Introduced Version
SENATE BILL No. 405
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5; IC 3-8-1.
Synopsis: Residency requirements for members of Congress.
Establishes standards for determining residency of candidates for
United States Senator and United States Representative for Indiana.
Requires a candidate for election to the United States Senate or the
United States House of Representatives to have been a resident of
Indiana during the calendar year of the election and for each of the five
calendar years immediately before the calendar year of the election.
Effective: January 1, 2013.
Delph
January 9, 2012, read first time and referred to Committee on Elections.
Introduced
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 405
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-5-5-1; (12)IN0405.1.1. -->
SECTION 1. IC 3-5-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2013]: Sec. 1. This chapter shall be used
to determine the residency of the following:
(1) A voter or a person applying to become a voter.
(2) A candidate, except a candidate for United States Senator
or United States Representative.
(3) A person holding an elected office.
SOURCE: IC 3-5-5.5; (12)IN0405.1.2. -->
SECTION 2. IC 3-5-5.5 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]:
Chapter 5.5. Standards for Determining Residency of
Candidates for United States Senator and United States
Representative
Sec. 1. This chapter shall be used to determine whether an
individual is a resident of Indiana for purposes of the individual's
candidacy for either of the following:
(1) United States Senator for Indiana.
(2) United States Representative for Indiana.
Sec. 2. As used in this chapter, "foreign jurisdiction" refers to
a legal jurisdiction located anywhere outside the geographic
boundaries of Indiana.
Sec. 3. For purposes of this chapter, residency is determined by
this chapter and not by reference to the law of any foreign
jurisdiction.
Sec. 4. An individual may have residence in Indiana or in a
foreign jurisdiction, but not in both.
Sec. 5. An individual who is a resident of Indiana under this
chapter at a particular time during a calendar year does not lose
the individual's status as a resident of Indiana subsequently during
that calendar year if, at any time during the immediately following
calendar year, the individual is a resident of Indiana under this
chapter.
Sec. 6. An individual who lives in a foreign jurisdiction with the
intent to make the foreign jurisdiction the individual's residence is
not a resident of Indiana.
Sec. 7. An individual who is not a resident of Indiana under
IC 3-5-5 is not a resident of Indiana under this chapter.
Sec. 8. (a) The following factors shall be considered when
determining whether an individual is a resident of Indiana:
(1) Whether the individual intends to be an Indiana resident.
Expressions of intent to be a resident of Indiana made in
connection or contemporaneously with a determination made
for purposes of this chapter do not support a determination
that the individual is an Indiana resident.
(2) Whether the individual pays a tax in Indiana and the
individual claims a status relating to the payment of the tax
that requires the individual to be a resident of Indiana.
However, if the individual:
(A) pays a tax in a foreign jurisdiction; and
(B) claims a status relating to the payment of the tax that
requires the individual to be a resident of the foreign
jurisdiction;
the individual's payment of the Indiana tax does not support
a determination that the individual is a resident of Indiana.
(3) Whether the individual's unemancipated dependents
attend school in Indiana.
(4) Whether the individual's immediate family lives in
Indiana. However, if the individual's immediate family lives
in Indiana only as a temporary location for living or for
transient purposes, the place where the individual's
immediate family lives does not support a determination that
the individual is a resident of Indiana.
(5) Whether the individual is employed in Indiana or within
a reasonable commuting distance from the location the
individual claims is the individual's Indiana residence.
(6) Whether the individual regularly and physically conducts
the individual's business in Indiana or within a reasonable
commuting distance from the location the individual claims is
the individual's Indiana residence.
(7) Whether the individual regularly attends a place of
worship in Indiana.
(8) Whether the individual regularly spends leisure and other
nonworking activities in Indiana.
(b) The factors for determining residency set forth in subsection
(a) are not:
(1) exhaustive; or
(2) arranged in any order of importance.
SOURCE: IC 3-8-1-7; (12)IN0405.1.3. -->
SECTION 3. IC 3-8-1-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2013]: Sec. 7. A candidate for the office
of United States Senator must have:
(1) the qualifications provided in Article 1, Section 3, Clause 3 of
the Constitution of the United States; and
(2) been a resident of Indiana during the calendar year of the
election and for each of the five (5) calendar years
immediately before the calendar year of the election.
For purposes of subdivision (2), residency shall be determined as
provided in IC 3-5-5.5.
SOURCE: IC 3-8-1-8; (12)IN0405.1.4. -->
SECTION 4. IC 3-8-1-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2013]: Sec. 8. A candidate for the office
of United States Representative must have:
(1) the qualifications provided in Article 1, Section 2, Clause 2 of
the Constitution of the United States;
and
(2) been a resident of Indiana during the calendar year of the
election and for each of the five (5) calendar years
immediately before the calendar year of the election.
For purposes of subdivision (2), residency shall be determined as
provided in IC 3-5-5.5.