Thursday, February 26, 2015

TOMMY SCHRADER CAMPAIGN COMPLAINT

VERIFY PROOF OF RESIDENCY FOR THE PAST 6 MONTHS
http://www.in.gov/legislative/ic/archive/2013/ic/2013/title3/ar8/ch1.pdf

IC 3-8-1-27 Common council member Sec. 27. A candidate for membership on common council of a second or third class city must: (1) have resided in the city for at least one (1) year; and (2) have resided in the district in which seeking election, if applicable, for at least six (6) months; before the election. As added by P.L.5-1986, SEC.4.



CANDIDATE FORM FILLED OUT IMPROPERLY- FIRST NAME; LAST NAME VS "NICKNAME"
http://www.in.gov/legislative/ic/archive/2013/ic/2013/title3/ar5/ch7.pdf
MUST BE LEGAL GIVEN NAME AS SHOWN IN BIRTH CERTIFICATE

IC 3-5-7 Chapter 7. Candidate Designations on the Ballot IC 3-5-7-1 Applicability of chapter Sec. 1. This chapter does not apply to the following: (1) A candidate for precinct committeeman. (2) A candidate for delegate to a political party convention. As added by P.L.202-1999, SEC.1. IC 3-5-7-2 "Designation" defined Sec. 2. As used in this chapter, "designation" refers to a name, a nickname, an initial, an abbreviation, or a number used to identify an individual. As added by P.L.202-1999, SEC.1. IC 3-5-7-3 "Name" defined Sec. 3. As used in this chapter, "name" refers to any of the following: (1) An individual's given name. (2) An individual's surname. (3) An individual's middle name. As added by P.L.202-1999, SEC.1. IC 3-5-7-4 Candidate's legal name Sec. 4. (a) For purposes of placement of a candidate's name on the ballot, a candidate's legal name is determined under this section. (b) Except as provided in subsection (c), a candidate's legal name is considered to be the name shown on the candidate's birth certificate.

LEGAL NAME BY "JUDICIAL PROCEEDING"-  LEGAL CHANGE OF NAME
(c) If a candidate: (1) uses a name after marriage as described in subsection (d); or (2) takes a name through a judicial proceeding that is different from the name shown on the candidate's birth certificate; the most recent name used after marriage or taken in the judicial proceeding is considered to be the candidate's legal name.

IC 3-5-7-5 Designations used on ballot Sec. 5. (a) A candidate may use on the ballot any combination of designations permitted by this section. (b) A candidate may not use on the ballot a designation other than a designation permitted by this section. (c) Subject to subsections (d) and (e), a candidate may use designations on the ballot as follows: (1) The first designation that a candidate uses on the ballot may be one (1) of the following: (A) The candidate's legal given name. (B) The initial of the candidate's legal given name. (C) The candidate's legal middle name. (D) The initial of the candidate's legal middle name. (E) The candidate's nickname. (2) After the designation used under subdivision (1), a candidate may use any of the following designations if not used under subdivision (1): (A) The candidate's legal middle name. (B) The initial of the candidate's legal middle name. (C) The candidate's nickname. (D) The candidate's legal surname. (3) After a designation used under subdivision (2), a candidate may use the following if not used under subdivision (1) or (2): (A) The candidate's nickname. (B) The candidate's legal surname. (4) After a designation used under subdivision (3), a candidate may use the candidate's legal surname on the ballot if not used under subdivision (2) or (3). (5) After a candidate's legal surname, a candidate may use any of the following designations: (A) Sr. (B) Jr. (C) A numerical designation such as "II" or "III". (d) A candidate may use a nickname on the ballot only if the nickname satisfies the following: (1) The nickname is a name by which the candidate is commonly known. (2) The nickname does not exceed twenty (20) characters. (3) The nickname complies with subsection (e). (4) Unless the candidate uses the nickname as the first designation under subsection (c)(1), the nickname must appear in parentheses. (e) A candidate may not use a: (1) title or degree as a designation; or (2) designation that implies a title or degree. As added by P.L.202-1999, SEC.1.


TOMMY SCHRADER VS THOMAS A SCHRADER- WHICH IS LEGAL?
IC 3-5-7-7 Complaints filed against candidates Sec. 7. (a) A registered voter of the election district a candidate seeks to represent may file a sworn statement with the election division or a county election board under IC 3-8-1-2 if a candidate uses on the ballot a designation not permitted by section 5 of this chapter. (b) A complaint filed under this section must contain the following information: (1) The legal name of the candidate who has used a designation not permitted by section 5 of this chapter. (2) The designation the candidate has used that is not permitted under section 5 of this chapter. (c) If the commission or county election board finds that the candidate used a designation not permitted by section 5 of this chapter, the candidate is considered to have withdrawn the candidate's candidacy. As added by P.L.202-1999, SEC.1. Amended by P.L.14-2004, SEC.8.



STANDARDS FOR DETERMINING RESIDENCY
http://www.in.gov/legislative/ic/archive/2013/ic/2013/title3/ar5/ch5.pdf
IC 3-5-5-18 Nontraditional residence Sec. 18. Notwithstanding IC 3-5-2-42.5, an individual with a nontraditional residence whose residence is within a precinct, but isnot fixed or permanent, resides in that precinct. As added by P.L.12-1995, SEC.10.



