§ 3-9-4-18 — Delinquent or defective report

Indiana § 3-9-4-18

• Jurisdiction: Indiana
• Art. 9: CAMPAIGNS
• Ch. 4: Administration by Election Division and County Election

Text

(a) As used in this section, "delinquent or
defective report" refers to a campaign finance report or statement of
organization:
(1) that was required to be filed under IC 3-9-5 but was not filed
in the manner required under IC 3-9-5; and
(2) for which a person was assessed a civil penalty under section
16 or 17 of this chapter.
(b) As used in this section, "election board" refers to the following:
(1) The commission if a civil penalty was assessed under section
16 of this chapter.
(2) The county election board if a civil penalty was assessed
under section 17 of this chapter.
(c) As used in this section, "person" refers to a person who:
(1) has been assessed a civil penalty under section 16 or 17 of this
chapter; and
(2) has filed a declaration of candidacy, a petition of nomination,
or a declaration of intent to be a write-in candidate in a
subsequent election or for whom a certificate of nomination has
been filed.
(d) A person who does both of the following is relieved from further
civil liability under this chapter for the delinquent or defective report:
(1) Files the delinquent report or amends the defective report from
the previous candidacy:
(A) before filing a report required under IC 3-9-5-6; or
(B) at the same time the person files the report required under
IC 3-9-5-6;
for a subsequent candidacy.
(2) Pays all civil penalties assessed under section 16 or 17 of this
chapter for the delinquent report.
(e) This subsection applies to a person who:
(1) is assessed a civil penalty under this chapter; and
(2) is elected to office in the subsequent election.
The election board may order the state comptroller or the fiscal officer
of the political subdivision responsible for issuing the person's payment
for serving in office to withhold from the person's paycheck the amount
of the civil penalty assessed under this chapter. If the amount of the
paycheck is less than the amount of the civil penalty, the state
comptroller or fiscal officer shall continue withholding money from the
person's paycheck until an amount equal to the amount of the civil
penalty has been withheld.
(f) The state comptroller or fiscal officer shall deposit an amount
paid, recovered, or withheld under this section in the election board's
campaign finance enforcement account.
(g) Proceedings of the election board under this section are subject
to IC 4-21.5.

Legislative History

As added by P.L.3-1993, SEC.91. Amended by P.L.3-1995, SEC.76; P.L.2-1996, SEC.110; P.L.3-1997, SEC.198; P.L.176-1999, SEC.45; P.L.9-2024, SEC.19.