Ind. Code ch. 3-6-4.9

in effect

Ind. Code § 3-6-4.9-1 Chapter does not apply to campaign finance violations

Sec. 1. This chapter does not apply to enforcement of a provision of IC 3-9. As added by P.L.157-2019, SEC.2.

Ind. Code § 3-6-4.9-2 "Agency"

Sec. 2. As used in this chapter, "agency" refers to the following: (1) The election division, if the commission is the enforcement authority. (2) The county election board, if the county election board is the enforcement authority. As added by P.L.157-2019, SEC.2.

Ind. Code § 3-6-4.9-3 "Enforcement authority"

Sec. 3. As used in this chapter, "enforcement authority" refers to either of the following: (1) The commission, which has exclusive jurisdiction under this chapter for matters relating to elections and candidates for state, legislative, and judicial offices. (2) The county election board, which has jurisdiction under this chapter for matters relating to elections and candidates for local and school board offices. As added by P.L.157-2019, SEC.2.

Ind. Code § 3-6-4.9-4 Proceedings subject to administrative orders and procedures statute

Sec. 4. Proceedings of an enforcement authority under this chapter are subject to IC 4-21.5. As added by P.L.157-2019, SEC.2.

Ind. Code § 3-6-4.9-5 Hearings and investigations by agency member

Sec. 5. (a) If the commission is the enforcement authority, a commission member, or the co-directors, with the authorization of the commission, may conduct a hearing or an investigation, take evidence, and report back to the commission for its consideration and action. (b) If a county election board is the enforcement authority, a county election board member may conduct a hearing or an investigation, take evidence, and report back to the board for its consideration and action. As added by P.L.157-2019, SEC.2.

Ind. Code § 3-6-4.9-6 Investigative costs added to civil penalties

Sec. 6. If a civil penalty is imposed under this chapter, any investigative costs incurred and documented by the agency shall be added to the civil penalty imposed. As added by P.L.157-2019, SEC.2.

Ind. Code § 3-6-4.9-7 Deposit of investigative costs and civil penalties

Sec. 7. Civil penalties and investigative costs shall be deposited in the fund designated under this chapter. As added by P.L.157-2019, SEC.2.

Ind. Code § 3-6-4.9-8 Waiver or reduction of penalties

Sec. 8. An enforcement authority may, upon the unanimous vote of its entire membership, find that imposition of a civil penalty required to be imposed under this chapter would be unjust under the circumstances and do either of the following: (1) Waive the penalty. (2) Reduce the penalty to an amount specified by the enforcement authority. As added by P.L.157-2019, SEC.2.

Ind. Code § 3-6-4.9-9 Agreement to waive hearing and pay penalties

Sec. 9. (a) If a person is notified by the agency that the enforcement authority may assess a proposed civil penalty under this chapter against the person, the person may enter into an agreement with the agency to pay the proposed penalty and waive a hearing before the enforcement authority. (b) An agreement entered into under this section must: (1) provide for the payment of the entire proposed civil penalty not later than the date of the execution of the agreement; and (2) be presented to the enforcement authority by the agency for ratification at the enforcement authority's next regularly scheduled meeting. As added by P.L.157-2019, SEC.2.

Ind. Code § 3-6-4.9-10 Violations of IC 3-11-4-5.2; civil penalties; deposit of civil penalties in election administration assistance fund

Sec. 10. (a) This section does not apply to a person whose sole act is, in the normal course of business, the printing, distribution, or mailing of the communication containing the information. (b) A person who violates IC 3-11-4-5.2 by mailing a communication that does not contain the information in the manner described by IC 3-11-4-5.2(b) or IC 3-11-4-5.2(c) is subject to a civil penalty as provided in this section. (c) If the enforcement authority determines that a person is subject to a civil penalty under this section, the enforcement authority may assess a civil penalty of not more than one thousand dollars ($1,000) for each communication circulated or published (but not for each of the copies of the communication actually circulated or published). (d) Penalties and costs collected under this section shall be deposited in the election administration assistance fund established by IC 3-11-6.5-2. As added by P.L.157-2019, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/3Fetched: 10/17/2026