Indiana 2022 Regular Session

Indiana House Bill HB1145 Compare Versions

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11
22 Introduced Version
33 HOUSE BILL No. 1145
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 3-5; IC 3-8; IC 3-10; IC 3-11; IC 3-12;
77 IC 3-13-10.5; IC 20-23; IC 20-25-3-4; IC 20-26-4; IC 33-33-53-5.
88 Synopsis: School board elections. Requires candidates for school
99 board offices to be nominated in the same manner as candidates for all
1010 other elected offices are nominated. Repeals the current statute relating
1111 to nomination of candidates for school board offices. Repeals other
1212 superseded statutes. Makes conforming changes.
1313 Effective: January 1, 2023.
1414 Morrison, Morris
1515 January 6, 2022, read first time and referred to Committee on Elections and
1616 Apportionment.
1717 2022 IN 1145—LS 6644/DI 75 Introduced
1818 Second Regular Session of the 122nd General Assembly (2022)
1919 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2020 Constitution) is being amended, the text of the existing provision will appear in this style type,
2121 additions will appear in this style type, and deletions will appear in this style type.
2222 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2323 provision adopted), the text of the new provision will appear in this style type. Also, the
2424 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2525 a new provision to the Indiana Code or the Indiana Constitution.
2626 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2727 between statutes enacted by the 2021 Regular Session of the General Assembly.
2828 HOUSE BILL No. 1145
2929 A BILL FOR AN ACT to amend the Indiana Code concerning
3030 elections.
3131 Be it enacted by the General Assembly of the State of Indiana:
3232 1 SECTION 1. IC 3-5-2-44 IS AMENDED TO READ AS FOLLOWS
3333 2 [EFFECTIVE JANUARY 1, 2023]: Sec. 44. (a) "School board" means
3434 3 the fiscal governing body of a school corporation (as defined in
3535 4 IC 20-18-2-5).
3636 5 (b) The term includes an elected school advisory board.
3737 6 SECTION 2. IC 3-5-2-45 IS AMENDED TO READ AS FOLLOWS
3838 7 [EFFECTIVE JANUARY 1, 2023]: Sec. 45. (a) "School board office"
3939 8 refers to an elected position on the school board of a school
4040 9 corporation.
4141 10 (b) The term includes an elected school advisory board office.
4242 11 SECTION 3. IC 3-5-4-1.7, AS AMENDED BY P.L.257-2019,
4343 12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4444 13 JANUARY 1, 2023]: Sec. 1.7. (a) Except as otherwise expressly
4545 14 authorized or required under this title, a filing by a person with a
4646 15 commission, the election division, an election board, or a county voter
4747 16 registration office may not be made by fax or electronic mail.
4848 17 (b) A petition of nomination filed with a county voter registration
4949 2022 IN 1145—LS 6644/DI 75 2
5050 1 office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or a petition to
5151 2 place a public question on the ballot, or any other petition filed that
5252 3 requires the county voter registration office to certify the validity of
5353 4 signatures, may not contain the electronic signature, digital signature,
5454 5 digitized signature, or photocopied signature of a voter.
5555 6 SECTION 4. IC 3-8-1-2, AS AMENDED BY P.L.278-2019,
5656 7 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5757 8 JANUARY 1, 2023]: Sec. 2. (a) This section does not apply to a
5858 9 candidate challenged under IC 3-8-8.
5959 10 (b) The commission, a county election board, or a town election
6060 11 board shall act if a candidate (or a person acting on behalf of a
6161 12 candidate in accordance with state Indiana law) has filed any of the
6262 13 following:
6363 14 (1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
6464 15 (2) A request for ballot placement in a presidential primary under
6565 16 IC 3-8-3.
6666 17 (3) A petition of nomination or candidate's consent to nomination
6767 18 under IC 3-8-2.5 or IC 3-8-6.
6868 19 (4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
6969 20 IC 3-10-2-15, or IC 3-10-6-12.
7070 21 (5) A certificate of candidate selection under IC 3-13-1 or
7171 22 IC 3-13-2.
7272 23 (6) A declaration of intent to be a write-in candidate under
7373 24 IC 3-8-2-2.5.
7474 25 (7) A contest to the denial of certification under IC 3-8-2.5 or
7575 26 IC 3-8-6-12.
7676 27 (c) The commission has jurisdiction to act under this section with
7777 28 regard to any filing described in subsection (b) that was made with the
7878 29 election division. Except for a filing under the jurisdiction of a town
7979 30 election board, a county election board has jurisdiction to act under this
8080 31 section with regard to any filing described in subsection (b) that was
8181 32 made with the county election board, county voter registration office,
8282 33 or the circuit court clerk. A town election board has jurisdiction to act
8383 34 under this section with regard to any filing that was made with the
8484 35 county election board, the county voter registration office, or the circuit
8585 36 court clerk for nomination or election to a town office.
8686 37 (d) Except as provided in subsection (f), before the commission or
8787 38 election board acts under this section, a registered voter of the election
8888 39 district that a candidate seeks to represent or a county chairman of a
8989 40 major political party of a county in which any part of the election
9090 41 district is located must file a sworn statement before a person
9191 42 authorized to administer oaths, with the election division or election
9292 2022 IN 1145—LS 6644/DI 75 3
9393 1 board:
9494 2 (1) questioning the eligibility of the candidate to seek the office;
9595 3 and
9696 4 (2) setting forth the facts known to the voter or county chairman
9797 5 of a major political party of a county concerning this question.
9898 6 (e) The eligibility of a write-in candidate or a candidate nominated
9999 7 by a convention, petition, or primary may not be challenged under this
100100 8 section if the commission or board determines that all of the following
101101 9 occurred:
102102 10 (1) The eligibility of the candidate was challenged under this
103103 11 section before the candidate was nominated.
104104 12 (2) The commission or board conducted a hearing on the affidavit
105105 13 before the nomination.
106106 14 (3) This challenge would be based on substantially the same
107107 15 grounds as the previous challenge to the candidate.
108108 16 (f) Before the commission or election board can consider a contest
109109 17 to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a
110110 18 candidate (or a person acting on behalf of a candidate in accordance
111111 19 with state Indiana law) must file a sworn statement with the election
112112 20 division or election board:
113113 21 (1) stating specifically the basis for the contest; and
114114 22 (2) setting forth the facts known to the candidate supporting the
115115 23 basis for the contest.
116116 24 (g) Upon the filing of a sworn statement under subsection (d) or (f),
117117 25 the commission or election board shall determine the validity of the
118118 26 questioned:
119119 27 (1) declaration of candidacy;
120120 28 (2) declaration of intent to be a write-in candidate;
121121 29 (3) request for ballot placement under IC 3-8-3;
122122 30 (4) petition of nomination;
123123 31 (5) certificate of nomination;
124124 32 (6) certificate of candidate selection issued under IC 3-13-1-15 or
125125 33 IC 3-13-2-8; or
126126 34 (7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
127127 35 (h) The commission or election board shall deny a filing if the
128128 36 commission or election board determines that the candidate has not
129129 37 complied with the applicable requirements for the candidate set forth
130130 38 in the Constitution of the United States, the Constitution of the State of
131131 39 Indiana, or this title.
132132 40 SECTION 5. IC 3-8-2-2 IS AMENDED TO READ AS FOLLOWS
133133 41 [EFFECTIVE JANUARY 1, 2023]: Sec. 2. A person An individual
134134 42 who desires to be nominated at a primary election as a candidate of a
135135 2022 IN 1145—LS 6644/DI 75 4
136136 1 political party subject to this chapter for a federal, state, legislative, or
137137 2 local, or school board office shall file a declaration of candidacy.
138138 3 SECTION 6. IC 3-8-2.5 IS REPEALED [EFFECTIVE JANUARY
139139 4 1, 2023]. (Nomination for School Board Office).
140140 5 SECTION 7. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
141141 6 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
142142 7 JANUARY 1, 2023]: Sec. 1. (a) This chapter applies to a candidate for
143143 8 nomination to an elected office who:
144144 9 (1) is an independent candidate; or
145145 10 (2) represents a political party not qualified to nominate
146146 11 candidates in a primary or by convention.
147147 12 (b) This chapter does not apply to a candidate for a school board
148148 13 office.
149149 14 SECTION 8. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
150150 15 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
151151 16 JANUARY 1, 2023]: Sec. 28. (a) Except as provided in subsections (b)
152152 17 and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
153153 18 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
154154 19 notice of withdrawal in writing with the public official with whom the
155155 20 certificate of nomination was filed by noon:
156156 21 (1) July 15 before a general or municipal election;
157157 22 (2) August 1 before a municipal election in a town subject to
158158 23 IC 3-8-5-10;
159159 24 (3) on the date specified for town convention nominees under
160160 25 IC 3-8-5-14.5;
161161 26 (4) on the date specified for declared write-in candidates under
162162 27 IC 3-8-2-2.7; or
163163 28 (5) on the date specified for a school board candidate under
164164 29 IC 3-8-2.5-4; or
165165 30 (6) (5) forty-five (45) days before a special election.
166166 31 (b) A candidate who is disqualified from being a candidate under
167167 32 IC 3-8-1-5 must file a notice of withdrawal immediately upon
168168 33 becoming disqualified. IC 3-8-8-7 and the filing requirements of
169169 34 subsection (a) do not apply to a notice of withdrawal filed under this
170170 35 subsection.
171171 36 (c) A candidate who has moved from the election district the
172172 37 candidate sought to represent must file a notice of withdrawal
173173 38 immediately after changing the candidate's residence. IC 3-8-8-7 and
174174 39 the filing requirements of subsection (a) do not apply to a notice of
175175 40 withdrawal filed under this subsection.
176176 41 SECTION 9. IC 3-8-9-5, AS AMENDED BY P.L.278-2019,
177177 42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
178178 2022 IN 1145—LS 6644/DI 75 5
179179 1 JANUARY 1, 2023]: Sec. 5. An individual required to file a statement
180180 2 under section 4 of this chapter shall file the statement as follows:
181181 3 (1) With the individual's:
182182 4 (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
183183 5 (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
184184 6 office described in IC 3-8-2-5 in a county with a separate
185185 7 board of registration under IC 3-7-12 after certification by the
186186 8 board of registration;
187187 9 (C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
188188 10 office described in IC 3-8-2-5 in a county that does not have a
189189 11 separate board of registration under IC 3-7-12;
190190 12 (D) petition of nomination under IC 3-8-6 for an office
191191 13 described in IC 3-8-2-5 after certification by the county voter
192192 14 registration office;
193193 15 (E) certificate of nomination under IC 3-10-2-15 or
194194 16 IC 3-10-6-12;
195195 17 (F) statement consenting to be a replacement candidate under
196196 18 IC 3-8-6-17;
197197 19 (G) declaration of intent to be a write-in candidate under
198198 20 IC 3-8-2-2.5; or
199199 21 (H) certificate of candidate selection under IC 3-13-1 or
200200 22 IC 3-13-2.
201201 23 (2) When the individual assumes a vacant elected office under
202202 24 IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-10.5-3, or
203203 25 IC 3-13-11. or IC 20-23-4-30. A statement filed under this
204204 26 subdivision must be filed not later than noon sixty (60) days after
205205 27 the individual assumes the elected office.
206206 28 SECTION 10. IC 3-10-1-4 IS AMENDED TO READ AS
207207 29 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 4. (a) At a
208208 30 primary election each political party subject to section 2 of this chapter
209209 31 shall nominate its candidates for the following offices to be voted for
210210 32 at the general election:
211211 33 (1) United States Senator.
212212 34 (2) Governor.
213213 35 (3) United States Representative.
214214 36 (4) Legislative offices.
215215 37 (5) Local offices.
216216 38 (6) School board offices.
217217 39 (b) In addition, each political party subject to section 2 of this
218218 40 chapter shall:
219219 41 (1) vote on candidates for nomination as President of the United
220220 42 States;
221221 2022 IN 1145—LS 6644/DI 75 6
222222 1 (2) elect delegates from each county to the party's state
223223 2 convention; and
224224 3 (3) elect a precinct committeeman for each precinct in the county
225225 4 if precinct committeemen are to be elected under section 4.5 of
226226 5 this chapter.
227227 6 SECTION 11. IC 3-10-1-18, AS AMENDED BY P.L.76-2014,
228228 7 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
229229 8 JANUARY 1, 2023]: Sec. 18. (a) Except as provided by subsection (b),
230230 9 the names of all candidates for each office who have qualified under
231231 10 IC 3-8 shall be arranged in alphabetical order by surnames under the
232232 11 designation of the office.
