§ 3-9-1-12 — Dissolution of committee

Indiana § 3-9-1-12

• Jurisdiction: Indiana
• Art. 9: CAMPAIGNS
• Ch. 1: Campaign Committees

Text

(a) A committee may disband at any time in the
manner prescribed by this section.
(b) The commission or a county election board may administratively
disband a committee in the manner prescribed by this section.
(c) The commission has exclusive jurisdiction to disband any of the
following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or
report with the election division.
(5) A regular party committee that has filed a statement or report
with the election division.
(d) A county election board has exclusive jurisdiction to disband
any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a school board office.
(3) A political action committee that has filed a statement or
report with the election board, unless the political action
committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or report
with the election board, unless the regular party committee has
also filed a report with the election division.
(e) The commission or a county election board may administratively
disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the
election division or county election board shall review the list of
committees that have filed statements of organization with the
division or board under this article.
(2) If the election division or county election board determines
both of the following, the election division or county election
board may begin a proceeding before the commission or board to
administratively disband the committee:
(A) The committee has not filed any report of expenditures
during the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amount that
does not exceed one thousand dollars ($1,000), if the committee
filed a report under this article.
(3) The election division or county election board shall provide
notice of the proceeding by certified mail to the last known
address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order administratively
dissolving the committee if the commission or board makes the
following findings:
(A) There is no evidence that the committee continues to
receive contributions, make expenditures, or otherwise function
as a committee.
(B) According to the best evidence available to the commission
or board, the dissolution of the committee will not impair any
contract or impede the collection of a debt or judgment by any
person.
(5) If the commission or board:
(A) administratively dissolves a committee under subdivision
(4); and
(B) finds that the prudent use of public resources makes further
efforts to collect any outstanding civil penalty imposed against
the committee wasteful or unjust;
the commission or board may also waive the outstanding civil
penalty previously imposed by the commission or board against
the committee.
(6) The election division shall arrange for the publication in the
Indiana Register of an order administratively disbanding a
committee. A county election board shall publish a notice under
IC 5-3-1 stating that the board has disbanded a committee under
this subsection. The notice must state the date of the order and the
name of the committee, but the board is not required to publish
the text of the order.
(7) An order issued under this subsection takes effect immediately
upon its adoption, unless otherwise specified in the order.
(f) If the chairman or treasurer of a committee wishes to disband the
committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation under
Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of
civil penalties, a dissolution or transfer of funds does not relieve the
committee or the committee's members from any:
(1) civil liability, including the liability of the committee's
chairman or treasurer for the payment of any debts incurred by or
on behalf of the committee; or
(2) criminal liability.
[Pre-1986 Recodification Citation: 3-4-2-10.]

Legislative History

As added by P.L.5-1986, SEC.5. Amended by P.L.13-1987, SEC.1; P.L.8-1992, SEC.7; P.L.3-1993, SEC.83; P.L.2-1996, SEC.94; P.L.3-1997, SEC.172; P.L.176-1999, SEC.38; P.L.126-2002, SEC.33; P.L.225-2011, SEC.41.