reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 3. Political Party Name Change › 3-6-3-6. Use of New Name; Rights; Effect on Ballots Already Printed

Sec. 6. (a) After the state chairman of a political party files a statement with the election division certifying that the party's name has been changed in accordance with all applicable party rules, a political party shall be known by the political party's new name, and the party has all the rights it had under its former name.
(b) If the state chairman of a political party files a statement under subsection (a) after the printing of ballots for use at an election conducted under this title has begun, the election board responsible for printing the ballots is not required to alter the ballots to state the new name of the political party.
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.6; P.L.3-1997, SEC.21; P.L.225-2011, SEC.6.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 3.7. The Secretary of State › 3-6-3.7-1. Secretary of State as State's Chief Election Official; Exception

Sec. 1. Except as provided by IC 3-7-11-1, the secretary of state is the state's chief election official.
As added by P.L.209-2003, SEC.7.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 3.7. The Secretary of State › 3-6-3.7-2. Election Duties of Secretary of State; Consent of Co-Directors Required

Sec. 2. In addition to performing the duties related to elections specified in this title, the secretary of state, with the consent of the co-directors of the election division shall do the following:
(1) Work with the federal Election Assistance Commission to encourage students enrolled at postsecondary educational institutions (including community colleges) to assist state and local governments in the administration of elections by serving as nonpartisan poll workers or assistants.
(2) Consult with the federal Election Assistance Commission in the development of materials, seminars, and advertising targeted at students to implement the Help America Vote College Program conducted by the Election Assistance Commission under 52 U.S.C. 21121.
(3) Consult with the Help America Vote Foundation established under 36 U.S.C. 152601 in developing programs to encourage secondary school students (including students educated in the home) to participate in the election process in a nonpartisan manner as poll workers or assistants to local election officials in precinct polling places.
(4) Consult and coordinate with (and provide administrative support to) the co-directors of the election division in the development and implementation of the state plan under HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006).
(5) Perform all duties required to be performed by the state or the chief state election official under HAVA.
As added by P.L.209-2003, SEC.7. Amended by P.L.2-2007, SEC.7; P.L.128-2015, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 3.7. The Secretary of State › 3-6-3.7-3. Programs to Encourage Students to Assist Election Administration

Sec. 3. The secretary of state may develop programs to encourage Indiana secondary school students and students in postsecondary educational institutions in Indiana to assist state and local governments in the administration of elections.
As added by P.L.209-2003, SEC.7. Amended by P.L.2-2007, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 3.7. The Secretary of State › 3-6-3.7-4. Voter Education Outreach Fund; Purpose; Administration; Administrative Expenses; Investment of Money in Fund

Sec. 4. (a) The voter education outreach fund is established for the purpose of receiving, holding, and disbursing funds for education and outreach to citizens concerning voter rights and responsibilities, including voter identification requirements.
(b) The fund shall be administered by the secretary of state.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
As added by P.L.258-2013, SEC.17.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 3.7. The Secretary of State › 3-6-3.7-5. Securing and Monitoring Facilities Storing Voting Systems and Electronic Poll Books; Reimbursement of Costs

Sec. 5. (a) A county election board may apply for payments to reimburse the county for expenditures made to secure and monitor facilities where voting systems and electronic poll books are stored.
(b) If the county election board submits an application under subsection (a), the application must be filed with the secretary of state in a form prescribed by the election division.
(c) The secretary of state, with the consent of the election division, may approve an application filed under this section and reimburse the county for all or part of the expenditures documented in the application.
As added by P.L.100-2018, SEC.1.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 3.7. The Secretary of State › 3-6-3.7-6. Determination of Criminal Violation of Election Law; Assistance Provided to Prosecuting Attorney

Sec. 6. (a) If, upon investigation, the secretary of state determines that a criminal violation of this title may have occurred, the secretary of state and the co-directors of the election division shall refer the facts drawn from the investigation to the prosecuting attorney of the judicial circuit in which the crime may have been committed.
(b) The secretary of state and election division may assist the prosecuting attorney in prosecuting an action under this section, which may include an attorney employed or retained by the secretary of state or the election division serving as a special deputy prosecutor appointed by the prosecuting attorney.
As added by P.L.157-2019, SEC.1. Amended by P.L.141-2020, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4. Repealed

