IndianaHB 1679First Regular Session 124th General Assembly (2025)HouseWALLET

Various elections matters.

Sponsored By: Timothy Wesco (Republican)

Signed by Governor

Summary

Modifies the definition of "candidate". Provides that certain documents and material generated for or used by a political party caucus to select a person to fill a vacancy in an elected office are the property of the political party. Provides that the office of the circuit court clerk must remain closed on primary election day and general election day. Provides that the circuit court clerk shall perform required duties to conduct elections on primary election day and general election day. Specifies that the circuit court clerk is not required to perform on primary election day and general election day a duty other than conducting elections. Requires a county, city, town, township, or school to provide to an employee of a local government office who requests leave to serve: (1) on primary election day or general election day; and (2) as a precinct election officer; a paid day of leave to serve as a precinct election officer. Specifies an exception. Requires certain redistricting authorities to redistrict election districts or recertify existing election districts within the statutory deadlines and withholds payment to aa member of a redistricting authority for failure to do so. Prescribes fees to be charged by the election division for particular products and services. Changes the manner in which a copy of a complaint is to be provided to members of the Indiana election commission. Specifies the term of a chairman of a county election board, circumstances under which the chairman is considered to have vacated the office, and the process for electing a member of the board to serve as chairman following a vacancy. Provides that a person must: (1) be at least 18 years of age at the next general, municipal, or special election; (2) be a United States citizen; and (3) reside in a precinct continuously before a general, municipal, or special election for at least 30 days; to register to vote in that precinct and may, upon making a proper application, register to vote in that precinct. Requires absentee activity reports and other election day reports to be provided by a certain time and provides exceptions. Requires the county voter registration official to take certain actions concerning potential nonresidential addresses not later than August 1 of each year. Provides that the county voter registration official may not enter a nonresidential address into the statewide voter registration system as a voter's registration address. Provides that the spouse of a service member may elect to use the same residence as the member. Requires a county voter registration office to conduct a voter list maintenance program within 48 hours of receiving certain information. Allows a county voter registration office to use, for purposes of voter list maintenance: (1) information received by the county voter registration office indicating that a voter has moved to another state; (2) the return of an absentee ballot sent by the county election board to a voter because of an unknown or insufficient address. Requires a county voter registration office that receives information indicating that a voter has moved to another state to mail a specified form to the voter. Specifies that a full-time employee of the department of homeland security who is prohibited from participating in political activities is disqualified from assuming or being a candidate for an elected office. Requires a write-in candidate for a school board office to file a declaration of intent to be a write-in candidate with the county election board. Provides, for purposes of stating a candidate's affiliation with a political party in a declaration of candidacy, that if a candidate cast a nonpartisan ballot at an election held at either of the two most recent primary elections in which the candidate voted, a certification by the county chairman is required. Provides that, under certain circumstances, a county election board is not required to compile: (1) the addresses of persons for whom declarations of candidacy have been filed; or (2) information concerning precinct committeemen or state convention delegates. Specifies that a circuit court clerk who is required to conduct a special election is not required to publish the address of a candidate. Requires candidates for school board office and their candidate's committees to file required instruments with the county election board. Requires the names of all: (1) candidates for presidential electors and alternate presidential electors; and (2) nominees for President and Vice President of the United States; to be certified to the election division not later than noon September 1 before the general election. (Current law requires certification not later than noon on the second Tuesday in September before the general election.) Allows the county election board, by unanimous vote of the board's entire membership, to use bound materials instead of a paper envelope or bag in certain circumstances. Requires a voter registration application or absentee ballot application requested through electronic mail by a voter with print disabilities to be provided by electronic mail. (Current law permits providing these documents by fax or mail in certain circumstances.) Allows an individual to submit: (1) a replacement ballot statement request; and (2) a written replacement ballot request; by electronic mail. Repeals a provision that prohibits a voter from: (1) taking a digital image or photograph of the voter's ballot while in a polling place, except in specified circumstances; and (2) distributing or sharing the image using social media or by any other means. Requires that a voter entitled to cast an absentee ballot before an absentee voter board mark the voter's political party ballot selection on the electronic poll book instead of communicating the selection to the poll clerks. Permits a vendor to dispose of a voting system unit or an electronic poll book unit by transferring possession of the unit to a state or county historical society in Indiana. Specifies circumstances in which a candidate filing a petition for a recount or contest is liable for the expenses chargeable to another party. Provides that a petition for a recount or contest may not be filed earlier than noon 10 days after election day. Specifies, with regard to filling a candidate vacancy for a local office, that an authorization to fill vacancies given to a county chairman or a county committee expires at the time of the next election for precinct committeemen for the party with which the county chairman or county committee is affiliated. Provides that action to fill an early candidate vacancy must be taken not earlier than May 8 after the primary election if the vacancy exists on a general or municipal election ballot. Provides that if only one person seeks to fill a vacancy in a local office held by a major political party, a caucus vote is not required and the county chairman may select that person to fill the vacancy. Provides that certain state officers are liable to impeachment for crime, incapacity, or negligence in office. (Current law provides that these officers are liable to impeachment for any misdemeanor in office.) Specifies, for purposes of nepotism provisions, that the performance of certain duties of an absentee voter board, an absentee ballot counter, a provisional ballot counter, or an absentee ballot courier is not considered employment by a unit.

