Indiana Statutes § 3-9-1-12 Dissolution of committee
Statute 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.
Source
Pre-1986 Recodification Citation: 3-4-2-10.
History
Amended by P.L. 225 - 2011 , SEC. 41 , eff. 7/1/2011 .
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.
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