Indiana 2022 Regular Session

Indiana House Bill HB1240 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1240
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5; IC 3-8; IC 3-10; IC 3-11; IC 3-12;
7	7	IC 3-13-10.5; IC 20-23; IC 20-25-3-4; IC 20-26-4; IC 33-33-53-5.
8	8	Synopsis: School board elections. Requires candidates for school
9	9	board offices to be nominated in the same manner as candidates for all
10	10	other elected offices are nominated, beginning after 2022. Provides that
11	11	for school board offices elected in 2022, the political affiliation of each
12	12	candidate, or the candidate's statement that the candidate is an
13	13	independent candidate, must be stated on the ballot. Provides that the
14	14	current statute relating to nomination of candidates for school board
15	15	offices expires on January 1, 2023. Repeals other superseded statutes.
16	16	Makes conforming changes.
17	17	Effective: Upon passage; January 1, 2023.
18	18	Goodrich, Prescott, Behning, Wesco
19	19	January 6, 2022, read first time and referred to Committee on Elections and
20	20	Apportionment.
21	21	2022 IN 1240—LS 6999/DI 75 Introduced
22	22	Second Regular Session of the 122nd General Assembly (2022)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2021 Regular Session of the General Assembly.
32	32	HOUSE BILL No. 1240
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	elections.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 3-5-2-44 IS AMENDED TO READ AS FOLLOWS
37	37	2 [EFFECTIVE UPON PASSAGE]: Sec. 44. (a) "School board" means
38	38	3 the fiscal governing body of a school corporation (as defined in
39	39	4 IC 20-18-2-5).
40	40	5 (b) The term includes an elected school advisory board.
41	41	6 SECTION 2. IC 3-5-2-45 IS AMENDED TO READ AS FOLLOWS
42	42	7 [EFFECTIVE UPON PASSAGE]: Sec. 45. (a) "School board office"
43	43	8 refers to an elected position on the school board of a school
44	44	9 corporation.
45	45	10 (b) The term includes an elected school advisory board office.
46	46	11 SECTION 3. IC 3-5-4-1.7, AS AMENDED BY P.L.257-2019,
47	47	12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48	48	13 JANUARY 1, 2023]: Sec. 1.7. (a) Except as otherwise expressly
49	49	14 authorized or required under this title, a filing by a person with a
50	50	15 commission, the election division, an election board, or a county voter
51	51	16 registration office may not be made by fax or electronic mail.
52	52	17 (b) A petition of nomination filed with a county voter registration
53	53	2022 IN 1240—LS 6999/DI 75 2
54	54	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
55	55	2 place a public question on the ballot, or any other petition filed that
56	56	3 requires the county voter registration office to certify the validity of
57	57	4 signatures, may not contain the electronic signature, digital signature,
58	58	5 digitized signature, or photocopied signature of a voter.
59	59	6 SECTION 4. IC 3-8-1-2, AS AMENDED BY P.L.278-2019,
60	60	7 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
61	61	8 JANUARY 1, 2023]: Sec. 2. (a) This section does not apply to a
62	62	9 candidate challenged under IC 3-8-8.
63	63	10 (b) The commission, a county election board, or a town election
64	64	11 board shall act if a candidate (or a person acting on behalf of a
65	65	12 candidate in accordance with state Indiana law) has filed any of the
66	66	13 following:
67	67	14 (1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
68	68	15 (2) A request for ballot placement in a presidential primary under
69	69	16 IC 3-8-3.
70	70	17 (3) A petition of nomination or candidate's consent to nomination
71	71	18 under IC 3-8-2.5 or IC 3-8-6.
72	72	19 (4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
73	73	20 IC 3-10-2-15, or IC 3-10-6-12.
74	74	21 (5) A certificate of candidate selection under IC 3-13-1 or
75	75	22 IC 3-13-2.
76	76	23 (6) A declaration of intent to be a write-in candidate under
77	77	24 IC 3-8-2-2.5.