233233 12 (b) This subsection applies to a county having a population of more
234234 13 than four hundred thousand (400,000) but less than seven hundred
235235 14 thousand (700,000). The names of all candidates for each office who
236236 15 have qualified under IC 3-8, except for a school board office, precinct
237237 16 committeeman or state convention delegate, shall be arranged in
238238 17 random order by surnames under the designation of the office. The
239239 18 random order shall be determined using a lottery. The lottery held in
240240 19 accordance with this subsection shall be conducted in public by the
241241 20 county election board. The lottery shall be held not later than fifteen
242242 21 (15) days following the last day for a declaration of candidacy under
243243 22 IC 3-8-2-4. All candidates whose names are to be arranged by way of
244244 23 the lottery shall be notified at least five (5) days prior to the lottery of
245245 24 the time and place at which the lottery is to be held. Each candidate
246246 25 may have one (1) designated watcher, and each county political party
247247 26 may have one (1) designated watcher who shall be allowed to observe
248248 27 the lottery procedure.
249249 28 (c) For paper ballots, the left margin of the ballot for each political
250250 29 party must show the name of the uppermost candidate printed to the
251251 30 right of the number 1, the next candidate number 2, the next candidate
252252 31 number 3, and so on, consecutively to the end of the ballot as
253253 32 prescribed in section 19 of this chapter. If ordered by a county election
254254 33 board or a board of elections and registration under IC 3-11-15-13.1(b),
255255 34 a ballot number or other candidate designation uniquely associated
256256 35 with the candidate must be displayed on the electronic voting system
257257 36 and printed on the ballot cards.
258258 37 (d) This subsection applies to a county having a population of more
259259 38 than four hundred thousand (400,000) but less than seven hundred
260260 39 thousand (700,000). If there is insufficient room on a row to list each
261261 40 candidate of a political party, a second or subsequent row may be
262262 41 utilized. However, a second or subsequent row may not be utilized
263263 42 unless the first row, and all preceding rows, have been filled.
264264 2022 IN 1145—LS 6644/DI 75 7
265265 1 SECTION 12. IC 3-10-1-19, AS AMENDED BY P.L.278-2019,
266266 2 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
267267 3 JANUARY 1, 2023]: Sec. 19. (a) The ballot for a primary election shall
268268 4 be printed in substantially the form described in this section for all the
269269 5 offices for which candidates have qualified under IC 3-8.
270270 6 (b) The following shall be printed as the heading for the ballot for
271271 7 a political party:
272272 8 "OFFICIAL PRIMARY BALLOT
273273 9 _________________ Party (insert the name of the political party)".
274274 10 (c) The following shall be printed immediately below the heading
275275 11 required by subsection (b) or be posted in each voting booth as
276276 12 provided in IC 3-11-2-8(b):
277277 13 (1) For paper ballots, print: To vote for a person, make a voting
278278 14 mark (X or U) on or in the box before the person's name in the
279279 15 proper column.
280280 16 (2) For optical scan ballots, print: To vote for a person, darken or
281281 17 shade in the circle, oval, or square (or draw a line to connect the
282282 18 arrow) that precedes the person's name in the proper column.
283283 19 (3) For optical scan ballots that do not contain a candidate's name,
284284 20 print: To vote for a person, darken or shade in the oval that
285285 21 precedes the number assigned to the person's name in the proper
286286 22 column.
287287 23 (4) For electronic voting systems, print: To vote for a person,
288288 24 touch the screen (or press the button) in the location indicated.
289289 25 (d) Local public questions shall be placed on the primary election
290290 26 ballot after the heading and the voting instructions described in
291291 27 subsection (c) (if the instructions are printed on the ballot) and before
292292 28 the offices described in subsection (g).
293293 29 (e) The local public questions described in subsection (d) shall be
294294 30 placed as follows:
295295 31 (1) In a separate column on the ballot if voting is by paper ballot.
296296 32 (2) After the heading and the voting instructions described in
297297 33 subsection (c) (if the instructions are printed on the ballot) and
298298 34 before the offices described in subsection (g), in the form
299299 35 specified in IC 3-11-13-11 if voting is by ballot card.
300300 36 (3) As provided by either of the following if voting is by an
301301 37 electronic voting system:
302302 38 (A) On a separate screen for a public question.
303303 39 (B) After the heading and the voting instructions described in
304304 40 subsection (c) (if the instructions are printed on the ballot) and
305305 41 before the offices described in subsection (g), in the form
306306 42 specified in IC 3-11-14-3.5.
307307 2022 IN 1145—LS 6644/DI 75 8
308308 1 (f) A public question shall be placed on the primary election ballot
309309 2 in the following form:
310310 3 (The explanatory text for the public question,
311311 4 if required by law.)
312312 5 "Shall (insert public question)?"
313313 6 [] YES
314314 7 [] NO
315315 8 (g) The offices with candidates for nomination shall be placed on
316316 9 the primary election ballot in the following order:
317317 10 (1) Federal and state offices:
318318 11 (A) President of the United States.
319319 12 (B) United States Senator.
320320 13 (C) Governor.
321321 14 (D) United States Representative.
322322 15 (2) Legislative offices:
323323 16 (A) State senator.
324324 17 (B) State representative.
325325 18 (3) Circuit offices and county judicial offices:
326326 19 (A) Judge of the circuit court, and unless otherwise specified
327327 20 under IC 33, with each division separate if there is more than
328328 21 one (1) judge of the circuit court.
329329 22 (B) Judge of the superior court, and unless otherwise specified
330330 23 under IC 33, with each division separate if there is more than
331331 24 one (1) judge of the superior court.
332332 25 (C) Judge of the probate court.
333333 26 (D) Prosecuting attorney.
334334 27 (E) Circuit court clerk.
335335 28 (4) County offices:
336336 29 (A) County auditor.
337337 30 (B) County recorder.
338338 31 (C) County treasurer.
339339 32 (D) County sheriff.
340340 33 (E) County coroner.
341341 34 (F) County surveyor.
342342 35 (G) County assessor.
343343 36 (H) County commissioner.
344344 37 (I) County council member.
345345 38 (5) Township offices:
346346 39 (A) Township assessor (only in a township referred to in
347347 40 IC 36-6-5-1(d)).
348348 41 (B) Township trustee.
349349 42 (C) Township board member.
350350 2022 IN 1145—LS 6644/DI 75 9
351351 1 (D) Judge of the small claims court.
352352 2 (E) Constable of the small claims court.
353353 3 (6) City offices:
354354 4 (A) Mayor.
355355 5 (B) Clerk or clerk-treasurer.
356356 6 (C) Judge of the city court.
357357 7 (D) City-county council member or common council member.
358358 8 (7) Town offices:
359359 9 (A) Clerk-treasurer.
360360 10 (B) Judge of the town court.
361361 11 (C) Town council member.
362362 12 (8) School board offices.
363363 13 (h) The political party offices with candidates for election shall be
364364 14 placed on the primary election ballot in the following order after the
365365 15 offices described in subsection (g):
366366 16 (1) Precinct committeeman.
367367 17 (2) State convention delegate.
368368 18 (i) The local offices to be elected at the primary election shall be
369369 19 placed on the primary election ballot after the offices described in
370370 20 subsection (h).
371371 21 (j) The offices described in subsection (i) shall be placed as follows:
372372 22 (1) In a separate column on the ballot if voting is by paper ballot.
373373 23 (2) After the offices described in subsection (h) in the form
374374 24 specified in IC 3-11-13-11 if voting is by ballot card.
375375 25 (3) Either:
376376 26 (A) on a separate screen for each office or public question; or
377377 27 (B) after the offices described in subsection (h) in the form
378378 28 specified in IC 3-11-14-3.5;
379379 29 if voting is by an electronic voting system.
380380 30 SECTION 13. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
381381 31 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
382382 32 JANUARY 1, 2023]: Sec. 1. A special election shall be held in the
383383 33 following cases:
384384 34 (1) Whenever two (2) or more candidates for a federal, state,
385385 35 legislative, or circuit or school board office receive the highest
386386 36 greatest and an equal number of votes for the office, except as
387387 37 provided in Article 5, Section 5 of the Constitution of the State of
388388 38 Indiana. or in IC 20.
389389 39 (2) Whenever a vacancy occurs in the office of United States
390390 40 Senator, as provided in IC 3-13-3-1.
391391 41 (3) Whenever a vacancy occurs in the office of United States
392392 42 Representative unless the vacancy occurs less than seventy-four
393393 2022 IN 1145—LS 6644/DI 75 10
394394 1 (74) days before a general election.
395395 2 (4) Whenever a vacancy occurs in any local office the filling of
396396 3 which is not otherwise provided by law.
397397 4 (5) Whenever required by law for a public question.
398398 5 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
399399 6 recount commission under IC 3-12-11-18.
400400 7 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
401401 8 legislative office unless the vacancy occurs less than seventy-four
402402 9 (74) days before a general election.
403403 10 SECTION 14. IC 3-11-2-12, AS AMENDED BY P.L.109-2021,
404404 11 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
405405 12 JANUARY 1, 2023]: Sec. 12. The following offices shall be placed on
406406 13 the general election ballot in the following order after the public
407407 14 questions described in section 10(a) of this chapter:
408408 15 (1) Federal and state offices:
409409 16 (A) President and Vice President of the United States.
410410 17 (B) United States Senator.
411411 18 (C) Governor and lieutenant governor.
412412 19 (D) Secretary of state.
413413 20 (E) Auditor of state.
414414 21 (F) Treasurer of state.
415415 22 (G) Attorney general.
416416 23 (H) United States Representative.
417417 24 (2) Legislative offices:
418418 25 (A) State senator.
419419 26 (B) State representative.
420420 27 (3) Circuit offices and county judicial offices:
421421 28 (A) Judge of the circuit court, and unless otherwise specified
422422 29 under IC 33, with each division separate if there is more than
423423 30 one (1) judge of the circuit court.
424424 31 (B) Judge of the superior court, and unless otherwise specified
425425 32 under IC 33, with each division separate if there is more than
426426 33 one (1) judge of the superior court.
427427 34 (C) Judge of the probate court.
428428 35 (D) Prosecuting attorney.
429429 36 (E) Clerk of the circuit court.
430430 37 (4) County offices:
431431 38 (A) County auditor.
432432 39 (B) County recorder.
433433 40 (C) County treasurer.
434434 41 (D) County sheriff.
435435 42 (E) County coroner.
436436 2022 IN 1145—LS 6644/DI 75 11
437437 1 (F) County surveyor.
438438 2 (G) County assessor.
439439 3 (H) County commissioner.
440440 4 (I) County council member.
441441 5 (5) Township offices:
442442 6 (A) Township assessor (only in a township referred to in
443443 7 IC 36-6-5-1(d)).
444444 8 (B) Township trustee.
445445 9 (C) Township board member.
446446 10 (D) Judge of the small claims court.
447447 11 (E) Constable of the small claims court.
448448 12 (6) City offices:
449449 13 (A) Mayor.
450450 14 (B) Clerk or clerk-treasurer.
451451 15 (C) Judge of the city court.
452452 16 (D) City-county council member or common council member.
453453 17 (7) Town offices:
454454 18 (A) Clerk-treasurer.
455455 19 (B) Judge of the town court.
456456 20 (C) Town council member.
457457 21 (8) School board offices.
458458 22 SECTION 15. IC 3-11-2-12.4, AS AMENDED BY P.L.109-2021,
459459 23 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
460460 24 JANUARY 1, 2023]: Sec. 12.4. (a) This section applies whenever more
461461 25 than one (1) candidate may be elected to an office.
462462 26 (b) The office shall be placed on the general election ballot after the
463463 27 offices described in section 12 of this chapter. and before the offices
464464 28 described in section 12.9 of this chapter.
465465 29 (c) Whenever candidates are to be elected to a county council, city
466466 30 common council, or town council that includes both an at-large
467467 31 member and a member representing a district, the candidates seeking
468468 32 election as an at-large member shall be placed on the ballot before
469469 33 candidates seeking to represent a district.
470470 34 (d) The ballot shall contain a statement reading substantially as
471471 35 follows above the name of the first candidate: "To vote for any
472472 36 candidate for this office, you must make a voting mark for each
473473 37 candidate you wish to vote for. A straight party vote will not count as
474474 38 a vote for any candidate for this office.".
475475 39 SECTION 16. IC 3-11-2-12.9 IS REPEALED [EFFECTIVE
476476 40 JANUARY 1, 2023]. Sec. 12.9. (a) School board offices to be elected
477477 41 at the general election shall be placed on the general election ballot
478478 42 after the offices described in section 12.4 of this chapter with each
479479 2022 IN 1145—LS 6644/DI 75 12
480480 1 candidate for the office designated as "nonpartisan".
