For Indiana State Senate District 23…

Elect Joshua Brant

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Indiana Anti‑Corruption and Government Accountability Act

“The following represents the framework for the most comprehensive and ambitious anti-corruption bill to have ever been proposed in the State of Indiana. It is a work-in-process and Constitutional challenges are expected, especially in its current form. Future work will address the Constitutional risks and defend the Constitutionality of this framework before it is finalized for committee. That being said, this will be the most important thing that I do as an Indiana State Senator, and I shall champion the finished product with all the tenacity of a US Marine.”

Semper Fidelis,
Joshua Brant

Article I: Findings and Purposes

  1. The General Assembly finds that:
    1. Support for term limits is one of the most broadly popular political reforms across party, age, ideology, and geography.
    2. Campaign contributions from out‑of‑state interests, and from corporate entities, create an appearance and risk of undue influence over Indiana’s legislative process.
    3. Public confidence in representative government depends upon transparency, accountability, and independence from concentrated financial influence.
    4. Legislative procedures that allow unelected leadership or single officials to block debate or obscure voting records undermine accountability to constituents.
    5. The Citizens’ Coalition for Legislature Accountability (CCLA) has publicly articulated non‑partisan objectives to ensure recorded votes, open debate, and committee accountability in the Indiana General Assembly. [https://fixmylegislature.com]
    6. Running for elected office is an intentional combination of speech, peaceful protest, and campaigning; all of which are First Amendment protected activities in their own right.
    7. Mass deception has become too prevalent, too harmful, and has been used to take advantage of people for too long.
    8. Genuine representation within our Republic hinges on checks, balances, transparency, and the consent of the People.
  1. The Purposes:
    1. Provide a framework for comprehensive political reform in the interest of genuine representation across the board.

Constitutional Risks

Legal Defense

Article II: Term Limits

  1. The State of Indiana hereby adopts the policy to pursuit a uniform two-term limit for all elected officials, subject to the jurisdiction thereof.
  2. The Indiana General Assembly hereby declares that Indiana should adopt a uniform two-term limit for all elected officials, subject to the jurisdiction thereof, and that it is the intent of this legislature to do so.
  3. The committees assigned to drafting the amendment’s language shall be the Indiana Senate Committee on Elections and the Indiana House Committee on Elections & Apportionment.
  4. The committees shall draft the amendment’s language and publish the following for public consumption prior to the next legislative session:
    1. A chamber-ready draft, reflecting the state’s policy as set in Section A.
    2. A report on whether or not the Amendment will be advanced to the chamber, to include a full accounting of reasoning and committee votes.
  5. If the committees advance the Amendment to their respective chamber, and the chamber fails to pass it, that committee shall conduct a study, publish a report for public consumption, to include a full accounting of reasoning, chamber actions, & votes, all within 30 days of the end of the legislative session.
  6. If the committees do not advance the Amendment, the Amendment is not adopted by their respective chamber, or the Amendment fails to pass the legislature, the committees shall repeat the processes outlined in the above sections, D & E, every year until enough consensus can be reached to pass the Amendment.

Constitutional Risks

Legal Defense

Article III: Out-of-State Election Interference

  1. Prohibition on Out of State Contributions
    1. A candidate committee, political committee, or political party committee may not accept a contribution from an individual or organization whose primary residence or base of operation is not located within the State of Indiana at the time the contribution is made, or whose primary purpose is for the benefit of a foreign entity.
    2. Proof of Indiana residency shall be required and retained as part of campaign finance disclosure records.
    3. Contributions received in violation of this section must be returned within 10 business days or escheated to the state election fund.

Constitutional Risks

Legal Defense

Article IV: Corporate Election Interference

  1. Prohibition on Corporate Political Contributions
    1. A corporation, including any for profit or nonprofit corporation organized under Indiana law or doing business in Indiana, may not make:
      1. A contribution to a candidate committee;
      2. A contribution to a political party committee;
      3. A contribution to a political action committee;
      4. An independent expenditure intended to influence an Indiana election.
    2. This prohibition applies regardless of whether the corporation is headquartered in Indiana.
    3. Any corporate bylaw, shareholder vote, or internal authorization permitting such contributions is void as against public policy.
  2. Amendment to Indiana Business Corporation Law
    1. A corporation organized or authorized to transact business in Indiana shall not:
      1. Use corporate funds, assets, or resources for political purposes;
      2. Authorize officers or agents to make political expenditures on behalf of the corporation.
    2. Fiduciary duty of officers and directors does not include political advocacy or electoral influence.
    3. Violations constitute a breach of fiduciary duty enforceable by:
      1. The Attorney General; or
      2. Any Indiana shareholder through a derivative action.