78	78	25 (7) A contest to the denial of certification under IC 3-8-2.5 or
79	79	26 IC 3-8-6-12.
80	80	27 (c) The commission has jurisdiction to act under this section with
81	81	28 regard to any filing described in subsection (b) that was made with the
82	82	29 election division. Except for a filing under the jurisdiction of a town
83	83	30 election board, a county election board has jurisdiction to act under this
84	84	31 section with regard to any filing described in subsection (b) that was
85	85	32 made with the county election board, county voter registration office,
86	86	33 or the circuit court clerk. A town election board has jurisdiction to act
87	87	34 under this section with regard to any filing that was made with the
88	88	35 county election board, the county voter registration office, or the circuit
89	89	36 court clerk for nomination or election to a town office.
90	90	37 (d) Except as provided in subsection (f), before the commission or
91	91	38 election board acts under this section, a registered voter of the election
92	92	39 district that a candidate seeks to represent or a county chairman of a
93	93	40 major political party of a county in which any part of the election
94	94	41 district is located must file a sworn statement before a person
95	95	42 authorized to administer oaths, with the election division or election
96	96	2022 IN 1240—LS 6999/DI 75 3
97	97	1 board:
98	98	2 (1) questioning the eligibility of the candidate to seek the office;
99	99	3 and
100	100	4 (2) setting forth the facts known to the voter or county chairman
101	101	5 of a major political party of a county concerning this question.
102	102	6 (e) The eligibility of a write-in candidate or a candidate nominated
103	103	7 by a convention, petition, or primary may not be challenged under this
104	104	8 section if the commission or board determines that all of the following
105	105	9 occurred:
106	106	10 (1) The eligibility of the candidate was challenged under this
107	107	11 section before the candidate was nominated.
108	108	12 (2) The commission or board conducted a hearing on the affidavit
109	109	13 before the nomination.
110	110	14 (3) This challenge would be based on substantially the same
111	111	15 grounds as the previous challenge to the candidate.
112	112	16 (f) Before the commission or election board can consider a contest
113	113	17 to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a
114	114	18 candidate (or a person acting on behalf of a candidate in accordance
115	115	19 with state Indiana law) must file a sworn statement with the election
116	116	20 division or election board:
117	117	21 (1) stating specifically the basis for the contest; and
118	118	22 (2) setting forth the facts known to the candidate supporting the
119	119	23 basis for the contest.
120	120	24 (g) Upon the filing of a sworn statement under subsection (d) or (f),
121	121	25 the commission or election board shall determine the validity of the
122	122	26 questioned:
123	123	27 (1) declaration of candidacy;
124	124	28 (2) declaration of intent to be a write-in candidate;
125	125	29 (3) request for ballot placement under IC 3-8-3;
126	126	30 (4) petition of nomination;
127	127	31 (5) certificate of nomination;
128	128	32 (6) certificate of candidate selection issued under IC 3-13-1-15 or
129	129	33 IC 3-13-2-8; or
130	130	34 (7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
131	131	35 (h) The commission or election board shall deny a filing if the
132	132	36 commission or election board determines that the candidate has not
133	133	37 complied with the applicable requirements for the candidate set forth
134	134	38 in the Constitution of the United States, the Constitution of the State of
135	135	39 Indiana, or this title.
136	136	40 SECTION 5. IC 3-8-2-2 IS AMENDED TO READ AS FOLLOWS
137	137	41 [EFFECTIVE JANUARY 1, 2023]: Sec. 2. A person An individual
138	138	42 who desires to be nominated at a primary election as a candidate of a
139	139	2022 IN 1240—LS 6999/DI 75 4
140	140	1 political party subject to this chapter for a federal, state, legislative, or
141	141	2 local, or school board office shall file a declaration of candidacy.