481481 2 (b) If the ballot contains a candidate for a school board office, the
482482 3 ballot must also contain a statement that reads substantially as follows:
483483 4 "To vote for a candidate for this office, make a voting mark on or in the
484484 5 square to the left of the candidate's name.".
485485 6 (c) Whenever candidates are to be elected to a school board office
486486 7 that includes both an at-large member and a member representing a
487487 8 district, the candidates seeking election as an at-large member shall be
488488 9 placed on the ballot before candidates seeking to represent a district.
489489 10 SECTION 17. IC 3-11-2-13, AS AMENDED BY P.L.190-2011,
490490 11 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
491491 12 JANUARY 1, 2023]: Sec. 13. (a) The following offices shall be placed
492492 13 on the general election ballot in the following order after the offices
493493 14 described in section 12.9 12.4 of this chapter:
494494 15 (1) Retention of a justice of the supreme court.
495495 16 (2) Retention of a judge of the court of appeals.
496496 17 (3) Retention of the judge of the tax court.
497497 18 (b) Whenever more than one (1) justice of the supreme court is
498498 19 subject to retention, the name of each justice must appear on the ballot
499499 20 in alphabetical order. However, if the justice serving as chief justice is
500500 21 subject to retention, the chief justice's name must appear first.
501501 22 (c) Whenever more than one (1) judge of the court of appeals is
502502 23 subject to retention, the name of each judge must appear on the ballot
503503 24 in alphabetical order. However, if the judge serving as chief judge is
504504 25 subject to retention, the chief judge's name must appear first.
505505 26 (d) These offices shall be placed in a separate column on the ballot.
506506 27 SECTION 18. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
507507 28 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
508508 29 JANUARY 1, 2023]: Sec. 4. (a) Except as provided in subsection (b),
509509 30 a ballot card voting system must permit a voter to vote:
510510 31 (1) except at a primary election, a straight party ticket for all of
511511 32 the candidates of one (1) political party by a single voting mark
512512 33 on each ballot card;
513513 34 (2) for one (1) or more candidates of each political party or
514514 35 independent candidates, or for one (1) or more school board
515515 36 candidates nominated by petition;
516516 37 (3) a split ticket for the candidates of different political parties
517517 38 and for independent candidates; or
518518 39 (4) a straight party ticket and then split that ticket by casting
519519 40 individual votes for candidates of another political party or
520520 41 independent candidate.
521521 42 (b) A ballot card voting system must require that a voter who wishes
522522 2022 IN 1145—LS 6644/DI 75 13
523523 1 to cast a ballot for a candidate for election to an at-large district to
524524 2 which more than one person may be elected, on a:
525525 3 (1) county council;
526526 4 (2) city common council;
527527 5 (3) town council; or
528528 6 (4) township board; or
529529 7 (5) school board;
530530 8 make a voting mark for each individual candidate for whom the voter
531531 9 wishes to cast a vote. The ballot card voting system may not count any
532532 10 straight party ticket voting mark as a vote for any candidate for an
533533 11 office described by this subsection.
534534 12 (c) A ballot card voting system must permit a voter to vote:
535535 13 (1) for all candidates for presidential electors and alternate
536536 14 presidential electors of a political party or an independent ticket
537537 15 by making a single voting mark; and
538538 16 (2) for or against a public question on which the voter may vote.
539539 17 SECTION 19. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
540540 18 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
541541 19 JANUARY 1, 2023]: Sec. 10. (a) Except as provided in subsection (b),
542542 20 an electronic voting system must permit a voter to vote:
543543 21 (1) except at a primary election, a straight party ticket for all the
544544 22 candidates of one (1) political party by touching the device of that
545545 23 party;
546546 24 (2) for one (1) or more candidates of each political party or
547547 25 independent candidates, or for one (1) or more school board
548548 26 candidates nominated by petition;
549549 27 (3) a split ticket for the candidates of different political parties
550550 28 and for independent candidates; or
551551 29 (4) a straight party ticket and then split that ticket by casting
552552 30 individual votes for candidates of another political party or
553553 31 independent candidates.
554554 32 (b) An electronic voting system must require that a voter who
555555 33 wishes to cast a ballot for a candidate for election to an at-large district
556556 34 to which more than one person may be elected, on a:
557557 35 (1) county council;
558558 36 (2) city common council;
559559 37 (3) town council; or
560560 38 (4) township board; or
561561 39 (5) school board;
562562 40 make a voting mark for each individual candidate for whom the voter
563563 41 wishes to cast a vote. The electronic voting system may not count any
564564 42 straight party ticket voting mark as a vote for any candidate for an
565565 2022 IN 1145—LS 6644/DI 75 14
566566 1 office described by this subsection.
567567 2 (c) An electronic voting system must permit a voter to vote:
568568 3 (1) for as many candidates for an office as the voter may vote for,
569569 4 but no more;
570570 5 (2) for or against a public question on which the voter may vote,
571571 6 but no other; and
572572 7 (3) for all the candidates for presidential electors and alternate
573573 8 presidential electors of a political party or an independent ticket
574574 9 by making a single voting mark.
575575 10 SECTION 20. IC 3-11-13-11, AS AMENDED BY P.L.193-2021,
576576 11 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
577577 12 JANUARY 1, 2023]: Sec. 11. (a) The ballot information, whether
578578 13 placed on the ballot card or on the marking device, must be in the order
579579 14 of arrangement provided for ballots under this section.
580580 15 (b) Each county election board shall have the names of all
581581 16 candidates for all elected offices, political party offices, and public
582582 17 questions printed on a ballot card as provided in this chapter. The
583583 18 county may:
584584 19 (1) print all offices and questions on a single ballot card; and
585585 20 (2) include a ballot variation code to ensure that the proper
586586 21 version of a ballot is used within a precinct.
587587 22 (c) Each type of ballot card must be of uniform size and of the same
588588 23 quality and color of paper (except as permitted under IC 3-10-1-17).
589589 24 (d) The nominees of a political party or an independent candidate
590590 25 or independent ticket (described in IC 3-11-2-6) nominated by
591591 26 petitioners shall be listed on the ballot with the name and device set
592592 27 forth on the certification or petition. The circle containing the device
593593 28 may be of any size that permits a voter to readily identify the device.
594594 29 IC 3-11-2-5 applies if the certification or petition does not include a
595595 30 name or device, or if the same device is selected by two (2) or more
596596 31 parties or petitioners.
597597 32 (e) The offices and public questions on the general election ballot
598598 33 must be placed on the ballot in the order listed in IC 3-11-2-12,
599599 34 IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
600600 35 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
601601 36 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
602602 37 public questions may be listed in a continuous column either vertically
603603 38 or horizontally and on a number of separate pages.
604604 39 (f) The name of each office must be printed in a uniform size in bold
605605 40 type. A statement reading substantially as follows must be placed
606606 41 immediately below the name of the office and above the name of the
607607 42 first candidate:
608608 2022 IN 1145—LS 6644/DI 75 15
609609 1 (1) "Vote for one (1) only.", if only one (1) candidate is to be
610610 2 elected to the office.
611611 3 (2) "Vote for not more than (insert the number of candidates to be
612612 4 elected) candidate(s) for this office. To vote for any candidate for
613613 5 this office, you must make a voting mark for each candidate you
614614 6 wish to vote for. A straight party vote will not count as a vote for
615615 7 any candidate for this office.", if more than one (1) candidate is to
616616 8 be elected to the office.
617617 9 (g) Below the name of the office and the statement required by
618618 10 subsection (f), the names of the candidates for each office must be
619619 11 grouped together in the following order:
620620 12 (1) The major political party whose candidate received the highest
621621 13 number of votes in the county for secretary of state at the last
622622 14 election is listed first.
623623 15 (2) The major political party whose candidate received the second
624624 16 highest number of votes in the county for secretary of state is
625625 17 listed second.
626626 18 (3) All other political parties listed in the order that the parties'
627627 19 candidates for secretary of state finished in the last election are
628628 20 listed after the party listed in subdivision (2).
629629 21 (4) If a political party did not have a candidate for secretary of
630630 22 state in the last election or a nominee is an independent candidate
631631 23 or independent ticket (described in IC 3-11-2-6), the party or
632632 24 candidate is listed after the parties described in subdivisions (1),
633633 25 (2), and (3).
634634 26 (5) If more than one (1) political party or independent candidate
635635 27 or ticket described in subdivision (4) qualifies to be on the ballot,
636636 28 the parties, candidates, or tickets are listed in the order in which
637637 29 the party filed its petition of nomination under IC 3-8-6-12.
638638 30 (6) A space for write-in voting is placed after the candidates listed
639639 31 in subdivisions (1) through (5), if required by law.
640640 32 (7) The name of a write-in candidate may not be listed on the
641641 33 ballot.
642642 34 (h) The names of the candidates grouped in the order established by
643643 35 subsection (g) must be printed in type with uniform capital letters and
644644 36 have a uniform space between each name. The name of the candidate's
645645 37 political party, or the word "Independent" if the:
646646 38 (1) candidate; or
647647 39 (2) ticket of candidates for:
648648 40 (A) President and Vice President of the United States; or
649649 41 (B) governor and lieutenant governor;
650650 42 is independent, must be placed immediately below or beside the name
651651 2022 IN 1145—LS 6644/DI 75 16
652652 1 of the candidate and must be printed in a uniform size and type.
653653 2 (i) All the candidates of the same political party for election to
654654 3 at-large seats on the fiscal or legislative body of a political subdivision
655655 4 must be grouped together:
656656 5 (1) under the name of the office that the candidates are seeking;
657657 6 (2) in the order established by subsection (g); and
658658 7 (3) within the political party, in alphabetical order according to
659659 8 surname.
660660 9 A statement reading substantially as follows must be placed
661661 10 immediately below the name of the office and above the name of the
662662 11 first candidate: "Vote for not more than (insert the number of
663663 12 candidates to be elected) candidate(s) of ANY party for this office.".
664664 13 (j) Candidates for election to at-large seats on the governing body
665665 14 of a school corporation must be grouped:
666666 15 (1) under the name of the office that the candidates are seeking;
667667 16 and
668668 17 (2) in alphabetical order according to surname.
669669 18 A statement reading substantially as follows must be placed
670670 19 immediately below the name of the office and above the name of the
671671 20 first candidate: "Vote for not more than (insert the number of
672672 21 candidates to be elected) candidate(s) for this office.".
673673 22 (k) (j) The following information must be placed at the top of the
674674 23 ballot before the first public question is listed:
675675 24 (1) The cautionary statement described in IC 3-11-2-7.
676676 25 (2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
677677 26 and IC 3-11-2-10(e).
678678 27 (l) (k) The ballot must include a single connectable arrow, circle,
679679 28 oval, or square, or a voting position for voting a straight party or an
680680 29 independent ticket (described in IC 3-11-2-6) by one (1) mark as
681681 30 required by section 14 of this chapter, and the single connectable
682682 31 arrow, circle, oval, or square, or the voting position for casting a
683683 32 straight party or an independent ticket ballot must be identified by:
684684 33 (1) the name of the political party or independent ticket
685685 34 (described in IC 3-11-2-6); and
686686 35 (2) immediately below or beside the political party's or
687687 36 independent ticket's name, the device of that party or ticket
688688 37 (described in IC 3-11-2-5).
689689 38 The name and device of each political party or independent ticket must
690690 39 be of uniform size and type and arranged in the order established by
691691 40 subsection (g) for listing candidates under each office. The instructions
692692 41 described in IC 3-11-2-10(c) for voting a straight party ticket and the
693693 42 statement concerning presidential electors required under IC 3-10-4-3
694694 2022 IN 1145—LS 6644/DI 75 17
695695 1 must be placed on the ballot label. The instructions for voting a straight
696696 2 party ticket must include the statement: "If you do not wish to vote a
697697 3 straight party ticket, do not make a mark in this section and proceed to
698698 4 voting the ballot by office.".
699699 5 (m) (l) A public question must be in the form described in
700700 6 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
701701 7 arrow, a circle, or an oval may be used instead of a square. Except as
702702 8 expressly authorized or required by statute, a county election board
703703 9 may not print a ballot card that contains language concerning the public
704704 10 question other than the language authorized by a statute.
705705 11 (n) (m) The requirements in this section:
706706 12 (1) do not replace; and
707707 13 (2) are in addition to;
708708 14 any other requirements in this title that apply to optical scan ballots.
709709 15 (o) (n) The procedure described in IC 3-11-2-16 must be used when
710710 16 a ballot does not comply with the requirements imposed by this title or
711711 17 contains another error or omission that might result in confusion or
712712 18 mistakes by voters.