[Pre-1986 Recodification Citations:
3-6-4-1formerly 3-1-3-13-6-4-2formerly 3-1-3-2 part3-6-4-3formerly 3-1-3-2 part3-6-4-4formerly 3-1-3-2 part3-6-4-5formerly 3-1-3-2 part3-6-4-6formerly 3-1-3-2.53-6-4-7formerly 3-1-3-83-6-4-8formerly 3-1-3-3 part3-6-4-9formerly 3-1-3-3 part3-6-4-10formerly 3-1-3-3 part3-6-4-11formerly 3-1-3-3 part3-6-4-12formerly 3-1-3-4(a), (b) part, (c), (d), (e); 3-1-7-31; 3-4-5-143-6-4-13formerly 3-1-3-4(f)3-6-4-14formerly 3-1-3-4(b) part3-6-4-15formerly 3-2-1-1; 3-2-1-2 part3-6-4-16formerly 3-2-1-2 part3-6-4-17formerly 3-1-3-5 part3-6-4-18formerly 3-1-3-5 part3-6-4-19formerly 3-1-3-5 part3-6-4-20formerly 3-1-3-5 part3-6-4-21formerly 3-1-3-5 part3-6-4-22formerly 3-1-3-5 part3-6-4-23formerly 3-1-3-5 part3-6-4-24formerly 3-1-3-5 part3-6-4-25formerly 3-1-3-5 part3-6-4-26formerly 3-1-3-7 part; 3-4-5-16 part3-6-4-27formerly 3-1-3-7 part3-6-4-28formerly 3-1-3-7 part; 3-4-5-153-6-4-29formerly 3-4-5-18 part3-6-4-30formerly 3-4-5-18 part3-6-4-31formerly 3-1-3-6.]
Repealed by P.L.8-1995, SEC.72.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-2. Membership

Sec. 2. (a) The commission consists of four (4) individuals appointed by the governor.
(b) Each member of the commission must be a registered voter.
(c) Each member of the commission must be a member of a major political party of the state. Not more than two (2) members of the commission may be a member of the same political party.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-3. Term of Office

Sec. 3. (a) The term of an individual serving as a member of the commission begins on the later of the following:
(1) The day the term of the member whom the individual is appointed to succeed expires.
(2) The day the individual is appointed.
(b) The term of a member expires July 1 of the second year after the member's current term begins.
(c) A member may be reappointed to the commission. A member reappointed to the commission is the member's own successor for purposes of subsection (a).
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-4. Nominations and Appointments for Succeeding Term

Sec. 4. (a) Before May 1 of a year that the term of a member of the commission expires, the state chairman of the major political party of the state represented by that member may nominate, in writing, two (2) individuals of the state chairman's own political party to succeed the member whose term will expire.
(b) The state chairman of a political party may nominate the individual whose term will expire that year to serve a new term.
(c) If the state chairman makes the nominations before May 1, the governor shall appoint one (1) of the nominees to the commission.
(d) If the state chairman fails to make the nominations before May 1, the governor shall, within another ten (10) days, appoint a member of the same political party as the state chairman. The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor's appointment.
(e) If the state chairman disapproves the selection within the seven (7) day period under subsection (d), the governor shall make another appointment under subsection (d) that is also subject to the disapproval of the state chairman under subsection (d).
(f) If the state chairman does not disapprove an appointment under subsection (d) within the seven (7) day period, the individual appointed by the governor is a member of the commission.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-5. Vacancies

Sec. 5. (a) If a member of the commission resigns, dies, or becomes unable to serve on the commission, the governor shall notify the state chairman of the major political party of the state represented by the member.
(b) The state chairman may nominate in writing, within ten (10) days after notice of the vacancy, two (2) individuals of the state chairman's own political party to succeed the member. If the state chairman makes the nominations within ten (10) days, the governor shall appoint one (1) of the nominees to the commission.
(c) If the state chairman fails to make the nominations within ten (10) days, the governor shall, within another ten (10) days, appoint a member of the same political party as the state chairman. The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor's appointment.
(d) If the state chairman disapproves the selection within the seven (7) day period under subsection (c), the governor shall make another appointment under subsection (c) that is also subject to the disapproval of the state chairman under subsection (c).
(e) If the state chairman does not disapprove an appointment under subsection (c) within the seven (7) day period, the individual appointed by the governor is a member of the commission.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-6. Chair and Vice Chair of Commission