HOMELESS VOTERS
http://www.in.gov/legislative/ic/archive/2013/ic/2013/title3/ar7/ch37.pdf
C 3-7-37 Chapter 37. Special Registration Procedures for Homeless or Mobile Voters IC 3-7-37-1 Mailing address for individual with nontraditional residence Sec. 1. If the United States Postal Service does not deliver mail directly to an individual with a nontraditional residence in the precinct where the individual resides, the individual may use a mailing address within a precinct in the county to complete the registration affidavit and to provide an address for the mailing of notices under this article. However, if the person uses a mailing address under this section, the registration affidavit must also state the precinct in which the individual with a nontraditional residence resides. As added by P.L.12-1995, SEC.47. IC 3-7-37-2 Designation of registration in permanent registration record Sec. 2. The circuit court clerk or board of registration shall designate each registration by an individual with a nontraditional residence in the permanent registration record of the precinct. As added by P.L.12-1995, SEC.47.

http://www.in.gov/legislative/ic/archive/2013/ic/2013/title3/ar7/ch13.pdf
IC 3-7-13 Chapter 13. Registration and Voting Requirements; General Provisions IC 3-7-13-1 Persons eligible to vote Sec. 1. A person who: (1) will be at least eighteen (18) years of age at the next general, municipal, or special election; (2) is a United States citizen; and (3) resides in a precinct continuously before a general, municipal, or special election for at least thirty (30) days; may, upon making a proper application under this article, register to vote in that precinct. As added by P.L.12-1995, SEC.22.


MOTELS AS RESIDENCE
INNKEEPERS TAX
http://www.in.gov/legislative/ic/archive/2013/ic/2013/title6/ar9/ch9.pdf

IC 6-9-9-2 Tax levy on business of renting or furnishing lodgings Sec. 2. (a) Each year a tax shall be levied on every person engaged in the business of renting or furnishing, for periods of less than thirty (30) days, any lodgings in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which lodgings are regularly furnished for a consideration

PAYABLE TO COUNTY TREASURER
(c) The county fiscal body may adopt an ordinance to require that the tax be reported on forms approved by the county treasurer and that the tax shall be paid monthly to the county treasurer. If such an ordinance is adopted, the tax shall be paid to the county treasurer not more than twenty (20) days after the end of the month the tax is collected. If such an ordinance is not adopted, the tax shall be imposed, paid, and collected in exactly the same manner as the state gross retail tax is imposed, paid, and collected under IC 6-2.5

30 DAYS OR MORE
IC 6-9-9-4 Exceptions Sec. 4. The tax imposed by section 2 of this chapter does not apply to the renting or furnishing of lodgings to a person for a period of thirty (30) days or more. As added by Acts 1980, P.L.8, SEC.62. Amended by P.L.86-1993, SEC.6.

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LANDLORD-TENANT RELATIONS( LEASES, ETC..)
http://www.in.gov/legislative/ic/archive/2013/ic/2013/title32/ar31/

http://www.in.gov/legislative/ic/archive/2013/ic/2013/title32/ar31/ch1.pdf

IC 32-31 ARTICLE 31. LANDLORD-TENANT RELATIONS IC 32-31-1 Chapter 1. General Provisions IC 32-31-1-1 Determination of estates at will Sec. 1. (a) A tenancy at will may be determined by a one (1) month notice in writing, delivered to the tenant. (b) A tenancy at will cannot arise or be created without an express contract. As added by P.L.2-2002, SEC.16. IC 32-31-1-2 Creation of tenancy at will month to month Sec. 2. A general tenancy in which the premises are occupied by the express or constructive consent of the landlord is considered to be a tenancy from month to month. However, this section does not apply to land used for agricultural purposes. As added by P.L.2-2002, SEC.16.

IC 32-31-2.9-2 "Residential landlord-tenant statute" Sec. 2. As used in this chapter, "residential landlord-tenant statute" refers to any of the following: (1) IC 32-31-3. (2) IC 32-31-4. (3) IC 32-31-5. (4) IC 32-31-6. (5) IC 32-31-7. (6) IC 32-31-8. (7) IC 32-31-9. As added by P.L.29-2003, SEC.1. Amended by P.L.22-2007, SEC.1. IC 32-31-2.9-3 Applicability of residential landlord-tenant statutes Sec. 3. The residential landlord-tenant statutes apply to rental agreements for dwelling units located in Indiana. As added by P.L.29-2003, SEC.1.


IC 32-31-2.9-3 Applicability of residential landlord-tenant statutes Sec. 3. The residential landlord-tenant statutes apply to rental agreements for dwelling units located in Indiana. As added by P.L.29-2003, SEC.1. IC 32-31-2.9-4 Inapplicability of residential landlord-tenant statutes Sec. 4. The residential landlord-tenant statutes do not apply to any of the following arrangements unless the arrangement was created to avoid application of the residential landlord-tenant statutes:

(4) Transient occupancy in a hotel, motel, or other lodging

IC 32-31-2.9-5 Application of other statutes Sec. 5. This chapter does not limit the application of a statute that is not a residential landlord-tenant statute to a residential landlord-tenant relationship if the statute would otherwise be applicable to the relationship. As added by P.L.29-2003, SEC.1.













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