713713 19 (p) (o) This subsection applies to an optical scan ballot that does not
714714 20 list:
715715 21 (1) the names of political parties or candidates; or
716716 22 (2) the text of public questions;
717717 23 on the face of the ballot. The ballot must be prepared in accordance
718718 24 with this section, except that the ballot must include a numbered circle
719719 25 or oval to refer to each political party, candidate, or public question.
720720 26 SECTION 21. IC 3-11-14-3.5, AS AMENDED BY P.L.193-2021,
721721 27 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
722722 28 JANUARY 1, 2023]: Sec. 3.5. (a) Each county election board shall
723723 29 have the names of all candidates for all elected offices, political party
724724 30 offices, and public questions printed on ballot labels for use in an
725725 31 electronic voting system as provided in this chapter.
726726 32 (b) The county may:
727727 33 (1) print all offices and public questions on a single ballot label;
728728 34 and
729729 35 (2) include a ballot variation code to ensure that the proper
730730 36 version of a ballot label is used within a precinct.
731731 37 (c) Each type of ballot label must be of uniform size and of the same
732732 38 quality and color of paper (except as permitted under IC 3-10-1-17).
733733 39 (d) The nominees of a political party or an independent candidate
734734 40 or independent ticket (described in IC 3-11-2-6) nominated by
735735 41 petitioners must be listed on the ballot label with the name and device
736736 42 set forth on the certification or petition. The circle containing the
737737 2022 IN 1145—LS 6644/DI 75 18
738738 1 device may be of any size that permits a voter to readily identify the
739739 2 device. IC 3-11-2-5 applies if the certification or petition does not
740740 3 include a name or device, or if the same device is selected by two (2)
741741 4 or more parties or petitioners.
742742 5 (e) The ballot labels must list the offices and public questions on the
743743 6 general election ballot in the order listed in IC 3-11-2-12,
744744 7 IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
745745 8 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
746746 9 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
747747 10 public question may have a separate screen, or the offices and public
748748 11 questions may be listed in a continuous column either vertically or
749749 12 horizontally.
750750 13 (f) The name of each office must be printed in a uniform size in bold
751751 14 type. A statement reading substantially as follows must be placed
752752 15 immediately below the name of the office and above the name of the
753753 16 first candidate:
754754 17 (1) "Vote for one (1) only.", if only one (1) candidate is to be
755755 18 elected to the office.
756756 19 (2) "Vote for not more than (insert the number of candidates to be
757757 20 elected) candidate(s) for this office. To vote for any candidate for
758758 21 this office, you must make a voting mark for each candidate you
759759 22 wish to vote for. A straight party vote will not count as a vote for
760760 23 any candidate for this office.", if more than one (1) candidate is to
761761 24 be elected to the office.
762762 25 (g) Below the name of the office and the statement required by
763763 26 subsection (f), the names of the candidates for each office must be
764764 27 grouped together in the following order:
765765 28 (1) The major political party whose candidate received the highest
766766 29 number of votes in the county for secretary of state at the last
767767 30 election is listed first.
768768 31 (2) The major political party whose candidate received the second
769769 32 highest number of votes in the county for secretary of state is
770770 33 listed second.
771771 34 (3) All other political parties listed in the order that the parties'
772772 35 candidates for secretary of state finished in the last election are
773773 36 listed after the party listed in subdivision (2).
774774 37 (4) If a political party did not have a candidate for secretary of
775775 38 state in the last election or a nominee is an independent candidate
776776 39 or independent ticket (described in IC 3-11-2-6), the party or
777777 40 candidate is listed after the parties described in subdivisions (1),
778778 41 (2), and (3).
779779 42 (5) If more than one (1) political party or independent candidate
780780 2022 IN 1145—LS 6644/DI 75 19
781781 1 or ticket described in subdivision (4) qualifies to be on the ballot,
782782 2 the parties, candidates, or tickets are listed in the order in which
783783 3 the party filed its petition of nomination under IC 3-8-6-12.
784784 4 (6) A space for write-in voting is placed after the candidates listed
785785 5 in subdivisions (1) through (5), if required by law. A space for
786786 6 write-in voting for an office is not required if there are no
787787 7 declared write-in candidates for that office. However, procedures
788788 8 must be implemented to permit write-in voting for candidates for
789789 9 federal offices.
790790 10 (7) The name of a write-in candidate may not be listed on the
791791 11 ballot.
792792 12 (h) The names of the candidates grouped in the order established by
793793 13 subsection (g) must be printed in type with uniform capital letters and
794794 14 have a uniform space between each name. The name of the candidate's
795795 15 political party, or the word "Independent", if the:
796796 16 (1) candidate; or
797797 17 (2) ticket of candidates for:
798798 18 (A) President and Vice President of the United States; or
799799 19 (B) governor and lieutenant governor;
800800 20 is independent, must be placed immediately below or beside the name
801801 21 of the candidate and must be printed in uniform size and type.
802802 22 (i) All the candidates of the same political party for election to
803803 23 at-large seats on the fiscal or legislative body of a political subdivision
804804 24 must be grouped together:
805805 25 (1) under the name of the office that the candidates are seeking;
806806 26 (2) in the party order established by subsection (g); and
807807 27 (3) within the political party, in alphabetical order according to
808808 28 surname.
809809 29 A statement reading substantially as follows must be placed
810810 30 immediately below the name of the office and above the name of the
811811 31 first candidate: "Vote for not more than (insert the number of
812812 32 candidates to be elected) candidate(s) of ANY party for this office.".
813813 33 (j) Candidates for election to at-large seats on the governing body
814814 34 of a school corporation must be grouped:
815815 35 (1) under the name of the office that the candidates are seeking;
816816 36 and
817817 37 (2) in alphabetical order according to surname.
818818 38 A statement reading substantially as follows must be placed
819819 39 immediately below the name of the office and above the name of the
820820 40 first candidate: "Vote for not more than (insert the number of
821821 41 candidates to be elected) candidate(s) for this office.".
822822 42 (k) (j) The cautionary statement described in IC 3-11-2-7 must be
823823 2022 IN 1145—LS 6644/DI 75 20
824824 1 placed at the top or beginning of the ballot label before the first public
825825 2 question is listed.
826826 3 (l) (k) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
827827 4 and IC 3-11-2-10(e) may be:
828828 5 (1) placed on the ballot label; or
829829 6 (2) posted in a location within the voting booth that permits the
830830 7 voter to easily read the instructions.
831831 8 (m) (l) Except as provided in section 14.5 of this chapter, the ballot
832832 9 label must include a touch sensitive point or button for voting a straight
833833 10 political party or independent ticket (described in IC 3-11-2-6) by one
834834 11 (1) touch, and the touch sensitive point or button must be identified by:
835835 12 (1) the name of the political party or independent ticket; and
836836 13 (2) immediately below or beside the political party's or
837837 14 independent ticket's name, the device of that party or ticket
838838 15 (described in IC 3-11-2-5).
839839 16 The name and device of each party or ticket must be of uniform size
840840 17 and type, and arranged in the order established by subsection (g) for
841841 18 listing candidates under each office. The instructions described in
842842 19 IC 3-11-2-10(c) for voting a straight party ticket and the statement
843843 20 concerning presidential electors required under IC 3-10-4-3 must be
844844 21 placed on the ballot label. The instructions for voting a straight party
845845 22 ticket must include the statement: "If you do not wish to vote a straight
846846 23 party ticket, press "NEXT" (or replace "NEXT" with the term used by
847847 24 that voting system to permit a voter to skip a ballot screen) to continue
848848 25 voting.".
849849 26 (n) (m) A public question must be in the form described in
850850 27 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
851851 28 point or button must be used instead of a square. Except as expressly
852852 29 authorized or required by statute, a county election board may not print
853853 30 a ballot label that contains language concerning the public question
854854 31 other than the language authorized by a statute.
855855 32 (o) (n) The requirements in this section:
856856 33 (1) do not replace; and
857857 34 (2) are in addition to;
858858 35 any other requirements in this title that apply to ballots for electronic
859859 36 voting systems.
860860 37 (p) (o) The procedure described in IC 3-11-2-16 must be used when
861861 38 a ballot label does not comply with the requirements imposed by this
862862 39 title or contains another error or omission that might result in confusion
863863 40 or mistakes by voters.
864864 41 SECTION 22. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
865865 42 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
866866 2022 IN 1145—LS 6644/DI 75 21
867867 1 JANUARY 1, 2023]: Sec. 7. (a) This subsection applies whenever a
868868 2 voter:
869869 3 (1) votes a straight party ticket; and
870870 4 (2) votes only for one (1) or more individual candidates who are
871871 5 all of the same political party as the straight ticket vote.
872872 6 Except as provided in subsection (d) or (e), the straight ticket vote shall
873873 7 be counted and the individual candidate votes may not be counted.
874874 8 (b) This subsection applies whenever:
875875 9 (1) a voter has voted a straight party ticket for the candidates of
876876 10 one (1) political party;
877877 11 (2) only one (1) person may be elected to an office; and
878878 12 (3) the voter has voted for one (1) individual candidate for the
879879 13 office described in subdivision (2) who is:
880880 14 (A) a candidate of a political party other than the party for
881881 15 which the voter voted a straight ticket; or
882882 16 (B) an independent candidate or declared write-in candidate
883883 17 for the office.
884884 18 If the voter has voted for one (1) individual candidate for the office
885885 19 described in subdivision (2), the individual candidate vote for that
886886 20 office shall be counted, the straight party ticket vote for that office may
887887 21 not be counted, and the straight party ticket votes for other offices on
888888 22 the ballot shall be counted.
889889 23 (c) This subsection applies whenever:
890890 24 (1) a voter has voted a straight party ticket for the candidates of
891891 25 one (1) political party; and
892892 26 (2) the voter has voted for more individual candidates for the
893893 27 office than the number of persons to be elected to that office.
894894 28 The individual candidate votes for that office may not be counted, the
895895 29 straight party ticket vote for that office may not be counted, and the
896896 30 straight party ticket votes for other offices on the ballot shall be
897897 31 counted.
898898 32 (d) This subsection applies whenever:
899899 33 (1) a voter has voted a straight party ticket for the candidates of
900900 34 one (1) political party;
901901 35 (2) more than one (1) person may be elected to an office; and
902902 36 (3) the voter has voted for individual candidates for the office
903903 37 described in subdivision (2) who are:
904904 38 (A) independent candidates or declared write-in candidates;
905905 39 (B) candidates of a political party other than the political party
906906 40 for which the voter cast a straight party ticket under
907907 41 subdivision (1); or
908908 42 (C) a combination of candidates described in clauses (A) and
909909 2022 IN 1145—LS 6644/DI 75 22
910910 1 (B).
911911 2 The individual votes cast by the voter for the office for the independent
912912 3 candidates, declared write-in candidates, and the candidates of a
913913 4 political party other than the political party for which the voter cast a
914914 5 straight party ticket shall be counted unless the total number of these
915915 6 individual votes is greater than the number of persons to be elected to
916916 7 the office. The straight party ticket votes for the office shall not be
917917 8 counted. The straight party ticket votes for other offices on the voter's
918918 9 ballot shall be counted.
919919 10 (e) This subsection applies whenever:
920920 11 (1) a voter has voted a straight party ticket for the candidates of
921921 12 one (1) political party;
922922 13 (2) more than one (1) person may be elected to an office; and
923923 14 (3) the voter has voted for individual candidates for the office
924924 15 described in subdivision (2) who are:
925925 16 (A) independent candidates, declared write-in candidates, or
926926 17 candidates of a political party other than the political party for
927927 18 which the voter cast a straight party ticket under subdivision
928928 19 (1); and
929929 20 (B) candidates of the same political party for which the voter
930930 21 cast a straight party ticket under subdivision (1).
931931 22 The individual votes cast by the voter for the office for the independent
932932 23 candidates, the declared write-in candidates, and the candidates of a
933933 24 political party other than the political party for which the voter cast a
934934 25 straight party ticket, and the candidates of the political party for which
935935 26 the voter cast a straight party ticket shall be counted unless the total
936936 27 number of these individual votes is greater than the number of persons
937937 28 to be elected to the office. The straight party ticket votes for the office
938938 29 shall not be counted. The straight party ticket votes for other offices on
939939 30 the voter's ballot shall be counted.
940940 31 (f) If a voter votes a straight party ticket for more than one (1)
941941 32 political party, the whole ballot is void with regard to all candidates
942942 33 nominated by a political party, declared write-in candidates, or
943943 34 candidates designated as independent candidates on the ballot.