Sec. 6. (a) The governor shall appoint one (1) of the members of the commission to be the chair and one (1) of the members of the commission to be the vice chair of the commission. The chair of the commission must be a member of the same political party as the individual who is the secretary of state. The vice chair and the chair may not be affiliated with the same political party.
(b) The individuals appointed as chair and vice chair serve in their respective positions until each individual's term as a member of the commission expires.
As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.8; P.L.122-2000, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-7. Quorum

Sec. 7. (a) Three (3) members of the commission constitute a quorum.
(b) Except as otherwise provided in this title, the affirmative vote of at least three (3) members of the commission is necessary for the commission to take official action other than to meet to take testimony.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-8. Designation of Proxy

Sec. 8. (a) A member of the commission may designate another individual to serve as a proxy of record in the member's place as a member of the commission by filing a written instrument designating the proxy of record with the election division. The proxy of record has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the proxy of record at any time. The authority of the proxy of record may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument designating the proxy.
(b) If both the member and the member's proxy of record are unavailable, the member may designate another individual in writing to serve as an alternate proxy in the member's place as a member of the commission. This designation must be filed with the election division before taking effect. The alternate proxy has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the alternate proxy at any time. The authority of the alternate proxy may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument designating the proxy.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.22.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-10. Failure of Chair to Call Meeting

Sec. 10. If the chair for any reason fails to call a meeting of the commission, then:
(1) the vice chair, with the written approval of the remaining two (2) commission members, may convene a meeting of the commission; and
(2) the three (3) members of the commission may meet to execute the powers and perform the duties of the commission.
As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-11. Compensation and Expenses

Sec. 11. (a) Each member of the commission who is not a state employee is entitled to receive both of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(b) Each member of the commission who is a state employee is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-12. Failure of Commission to Meet and Discharge Duties

Sec. 12. If the commission fails to meet and discharge the duties imposed upon it by law, the governor may order the commission to meet in the performance of the commission's duties if the governor:
(1) considers a meeting to be necessary; or
(2) receives a petition signed by at least one (1) voter from each congressional district of Indiana.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-13. Minutes of Meetings

Sec. 13. The election division shall keep minutes of all meetings of the commission, including a written record of the yes and no vote of each member on all questions coming before the commission.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.23.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-14. Powers and Duties

Sec. 14. (a) In addition to other duties prescribed by law, the commission shall do the following:
(1) Administer Indiana election laws.
(2) Adopt rules under IC 4-22-2 to do the following:
(A) Govern the fair, legal, and orderly conduct of elections, including the following:
(i) Emergency rules described in section 16 of this chapter to implement a court order requiring the commission, the election division, or an election board or official to administer an election in a manner not authorized by this title.
(ii) Rules (including joint rules with other agencies when necessary) to implement and administer NVRA.
(B) Carry out IC 3-9 (campaign finance).
(C) Govern the establishment of precincts under IC 3-11-1.5.
(D) Specify procedures and fees for the processing of an application from a vendor for voting systems approval and testing.
(3) Advise and exercise supervision over local election and registration officers.
(b) This section does not divest a county election board of any powers and duties imposed on the board in IC 3-6-5, except that if there is a deadlock on a county election board, the county election board shall submit the question to the commission for final determination.
As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.10; P.L.3-1997, SEC.24; P.L.169-2015, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-16. Emergency Rules

Sec. 16. The commission, by unanimous vote of the entire membership of the commission, may adopt emergency rules under IC 4-22-2-37.1 to implement a court order requiring the commission, the election division, or an election board or official to administer an election in a manner not authorized by this title.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.25.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-17. Extension of Time

Sec. 17. (a) If the commission by unanimous vote of the entire membership of the commission finds that a natural disaster or other emergency makes it impossible or unreasonable for a person to perform a duty or file a document by the time specified in this title, the commission may issue an order extending the time for performing the duty or filing the document.
(b) An order described in subsection (a) expires not later than thirty (30) days after the order is issued. The order must include the following:
(1) The geographic area subject to the order.
(2) The election board or official subject to the order.
(3) The duty or filing subject to the order.
(4) The specific date by which the duty must be performed or the document filed under the order.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-19. Subpoena Power