142	142	3 SECTION 6. IC 3-8-2.5-2, AS AMENDED BY P.L.169-2015,
143	143	4 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
144	144	5 UPON PASSAGE]: Sec. 2. (a) A candidate for a school board office
145	145	6 must file a petition of nomination in accordance with this chapter. and
146	146	7 as required under IC 20-23 or IC 20-25. The petition of nomination,
147	147	8 once filed, serves as the candidate's declaration of candidacy for a
148	148	9 school board office.
149	149	10 (b) A candidate may be nominated for a school board office by
150	150	11 petition of voters who are:
151	151	12 (1) registered to vote at the residence address set forth on the
152	152	13 petition on the date the petition is certified under this chapter; and
153	153	14 (2) qualified to vote for the candidate.
154	154	15 (c) The petition of nomination must be signed by the following
155	155	16 number of voters required for the school board office under IC 20-23
156	156	17 or IC 20-25. of the election district the candidate seeks to represent:
157	157	18 (1) If the election is for a school board office under
158	158	19 IC 20-23-12, one hundred (100) voters.
159	159	20 (2) If the election is for a school board office under
160	160	21 IC 20-23-13, two hundred (200) voters.
161	161	22 (3) If the election is for a school board office under
162	162	23 IC 20-23-14, one hundred (100) voters.
163	163	24 (4) If the election is for a school board office under
164	164	25 IC 20-23-17.2, one hundred (100) voters.
165	165	26 (5) If the election is for a school board office under a statute
166	166	27 not listed in subdivisions (1) through (4), ten (10) voters.
167	167	28 (d) Except as provided in this subsection, the signature, printed
168	168	29 name, and residence address of the petitioner must be made in writing
169	169	30 by the petitioner. If a petitioner with a disability is unable to write this
170	170	31 information on the petition, the petitioner may authorize an individual
171	171	32 to do so on the petitioner's behalf. The individual acting under this
172	172	33 subsection shall execute an affidavit of assistance for each such
173	173	34 petitioner, in a form prescribed by the election division. The form must
174	174	35 set forth the name and address of the individual providing assistance,
175	175	36 and the date the individual provided the assistance. The form must be
176	176	37 submitted with the petition.
177	177	38 SECTION 7. IC 3-8-2.5-2.5, AS AMENDED BY P.L.169-2015,
178	178	39 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
179	179	40 UPON PASSAGE]: Sec. 2.5. (a) A petition of nomination for a school
180	180	41 board office must state all of the following:
181	181	42 (1) The name of each candidate as:
182	182	2022 IN 1240—LS 6999/DI 75 5
183	183	1 (A) the candidate wants the candidate's name to appear on the
184	184	2 ballot; and
185	185	3 (B) the candidate's name is permitted to appear on the ballot
186	186	4 under IC 3-5-7.
187	187	5 (2) The address of each candidate, including the mailing address,
188	188	6 if different from the residence address of the candidate.
189	189	7 (3) The school board office that each candidate seeks.
190	190	8 (4) That each petitioner is a qualified registered voter and desires
191	191	9 to be able to vote for the candidates listed on the petition.
192	192	10 (5) The candidate's political party affiliation or, if the
193	193	11 candidate does not identify with a political party, that the
194	194	12 candidate is an independent candidate. Unless the candidate's
195	195	13 political party affiliation is challenged under section 7 of this
196	196	14 chapter, the candidate's political party affiliation stated on
197	197	15 the petition shall be indicated on the ballot in the manner
198	198	16 determined by the county election board.
199	199	17 (b) The petition of nomination must be accompanied by the
200	200	18 following:
201	201	19 (1) The candidate's written consent to become a candidate.
202	202	20 (2) A statement that the candidate:
203	203	21 (A) is aware of the provisions of IC 3-9 regarding campaign
204	204	22 finance and the reporting of campaign contributions and
205	205	23 expenditures; and
206	206	24 (B) agrees to comply with the provisions of IC 3-9 referred to
207	207	25 in clause (A).
208	208	26 (3) A statement by the candidate that the candidate is aware of the
209	209	27 requirement to file a campaign finance statement of organization
210	210	28 under IC 3-9 after the first of either of the following occurs:
211	211	29 (A) The candidate receives more than five hundred dollars
212	212	30 ($500) in contributions.