944944 35 However, the voter's vote for a school board candidate or on a public
945945 36 question shall be counted if otherwise valid under this chapter.
946946 37 (g) If a voter does not vote a straight party ticket and the number of
947947 38 votes cast by that voter for the candidates for an office are less than or
948948 39 equal to the number of openings for that office, the individual
949949 40 candidates votes shall be counted.
950950 41 (h) If a voter does not vote a straight party ticket and the number of
951951 42 votes cast by that voter for an office exceeds the number of openings
952952 2022 IN 1145—LS 6644/DI 75 23
953953 1 for that office, none of the votes concerning that office may be counted.
954954 2 SECTION 23. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
955955 3 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
956956 4 JANUARY 1, 2023]: Sec. 3. Whenever a circuit court clerk receives
957957 5 certification that a tie vote at an election for a local office or a school
958958 6 board office occurred, the clerk shall immediately send a written notice
959959 7 of the tie vote to the following:
960960 8 (1) If the tie vote occurred in an election for a local office, the
961961 9 fiscal body of the affected political subdivision. or
962962 10 (2) If the tie vote occurred in an election for a circuit office in a
963963 11 circuit that includes more than one county, to the fiscal body of
964964 12 each county of the circuit.
965965 13 (3) If the tie vote occurred in an election for a school board
966966 14 office, the school board of the affected school corporation.
967967 15 SECTION 24. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
968968 16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
969969 17 JANUARY 1, 2023]: Sec. 4. (a) This section does not apply if a tie
970970 18 vote occurred in an election for a school board office.
971971 19 (a) (b) The fiscal body of a political subdivision that receives notice
972972 20 under section 3 of this chapter shall resolve the tie vote by electing a
973973 21 person to fill the office not later than December 31 following the
974974 22 election at which the tie vote occurred. The fiscal body shall select one
975975 23 (1) of the candidates who was involved in the tie vote to fill the office.
976976 24 (b) (c) If a tie vote has occurred in an election for a circuit office in
977977 25 a circuit that contains more than one (1) county, the fiscal bodies of the
978978 26 counties shall meet in joint session at the county seat of the county that
979979 27 contains the greatest percentage of population of the circuit to select
980980 28 one (1) of the candidates who was involved in the tie vote in order to
981981 29 fill the office in accordance with this section.
982982 30 (c) (d) If a tie vote has occurred for the election of more than one (1)
983983 31 at-large seat on a legislative or fiscal body, the fiscal body shall select
984984 32 the number of individuals necessary to fill each of the at-large seats for
985985 33 which the tie vote occurred. However, a member of a fiscal body who
986986 34 runs for reelection and is involved in a tie vote may not cast a vote
987987 35 under this section.
988988 36 (d) (e) The executive of the political subdivision (other than a town
989989 37 or a school corporation) may cast the deciding vote to break a tie vote
990990 38 in a fiscal body acting under this section. The clerk-treasurer of the
991991 39 town may cast the deciding vote to break a tie vote in a town fiscal
992992 40 body acting under this section. A tie vote in the fiscal body of a school
993993 41 corporation under this section shall be broken under IC 20-23.
994994 42 SECTION 25. IC 3-12-9-5 IS AMENDED TO READ AS
995995 2022 IN 1145—LS 6644/DI 75 24
996996 1 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 5. Whenever a tie
997997 2 vote at an election for:
998998 3 (1) a state office; or
999999 4 (2) a local office; or
10001000 5 (3) a school board office;
10011001 6 occurs, the incumbent public official remains in office in accordance
10021002 7 with Article 15, Section 3 of the Constitution of the State of Indiana
10031003 8 until a successor is elected under this chapter and qualified.
10041004 9 SECTION 26. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
10051005 10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
10061006 11 JANUARY 1, 2023]:
10071007 12 Chapter 10.5. School Corporation Governing Body; Resolving
10081008 13 Tie Votes; Filling Vacancies
10091009 14 Sec. 1. As used in this chapter, "governing body" refers to either
10101010 15 of the following:
10111011 16 (1) The governing body of a school corporation.
10121012 17 (2) The school advisory body of a school corporation.
10131013 18 Sec. 2. (a) This section applies if the governing body receives
10141014 19 notice under IC 3-12-9-3 that a tie vote has occurred in the election
10151015 20 of a member of the governing body.
10161016 21 (b) If a tie vote occurs at an election for a member of the
10171017 22 governing body and one (1) of the candidates involved in the tie
10181018 23 vote is an incumbent member of the governing body, the incumbent
10191019 24 member remains in office in accordance with Article 15, Section 3
10201020 25 of the Constitution of the State of Indiana until a successor is
10211021 26 elected and qualified as provided in this section.
10221022 27 (c) The members of the governing body shall resolve the tie vote
10231023 28 by electing one (1) individual from among the candidates who was
10241024 29 involved in the tie vote to fill the office.
10251025 30 (d) If a tie vote has occurred for the election of more than one
10261026 31 (1) at-large seat on the governing body, the governing body shall
10271027 32 select the number of individuals necessary to fill each of the
10281028 33 at-large seats for which the tie vote occurred from among the
10291029 34 candidates who were involved in the tie vote.
10301030 35 (e) If a member of the governing body is one (1) of the
10311031 36 candidates involved in the tie vote, that member may not cast a
10321032 37 vote under this section.
10331033 38 (f) The governing body shall act under this section not later than
10341034 39 December 31 following the election at which the tie vote occurred.
10351035 40 Sec. 3. (a) A vacancy on the governing body in an office that was
10361036 41 last held by an individual elected or selected as a candidate of a
10371037 42 major political party of Indiana shall be filled by a caucus under
10381038 2022 IN 1145—LS 6644/DI 75 25
10391039 1 IC 3-13-11.
10401040 2 (b) A vacancy on the governing body in an office that was last
10411041 3 held by an individual elected as a candidate other than as a
10421042 4 candidate of a major political party of Indiana shall be filled as
10431043 5 provided in IC 20-26-4.
10441044 6 SECTION 27. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
10451045 7 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10461046 8 JANUARY 1, 2023]: Sec. 29.1. (a) This section applies to each school
10471047 9 corporation.
10481048 10 (b) If a plan provides for election of members of the governing
10491049 11 body, the members of the governing body shall be elected at a general
10501050 12 election. Each candidate must file a petition of nomination in
10511051 13 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
10521052 14 (10) registered voters residing within the boundaries of the community
10531053 15 school corporation. The filing must be made within the time specified
10541054 16 by IC 3-8-2.5-4. The following applies to the election of members of
10551055 17 the governing body:
10561056 18 (1) The plan determines whether members are elected:
10571057 19 (A) by all the voters of the school corporation;
10581058 20 (B) by all the voters of the school corporation from
10591059 21 residence districts; or
10601060 22 (C) solely by the voters of each election district established
10611061 23 under the plan.
10621062 24 (2) IC 3 governs the nomination and election of members of
10631063 25 the governing body. A candidate must be nominated as
10641064 26 provided in IC 3-8-2 or IC 3-8-6, whichever is applicable to
10651065 27 the particular candidate.
10661066 28 (c) All nominations shall be listed for each office in the form
10671067 29 prescribed by IC 3-11-2, but without party designation. Voting and
10681068 30 tabulation of votes shall be conducted in the same manner as voting
10691069 31 and tabulation in general elections are conducted. The precinct election
10701070 32 boards serving in each county shall conduct the election for members
10711071 33 of the governing body. If a school corporation is located in more than
10721072 34 one (1) county, each county election board shall print the ballots
10731073 35 required for voters in that county to vote for candidates for members of
10741074 36 the governing body.
10751075 37 (d) If the plan provides that the members of the governing body
10761076 38 shall be elected by all the voters of the community school corporation,
10771077 39 candidates shall be placed on the ballot in the form prescribed by
10781078 40 IC 3-11-2, without party designation. The candidates who receive the
10791079 41 most votes are elected.
10801080 42 (e) If the plan provides that members of the governing body are to
10811081 2022 IN 1145—LS 6644/DI 75 26
10821082 1 be elected from residence districts by all voters in the community
10831083 2 school corporation, nominees for the governing body shall be placed on
10841084 3 the ballot in the form prescribed by IC 3-11-2, by residence districts,
10851085 4 without party designation. The ballot must state the number of
10861086 5 members to be voted on and the maximum number of members that
10871087 6 may be elected from each residence district as provided in the plan. A
10881088 7 ballot is not valid if more than the maximum number of members are
10891089 8 voted on from a board member residence district. The candidates who
10901090 9 receive the most votes are elected. However, if more than the
10911091 10 maximum number that may be elected from a residence district are
10921092 11 among those receiving the most votes, the candidates from the
10931093 12 residence districts exceeding the maximum number who receive the
10941094 13 fewest votes shall be eliminated in determining the candidates who are
10951095 14 elected.
10961096 15 (f) If the plan provides that members of the governing body are to
10971097 16 be elected from electoral districts solely by the voters of each district,
10981098 17 nominees residing in each electoral district shall be placed on the ballot
10991099 18 in the form prescribed by IC 3-11-2, without party designation. The
11001100 19 ballot must state the number of members to be voted on from the
11011101 20 electoral district. The candidates residing in the electoral district who
11021102 21 receive the most votes are elected.
11031103 22 SECTION 28. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
11041104 23 SECTION 102, IS AMENDED TO READ AS FOLLOWS
11051105 24 [EFFECTIVE JANUARY 1, 2023]: Sec. 30. (a) This section applies to
11061106 25 each school corporation.
11071107 26 (b) If a tie vote occurs among any of the candidates, the tie vote
11081108 27 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
11091109 28 (c) If after the first governing body takes office, fewer candidates
11101110 29 have been elected to the school board than there were members to be
11111111 30 elected, the governing body shall determine not later than noon
11121112 31 December 31 following the election which incumbent member or
11131113 32 members continue to hold office under Article 15, Section 3 of the
11141114 33 Constitution of the State of Indiana until a successor is elected and
11151115 34 qualified. However,
11161116 35 (d) If there is a vacancy on the governing body, whether the
11171117 36 vacating member was elected or appointed, the remaining members of
11181118 37 the governing body, whether or not a majority of the governing body,
11191119 38 shall by a majority vote fill the vacancy by appointing a person from
11201120 39 within the boundaries of the community school corporation to serve for
11211121 40 the term or balance of the term. An individual appointed under this
11221122 41 subsection must possess the qualifications provided for a regularly
11231123 42 elected or appointed governing body member filling the office. If:
11241124 2022 IN 1145—LS 6644/DI 75 27
11251125 1 (1) a tie vote occurs among the members of the governing body
11261126 2 under this subsection or IC 3-12-9-4; or
11271127 3 (2) the governing body fails to act within thirty (30) days after any
11281128 4 vacancy occurs;
11291129 5 the judge of the circuit court in the county where the majority of
11301130 6 registered voters of the school corporation reside shall make the
11311131 7 appointment. the vacancy shall be filled as provided in
11321132 8 IC 3-13-10.5-3.
11331133 9 (d) (e) A vacancy in the governing body occurs if a member ceases
11341134 10 to be a resident of any the community school corporation. A vacancy
11351135 11 does not occur when the member moves from a district of the school
11361136 12 corporation from which the member was elected or appointed if the
11371137 13 member continues to be a resident of the school corporation.
11381138 14 (e) (f) At the first general election in which members of the
11391139 15 governing body are elected:
11401140 16 (1) a simple majority of the candidates elected as members of the
11411141 17 governing body who receive the greatest number of votes shall be
11421142 18 elected for four (4) year terms; and
11431143 19 (2) the balance of the candidates elected as members of the
11441144 20 governing body receiving the next greatest number of votes shall
11451145 21 be elected for two (2) year terms.
11461146 22 Thereafter, all school board members shall be elected for four (4) year
11471147 23 terms.
11481148 24 (f) (g) Elected governing body members take office and assume
11491149 25 their duties on the date set in the school corporation's organization plan.
11501150 26 The date set in the organization plan for an elected member of the
11511151 27 governing body to take office may not be more than fourteen (14)
11521152 28 months after the date of the member's election. If the school
11531153 29 corporation's organization plan does not set a date for an elected
11541154 30 member of the governing body to take office, the member takes office
11551155 31 January 1 immediately after the member's election.
11561156 32 SECTION 29. IC 20-23-4-35, AS AMENDED BY P.L.271-2013,
11571157 33 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11581158 34 JANUARY 1, 2023]: Sec. 35. (a) The governing body of a school
11591159 35 corporation may be organized under this section.
