3-9-3-2.5(e). This subdivision does not apply to 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.
(b) This subsection applies to a person who is subject to a civil penalty under subsection (a)(1) or (a)(2) for filing a defective report or statement. If the county election board determines that a person failed to file the report or a statement of organization not later than noon five (5) days after being given notice under section 14 of this chapter, the county election board may assess a civil penalty. The penalty is ten dollars ($10) for each day the report is late after the expiration of the five (5) day period, not to exceed one hundred dollars ($100) plus any investigative costs incurred and documented by the board. The civil penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil penalty under subsection (a)(1) or (a)(2) for a delinquent report or statement. If the county election board determines that a person failed to file the report or statement of organization by the deadline prescribed under this article, the board shall assess a civil penalty. The penalty is fifty dollars ($50) for each day the report is late, with the afternoon of the final date for filing the report or statement being calculated as the first day. The civil penalty under this subsection may not exceed one
thousand dollars ($1,000) plus any investigative costs incurred and
documented by the board. The civil penalty limit under this subsection
applies to each report separately.
(d) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or
(a)(10). If the county election board determines that a person is subject
to a civil penalty under subsection (a), the board may assess a civil
penalty of not more than one thousand dollars ($1,000), plus any
investigative costs incurred and documented by the board.
(e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5). If the county election board determines
that a person is subject to a civil penalty under subsection (a)(5), the
board may assess a civil penalty of not more than three (3) times the
amount of the contribution in excess of the limit prescribed by
IC 3-9-2-4, plus any investigative costs incurred and documented by
the board.
(f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the county election board
determines that a corporation or a labor organization has failed to
designate a contribution in violation of IC 3-9-2-5(c), the board shall
assess a civil penalty equal to the greater of the following, plus any
investigative costs incurred and documented by the board:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has violated IC 3-9-3-5, the board may assess a civil
penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(h) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(13). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has served as the treasurer of a committee in violation of
any of the statutes listed in subsection (a)(13), the board may assess a
civil penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(i) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(14). If the board determines that a person
is subject to a civil penalty under subsection (a)(14), the board may
assess a civil penalty of not more than one thousand dollars ($1,000)
for each communication circulated or published (but not for each of the
copies of the communication actually circulated or published), plus any
investigative costs incurred and documented by the election division.
(j) All civil penalties collected under this section or under
IC 3-6-2-10 shall be deposited with the county treasurer to be
deposited by the county treasurer in a separate account to be known as
the campaign finance enforcement account. The funds in the account
are available, with the approval of the county fiscal body, to augment
and supplement the funds appropriated for the administration of this
article or IC 3-6-2-10.
(k) Money in the campaign finance enforcement account does not
revert to the county general fund at the end of a county fiscal year.
(l) Proceedings of the county election board under this section are
subject to IC 4-21.5.