elections and apportionmentthe senateelectionsappropriations

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Bill Overview

Analyzed Economic Effects

17 provisions identified: 5 benefits, 10 costs, 2 mixed.

Paid leave for local election workers

Beginning July 1, 2025, county, city, town, township, and school employees can request one paid day off for precinct election service. The leave covers primary and general election days. Employees also receive pay for serving as precinct election officers. Employers do not have to grant leave when employees' regular duties are needed for public safety or election-day operations.

Candidate announcements leave out home addresses

Beginning July 1, 2025, county election boards and circuit court clerks publish candidate names without home addresses. This applies to candidate announcements for primary and special elections.

Easier application access with print disabilities

Beginning July 1, 2025, voters with print disabilities can request registration or absentee ballot applications by email or online instead of fax. After an email request, the election office must email the application by the end of the next business day when able.

Voters can email replacement ballot requests

Voters can email the county election board a replacement-ballot statement for a mailed ballot that is destroyed, spoiled, lost, or delayed beyond reasonable delivery time. Missing bipartisan initials or an unsigned envelope also qualify; voters must affirm the facts under penalties of perjury. Email requests also cover defective ballots ordered corrected and ballots affected by candidate vacancies. Voters can also email requests after surrendering a ballot in a sealed, signed envelope at an authorized location.

Election boards gain ballot storage option

Beginning July 1, 2025, county election boards can use bound materials instead of required paper envelopes or bags. Every board member must agree. This option cannot be used for provisional ballot materials.

Clerk offices close on election days

Beginning July 1, 2025, circuit court clerk offices must close on primary and general election days. Clerks must still perform required election duties but do not have to provide other clerk services those days.

Election meeting fees support administrator training

Effective upon passage, Election Division instructional meeting attendance costs $400, plus $50 when paid after the division's deadline. A publication set costs $70; election-code materials, related laws, legislative summaries, and later supplements cost $20. Election district or precinct maps cost $10, and the division can waive fees. Fees and interest fund the election administrators' instructional meeting, with spending authorized on an ongoing basis. The division must prepare an annual spending plan; year-end leftovers return to Indiana's general fund.

Losing recount petitioners face added expenses

A candidate who loses a recount or election contest must pay expenses chargeable to another party when the vote-margin rule applies. The winner's lead over the petitioner must equal at least 10% of the total votes. The petitioner also remains responsible for the required cash deposit. The law does not state the added expense amount.

Missed redistricting deadlines can stop pay

Beginning July 1, 2025, redistricting authority members lose entitlement to legally fixed salaries or fees when their authority misses required deadlines. The restriction lasts until the authority redraws election districts or recertifies existing districts as required.

Some homeland security employees cannot run

Beginning July 1, 2025, full-time Indiana Department of Homeland Security employees barred by law from political activity cannot seek or hold covered elected offices. The disqualification does not apply to candidates for federal office.

Election service does not count as employment

Beginning July 1, 2025, listed election duties do not count as employment by the local government. This covers precinct election officers, absentee voter board members, absentee and provisional ballot counters, and absentee ballot couriers. The rule limits employment status for this service; it does not set pay or benefit amounts.

Candidates face broader campaign reporting rules

Beginning July 1, 2025, campaign-finance candidate status applies after more than $100 in contributions or spending by someone or their authorized campaign. It also applies through principal-committee duties, contribution limits, expense restrictions, or campaign-message rules, including fabricated-media rules. State, legislative, and local candidates must disclose prior covered campaigns and whether all required campaign-finance reports were filed. Candidates using primary voting history to establish party ties need county party chair certification after a nonpartisan ballot in either of their two most recent Indiana primaries.

