Election Division or Secretary of State Filing Delivered to County or Local Election Official Is Void

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Sec. 1.2. (a) Whenever this title requires that a document declaring or certifying the candidacy of a person be filed with the election division or the secretary of state as a condition for the filing to be effective:

(1) a county election board;

(2) a circuit court clerk;

(3) a county voter registration office;

(4) a board of elections and registration; or

(5) a town election board;

may not accept the filing on behalf of the election division or the secretary of state.

(b) A county election board, circuit court clerk, county voter registration office, board of elections and registration, or town election board that accepts a document that is required to be filed with the election division or the secretary of state as a condition for the filing to be effective:

(1) may not act as an agent of the election division or the secretary of state; and

(2) is not required to transmit the filing to the election division or the secretary of state.

(c) If a board, office, or clerk referred to in subsection (a)(1) through (a)(5) accepts a document that is required to be filed with the election division or the secretary of state as a condition for the filing to be effective, the following apply:

(1) The filing is void.

(2) The name of a candidate set forth in the filing may not appear on the ballot, unless the document is filed with the election division or the secretary of state in the manner required by this title.

As added by P.L.124-2012, SEC.1.


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