Sec. 19. (a) The commission has the power of subpoena and may require a person to appear before the commission, a member of the commission, or the co-directors to be examined with regard to any matter with which the commission or the co-directors are charged with a duty under this title.
(b) The commission or the co-directors may require appearances at the office of the commission or at a place fixed by the commission or co-directors in the county of residence of the person subpoenaed.
(c) A witness who is subpoenaed under this section is entitled to be paid the same mileage and fee as witnesses in court actions. Mileage and fees shall be paid as other election expenses are paid.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-20. Administration of Oath

Sec. 20. A member of the commission, the co-directors, or an employee of the election division may administer an oath required or permitted by this title.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.26.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-21. Actions of Commission Upon Determination of Violation

Sec. 21. (a) This section does not apply to a violation of NVRA or IC 3-7.
(b) If the commission determines that there is substantial reason to believe an election law violation has occurred, it shall expeditiously make an investigation.
(c) If in the judgment of the commission, after affording due notice and an opportunity for a hearing, a person has engaged or is about to engage in an act or practice that constitutes or will constitute a violation of this title or of a rule or an order issued under this title, the commission shall take the action it considers appropriate under the circumstances, including the following:
(1) Referring the matter to the attorney general if the commission requests that a civil action be filed under section 22 of this chapter.
(2) Referring the matter to the appropriate prosecuting attorney if the case concerns a criminal violation of this title.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-22. Civil Action

Sec. 22. (a) Upon referral under section 21 of this chapter, the attorney general shall institute on behalf of the state, a civil action for relief including any of the following:
(1) A permanent or temporary injunction.
(2) A restraining order.
(3) Another appropriate order.
(b) An action under this section may be instituted in a circuit or superior court in the county in which the person is found, resides, or transacts business.
(c) Upon a proper showing that the person has engaged or is about to engage in an act or a practice described by section 21 of this chapter, the court shall grant the requested relief without bond.
As added by P.L.8-1995, SEC.18. Amended by P.L.2-1996, SEC.4.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-23. Assistance by Police in Enforcement of Election Laws

Sec. 23. (a) The state police department and all state police officers shall assist the commission, on request, in the enforcement of the election laws and the discharge of the commission's duties, including the use of state police radio and telephone service on election days.
(b) The state police department or a state police officer may not supplant or interfere with a local law enforcement officer or precinct election officer in the discharge of duties.
As added by P.L.8-1995, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-24. Campaign Finance Enforcement Account

Sec. 24. (a) The campaign finance enforcement account is established within the state general fund to provide money for the following purposes:
(1) Administering and enforcing IC 3-9.
(2) Creating and operating a campaign finance computer system as authorized under IC 3-9-4-4, including investing in technology to expand the capabilities of the computer system.
(b) The account shall be administered by the election division. Funds in the account are available, with the approval of the budget agency, to augment and supplement the funds appropriated to the election commission for the purposes described in subsection (a).
(c) Expenses of administering the account shall be paid from money in the account. The account consists of all civil penalties collected by the commission under IC 3-9-4.
(d) Money in the account at the end of a state fiscal year does not revert to any other account within the state general fund.
As added by P.L.4-1996, SEC.11. Amended by P.L.3-1997, SEC.27.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.1. Indiana Election Commission › 3-6-4.1-25. Power to Hold Hearings and Issue Advisory Opinions

Sec. 25. The commission may do any of the following to administer Indiana election law:
(1) Hold hearings under IC 4-21.5.
(2) Issue advisory opinions.
As added by P.L.3-1997, SEC.28.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-2. Administration

Sec. 2. (a) The secretary of state shall perform all ministerial duties related to the administration of elections by the state.
(b) The election division shall assist the commission and the secretary of state in the administration of this title.
As added by P.L.8-1995, SEC.19. Amended by P.L.3-1997, SEC.29.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-3. Co-Directors