11601160 36 (b) The governing body consists of seven (7) members, elected as
11611161 37 follows:
11621162 38 (1) Four (4) members elected from districts, with one (1) member
11631163 39 serving from each election district. A member elected under this
11641164 40 subdivision must be:
11651165 41 (A) a resident of the election district from which the member
11661166 42 is elected; and
11671167 2022 IN 1145—LS 6644/DI 75 28
11681168 1 (B) voted upon by only the registered voters residing within
11691169 2 the election district and voting at a governing body election.
11701170 3 (2) Three (3) members, who are voted upon by all the registered
11711171 4 voters residing within the school corporation and voting at a
11721172 5 governing body election, elected under this subdivision. The
11731173 6 governing body shall establish three (3) residential districts as
11741174 7 follows:
11751175 8 (A) One (1) residential district must be the township that has
11761176 9 the greatest population within the school corporation.
11771177 10 (B) Two (2) residential districts must divide the remaining
11781178 11 area within the school corporation.
11791179 12 Only one (1) member who resides within a particular residential
11801180 13 district established under this subdivision may serve on the
11811181 14 governing body at a time.
11821182 15 (c) A member of the governing body who is:
11831183 16 (1) elected from an election or a residential district; or
11841184 17 (2) appointed to fill a vacancy from an election or a residential
11851185 18 district;
11861186 19 must reside within the boundaries of the district the member represents.
11871187 20 (d) A vacancy on the governing body shall be filled by the
11881188 21 governing body as soon as practicable after the vacancy occurs. A
11891189 22 member chosen by the governing body to fill a vacancy holds office for
11901190 23 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
11911191 24 (e) The members of the governing body serving at the time a plan
11921192 25 is amended under this section shall establish the election and
11931193 26 residential districts described in subsection (b).
11941194 27 (f) The election districts described in subsection (b)(1):
11951195 28 (1) shall be drawn on the basis of precinct lines;
11961196 29 (2) may not cross precinct lines; and
11971197 30 (3) as nearly as practicable, be of equal population, with the
11981198 31 population of the largest exceeding the population of the smallest
11991199 32 by not more than fifteen percent (15%).
12001200 33 (g) The residential districts described in subsection (b)(2) may:
12011201 34 (1) be drawn in any manner considered appropriate by the
12021202 35 governing body; and
12031203 36 (2) be drawn along township lines.
12041204 37 (h) The governing body shall certify the districts that are established
12051205 38 under subsections (f) and (g), amended under subsection (e), or
12061206 39 recertified under section 35.5 of this chapter to:
12071207 40 (1) the state board; and
12081208 41 (2) the circuit court clerk of each county in which the school
12091209 42 corporation is located as provided in section 35.5 of this chapter.
12101210 2022 IN 1145—LS 6644/DI 75 29
12111211 1 (i) The governing body shall designate:
12121212 2 (1) three (3) of the districts established under this section to be
12131213 3 elected at the first school board election that occurs after the
12141214 4 effective date of the plan; and
12151215 5 (2) the remaining four (4) districts to be elected at the second
12161216 6 school board election that occurs after the effective date of the
12171217 7 plan.
12181218 8 (j) The limitations set forth in this section are part of the plan, but
12191219 9 do not have to be specifically set forth in the plan. The plan must be
12201220 10 construed, if possible, to comply with this chapter. If a provision of the
12211221 11 plan or an application of the plan violates this chapter, the invalidity
12221222 12 does not affect the other provisions or applications of the plan that can
12231223 13 be given effect without the invalid provision or application. The
12241224 14 provisions of the plan are severable.
12251225 15 (k) If a conflict exists between:
12261226 16 (1) a map showing the boundaries of a district; and
12271227 17 (2) a description of the boundaries of that district set forth in the
12281228 18 plan or plan amendment;
12291229 19 the district boundaries are the description of the boundaries set forth in
12301230 20 the plan or plan amendment, not the boundaries shown on the map, to
12311231 21 the extent there is a conflict between the description and the map.
12321232 22 SECTION 30. IC 20-23-4-44, AS AMENDED BY P.L.119-2012,
12331233 23 SECTION 145, IS AMENDED TO READ AS FOLLOWS
12341234 24 [EFFECTIVE JANUARY 1, 2023]: Sec. 44. (a) This section applies
12351235 25 only to a school corporation with territory in a county having a
12361236 26 population of more than one hundred seventy thousand (170,000) but
12371237 27 less than one hundred seventy-five thousand (175,000).
12381238 28 (b) This section applies If there is a
12391239 29 (1) tie vote in an election for a member of the governing body of
12401240 30 a school corporation, or
12411241 31 (2) vacancy on the governing body of a school corporation.
12421242 32 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
12431243 33 (c) Notwithstanding any other law, If a tie vote occurs among any
12441244 34 of the candidates for the governing body or a vacancy occurs on the
12451245 35 governing body, the remaining members of the governing body, even
12461246 36 if the remaining members do not constitute a majority of the governing
12471247 37 body, shall by a majority vote of the remaining members.
12481248 38 (1) select one (1) of the candidates who shall be declared and
12491249 39 certified elected; or
12501250 40 (2) fill the vacancy by appointing an individual to fill the vacancy.
12511251 41 the vacancy shall be filled as provided in IC 3-13-10.5-3.
12521252 42 (d) An individual appointed to fill a vacancy under subsection
12531253 2022 IN 1145—LS 6644/DI 75 30
12541254 1 (c)(2):
12551255 2 (1) must satisfy all the qualifications required of a member of the
12561256 3 governing body; and
12571257 4 (2) shall fill the remainder of the unexpired term of the vacating
12581258 5 member.
12591259 6 (e) If a tie vote occurs among the remaining members of the
12601260 7 governing body or the governing body fails to act within thirty (30)
12611261 8 days after the election or the vacancy occurs, the fiscal body (as
12621262 9 defined in IC 3-5-2-25) of the township in which the greatest
12631263 10 percentage of population of the school district resides shall break the
12641264 11 tie or make the appointment. A member of the fiscal body who was a
12651265 12 candidate and is involved in a tie vote may not cast a vote under this
12661266 13 subsection.
12671267 14 (f) If the fiscal body of a township is required to act under this
12681268 15 section and a vote in the fiscal body results in a tie, the deciding vote
12691269 16 to break the tie vote shall be cast by the executive.
12701270 17 SECTION 31. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
12711271 18 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12721272 19 JANUARY 1, 2023]: Sec. 8.1. (a) The registered voters of the
12731273 20 metropolitan school district shall elect the members of the metropolitan
12741274 21 board of education at general elections held biennially, beginning with
12751275 22 the next general election that is held more than sixty (60) days after the
12761276 23 creation of the metropolitan school district as provided in this chapter.
12771277 24 (b) Each nominee for the board must file a petition of nomination
12781278 25 signed by the nominee and by ten (10) registered voters residing in the
12791279 26 same board member district as the nominee. The petition must be filed
12801280 27 in accordance with IC 3-8-2.5 with the circuit court clerk of each
12811281 28 county in which the metropolitan school district is located.
12821282 29 (c) Nominees for the board shall be listed on the general election
12831283 30 ballot:
12841284 31 (1) in the form prescribed by IC 3-11-2;
12851285 32 (2) by board member districts; and
12861286 33 (3) without party designation.
12871287 34 The ballot must state the number of board members to be voted on and
12881288 35 the maximum number of members that may be elected from each board
12891289 36 member district as provided under section 5 of this chapter. A ballot
12901290 37 that contains more votes than the maximum number allowed from a
12911291 38 board member district is invalid.
12921292 39 (d) The precinct election boards in each county serving at the
12931293 40 general election shall conduct the election for school board members.
12941294 41 (e) Voting and tabulation of votes shall be conducted in accordance
12951295 42 with IC 3, and the candidates who receive the most votes are elected to
12961296 2022 IN 1145—LS 6644/DI 75 31
12971297 1 the board.
12981298 2 (f) If there are more candidates from a particular board member
12991299 3 district than may be elected from the board member district under
13001300 4 section 5 of this chapter:
13011301 5 (1) the number of candidates elected is the greatest number that
13021302 6 may be elected from the board member district;
13031303 7 (2) the candidates elected are those who, among the candidates
13041304 8 from the board member district, receive the most votes; and
13051305 9 (3) the other candidates from the board member district are
13061306 10 eliminated.
13071307 11 (b) IC 3 governs the nomination and election of candidates. A
13081308 12 candidate must be nominated as provided in IC 3-8-2 or IC 3-8-6,
13091309 13 whichever is applicable to the particular candidate.
13101310 14 (g) (c) If there is a tie vote among the candidates for the board, the
13111311 15 judge of the circuit court in the county where the majority of the
13121312 16 registered voters of the metropolitan school district reside shall select
13131313 17 one (1) of the candidates who shall be declared and certified elected.
13141314 18 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
13151315 19 (h) (d) If, at any time after the first board member election, A
13161316 20 vacancy on the board that occurs for any reason including an
13171317 21 insufficient number of petitions for candidates being filed, and
13181318 22 regardless of whether the vacating member was elected or appointed,
13191319 23 the remaining members of the board, whether or not a majority of the
13201320 24 board, shall by a majority vote fill the vacancy by:
13211321 25 (1) appointing a person from the board member district from
13221322 26 which the person who vacated the board was elected; or
13231323 27 (2) if the person was appointed, appointing a person from the
13241324 28 board member district from which the last elected predecessor of
13251325 29 the person was elected.
13261326 30 If a majority of the remaining members of the board is unable to agree
13271327 31 or the board fails to act within thirty (30) days after a vacancy occurs,
13281328 32 the judge of the circuit court in the county where the majority of
13291329 33 registered voters of the metropolitan school district reside shall make
13301330 34 the appointment. shall be filled as provided in IC 3-13-10.5-3.
13311331 35 (i) At a general election held on the earlier of:
13321332 36 (1) more than sixty (60) days after an elected board member
13331333 37 vacates membership on the board; or
13341334 38 (2) immediately before the end of the term for which the vacating
13351335 39 member was elected;
13361336 40 a successor to a board member appointed under subsection (h) shall be
13371337 41 elected. Unless the successor takes office at the end of the term of the
13381338 42 vacating member, the member shall serve only for the balance of the
13391339 2022 IN 1145—LS 6644/DI 75 32
13401340 1 vacating member's term. In an election for a successor board member
13411341 2 to fill a vacancy for a two (2) year balance of a term, candidates for
13421342 3 board membership need not file for or with reference to the vacancy.
13431343 4 However, as required by IC 3-11-2, candidates for at-large seats must
13441344 5 be distinguished on the ballot from candidates for district seats. If there
13451345 6 is more than one (1) at-large seat on the ballot due to this vacancy, the
13461346 7 elected candidate who receives the fewest votes at the election at which
13471347 8 the successor is elected shall serve for a two (2) year term.
13481348 9 (j) (e) At the first general election where members of the board are
13491349 10 elected under this section, the elected candidates who constitute a
13501350 11 simple majority of the elected candidates and who receive the most
13511351 12 votes shall be elected for four (4) year terms, and the other elected
13521352 13 candidates shall be elected for two (2) year terms.
13531353 14 (k) (f) Board members shall be elected for four (4) year terms after
13541354 15 the first election and shall take office on the date set in the school
13551355 16 corporation's organization plan. The date set in the organization plan
13561356 17 for an elected member of the governing body to take office may not be
13571357 18 more than fourteen (14) months after the date of the member's election.
13581358 19 If the school corporation's organization plan does not set a date for an
13591359 20 elected member of the governing body to take office, the member takes
13601360 21 office January 1 immediately following the member's election.
13611361 22 SECTION 32. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
13621362 23 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13631363 24 JANUARY 1, 2023]: Sec. 8. (a) The board members of a merged
13641364 25 school corporation shall be elected at the first general election
13651365 26 following the merged school corporation's creation, and vacancies shall
13661366 27 be filled in accordance with IC 20-23-4-30. IC 3-13-10.5-3.
13671367 28 (b) Until the first election under subsection (a), the board of trustees
13681368 29 of the merged school corporation consists of the members of the
13691369 30 governing body of a school corporation in the county.
13701370 31 (c) The first board of trustees shall select the name of the merged
13711371 32 school corporation by a majority vote. The name may be changed by
13721372 33 unanimous vote of the governing body of the merged school
13731373 34 corporation.
13741374 35 SECTION 33. IC 20-23-12-3, AS AMENDED BY
13751375 36 P.L.213-2018(ss), SECTION 16, IS AMENDED TO READ AS
13761376 37 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 3. (a) The
13771377 38 emergency manager appointed by the distressed unit appeal board
13781378 39 under IC 6-1.1-20.3 shall act as the governing body of the school
13791379 40 corporation and has the powers set forth in IC 6-1.1-20.3-8.5, including
13801380 41 the powers and duties of the governing body of the school corporation.