213	213	31 (B) The candidate makes more than five hundred dollars
214	214	32 ($500) in expenditures.
215	215	33 (4) A statement indicating whether or not each candidate:
216	216	34 (A) has been a candidate for state, legislative, local, or school
217	217	35 board office in a previous primary, municipal, special, or
218	218	36 general election; and
219	219	37 (B) has filed all reports required by IC 3-9-5-10 for all
220	220	38 previous candidacies.
221	221	39 (5) A statement that each candidate is legally qualified to hold the
222	222	40 office that the candidate seeks, including any applicable residency
223	223	41 requirements and restrictions on service due to a criminal
224	224	42 conviction.
225	225	2022 IN 1240—LS 6999/DI 75 6
226	226	1 (6) Any statement of economic interests required under IC 3-8-9.
227	227	2 (7) The certification of the county chairman, if required under
228	228	3 subsection (c).
229	229	4 (c) If a candidate claims affiliation with a major political party
230	230	5 under subsection (a)(5), the candidate must have voted in the two
231	231	6 (2) most recent primary elections in Indiana held by the party with
232	232	7 which the candidate claims affiliation. The petition must provide
233	233	8 a place for the candidate to affirm the candidate's primary election
234	234	9 participation, if the candidate chooses affiliation with a major
235	235	10 political party. If the candidate did not vote in the two (2) most
236	236	11 recent primary elections in Indiana held by the party with which
237	237	12 the candidate claims affiliation, the county chairman of:
238	238	13 (1) the political party with which the candidate claims
239	239	14 affiliation; and
240	240	15 (2) the county in which the candidate resides;
241	241	16 must certify in writing that the candidate is a member of the
242	242	17 political party for the candidate's claimed affiliation to be valid.
243	243	18 The petition of nomination must inform candidates how political
244	244	19 party affiliation is determined under this subsection.
245	245	20 SECTION 8. IC 3-8-2.5-7, AS ADDED BY P.L.194-2013,
246	246	21 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
247	247	22 UPON PASSAGE]: Sec. 7. (a) A person may not be selected as a
248	248	23 candidate by petition of nomination without giving written consent and
249	249	24 having it filed with the public official with whom certificates and
250	250	25 petitions of nomination are required to be filed.
251	251	26 (b) Each candidate nominated by petition of nomination for a school
252	252	27 board office must satisfy all statutory eligibility requirements for the
253	253	28 office for which the candidate is nominated, including the filing of
254	254	29 statements of economic interest.
255	255	30 (c) A statement questioning the validity of a petition of nomination
256	256	31 or contesting the denial of certification under section 6 of this chapter
257	257	32 must be filed with the county election board in accordance with
258	258	33 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
259	259	34 the general election. A question regarding the validity of a petition of
260	260	35 nomination or the denial of certification shall be referred to and
261	261	36 determined by the county election board not later than noon fifty-four
262	262	37 (54) days before the date of the general election.
263	263	38 (d) A statement concerning the validity of a declaration of intent to
264	264	39 be a write-in candidate for a school board office under section 4 of this
265	265	40 chapter must be filed with the county election board in accordance with
266	266	41 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
267	267	42 the general election. A question regarding the validity of a declaration
268	268	2022 IN 1240—LS 6999/DI 75 7
269	269	1 of intent to be a write-in candidate for a school board office shall be
270	270	2 referred to and determined by the county election board not later than
271	271	3 noon fifty-four (54) days before the date of the general election.
272	272	4 (e) If a candidate's petition states that the candidate is affiliated
273	273	5 with a major political party, that statement may be challenged
274	274	6 under this section. A challenge under this subsection succeeds only
275	275	7 if the challenger shows both of the following:
276	276	8 (1) The candidate did not vote in the two (2) most recent
277	277	9 primary elections in Indiana held by the party with which the
278	278	10 candidate claims affiliation.