Sec. 3. (a) The governor shall appoint two (2) co-directors for the election division who shall do the following:
(1) Carry out the policies, decisions, and recommendations of the commission.
(2) Maintain an office for the election division.
(b) The co-directors may not be members of the same political party.
(c) The co-directors have equal authority and responsibilities under this title. However, if the co-directors are unable to resolve a dispute between themselves regarding:
(1) the commission's or the election division's budget;
(2) the commission's or the election division's expenditures; or
(3) contracts to which the commission or the election division is a party;
the secretary of state may decide the matter. A decision by the secretary of state regarding the matter is final.
(d) The co-directors must:
(1) be classified the same under the state's personnel system; and
(2) except for differences due to years of service as co-directors, receive the same compensation.
As added by P.L.8-1995, SEC.19. Amended by P.L.153-2013, SEC.1; P.L.219-2013, SEC.4; P.L.32-2021, SEC.1.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-3.2. Co-Directors; Terms

Sec. 3.2. A co-director serves a term of four (4) years, beginning January 1, 2019, and continuing until the co-director's successor has been appointed and qualified.
As added by P.L.3-1997, SEC.30. Amended by P.L.278-2019, SEC.6.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-4. Employees

Sec. 4. The co-directors shall employ other employees as necessary in the execution of the powers and duties of the election division.
As added by P.L.8-1995, SEC.19. Amended by P.L.216-2015, SEC.1.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-5.5. Rights of Individuals Who Serve as Co-Director or Employee on December 31, 1996

Sec. 5.5. An individual who, on December 31, 1996, serves as a co-director or an employee of the commission, serves as a co-director or an employee of the election division after December 31, 1996, with all the rights, duties, and conditions of employment the individual had as a co-director or an employee of the commission before January 1, 1997.
As added by P.L.220-2011, SEC.12.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-7. Funding for Employees

Sec. 7. Equal funding shall be provided to each co-director with which to employ employees under section 6 of this chapter.
As added by P.L.8-1995, SEC.19. Amended by P.L.66-2003, SEC.3.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-8. Vacancy in Co-Director Position

Sec. 8. (a) When a vacancy in a co-director position occurs, the secretary of state shall notify the governor and the state chairman of the political party of which the individual vacating the position is a member.
(b) The state chairman may submit to the governor in writing, within thirty (30) days after notice of the vacancy, the names of two (2) individuals to fill the vacancy. If the state chairman submits the names of two (2) individuals within the thirty (30) day period, the governor shall appoint one (1) of the two (2) individuals to fill the vacancy. If the state chairman fails to submit the names of two (2) individuals within the thirty (30) day period, the governor shall, within another ten (10) days, appoint an individual of the same political party as the state chairman to fill the vacancy.
(c) If a state chairman fails to submit in writing the name of a qualified successor within thirty (30) days after the state chairman is notified by the secretary of state of a vacancy, the governor shall:
(1) appoint a member of the political party of the state chairman to fill the vacancy; and
(2) notify the state chairman of the selection.
(d) The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor's appointment. If the state chairman disapproves the selection within the seven (7) day period, the governor shall make another appointment under subsection (b) which is subject to disapproval of the state chairman under this subsection. If the state chairman does not disapprove the appointment within the seven (7) day period, the individual appointed by the governor shall be employed as the co-director.
As added by P.L.8-1995, SEC.19.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-9. Budget Estimates

Sec. 9. The secretary of state shall submit biennial budget estimates for the commission and the election division in the manner and form required by law. Funds shall be expended only in the manner and form required by law.
As added by P.L.8-1995, SEC.19.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-10. Audits and Investigations

Sec. 10. (a) An audit or investigation authorized by the commission concerning administration of election laws shall be conducted by at least two (2) state employees divided equally between the major political parties of the state.
(b) Notwithstanding subsection (a) or any statutory provisions to the contrary, the co-directors shall assist in the following actions upon authorization of the commission:
(1) A hearing or an investigation conducted by the commission under:
(A) IC 3-7-11 (voter registration violations under NVRA or IC 3-7); or
(B) IC 3-9-4-15 (campaign finance violations).
(2) An examination or a test of a voting system for the commission.
As added by P.L.8-1995, SEC.19. Amended by P.L.4-1996, SEC.12.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-12. Duties

