Indiana officeholders now required to have open campaign committees

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Crown Point Mayor Pete Land, right, waits to register on the first day of candidates filing for municipal elections at the Lake County Voter Registration office in the Lake County Government Center in Crown Point on Jan. 4, 2023. John Smierciak/Post-Tribune

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By Alexandra Kukulka Post-Tribune

The Lake County Board of Elections and Registration has been notifying elected officials about a new election law that changes the definition of candidate, which impacts finance committee reports.

House Enrolled Act 1679, which goes into effect July 1, expands the definition of candidate to include a “current officeholder, ensuring all officeholders keep campaign finance committees open for the duration of their time in office.”

The law applies to statewide, state legislative, certain elected judges and local officeholders, said Lake County Board of Elections and Registration director Michelle Fajman.

An exception to the rule is a candidate who raised less than $5,000 in a calendar year and doesn’t currently have a campaign finance committee open then that candidate doesn’t have to open a campaign finance committee, Fajman said. But if the candidate spent $500, then the candidate has to open a campaign finance committee, Fajman said.

That means, Fajman said, that any officeholder that raises more than $5,000 in a calendar year without an open campaign finance committee, that officeholder would have to open a campaign finance committee.

“It appears that the intent of the law is that while the elected official is still in office that they have an open committee. Some candidates raise and spend all their own money, so once they won the election they knew they weren’t having a fundraiser, they knew there was no money left in the account and they closed it. Those individuals will now be required to open another committee so that it is open for the duration of the time they are in office,” Fajman said.

If the elected official doesn’t raise or spend any money, the official will have to file an annual report showing $0 raised or spent, Fajman said.

Any officeholders that need to open a campaign finance committee report under the new law have until 12 p.m. on July 11 to file their campaign finance committee report, Fajman said. Any office holder who does not submit a campaign finance report will be fined $50 per day up to $1,000, she said.

Any official that receives fines will be able to go before the Lake County Board of Elections and Registration to discuss the fine, Fajman said. The board has the option to waive the fine based on the circumstances, she said, but the vote would have to be unanimous.

The law did not require the election office to notify officeholders about the change in the law, but Fajman said office staff sent letters to June 23 to those officeholders that have to open a campaign finance committee.

“We did the right thing by notifying them because we don’t want anyone to get penalties. That’s not our purpose here. Our purpose is that the reports get on file for public disclosure,” Fajman said.

The new law impacts about 85 elected officials, said election official Lori O’Dea. As notices went out, some elected officials expressed surprise because it’s a change in practice, she said.

“Some are frustrated that it seems sprung on them, but they are willing to comply,” O’Dea said. “They don’t know the why, but they realize it’s time to comply with the new legislation. They are willing to do what they need to do.”

Fajman said while the new law will create more work for the office and the elected officials, she understands the transparency it will create.

“We will abide by the law and do what we need to do. In many cases, there will be a lot of reports probably coming in with $0 on it. That is very transparent though for the public to be able to see if someone is raising and spending money while they are in office, so I can see the value of it. It is more work, but we are here to follow the law,” Fajman said.

Lake County Board of Elections and Registration assistant director Jessica Messler said the new law will impact those who have typically closed out campaign finance committees after an election. Any elected official who has done that will now have to shift their practice to keeping the committee open and filing reports annually, she said.

“I think it will probably even itself out in the end because recently all of these people would’ve had accounts open,” Messler said. “Is it in extra form every year? Yes, for filing the annual. But if you’re not taking in any contributions of any kind you’re putting zero on the form and that’s it.”

akukulka@chicagotribune.com