CHAPTER 3. CAMPAIGN EXPENSES
IC 3-9-3
Chapter 3. Campaign Expenses
IC 3-9-3-1
Application of chapter; certain exception for political party offices
Sec. 1. (a) Except as provided in subsections (b) and (c), this
chapter applies to candidates in all elections and caucuses and to the
following types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) An auxiliary party organization.
(5) A legislative caucus committee.
(b) Section 4 of this chapter does not apply to candidates for
federal office.
(c) Section 2.5 of this chapter does not apply to candidates for the
following:
(1) Precinct committeeman.
(2) State convention delegate.
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.145;
P.L.4-1991, SEC.47; P.L.3-1993, SEC.86; P.L.3-1995, SEC.69;
P.L.3-1997, SEC.182; P.L.66-2003, SEC.20.
IC 3-9-3-2
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-9-3-2.5
Communications regarding clearly identified candidates; soliciting
contributions
Sec. 2.5. (a) This section does not apply to any of the following:
(1) A communication relating to an election to a federal office.
(2) A communication relating to the outcome of a public
question.
(3) A communication described by this section in a medium
regulated by federal law to the extent that federal law regulates
the appearance, content, or placement of the communication in
the medium.
(4) Bumper stickers, pins, buttons, pens, and similar small items
upon which the disclaimer required by this section cannot be
conveniently printed.
(5) Skywriting, water towers, wearing apparel, or other means
of displaying an advertisement on which the inclusion of a
disclaimer would be impracticable.
(6) Checks, receipts, and similar items of minimal value that do
not contain a political message and are used for purely
administrative purposes.
(7) A communication by a political action committee organized
and controlled by a corporation soliciting contributions to the
political action committee by the stockholders, executives, or
employees of the corporation and the families of those
individuals.
(8) A communication by a political action committee organized
and controlled by a labor organization soliciting contributions
to the political action committee by the members or executive
personnel of the labor organization and the families of those
individuals.
(9) A direct mailing of one hundred (100) or less substantially
similar pieces of mail.
(b) This section applies whenever a person:
(1) makes an expenditure for the purpose of financing
communications expressly advocating the election or defeat of
a clearly identified candidate; or
(2) solicits a contribution;
through a newspaper, a magazine, an outdoor advertising facility, a
poster, a yard sign, a direct mailing, or any other type of general
public political advertising.
(c) For purposes of this section, a candidate is clearly identified
if any of the following apply:
(1) The name of the candidate involved appears.
(2) A photograph or drawing of the candidate appears.
(3) The identity of the candidate is apparent by unambiguous
reference.
(d) A communication described in subsection (b) must contain a
disclaimer that appears and is presented in a clear and conspicuous
manner to give the reader or observer adequate notice of the identity
of persons who paid for and, when required, who authorized the
communication. A disclaimer does not comply with this section if the
disclaimer is difficult to read or if the placement of the disclaimer is
easily overlooked.
(e) A communication that would require a disclaimer if distributed
separately must contain the required disclaimer if included in a
package of materials.
(f) This subsection does not apply to a communication, such as a
billboard, that contains only a front face. The disclaimer need not
appear on the front or cover page of the communication if the
disclaimer appears within the communication.
(g) Except as provided in subsection (h), a communication
described in subsection (b) must satisfy one (1) of the following:
(1) If the communication is paid for and authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state that the communication
has been paid for by the authorized political committee.
(2) If the communication is paid for by other persons but
authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state that the communication
is paid for by the other persons and authorized by the authorized
political committee.
(3) If the communication is not authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state the name of the person
who paid for the communication and state that the
communication is not authorized by any candidate or
candidate's committee.
(4) If the communication is a solicitation directed to the general
public on behalf of a political committee that is not a
candidate's committee, the solicitation must clearly state the full
name of the person who paid for the communication.
(h) A communication by a regular party committee consisting of:
(1) a printed slate card, a sample ballot, or other printed listing
of three (3) or more candidates for public office at an election;
(2) campaign materials such as handbills, brochures, posters,
party tabloids or newsletters, and yard signs distributed by
volunteers and used by the regular party committee in
connection with volunteer activities on behalf of any nominee
of the party; or
(3) materials distributed by volunteers as part of the regular
party's voter registration or get-out-the-vote efforts;
must clearly state the name of the person who paid for the
communication but is not required to state that the communication is
authorized by any candidate or committee.
As added by P.L.3-1997, SEC.183. Amended by P.L.38-1999,
SEC.31; P.L.176-1999, SEC.42.
IC 3-9-3-3
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-9-3-4
Contributions of money
Sec. 4. (a) Money received by a candidate or committee as a
contribution may be used only:
(1) to defray any expense reasonably related to the person's or
committee's:
(A) campaign for federal, state, legislative, or local office;
(B) continuing political activity; or
(C) activity related to service in an elected office;
(2) to make an expenditure to any national, state, or local
committee of any political party or another candidate's
committee; or
(3) upon dissolution of a committee, in a manner permitted
under IC 3-9-1-12.
(b) Money received by a candidate or committee as a contribution
may not be used for primarily personal purposes by the candidate or
by any other person except as described in subsection (a).
(c) Money received as a contribution may be invested by a
committee in an account with a financial institution, savings
association, or credit union, or in any equity account. Any loss
resulting from an investment under this subsection must be reported
as a committee expenditure. Any gain resulting from an investment
under this subsection must be reported as income.
As added by P.L.13-1987, SEC.2. Amended by P.L.3-1993, SEC.87;
P.L.3-1995, SEC.70; P.L.79-1998, SEC.1.
IC 3-9-3-5
False representation as office holder in campaign materials
Sec. 5. (a) This section does not apply to the following:
(1) A communication relating to an election to a federal office.
(2) A person whose sole act is, in the normal course of business,
participating in the preparation, printing, distribution, or
broadcast of the advertising or material containing the false
representation.
(b) As used in this section, "officeholder" refers to a person who
holds an elected office.
(c) A person may not knowingly or intentionally authorize,
finance, sponsor, or participate in the preparation, distribution, or
broadcast of paid political advertising or campaign material that
falsely represents that a candidate in any election is or has been an
officeholder.
As added by P.L.66-2003, SEC.21.