279	279	11 (2) The county chairman of:
280	280	12 (A) the political party with which the candidate claims
281	281	13 affiliation; and
282	282	14 (B) the county in which the candidate resides;
283	283	15 did not certify that the candidate is a member of the political
284	284	16 party with which the candidate claims affiliation. If the
285	285	17 candidate produces a copy of the certification of the county
286	286	18 chairman of the political party with which the candidate
287	287	19 claims affiliation at the time the candidate filed the petition,
288	288	20 the claim of a challenger under this subdivision is conclusively
289	289	21 rebutted.
290	290	22 (f) Unless a challenger shows under subsection (e) that a
291	291	23 candidate is not affiliated with the major political party with which
292	292	24 the candidate claims affiliation, the candidate's claimed political
293	293	25 party affiliation shall be indicated on the ballot as required by
294	294	26 section 2.5(a)(5) of this chapter.
295	295	27 (g) A candidate's claimed political party affiliation with a party
296	296	28 other than a major political party is not subject to challenge under
297	297	29 this section.
298	298	30 SECTION 9. IC 3-8-2.5-9 IS ADDED TO THE INDIANA CODE
299	299	31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
300	300	32 UPON PASSAGE]: Sec. 9. This chapter expires January 1, 2023.
301	301	33 SECTION 10. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
302	302	34 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
303	303	35 JANUARY 1, 2023]: Sec. 1. (a) This chapter applies to a candidate for
304	304	36 nomination to an elected office who:
305	305	37 (1) is an independent candidate; or
306	306	38 (2) represents a political party not qualified to nominate
307	307	39 candidates in a primary or by convention.
308	308	40 (b) This chapter does not apply to a candidate for a school board
309	309	41 office.
310	310	42 SECTION 11. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
311	311	2022 IN 1240—LS 6999/DI 75 8
312	312	1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
313	313	2 JANUARY 1, 2023]: Sec. 28. (a) Except as provided in subsections (b)
314	314	3 and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
315	315	4 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
316	316	5 notice of withdrawal in writing with the public official with whom the
317	317	6 certificate of nomination was filed by noon:
318	318	7 (1) July 15 before a general or municipal election;
319	319	8 (2) August 1 before a municipal election in a town subject to
320	320	9 IC 3-8-5-10;
321	321	10 (3) on the date specified for town convention nominees under
322	322	11 IC 3-8-5-14.5;
323	323	12 (4) on the date specified for declared write-in candidates under
324	324	13 IC 3-8-2-2.7; or
325	325	14 (5) on the date specified for a school board candidate under
326	326	15 IC 3-8-2.5-4; or
327	327	16 (6) (5) forty-five (45) days before a special election.
328	328	17 (b) A candidate who is disqualified from being a candidate under
329	329	18 IC 3-8-1-5 must file a notice of withdrawal immediately upon
330	330	19 becoming disqualified. IC 3-8-8-7 and the filing requirements of
331	331	20 subsection (a) do not apply to a notice of withdrawal filed under this
332	332	21 subsection.
333	333	22 (c) A candidate who has moved from the election district the
334	334	23 candidate sought to represent must file a notice of withdrawal
335	335	24 immediately after changing the candidate's residence. IC 3-8-8-7 and
336	336	25 the filing requirements of subsection (a) do not apply to a notice of
337	337	26 withdrawal filed under this subsection.