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Legal Defense

Article V: Recognition of the Right to Candidacy

  1. Bullock v. Carter (1972) sets the precedence that candidacy is not a fundamental right, but the 9th Amendment of the U.S. Constitution establishes that just because a right is not specifically stated does not mean that it doesn’t exist.
  2. The First Amendment of the U.S. Constitution provides protections for political speech, peaceful protest, and campaigning.
  3. Running for public office is a deliberate combination of speech, peaceful protest, and campaigning. Ergo, running for public office shall henceforth be recognized as a First Amendment protected activity in the State of Indiana.
  4. The U.S. Constitution already provides eligibility requirements for federal offices and provides a process for amending those requirements.
  5. The Indiana State Constitution already provides eligibility requirements for state offices and provides a process for amending those requirements.
  6. Indiana State Legislators may not create barriers to running or change eligibility requirements for any public office established by either Constitution without a Constitutional amendment.
  7. Indiana State Legislators may not circumvent this by imposing rules on candidacy status that have the practical effect of adding barriers to running or changing eligibility requirements for Constitutionally established public offices.

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Article VI: Legislative Accountability

  1. Committee Chair Selection: Each chamber shall adopt rules providing for the selection of committee chairs based on majority rule within, and at the pleasure of, the respective committee.
  2. Discharge Petitions: Each chamber shall adopt rules establishing a transparent process for discharging bills from committee, including minority‑initiated petitions representing over 30% of the committee or over 30% of the chamber.
  3. Recorded Votes on Procedural Objections: Each chamber shall adopt rules ensuring that procedural objections are resolved through transparent voting methods that allow the public to identify how members voted.
  4. Mandatory Recorded Votes on All Legislation: Each chamber shall adopt rules ensuring that whenever a voice vote is used, the presiding officer shall certify and publish the result, by name, for public consumption within 24 hours; and any member may request that the vote be recorded by name for official record.
  5. All provisions of this Article shall be interpreted to supplement, and not supersede, the constitutional authority of each chamber to determine its rules of proceeding. Where a conflict is alleged, the chambers may comply through adoption of rules consistent with the purposes of this Article.