Officials face broader grounds for impeachment

Beginning July 1, 2025, covered state officers, judges, prosecutors, and county, city, town, and township officers face impeachment for crime, incapacity, or negligence in office. These grounds replace the former misdemeanor-in-office ground. Indiana Supreme Court justices and Court of Appeals and Tax Court judges remain under a separate removal rule.

Presidential nominations need September certification

Beginning July 1, 2025, parties and petitioners must certify presidential and vice-presidential nominees to the Indiana Election Division. Presidential elector and alternate elector candidates must also be certified. The deadline is noon on September 1 before the general election.

School board candidates face filing requirements

School board write-in candidates must file a declaration of intent with the county election board. Beginning July 1, 2025, school board candidates and their committees must file required campaign-finance papers in each county within their election district.

Faster voter address checks and notices

Beginning July 1, 2025, county registration offices must start voter-list maintenance within 48 hours of receiving information requiring action. Authorized sources include out-of-state move information and absentee ballots returned because an address is unknown or insufficient. When information indicates an out-of-state move, the office must mail the state's prescribed form. It must use any other mailing address supplied with that information.

Parties get new vacancy selection rules

Beginning July 1, 2025, a county party chair can select the only person seeking a caucus vacancy without a vote. Multiple candidates require a secret ballot. Records from caucuses filling elected-office vacancies remain party property and must be kept under party rules. Authorizations granted under the covered party rules to county chairs or committees expire at their party's next precinct committeeman election.

Sponsors & Cosponsors

Sponsor

  • Timothy Wesco

    Republican • House

Cosponsors

  • Linda Rogers

    Republican • Senate

  • Mike Gaskill

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 445 • No: 106

Senate vote • 4/24/2025

Rules Suspended. Conference Committee Report 1: adopted by the Senate

Yes: 41 • No: 7

House vote • 4/24/2025

Rules Suspended. Conference Committee Report 1: adopted by the House

Yes: 63 • No: 24

Senate vote • 4/15/2025

Third reading: passed

Yes: 37 • No: 10

House vote • 2/13/2025

Third reading: passed

Yes: 87 • No: 8

House vote • 2/11/2025

Amendment #4 (Boy) prevailed

Yes: 87 • No: 3

House vote • 2/11/2025

Appeal the ruling of the chair (Jackson C); ruling of the chair sustained

Yes: 66 • No: 27

House vote • 2/11/2025

Appeal the ruling of the chair (Pryor); ruling of the chair sustained

Yes: 64 • No: 27

Actions Timeline

  1. Signed by the Governor

    5/6/2025House
  2. Public Law 240

    5/6/2025House
  3. Signed by the President of the Senate

    4/29/2025Senate
  4. Signed by the President Pro Tempore

    4/28/2025Senate
  5. Signed by the Speaker

    4/25/2025House
  6. CCR # 1 filed in the Senate

    4/24/2025Senate
  7. CCR # 1 filed in the House

    4/24/2025House
  8. Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 526: yeas 41, nays 7

    4/24/2025Senate
  9. Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 559: yeas 63, nays 24

    4/24/2025House
  10. Representative Smaltz removed as advisor

    4/23/2025House
  11. Representative Pryor removed as conferee

    4/23/2025House
  12. Representative Smaltz added as conferee

    4/23/2025House
  13. House dissented from Senate amendments

    4/17/2025House
  14. Senate advisors appointed: Spencer and Rogers

    4/17/2025Senate
  15. Senate conferees appointed: Gaskill and Ford J.D.

    4/17/2025Senate
  16. House advisors appointed: Yocum, Pierce K, Smaltz, Boy, Errington and Jackson C

    4/17/2025House
  17. House conferees appointed: Wesco and Pryor

    4/17/2025House
  18. Motion to dissent filed

    4/16/2025House
  19. Returned to the House with amendments

    4/16/2025Senate
  20. Third reading: passed; Roll Call 449: yeas 37, nays 10

    4/15/2025Senate
  21. Amendment #1 (Ford J.D.) prevailed; voice vote

    4/14/2025Senate
  22. Second reading: amended, ordered engrossed

    4/14/2025Senate
  23. Committee report: amend do pass, adopted

    4/10/2025Senate
  24. Committee report: amend do pass adopted; reassigned to Committee on Appropriations

    4/1/2025Senate
  25. First reading: referred to Committee on Elections

    3/3/2025Senate

Bill Text

  • Engrossed House Bill (H)

  • Engrossed House Bill (S)

  • Enrolled House Bill (H)

  • House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

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