Sec. 12. The election division shall do the following:
(1) Maintain complete and uniform descriptions and maps of all precincts in Indiana.
(2) Promptly update the information required by subdivision (1) after each precinct establishment order is filed with the commission under IC 3-11-1.5.
(3) Issue media watcher cards under IC 3-6-10-6.
(4) Serve in accordance with 52 U.S.C. 20302(b) as the office in Indiana responsible for providing information regarding voter registration procedures and absentee ballot procedures to absent uniformed services voters and overseas voters.
(5) As required by 52 U.S.C. 20302(c), submit a report to the federal Election Assistance Commission not later than ninety (90) days after each general election setting forth the combined number of absentee ballots:
(A) transmitted to absent uniformed services voters and overseas voters for the election; and
(B) returned by absent uniformed services voters and overseas voters and cast in the election.
(6) Implement the state plan in accordance with the requirements of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006) and this title, and appoint members of the committee established under 52 U.S.C. 21005.
(7) Submit reports required under 52 U.S.C. 21008 to the federal Election Assistance Commission concerning the use of federal funds under Title II, Subtitle D, Part I of HAVA.
(8) Prescribe a uniform set of election and registration forms for use throughout Indiana, except when prescribed by this title.
As added by P.L.3-1997, SEC.31. Amended by P.L.209-2003, SEC.9; P.L.221-2005, SEC.8; P.L.64-2014, SEC.5; P.L.128-2015, SEC.10; P.L.169-2015, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-12.1. State Hava Plan; Hava Committee; Membership; per Diem; Expenses

Sec. 12.1. (a) This section applies to the development, implementation, and amendment of the state plan under HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006).
(b) An individual appointed by the co-directors to serve on the committee established to develop the state plan to implement HAVA under 52 U.S.C. 21005 is entitled to receive the compensation or reimbursement provided under subsection (d) or (e).
(c) For purposes of subsection (d), an individual who holds:
(1) a state office is considered an employee of the state; or
(2) an office of a political subdivision is considered an employee of the political subdivision.
(d) Each member of the committee who is not a state employee or an employee of a political subdivision is entitled to receive both of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(e) Each member of the committee who is a state employee or an employee of a political subdivision is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(f) The committee's expenses, including the payment of per diem and reimbursements under this section, shall be paid from the Section 101 account of the election administration assistance fund established under IC 3-11-6.5.
As added by P.L.209-2003, SEC.10. Amended by P.L.128-2015, SEC.11.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-12.5. Duty of Secretary of State to Apply for Payments for Accessibility of Polling Places to Disabled Voters; Information Regarding Accessible Polling Places

Sec. 12.5. (a) As authorized under 52 U.S.C. 21021, the secretary of state shall apply to the Secretary of Health and Human Services for payments under the HAVA (52 U.S.C. 21021 through 52 U.S.C. 21025) to do the following:
(1) Make polling places (including the path of travel, entrances, exits, and voting areas of each polling place) more accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as other voters.
(2) Provide individuals with disabilities and other individuals described in subdivision (1) with information about the accessibility of polling places, including outreach programs to inform the individuals about the availability of accessible polling places and training election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections.
(b) If the secretary of state receives payments from the Secretary of Health and Human Services under 52 U.S.C. 21021 through 52 U.S.C. 21025, the election division shall expend the money as described in the application submitted under 52 U.S.C. 21023.
As added by P.L.209-2003, SEC.11. Amended by P.L.153-2013, SEC.2; P.L.128-2015, SEC.12.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.2. Election Division › 3-6-4.2-13. Assistance From State Police Department

Sec. 13. (a) The state police department and all state police officers shall assist the election division, on request, in the enforcement of the election laws and the discharge of the election division’s duties, including the use of state police radio and telephone service on election days.
(b) The state police department or a state police officer may not supplant or interfere with a local law enforcement officer or precinct election officer in the discharge of official duties.
As added by P.L.3-1997, SEC.32.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-1. Repealed

As added by P.L.209-2003, SEC.13. Repealed by P.L.221-2005, SEC.145.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-2. "Title Iii"

Sec. 2. As used in this chapter, "Title III" refers to Title III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21085).
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-3. Establishment of Administrative Complaint Procedure

Sec. 3. As required by 52 U.S.C. 21112, this chapter establishes the state based administrative complaint procedures to remedy grievances concerning uniform and nondiscriminatory election technology and administrative requirements under Title III.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.14.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-4. Remedies Supplement Other Remedies Under Ic 3

Sec. 4. The remedies provided under this chapter are supplemental to any other remedies provided to an aggrieved party under this title.
As added by P.L.209-2003, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-5. Procedures Uniform and Nondiscriminatory

