Bill Text: IN SB0063 | 2010 | Regular Session | Amended
Bill Title: Civil penalties for certain disclaimers.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2010-02-11 - Representative Barnes added as cosponsor [SB0063 Detail]
Download: Indiana-2010-SB0063-Amended.html
Citations Affected: IC 3-9.
Synopsis: Civil penalties for certain disclaimers. Establishes a civil
penalty of not more than $1,000 per communication for a person who
makes a communication that contains a disclaimer that is difficult to
read or whose placement is easily overlooked. Specifies the font size
and color contrast for disclaimers required on certain printed
communications. 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 does not have liability for a disclaimer that violates the
statute.
Effective: Upon passage.
January 5, 2010, read first time and referred to Committee on Elections.
January 21, 2010, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) A communication relating to an election to a federal office.
(2) A communication relating to the outcome of a public question.
(3) A communication described by this section in a medium regulated by federal law to the extent that federal law regulates the appearance, content, or placement of the communication in the medium.
(4) Bumper stickers, pins, buttons, pens, and similar small items upon which the disclaimer required by this section cannot be conveniently printed.
(5) Skywriting, water towers, wearing apparel, or other means of displaying an advertisement on which the inclusion of a disclaimer would be impracticable.
(6) Checks, receipts, and similar items of minimal value that do not contain a political message and are used for purely
administrative purposes.
(7) A communication by a political action committee organized
and controlled by a corporation soliciting contributions to the
political action committee by the stockholders, executives, or
employees of the corporation and the families of those
individuals.
(8) A communication by a political action committee organized
and controlled by a labor organization soliciting contributions to
the political action committee by the members or executive
personnel of the labor organization and the families of those
individuals.
(9) A direct mailing of one hundred (100) or less substantially
similar pieces of mail.
(b) This section applies whenever a person:
(1) makes an expenditure for the purpose of financing
communications expressly advocating the election or defeat of a
clearly identified candidate; or
(2) solicits a contribution;
through a newspaper, a magazine, an outdoor advertising facility, a
poster, a yard sign, a direct mailing, or any other type of general public
political advertising.
(c) For purposes of this section, a candidate is clearly identified if
any of the following apply:
(1) The name of the candidate involved appears.
(2) A photograph or drawing of the candidate appears.
(3) The identity of the candidate is apparent by unambiguous
reference.
(d) A communication described in subsection (b) must contain a
disclaimer that appears and is presented in a clear and conspicuous
manner to give the reader or observer adequate notice of the identity of
persons who paid for and, when required, who authorized the
communication. A disclaimer does not comply with this section if the
disclaimer is difficult to read or if the placement of the disclaimer is
easily overlooked.
(e) In addition to the requirements of subsection (d), a
disclaimer that appears on a printed communication described in
subsection (b) must comply with the following:
(1) The disclaimer must be of sufficient type size to be clearly
readable by the recipient of the communication. A disclaimer
in 12 point type size satisfies the size requirement of this
subdivision when the disclaimer is used for a yard sign, a
poster, a flyer, a newspaper, a magazine, or a direct mailing.
(2) The disclaimer must be printed with a reasonable degree
of color contrast between the background and the printed
statement. A disclaimer satisfies the color contrast
requirement of this subdivision if:
(A) the disclaimer is printed in black text on a white
background; or
(B) the degree of color contrast between the background
and the text of the disclaimer is not less than the color
contrast between the background and the largest text used
in the communication.
(e) (f) A communication that would require a disclaimer if
distributed separately must contain the required disclaimer if included
in a package of materials.
(f) (g) This subsection does not apply to a communication, such as
a billboard, that contains only a front face. The disclaimer need not
appear on the front or cover page of the communication if the
disclaimer appears within the communication.
(g) (h) Except as provided in subsection (h), (i), a communication
described in subsection (b) must satisfy one (1) of the following:
(1) If the communication is paid for and authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state that the communication has
been paid for by the authorized political committee.