13811381 42 The school corporation shall also have an advisory board that consists
13821382 2022 IN 1145—LS 6644/DI 75 33
13831383 1 of seven (7) members elected as follows:
13841384 2 (1) On a nonpartisan basis.
13851385 3 (2) in a general election in the county.
13861386 4 The advisory board is created to provide nonbinding recommendations
13871387 5 to the emergency manager.
13881388 6 (b) Six (6) of the members shall be elected from the school districts
13891389 7 drawn under section 4 of this chapter. Each member:
13901390 8 (1) is elected from the school district in which the member
13911391 9 resides; and
13921392 10 (2) upon election and in conducting the business of the advisory
13931393 11 board, represents the interests of the entire school corporation.
13941394 12 (c) One (1) of the members elected:
13951395 13 (1) is the at-large member of the advisory board;
13961396 14 (2) may reside in any of the districts drawn under section 4 of this
13971397 15 chapter; and
13981398 16 (3) upon election and in conducting the business of the advisory
13991399 17 board, represents the interests of the entire school corporation.
14001400 18 (d) A per diem may not be paid to a member.
14011401 19 (e) The advisory board may hold a public meeting subject to the
14021402 20 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
14031403 21 advisory board is subject to IC 5-14-1.5 (the open door law) for these
14041404 22 meetings. The advisory board may hold additional meetings that are
14051405 23 authorized as executive sessions under IC 5-14-1.5 (the open door law)
14061406 24 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
14071407 25 public notice requirements of IC 5-14-1.5 (the open door law) for these
14081408 26 additional meetings. The records of the advisory board are subject to
14091409 27 IC 5-14-3 (access to public records).
14101410 28 SECTION 34. IC 20-23-12-5, AS AMENDED BY
14111411 29 P.L.213-2018(ss), SECTION 17, IS AMENDED TO READ AS
14121412 30 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 5. (a) The six (6)
14131413 31 members who are elected for a position on the advisory board
14141414 32 described under section 3(b) of this chapter are determined as follows:
14151415 33 (1) Each prospective candidate must file a nomination petition
14161416 34 with the board of elections and registration not earlier than one
14171417 35 hundred four (104) days and not later than noon seventy-four (74)
14181418 36 days before the election at which the members are to be elected
14191419 37 that includes the following information:
14201420 38 (A) The name of the prospective candidate.
14211421 39 (B) The district in which the prospective candidate resides.
14221422 40 (C) The signatures of at least one hundred (100) registered
14231423 41 voters residing in the school corporation.
14241424 42 (D) The fact that the prospective candidate is running for a
14251425 2022 IN 1145—LS 6644/DI 75 34
14261426 1 district position.
14271427 2 (E) A certification that the prospective candidate meets the
14281428 3 qualifications for candidacy imposed by this chapter. shall be
14291429 4 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
14301430 5 is applicable to the particular candidate.
14311431 6 (2) Only eligible voters residing in the district may vote for a
14321432 7 candidate.
14331433 8 (3) The candidate within each district who receives the greatest
14341434 9 number of votes in the district is elected. IC 3 governs the
14351435 10 nomination and election of members of the advisory board
14361436 11 under this subsection.
14371437 12 (b) The at-large member elected under section 3(c) of this chapter
14381438 13 is determined as follows:
14391439 14 (1) Each prospective candidate must file a nomination petition
14401440 15 with the clerk of the circuit court at least seventy-four (74) days
14411441 16 before the election at which the at-large member is to be elected.
14421442 17 The petition must include the following information:
14431443 18 (A) The name of the prospective candidate.
14441444 19 (B) The signatures of at least one hundred (100) registered
14451445 20 voters residing within the school corporation.
14461446 21 (C) The fact that the prospective candidate is running for the
14471447 22 at-large position on the advisory board.
14481448 23 (D) A certification that the prospective candidate meets the
14491449 24 qualifications for candidacy imposed by this chapter. shall be
14501450 25 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
14511451 26 is applicable to the candidate.
14521452 27 (2) Only eligible voters residing in the school corporation may
14531453 28 vote for a candidate.
14541454 29 (3) The candidate who:
14551455 30 (A) runs for the at-large position on the advisory board; and
14561456 31 (B) receives the greatest number of votes in the school
14571457 32 corporation;
14581458 33 is elected to the at-large position. IC 3 governs the nomination
14591459 34 and election of the member of the advisory board under this
14601460 35 subsection.
14611461 36 SECTION 35. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011,
14621462 37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14631463 38 JANUARY 1, 2023]: Sec. 2.1. (a) As used in this section, "county
14641464 39 election board" includes a board of elections and registration
14651465 40 established under IC 3-6-5.2.
14661466 41 (b) (a) The voters of the school corporation shall elect the members
14671467 42 of the governing body at a general election for a term of four (4) years.
14681468 2022 IN 1145—LS 6644/DI 75 35
14691469 1 The members shall be elected from the city at large without reference
14701470 2 to district.
14711471 3 (c) (b) Each candidate for election to the governing body must file
14721472 4 a petition of nomination with the county election board in each county
14731473 5 in which a school corporation subject to this chapter is located. The
14741474 6 petition of nomination must comply with IC 3-8-2.5 and the following
14751475 7 requirements:
14761476 8 (1) The petition must be signed by at least two hundred (200)
14771477 9 legal voters of the school corporation.
14781478 10 (2) Each petition may nominate only one (1) candidate.
14791479 11 (3) The number of petitions signed by a legal voter may not
14801480 12 exceed the number of school trustees to be elected. shall be
14811481 13 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever is
14821482 14 applicable to the particular candidate.
14831483 15 (d) (c) After all the petitions described in subsection (c) are filed
14841484 16 with the county election board, the board shall publish the names of
14851485 17 those nominated in accordance with IC 5-3-1 and shall certify the
14861486 18 nominations in the manner required by law. IC 3 governs the election
14871487 19 to the extent that it is not inconsistent with this chapter.
14881488 20 (e) The county election board shall prepare the ballot for the general
14891489 21 election at which members of the governing body are to be elected so
14901490 22 that the names of the candidates nominated appear on the ballot:
14911491 23 (1) in alphabetical order;
14921492 24 (2) without party designation; and
14931493 25 (3) in the form prescribed by IC 3-11-2.
14941494 26 (f) The county election board shall not publish or place on the ballot
14951495 27 the name of a candidate who is not eligible under this chapter for
14961496 28 membership on the governing body.
14971497 29 (g) (d) Each voter may vote for as many candidates as there are
14981498 30 members of the governing body to be elected.
14991499 31 SECTION 36. IC 20-23-14-3, AS AMENDED BY P.L.271-2013,
15001500 32 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15011501 33 JANUARY 1, 2023]: Sec. 3. (a) The governing body of the school
15021502 34 corporation consists of five (5) members. elected on a nonpartisan
15031503 35 basis.
15041504 36 (b) Three (3) of the members are elected from the school districts
15051505 37 referred to in section 4.5 of this chapter by eligible voters residing in
15061506 38 the school districts. Each member:
15071507 39 (1) is elected from the school district in which the member
15081508 40 resides; and
15091509 41 (2) upon election and in conducting the business of the governing
15101510 42 body, represents the interests of the entire school corporation.
15111511 2022 IN 1145—LS 6644/DI 75 36
15121512 1 (c) Two (2) of the members:
15131513 2 (1) are elected by eligible voters residing in the school
15141514 3 corporation;
15151515 4 (2) are at-large members of the governing body; and
15161516 5 (3) upon election and in conducting the business of the governing
15171517 6 body, represent the interests of the entire school corporation.
15181518 7 SECTION 37. IC 20-23-14-5, AS AMENDED BY P.L.6-2012,
15191519 8 SECTION 127, IS AMENDED TO READ AS FOLLOWS
15201520 9 [EFFECTIVE JANUARY 1, 2023]: Sec. 5. To be eligible to be a
15211521 10 candidate for the governing body under this chapter, the following
15221522 11 apply:
15231523 12 (1) Each prospective candidate must file a petition of nomination
15241524 13 with the board of elections and registration not earlier than one
15251525 14 hundred four (104) days and not later than noon seventy-four (74)
15261526 15 days before the general election at which the members are to be
15271527 16 elected. The petition of nomination must include the following:
15281528 17 (A) The name of the prospective candidate.
15291529 18 (B) Whether the prospective candidate is a district candidate
15301530 19 or an at-large candidate.
15311531 20 (C) A certification that the prospective candidate meets the
15321532 21 qualifications for candidacy imposed under this chapter.
15331533 22 (D) The signatures of at least one hundred (100) registered
15341534 23 voters residing in the school corporation. for election shall be
15351535 24 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
15361536 25 is applicable to the particular candidate.
15371537 26 (2) Each prospective candidate for a district position must:
15381538 27 (A) reside in the district; and
15391539 28 (B) have resided in the district for at least the three (3) years
15401540 29 immediately preceding the election; and
15411541 30 (C) certify that the candidate meets the qualifications for
15421542 31 candidacy imposed under this chapter.
15431543 32 (3) Each prospective candidate for an at-large position must:
15441544 33 (A) reside in the school corporation; and
15451545 34 (B) have resided in the school corporation for at least the three
15461546 35 (3) years immediately preceding the election.
15471547 36 (4) Each prospective candidate (regardless of whether the
15481548 37 candidate is a district candidate or an at-large candidate) must:
15491549 38 (A) be a registered voter;
15501550 39 (B) have been a registered voter for at least the three (3) years
15511551 40 immediately preceding the election; and
15521552 41 (C) be a high school graduate or have received a:
15531553 42 (i) high school equivalency certificate; or
15541554 2022 IN 1145—LS 6644/DI 75 37
15551555 1 (ii) state general educational development (GED) diploma
15561556 2 under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
15571557 3 (5) A prospective candidate may not:
15581558 4 (A) hold any other elective or appointive office; or
15591559 5 (B) have a pecuniary interest in any contract with the school
15601560 6 corporation or its governing body;
15611561 7 as prohibited by law.
15621562 8 SECTION 38. IC 20-23-15-6, AS ADDED BY P.L.1-2005,
15631563 9 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15641564 10 JANUARY 1, 2023]: Sec. 6. (a) The governing body of the school
15651565 11 corporation consists of seven (7) members who shall be elected
15661566 12 (1) on a nonpartisan basis; and
15671567 13 (2) in the general election held in the county.
15681568 14 (b) Five (5) of the members shall be elected from the school districts
15691569 15 in which the members reside as established under section 7 of this
15701570 16 chapter.
15711571 17 (c) Two (2) of the members shall be elected at large.
15721572 18 (d) Each candidate for election shall be nominated as provided
15731573 19 in IC 3-8-2 or IC 3-8-6, whichever is applicable to the particular
15741574 20 candidate.
15751575 21 SECTION 39. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
15761576 22 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15771577 23 JANUARY 1, 2023]: Sec. 3. (a) The governing body of the school
15781578 24 corporation consists of five (5) members chosen as follows:
15791579 25 (1) Three (3) members shall be elected by the voters of the school
15801580 26 corporation at a general election to be held in the county and
15811581 27 every four (4) years thereafter.
15821582 28 (2) One (1) member shall be appointed by the city executive.
15831583 29 (3) One (1) member shall be appointed by the city legislative
15841584 30 body.
15851585 31 (b) The members elected under subsection (a)(1) shall be elected as
15861586 32 follows:
15871587 33 (1) On a nonpartisan basis.
15881588 34 (2) (1) In a general election held in the county.
15891589 35 (3) (2) By the registered voters of the entire school corporation.
15901590 36 (c) The following apply to an election of members of the governing
15911591 37 body of the school corporation under subsection (a)(1):
15921592 38 (1) Each candidate must file a petition of nomination with the
15931593 39 circuit court clerk not earlier than one hundred four (104) days
15941594 40 and not later than seventy-four (74) days before the election at
15951595 41 which members are to be elected. The petition of nomination must
15961596 42 include the following information:
15971597 2022 IN 1145—LS 6644/DI 75 38
15981598 1 (A) The name of the candidate.
15991599 2 (B) A certification that the candidate meets the qualifications
16001600 3 for candidacy imposed by this chapter. for election shall be
16011601 4 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
16021602 5 is applicable to the particular candidate.
16031603 6 (2) Only eligible voters residing in the school corporation may
16041604 7 vote for a candidate seeking election.