Sec. 5. As required by 52 U.S.C. 21112, the procedures prescribed by this chapter must be uniform and nondiscriminatory.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.15.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-6. Filing Complaint With Election Division

Sec. 6. As provided by 52 U.S.C. 21112, a person who believes there is a violation of any provision of Title III, including a violation that has occurred, is occurring, or is about to occur, may file a complaint with the election division.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.16.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-7. Form of Complaint

Sec. 7. As required by 52 U.S.C. 21112, a complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-9.
As added by P.L.209-2003, SEC.13. Amended by P.L.98-2004, SEC.26; P.L.128-2015, SEC.17; P.L.128-2017, SEC.1.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-8. Information Required in Complaint

Sec. 8. The complaint filed under section 7 of this chapter must state the following:
(1) The name and mailing address of the person alleged to be committing the violation of Title III described in the complaint.
(2) Whether the person filing the complaint has filed a complaint concerning the violation with a county election board under IC 3-6-5.1.
(3) The nature of the injury suffered (or about to be suffered) by the person filing the complaint.
As added by P.L.209-2003, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-9. Copies of Complaint Provided to Commission and Persons Identified in Complaint

Sec. 9. The election division shall promptly provide a copy of the complaint by first class mail to the members of the commission and the persons identified in the complaint.
As added by P.L.209-2003, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-10. Complaint Filed With County Election Board; Suspension of State Enforcement

Sec. 10. A person entitled to file a complaint under this chapter may file a complaint with the county election board where the violation allegedly occurred under IC 3-6-5.1. If a person filed a complaint under IC 3-6-5.1, the election division shall not begin enforcement procedures under this chapter regarding the complaint until the person filing the complaint files a complaint with the election division under this chapter.
As added by P.L.209-2003, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-11. Complaint Against Co-Director Filed With Commission Chair; Duties of Commission Chair

Sec. 11. This section applies if the complaint alleges that either co-director of the election division has committed the violation. The aggrieved person shall file the complaint with the chair of the commission. The chair of the commission shall perform the duties otherwise performed by the election division concerning a complaint.
As added by P.L.209-2003, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-12. Consolidation of Complaints

Sec. 12. As permitted under 52 U.S.C. 21112, the election division (or commission) may consolidate complaints filed under this chapter.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-13. Preliminary Determination of Validity of Complaint; Dismissal; Notice of Dismissal

Sec. 13. The election division shall determine whether a complaint filed under this chapter describes a violation of Title III if the facts set forth in the complaint are assumed to be true. If the election division determines that:
(1) even if the facts set forth in the complaint are assumed to be true, there is no violation of Title III; or
(2) the person has not complied with section 7 of this chapter;
the election division shall dismiss the complaint and publish the order dismissing the matter in the Indiana Register.
As added by P.L.209-2003, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-14. Persons to Whom Notices of Dismissal Provided

Sec. 14. If the election division dismisses a complaint under section 13 of this chapter, the election division shall provide a copy of this determination to:
(1) the person who filed the notice by first class mail with tracking;
(2) the person alleged to have committed the violation by first class mail with tracking;
(3) the members of the commission by placing the copy on file at the election division; and
(4) the attorney general by electronic mail.
As added by P.L.209-2003, SEC.13. Amended by P.L.227-2023, SEC.12.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-15. Investigation of Complaints Determined Valid

Sec. 15. If the election division determines that the complaint alleges a violation of Title III if the facts alleged in the complaint are assumed to be true and that the person has complied with section 7 of this chapter, the election division shall conduct an investigation under IC 3-6-4.2.
As added by P.L.209-2003, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 6. Political Party and Election Officers › Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title Iii of Hava › 3-6-4.5-16. Submission of Investigation Results to Commission; Commission Report; Persons Provided Copy of Report

Sec. 16. The election division, upon completing the investigation, shall submit the results of the investigation to the commission, which shall then issue a written report. The election division shall provide a copy of the report to:
(1) the person who filed the complaint by first class mail with tracking;
(2) the person alleged to have committed the violation by first class mail with tracking;
(3) the members of the commission by placing the copy on file at the election division; and
(4) the attorney general by electronic mail.
As added by P.L.209-2003, SEC.13. Amended by P.L.227-2023, SEC.13.