(2) If the communication is paid for by other persons but
authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state that the communication is
paid for by the other persons and authorized by the authorized
political committee.
(3) If the communication is not authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state the name of the person who
paid for the communication and state that the communication is
not authorized by any candidate or candidate's committee.
(4) If the communication is a solicitation directed to the general
public on behalf of a political committee that is not a candidate's
committee, the solicitation must clearly state the full name of the
person who paid for the communication.
(h) (i) A communication by a regular party committee consisting of:
(1) a printed slate card, a sample ballot, or other printed listing of
three (3) or more candidates for public office at an election;
(2) campaign materials such as handbills, brochures, posters,
party tabloids or newsletters, and yard signs distributed by
volunteers and used by the regular party committee in connection
with volunteer activities on behalf of any nominee of the party; or
(3) materials distributed by volunteers as part of the regular
party's voter registration or get-out-the-vote efforts;
must clearly state the name of the person who paid for the
communication but is not required to state that the communication is
authorized by any candidate or committee.
(1) Fails to file with the election division 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 on 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) Violates IC 3-9-2-12.
(12) Fails to designate a contribution as required by IC 3-9-2-5(c).
(13) Violates IC 3-9-3-5.
(14) 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.
(15) Fails to comply with section 4(d) of this chapter.
(16) 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 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 commission determines that a person failed to file the amended report or statement of organization not later than noon five (5) days after being given notice under section 14 of this chapter, the commission may assess a civil penalty. The penalty is ten dollars ($10) for each day the report is late after the expiration of the five (5) day period, not to exceed one hundred dollars ($100) plus any investigative costs incurred and documented by the election division. 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 commission determines that a person failed to file the report or statement of organization by the deadline prescribed under this article, the commission shall assess a civil penalty. The penalty is fifty dollars ($50) for each day the report or statement 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 election division. 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 commission determines that a person is subject to a civil penalty under subsection (a), the commission may assess a civil penalty of not more than one thousand dollars ($1,000), plus any investigative
costs incurred and documented by the election division.
(e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5). If the commission determines that a
person is subject to a civil penalty under subsection (a)(5), the
commission 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 election division.
(f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the commission determines that a
candidate or the candidate's committee has violated IC 3-9-2-12, the
commission shall assess a civil penalty equal to the greater of the
following, plus any investigative costs incurred and documented by the
election division:
(1) Two (2) times the amount of any contributions received.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the commission determines that a
corporation or a labor organization has failed to designate a
contribution in violation of IC 3-9-2-5(c), the commission shall assess
a civil penalty equal to the greater of the following, plus any
investigative costs incurred and documented by the election division:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(h) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(13). If the commission determines, by
unanimous vote of the entire membership of the commission, that a
person has violated IC 3-9-3-5, the commission may assess a civil
penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the election division.
(i) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(14). If the commission determines, by
unanimous vote of the entire membership of the commission, that a
person has served as the treasurer of a committee in violation of any of
the statutes listed in subsection (a)(14), the commission may assess a
civil penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the election division.
(j) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(15). The commission may assess a civil
penalty equal to the costs incurred by the election division for the
manual entry of the data contained in the report or statement, plus any
investigative costs incurred and documented by the election division.
(k) This subsection applies to a person who is subject to a civil penalty under subsection (a)(16). If the commission determines that a person is subject to a civil penalty under subsection (a)(16), the commission may assess a civil penalty of not more than one thousand dollars ($1,000) per communication, plus any investigative costs incurred and documented by the election division.
(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 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) per communication, plus any investigative costs
incurred and documented by the board.
(i) (j) All civil penalties collected under this section 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.
(j) (k) Money in the campaign finance enforcement account does
not revert to the county general fund at the end of a county fiscal year.
(k) (l) Proceedings of the county election board under this section
are subject to IC 4-21.5.