16051605 8 SECTION 40. IC 20-23-17.2-3.1, AS AMENDED BY
16061606 9 P.L.193-2021, SECTION 106, IS AMENDED TO READ AS
16071607 10 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 3.1. (a) The
16081608 11 governing body of the school corporation consists of five (5) members,
16091609 12 elected as provided in this chapter.
16101610 13 (b) Three (3) members shall be elected as follows:
16111611 14 (1) From districts established as provided in section 4.1 of this
16121612 15 chapter.
16131613 16 (2) On a nonpartisan basis.
16141614 17 (3) (2) At the general election held in the county in 2022 and
16151615 18 every four (4) years thereafter.
16161616 19 (c) Two (2) members shall be elected as follows:
16171617 20 (1) At large by all the voters of the school corporation.
16181618 21 (2) On a nonpartisan basis.
16191619 22 (3) (2) At the general election held in the county in 2024 and
16201620 23 every four (4) years thereafter.
16211621 24 (d) The term of office of a member of the governing body:
16221622 25 (1) is four (4) years; and
16231623 26 (2) begins January 1 after the election of members of the
16241624 27 governing body.
16251625 28 (e) Upon assuming office and in conducting the business of the
16261626 29 governing body, a member shall represent the interests of the entire
16271627 30 school corporation.
16281628 31 SECTION 41. IC 20-23-17.2-5, AS AMENDED BY P.L.222-2015,
16291629 32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16301630 33 JANUARY 1, 2023]: Sec. 5. (a) The following apply to an election of
16311631 34 members of the governing body of the school corporation under section
16321632 35 3.1(b) of this chapter:
16331633 36 (1) Each candidate must file a petition of nomination with the
16341634 37 circuit court clerk not earlier than one hundred four (104) days
16351635 38 and not later than seventy-four (74) days before the general
16361636 39 election at which members are to be elected. The petition of
16371637 40 nomination must include the following information:
16381638 41 (A) The name of the candidate.
16391639 42 (B) The candidate's residence address and the district in which
16401640 2022 IN 1145—LS 6644/DI 75 39
16411641 1 the candidate resides.
16421642 2 (C) The signatures of at least twenty (20) registered voters
16431643 3 residing within the school corporation district the candidate
16441644 4 seeks to represent.
16451645 5 (D) A certification that the candidate meets the qualifications
16461646 6 for candidacy imposed by this chapter.
16471647 7 (E) The school corporation district that the candidate seeks to
16481648 8 represent. for election shall be nominated as provided in
16491649 9 IC 3-8-2 or IC 3-8-6, whichever is applicable to the
16501650 10 particular candidate.
16511651 11 (2) Only eligible voters residing in the school corporation district
16521652 12 as provided in section 4.1 of this chapter may vote for a candidate
16531653 13 to represent that school corporation district.
16541654 14 (3) One (1) candidate shall be elected for each school corporation
16551655 15 district provided by section 4.1 of this chapter. The candidate
16561656 16 elected for a school corporation district must reside within the
16571657 17 boundaries of the school corporation district. The candidate
16581658 18 elected as the member for a particular school corporation district
16591659 19 is the candidate who, among all the candidates who reside within
16601660 20 that school corporation district, receives the greatest number of
16611661 21 votes from voters residing in that school corporation district.
16621662 22 (b) The following apply to an election of the members of the
16631663 23 governing body of the school corporation under section 3.1(c) of this
16641664 24 chapter:
16651665 25 (1) Each candidate must file a petition of nomination with the
16661666 26 circuit court clerk not earlier than one hundred four (104) days
16671667 27 and not later than seventy-four (74) days before the general
16681668 28 election at which members are to be elected. The petition of
16691669 29 nomination must include the following information:
16701670 30 (A) The name of the candidate.
16711671 31 (B) The candidate's residence address.
16721672 32 (C) The signatures of at least one hundred (100) registered
16731673 33 voters residing within the school corporation.
16741674 34 (D) A certification that the candidate meets the qualifications
16751675 35 for candidacy imposed by this chapter.
16761676 36 (E) The fact that the candidate seeks to be elected from the
16771677 37 school corporation at large. for election shall be nominated
16781678 38 as provided in IC 3-8-2 or IC 3-8-6, whichever is applicable
16791679 39 to the particular candidate.
16801680 40 (2) Only eligible voters residing in the school corporation may
16811681 41 vote for a candidate.
16821682 42 (3) Two (2) candidates shall be elected at large. The two (2)
16831683 2022 IN 1145—LS 6644/DI 75 40
16841684 1 candidates who receive the greatest number of votes among all
16851685 2 candidates running for an at-large seat are elected as members of
16861686 3 the governing body.
16871687 4 SECTION 42. IC 20-25-3-4, AS AMENDED BY P.L.219-2013,
16881688 5 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16891689 6 JANUARY 1, 2023]: Sec. 4. (a) The board consists of seven (7)
16901690 7 members. A member:
16911691 8 (1) must be elected on a nonpartisan basis in general elections
16921692 9 held in the county as specified in this section; and
16931693 10 (2) serves a four (4) year term.
16941694 11 (b) Five (5) members shall be elected from the school board districts
16951695 12 in which the members reside, and two (2) members must be elected at
16961696 13 large. Not more than two (2) of the members who serve on the board
16971697 14 may reside in the same school board district.
16981698 15 (c) If a candidate runs for one (1) of the district positions on the
16991699 16 board, only eligible voters residing in the candidate's district may vote
17001700 17 for that candidate. If a person is a candidate for one (1) of the at-large
17011701 18 positions, eligible voters from all the districts may vote for that
17021702 19 candidate.
17031703 20 (d) If a candidate files to run for a position on the board, the
17041704 21 candidate must specify whether the candidate is running for a district
17051705 22 or an at-large position. Each candidate for election shall be
17061706 23 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever is
17071707 24 applicable to the particular candidate.
17081708 25 (e) A candidate who runs for a district or an at-large position wins
17091709 26 if the candidate receives the greatest number of votes of all the
17101710 27 candidates for the position. IC 3 governs the nomination and election
17111711 28 of the members of the board under this section.
17121712 29 (f) Districts shall be established within the school city by the state
17131713 30 board. The districts must be drawn on the basis of precinct lines, and
17141714 31 as nearly as practicable, of equal population with the population of the
17151715 32 largest district not to exceed the population of the smallest district by
17161716 33 more than five percent (5%). District lines must not cross precinct
17171717 34 lines. The state board, with assistance from the county election
17181718 35 board, shall establish:
17191719 36 (1) balloting procedures for the election under IC 3; and
17201720 37 (2) other procedures required to implement this section.
17211721 38 (g) A member of the board serves under section 3 of this chapter.
17221722 39 (h) In accordance with subsection (k), a vacancy in the board shall
17231723 40 be filled temporarily by the board as soon as practicable after the
17241724 41 vacancy occurs. The member chosen by the board to fill a vacancy
17251725 42 holds office until the member's successor is elected and qualified. The
17261726 2022 IN 1145—LS 6644/DI 75 41
17271727 1 successor shall be elected at the next regular school board election
17281728 2 occurring after the date on which the vacancy occurs. The successor
17291729 3 fills the vacancy for the remainder of the term.
17301730 4 (i) An individual elected to serve on the board begins the
17311731 5 individual's term on the date set in the school corporation's organization
17321732 6 plan. The date set in the organization plan for an elected member of the
17331733 7 board to take office may not be more than fourteen (14) months after
17341734 8 the date of the member's election. If the school corporation's
17351735 9 organization plan does not set a date for a member of the board to take
17361736 10 office, the member takes office January 1 immediately following the
17371737 11 individual's election.
17381738 12 (j) Notwithstanding any law to the contrary, each voter must cast a
17391739 13 vote for a school board candidate or school board candidates by voting
17401740 14 system or paper ballot. However, the same method used to cast votes
17411741 15 for all other offices for which candidates have qualified to be on the
17421742 16 election ballot must be used for the board offices.
17431743 17 (k) If a vacancy in the board exists because of the death of a
17441744 18 member, the remaining members of the board shall meet and select an
17451745 19 individual to fill the vacancy in accordance with subsection (h) after
17461746 20 the secretary of the board receives notice of the death under IC 5-8-6.
17471747 21 SECTION 43. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
17481748 22 SECTION 107, IS AMENDED TO READ AS FOLLOWS
17491749 23 [EFFECTIVE JANUARY 1, 2023]: Sec. 4. (a) This section does not
17501750 24 apply to:
17511751 25 (1) a vacancy of a member who serves on a governing body in
17521752 26 an ex officio capacity; or
17531753 27 (2) a vacancy in an appointed board member position if the
17541754 28 plan, resolution, or law under which the school corporation
17551755 29 operates specifically provides for filling vacancies by the
17561756 30 appointing authority.
17571757 31 (b) If fewer candidates have been elected to the school board than
17581758 32 there were members to be elected, the governing body shall determine
17591759 33 not later than noon December 31 following the election which
17601760 34 incumbent member or members continue to hold office under Article
17611761 35 15, Section 3 of the Constitution of the State of Indiana until a
17621762 36 successor is elected and qualified. However,
17631763 37 (c) If a vacancy in the membership of a governing body occurs for
17641764 38 any reason, whether the vacancy was of an elected or appointed
17651765 39 member, the vacancy shall be filled as follows:
17661766 40 (1) If the vacant office was last held by an individual elected
17671767 41 or selected as a candidate of a major political party of
17681768 42 Indiana, the vacancy shall be filled by a caucus under
17691769 2022 IN 1145—LS 6644/DI 75 42
17701770 1 IC 3-13-11.
17711771 2 (2) If subdivision (1) does not apply, the remaining members of
17721772 3 the governing body shall by majority vote fill the vacancy by
17731773 4 appointing a person an individual from within the boundaries of
17741774 5 the school corporation. with the residence and other qualifications
17751775 6 provided for a regularly elected or appointed board member
17761776 7 filling the membership, to serve for the term or the balance of the
17771777 8 term. However, this subsection does not apply to a vacancy:
17781778 9 (1) of a member who serves on a governing body in an ex officio
17791779 10 capacity; or
17801780 11 (2) a vacancy in an appointed board membership if a plan,
17811781 12 resolution, or law under which the school corporation operates
17821782 13 specifically provides for filling vacancies by the appointing
17831783 14 authority.
17841784 15 (d) An individual appointed as provided in this section:
17851785 16 (1) must possess the qualifications provided for a regularly
17861786 17 elected or appointed governing body member filling the
17871787 18 office; and
17881788 19 (2) holds office for the remainder of the unexpired term.
17891789 20 SECTION 44. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
17901790 21 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17911791 22 JANUARY 1, 2023]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
17921792 23 this section.
17931793 24 (b) If a vacancy in a school board office exists because of the death
17941794 25 of a school board member, the vacancy shall be filled in accordance
17951795 26 with section 4 of this chapter the remaining members of the
17961796 27 governing body shall meet and select an individual to fill the vacancy
17971797 28 after the secretary of the governing body receives notice of the death
17981798 29 under IC 5-8-6. and in accordance with section 4 of this chapter.
17991799 30 SECTION 45. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
18001800 31 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18011801 32 JANUARY 1, 2023]: Sec. 5. In accordance with rules adopted by the
18021802 33 judges of the court under section 6 of this chapter, the presiding judge
18031803 34 shall do the following:
18041804 35 (1) Ensure that the court operates efficiently and judicially under
18051805 36 rules adopted by the court.
18061806 37 (2) Annually submit to the fiscal body of Monroe County a budget
18071807 38 for the court, including amounts necessary for:
18081808 39 (A) the operation of the circuit's probation department;
18091809 40 (B) the defense of indigents; and
18101810 41 (C) maintaining an adequate law library.
18111811 42 (3) Make the appointments or selections required of a circuit or
18121812 2022 IN 1145—LS 6644/DI 75 43
18131813 1 superior court judge under the following statutes:
18141814 2 IC 8-4-21-2
18151815 3 IC 11-12-2-2
18161816 4 IC 16-22-2-4
18171817 5 IC 16-22-2-11
18181818 6 IC 16-22-7
18191819 7 IC 20-23-4
18201820 8 IC 20-23-7-6
18211821 9 IC 20-23-7-8.1
18221822 10 IC 20-26-7-8
18231823 11 IC 20-26-7-14
18241824 12 IC 20-47-2-15
18251825 13 IC 20-47-3-13
18261826 14 IC 36-9
18271827 15 IC 36-10
18281828 16 IC 36-12-10-10.
18291829 17 (4) Make appointments or selections required of a circuit or
18301830 18 superior court judge by any other statute, if the appointment or
18311831 19 selection is not required of the court because of an action before
18321832 20 the court.
18331833 2022 IN 1145—LS 6644/DI 75