338	338	27 SECTION 12. IC 3-8-9-5, AS AMENDED BY P.L.278-2019,
339	339	28 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
340	340	29 JANUARY 1, 2023]: Sec. 5. An individual required to file a statement
341	341	30 under section 4 of this chapter shall file the statement as follows:
342	342	31 (1) With the individual's:
343	343	32 (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
344	344	33 (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
345	345	34 office described in IC 3-8-2-5 in a county with a separate
346	346	35 board of registration under IC 3-7-12 after certification by the
347	347	36 board of registration;
348	348	37 (C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
349	349	38 office described in IC 3-8-2-5 in a county that does not have a
350	350	39 separate board of registration under IC 3-7-12;
351	351	40 (D) petition of nomination under IC 3-8-6 for an office
352	352	41 described in IC 3-8-2-5 after certification by the county voter
353	353	42 registration office;
354	354	2022 IN 1240—LS 6999/DI 75 9
355	355	1 (E) certificate of nomination under IC 3-10-2-15 or
356	356	2 IC 3-10-6-12;
357	357	3 (F) statement consenting to be a replacement candidate under
358	358	4 IC 3-8-6-17;
359	359	5 (G) declaration of intent to be a write-in candidate under
360	360	6 IC 3-8-2-2.5; or
361	361	7 (H) certificate of candidate selection under IC 3-13-1 or
362	362	8 IC 3-13-2.
363	363	9 (2) When the individual assumes a vacant elected office under
364	364	10 IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-10.5-3, or
365	365	11 IC 3-13-11. or IC 20-23-4-30. A statement filed under this
366	366	12 subdivision must be filed not later than noon sixty (60) days after
367	367	13 the individual assumes the elected office.
368	368	14 SECTION 13. IC 3-10-1-4 IS AMENDED TO READ AS
369	369	15 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 4. (a) At a
370	370	16 primary election each political party subject to section 2 of this chapter
371	371	17 shall nominate its candidates for the following offices to be voted for
372	372	18 at the general election:
373	373	19 (1) United States Senator.
374	374	20 (2) Governor.
375	375	21 (3) United States Representative.
376	376	22 (4) Legislative offices.
377	377	23 (5) Local offices.
378	378	24 (6) School board offices.
379	379	25 (b) In addition, each political party subject to section 2 of this
380	380	26 chapter shall:
381	381	27 (1) vote on candidates for nomination as President of the United
382	382	28 States;
383	383	29 (2) elect delegates from each county to the party's state
384	384	30 convention; and
385	385	31 (3) elect a precinct committeeman for each precinct in the county
386	386	32 if precinct committeemen are to be elected under section 4.5 of
387	387	33 this chapter.
388	388	34 SECTION 14. IC 3-10-1-18, AS AMENDED BY P.L.76-2014,
389	389	35 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
390	390	36 JANUARY 1, 2023]: Sec. 18. (a) Except as provided by subsection (b),
391	391	37 the names of all candidates for each office who have qualified under
392	392	38 IC 3-8 shall be arranged in alphabetical order by surnames under the
393	393	39 designation of the office.
394	394	40 (b) This subsection applies to a county having a population of more
395	395	41 than four hundred thousand (400,000) but less than seven hundred
396	396	42 thousand (700,000). The names of all candidates for each office who
397	397	2022 IN 1240—LS 6999/DI 75 10
398	398	1 have qualified under IC 3-8, except for a school board office, precinct
399	399	2 committeeman or state convention delegate, shall be arranged in
400	400	3 random order by surnames under the designation of the office. The
401	401	4 random order shall be determined using a lottery. The lottery held in
402	402	5 accordance with this subsection shall be conducted in public by the
403	403	6 county election board. The lottery shall be held not later than fifteen
404	404	7 (15) days following the last day for a declaration of candidacy under
405	405	8 IC 3-8-2-4. All candidates whose names are to be arranged by way of
406	406	9 the lottery shall be notified at least five (5) days prior to the lottery of
407	407	10 the time and place at which the lottery is to be held. Each candidate
408	408	11 may have one (1) designated watcher, and each county political party
409	409	12 may have one (1) designated watcher who shall be allowed to observe
410	410	13 the lottery procedure.
411	411	14 (c) For paper ballots, the left margin of the ballot for each political
412	412	15 party must show the name of the uppermost candidate printed to the
413	413	16 right of the number 1, the next candidate number 2, the next candidate
414	414	17 number 3, and so on, consecutively to the end of the ballot as
415	415	18 prescribed in section 19 of this chapter. If ordered by a county election
416	416	19 board or a board of elections and registration under IC 3-11-15-13.1(b),
417	417	20 a ballot number or other candidate designation uniquely associated
418	418	21 with the candidate must be displayed on the electronic voting system
419	419	22 and printed on the ballot cards.