Constitutional Risks

Legal Defense

Article VII: Public Deception

  1. Purpose: The purpose of this Article is to protect national security, public safety, consumer rights, and the integrity of elections, public institutions, and electoral processes by prohibiting fraudulent manipulation, intentional deception, and materially harmful misrepresentations in political, governmental, and mass‑media communications. This Article regulates fraudulent conduct, not political content, and applies equally to all speakers. This Article shall not be interpreted to restrict conspicuously labeled satire, parody, editorial opinion, rhetorical hyperbole, or entertainment in which deception is met with informed consent by the deceived.
  2. Jurisdiction Clause: This Article applies to conduct occurring within the State of Indiana or directed toward Indiana voters, public institutions, or electoral processes. Nothing in this Article shall be construed to regulate conduct outside the State of Indiana, except where such conduct is intentionally directed toward Indiana elections, public institutions, or residents.
  3. Definitions: For the purposes of this Article:
    1. “Fraudulent Manipulation” means an intentional act or scheme designed to induce reliance through materially false representations, omissions, or deceptive practices, where such reliance results in measurable harm to voters, the public, or the integrity of an election in the State of Indiana.
    2. “Material Misrepresentation” means a knowingly false statement or deceptive omission concerning a verifiable fact, made with intent that others rely upon it in a political, governmental, or electoral context, and where such reliance is reasonably foreseeable to cause material harm.
    3. “Transactional Political Communication” means political or media communication in which the speaker seeks to obtain something of value — including votes, signatures, political contributions, or public influence — in exchange for information presented as factual.
    4. “Mass‑Media Deceptive Practice” means an intentional act by a media organization or individual engaged in mass communication directed at Indiana residents to materially misrepresent verifiable facts in a manner that constitutes fraudulent manipulation for financial, political, or institutional gain.
    5. “Official Capacity” means any communication, statement, or representation made by an elected or appointed public official of the State of Indiana or its political subdivisions while performing, describing, or purporting to describe their official duties, powers, or governmental actions.
    6. “Material Harm” includes distortion of electoral outcomes, interference with the lawful exercise of voting rights, financial loss, public safety risks, or impairment of governmental decision‑making.
  4. Duties of Office:
    1. Elected office shall be recognized by the State of Indiana as a fiduciary role.
    2. The Oath of Office shall also be recognized as a binding legal obligation.
    3. Intended Affect: Intentional lies while in office would be susceptible to perjury laws, subject to the safeguards outlined in Section H.
  5. Prohibition of Fraudulent Political Deception: Violation of this Section constitutes a form of Election Fraud under Indiana law, categorized as Official Misconduct by Deception. A person shall not, in a transactional political communication, knowingly engage in fraudulent manipulation or make a material misrepresentation with intent to obtain:
    1. a vote,
    2. a ballot‑access signature,
    3. a political contribution,
    4. public influence or political advantage, or
    5. any other thing of value connected to an election or public office.
  6. Prohibition of Mass‑Media Deceptive Practices: Violation of this Section constitutes a form of Commercial Fraud under Indiana law, categorized as Deceptive Media Fraud. This Section does not apply to conspicuously labeled satire, parody, editorial opinion, or expressive works where the audience possesses informed consent of being deceived. A media organization or individual engaged in mass communication shall not intentionally engage in a deceptive media practice that:
    1. involves a material misrepresentation of verifiable fact,
    2. is made with intent to induce reliance,
    3. results in material harm, or
    4. constitutes fraudulent manipulation for financial, political, or institutional gain.
  7. Official Misconduct by Deception: Violation of this Section constitutes Official Misconduct by Deception, a statutory offense requiring proof of intent, materiality, and harm. This Section shall not apply to political advocacy, rhetorical persuasion, or statements made outside official capacity. An elected or appointed public official shall not, in their official capacity:
    1. Knowingly make a materially false statement of fact,
    2. Knowingly omit material facts necessary to prevent a statement from being misleading, or
    3. Engage in any deceptive practice with intent to cause material harm to the public, governmental decision‑making, or the integrity of an election.
  8. Required Elements of Proof: No person may be found liable under this Article unless the Plaintiff proves:
    1. Intent: The speaker knowingly engaged in deception.
    2. Materiality: The deception concerned a verifiable fact of significance.
    3. Reliance: Reliance was reasonably foreseeable; and
    4. Harm: The deception caused or was likely to cause material harm.
    5. Mere falsity, error, opinion, or rhetorical exaggeration is insufficient.
  9. Safeguards Against Abuse: To prevent political weaponization:
    1. Complaints may only be filed by plaintiffs with direct evidence of intent and harm.
    2. Investigations require a judicial finding of probable cause.
    3. Enforcement shall apply equally to all speakers, regardless of political affiliation, status, or viewpoint.
    4. Where ambiguity exists, courts shall interpret this Article in a manner consistent with fraud‑based regulation rather than content‑based speech regulation.
  10. Protection of Constitutionally Protected Speech: Nothing in this Article shall be interpreted to:
    1. Restrict satire, parody, or expressive works with informed consent.
    2. Penalize honest mistakes or good‑faith reporting.
    3. Regulate political opinion, ideology, or advocacy.
    4. Interfere with editorial discretion.
    5. Criminalize speech absent intent, materiality, and harm.
    6. Authorize prior restraint. However, the extent of planning and premeditation that went into the deceit shall weigh into any judgements against the defendant.
  11. Relationship to Existing Law: This Article supplements, and does not supersede:
    1. State consumer‑protection laws,
    2. State election‑fraud statutes,
    3. Defamation law,
    4. Perjury statutes,
    5. Any other provisions of Indiana law governing fraud, elections, consumer protection, or official misconduct.

Constitutional Risks

Legal Defense

Article VIII: Public Review Petition Process

  1. Purpose: The purpose of this Article is to strengthen public accountability by allowing constituents to formally request public review of significant actions taken by their elected district officials. This Article supplements, and does not diminish, the constitutional authority of elected officials.
  2. Public Review Petition Threshold: If at any time 10% of registered voters in a district sign a petition requesting review of a specific action taken by their elected district official, the petition shall be submitted to the appropriate election authority for verification.
  3. Mandatory Public Hearing: Upon verification of the petition, the relevant governmental body shall conduct a public hearing on the action within 60 days, allowing constituents to present testimony, evidence, and objections.
  4. Public Review Report: Following the hearing, the governmental body shall publish a Public Review Report summarizing:
    1. the action under review,
    2. the concerns raised by petitioners,
    3. the official’s response, and
    4. any recommended corrective measures.
  5. Optional Advisory Ballot Question: If 20% of registered voters sign a supplemental petition within 90 days of the hearing, the action shall be placed on the ballot at the next regularly scheduled election as a nonbinding advisory question.
  6. Effect of Advisory Vote: The advisory vote shall not invalidate or suspend the action, but elected officials must publicly state, within 30 days of certification, whether they will uphold the action, modify it, or reverse it. Their decision must include written reasoning for the public record.
  7. No Suspension of Official Authority: Nothing in this Article shall be interpreted to:
    1. suspend, veto, or invalidate an official action,
    2. transfer executive or legislative authority to voters, or
    3. interfere with duties required by state or federal law.