420	420	23 (d) This subsection applies to a county having a population of more
421	421	24 than four hundred thousand (400,000) but less than seven hundred
422	422	25 thousand (700,000). If there is insufficient room on a row to list each
423	423	26 candidate of a political party, a second or subsequent row may be
424	424	27 utilized. However, a second or subsequent row may not be utilized
425	425	28 unless the first row, and all preceding rows, have been filled.
426	426	29 SECTION 15. IC 3-10-1-19, AS AMENDED BY P.L.278-2019,
427	427	30 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
428	428	31 JANUARY 1, 2023]: Sec. 19. (a) The ballot for a primary election shall
429	429	32 be printed in substantially the form described in this section for all the
430	430	33 offices for which candidates have qualified under IC 3-8.
431	431	34 (b) The following shall be printed as the heading for the ballot for
432	432	35 a political party:
433	433	36 "OFFICIAL PRIMARY BALLOT
434	434	37 _________________ Party (insert the name of the political party)".
435	435	38 (c) The following shall be printed immediately below the heading
436	436	39 required by subsection (b) or be posted in each voting booth as
437	437	40 provided in IC 3-11-2-8(b):
438	438	41 (1) For paper ballots, print: To vote for a person, make a voting
439	439	42 mark (X or U) on or in the box before the person's name in the
440	440	2022 IN 1240—LS 6999/DI 75 11
441	441	1 proper column.
442	442	2 (2) For optical scan ballots, print: To vote for a person, darken or
443	443	3 shade in the circle, oval, or square (or draw a line to connect the
444	444	4 arrow) that precedes the person's name in the proper column.
445	445	5 (3) For optical scan ballots that do not contain a candidate's name,
446	446	6 print: To vote for a person, darken or shade in the oval that
447	447	7 precedes the number assigned to the person's name in the proper
448	448	8 column.
449	449	9 (4) For electronic voting systems, print: To vote for a person,
450	450	10 touch the screen (or press the button) in the location indicated.
451	451	11 (d) Local public questions shall be placed on the primary election
452	452	12 ballot after the heading and the voting instructions described in
453	453	13 subsection (c) (if the instructions are printed on the ballot) and before
454	454	14 the offices described in subsection (g).
455	455	15 (e) The local public questions described in subsection (d) shall be
456	456	16 placed as follows:
457	457	17 (1) In a separate column on the ballot if voting is by paper ballot.
458	458	18 (2) After the heading and the voting instructions described in
459	459	19 subsection (c) (if the instructions are printed on the ballot) and
460	460	20 before the offices described in subsection (g), in the form
461	461	21 specified in IC 3-11-13-11 if voting is by ballot card.
462	462	22 (3) As provided by either of the following if voting is by an
463	463	23 electronic voting system:
464	464	24 (A) On a separate screen for a public question.
465	465	25 (B) After the heading and the voting instructions described in
466	466	26 subsection (c) (if the instructions are printed on the ballot) and
467	467	27 before the offices described in subsection (g), in the form
468	468	28 specified in IC 3-11-14-3.5.
469	469	29 (f) A public question shall be placed on the primary election ballot
470	470	30 in the following form:
471	471	31 (The explanatory text for the public question,
472	472	32 if required by law.)
473	473	33 "Shall (insert public question)?"
474	474	34 [] YES
475	475	35 [] NO
476	476	36 (g) The offices with candidates for nomination shall be placed on
477	477	37 the primary election ballot in the following order:
478	478	38 (1) Federal and state offices:
479	479	39 (A) President of the United States.
480	480	40 (B) United States Senator.
481	481	41 (C) Governor.
482	482	42 (D) United States Representative.