Constitutional Risks

Legal Defense

Article IX: General Enforcement

  1. Scope and Applicability
    1. The provisions of this Article apply to the enforcement of all Articles of this Act unless an Article expressly provides its own enforcement mechanism or specifies otherwise.
    2. Where an Article contains enforcement provisions that conflict with this Article, the Article‑specific provisions shall govern.
    3. Where an Article is silent, the default rules of this Article shall apply.
  2. Enforcement Authorities
    1. The Indiana Election Division and the Office of the Attorney General shall have concurrent jurisdiction to investigate, enforce, and prosecute violations of this Act.
    2. Supplemental Jurisdiction:
      1. County election boards may initiate investigations into violations occurring within their jurisdiction and may refer matters to the Indiana Election Division or Attorney General.
      2. State agencies with subject‑matter jurisdiction (e.g., Department of Revenue, Secretary of State, Indiana Utility Regulatory Commission) may refer relevant violations.
    3. The enforcing authority may:
      1. Issue subpoenas for documents and testimony;
      2. Compel production of campaign finance records, corporate records, or communications relevant to an alleged violation;
      3. Conduct audits of campaign committees, political committees, and corporate entities.
    4. Where a violation constitutes a criminal offense under existing Indiana law, the Attorney General may refer the matter to the appropriate county prosecutor.
  3. Administrative Enforcement Procedures
    1. Enforcement actions may be initiated by:
      1. A sworn complaint filed by any Indiana resident with direct evidence of a violation;
      2. A referral from a state or local agency;
      3. Independent investigation by the enforcing authority.
    2. No investigation requiring compulsory process may proceed without a judicial finding of probable cause.
    3. Respondents shall receive written notice of alleged violations and shall have at least 30 days to submit evidence or argument.
    4. Administrative hearings shall be conducted pursuant to the Indiana Administrative Orders and Procedures Act (AOPA).
    5. Final administrative determinations may be appealed to the appropriate court under AOPA.
  4. Penalties
    1. Civil Penalties
      1. Civil fines may be imposed for negligent, reckless, or knowing violations.
      2. Fines shall be proportionate to the severity of the violation, the degree of intent, and the harm caused.
    2. Administrative Remedies
      1. Cease‑and‑desist orders
      2. Mandatory corrective disclosures
      3. Suspension of campaign activity until compliance is achieved
    3. Forfeiture of office may be imposed only for knowing and material violations that:
      1. Constitute Official Misconduct by Deception under Article VII, or
      2. Involve intentional violations of Articles III or IV that materially affect an election.
    4. Corporate officers who authorize illegal political expenditures may be held personally liable.
    5. Where conduct constitutes a criminal offense under existing Indiana law, including election fraud, perjury, consumer fraud, or official misconduct, such conduct may be prosecuted under those statutes.
    6. The enforcing authority may order restitution or disgorgement of funds obtained through violations of this Act.
  5. Standards of Proof
    1. Violations must be proven by a preponderance of the evidence unless otherwise specified.
    2. Criminal violations must be proven beyond a reasonable doubt.
    3. Where an Article requires proof of intent, materiality, reliance, or harm, those elements shall be interpreted consistent with Article VII.
  6. Interaction with Existing Law
    1. This Act supplements, and does not supersede, existing Indiana statutes governing election fraud, consumer protection, corporate fiduciary duties, defamation, perjury, and official misconduct.
    2. Where a conflict exists, courts shall interpret this Act in a manner consistent with constitutional requirements and legislative intent.
  7. Article‑Specific Enforcement
    1. Article III (Out‑of‑State Contributions): Violations involving unlawful out-of-state contributions shall be subject to mandatory return or escheatment as required by Article III.
    2. Article IV (Corporate Election Interference): Violations involving corporate political expenditures may be enforced through:
      1. Attorney General action;
      2. Shareholder derivative actions.
    3. Article VII (Public Deception): Enforcement shall follow the safeguards, definitions, and required elements of proof set forth in Article VII.
    4. Article VIII (Public Review Petition Process): Violations of procedural obligations under Article VIII shall be enforced through administrative orders compelling compliance.
  8. Rulemaking Authority: The Indiana Election Division may adopt rules necessary to implement this Act, including:
    1. Procedures for complaint intake;
    2. Standards for audits;
    3. Reporting requirements;
    4. Penalty schedules;
    5. Forms and documentation requirements.

Hi,

I’m Joshua Brant

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Recent posts

  • Full Round Table Schedule

  • Community Round Table Update

  • Day Late Campaign Update (05/07/26)

  • Anti-Corruption Act Part 10: Article IX: General Enforcement

  • Hump Day Campaign Update (04/29/26)

  • Anti-Corruption Act Part 9: Article VIII

Elect Joshua Brant

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