483	483	2022 IN 1240—LS 6999/DI 75 12
484	484	1 (2) Legislative offices:
485	485	2 (A) State senator.
486	486	3 (B) State representative.
487	487	4 (3) Circuit offices and county judicial offices:
488	488	5 (A) Judge of the circuit court, and unless otherwise specified
489	489	6 under IC 33, with each division separate if there is more than
490	490	7 one (1) judge of the circuit court.
491	491	8 (B) Judge of the superior court, and unless otherwise specified
492	492	9 under IC 33, with each division separate if there is more than
493	493	10 one (1) judge of the superior court.
494	494	11 (C) Judge of the probate court.
495	495	12 (D) Prosecuting attorney.
496	496	13 (E) Circuit court clerk.
497	497	14 (4) County offices:
498	498	15 (A) County auditor.
499	499	16 (B) County recorder.
500	500	17 (C) County treasurer.
501	501	18 (D) County sheriff.
502	502	19 (E) County coroner.
503	503	20 (F) County surveyor.
504	504	21 (G) County assessor.
505	505	22 (H) County commissioner.
506	506	23 (I) County council member.
507	507	24 (5) Township offices:
508	508	25 (A) Township assessor (only in a township referred to in
509	509	26 IC 36-6-5-1(d)).
510	510	27 (B) Township trustee.
511	511	28 (C) Township board member.
512	512	29 (D) Judge of the small claims court.
513	513	30 (E) Constable of the small claims court.
514	514	31 (6) City offices:
515	515	32 (A) Mayor.
516	516	33 (B) Clerk or clerk-treasurer.
517	517	34 (C) Judge of the city court.
518	518	35 (D) City-county council member or common council member.
519	519	36 (7) Town offices:
520	520	37 (A) Clerk-treasurer.
521	521	38 (B) Judge of the town court.
522	522	39 (C) Town council member.
523	523	40 (8) School board offices.
524	524	41 (h) The political party offices with candidates for election shall be
525	525	42 placed on the primary election ballot in the following order after the
526	526	2022 IN 1240—LS 6999/DI 75 13
527	527	1 offices described in subsection (g):
528	528	2 (1) Precinct committeeman.
529	529	3 (2) State convention delegate.
530	530	4 (i) The local offices to be elected at the primary election shall be
531	531	5 placed on the primary election ballot after the offices described in
532	532	6 subsection (h).
533	533	7 (j) The offices described in subsection (i) shall be placed as follows:
534	534	8 (1) In a separate column on the ballot if voting is by paper ballot.
535	535	9 (2) After the offices described in subsection (h) in the form
536	536	10 specified in IC 3-11-13-11 if voting is by ballot card.
537	537	11 (3) Either:
538	538	12 (A) on a separate screen for each office or public question; or
539	539	13 (B) after the offices described in subsection (h) in the form
540	540	14 specified in IC 3-11-14-3.5;
541	541	15 if voting is by an electronic voting system.
542	542	16 SECTION 16. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
543	543	17 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
544	544	18 JANUARY 1, 2023]: Sec. 1. A special election shall be held in the
545	545	19 following cases:
546	546	20 (1) Whenever two (2) or more candidates for a federal, state,
547	547	21 legislative, or circuit or school board office receive the highest
548	548	22 greatest and an equal number of votes for the office, except as
549	549	23 provided in Article 5, Section 5 of the Constitution of the State of
550	550	24 Indiana. or in IC 20.
551	551	25 (2) Whenever a vacancy occurs in the office of United States
552	552	26 Senator, as provided in IC 3-13-3-1.
553	553	27 (3) Whenever a vacancy occurs in the office of United States
554	554	28 Representative unless the vacancy occurs less than seventy-four
555	555	29 (74) days before a general election.
556	556	30 (4) Whenever a vacancy occurs in any local office the filling of
557	557	31 which is not otherwise provided by law.
558	558	32 (5) Whenever required by law for a public question.
559	559	33 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
560	560	34 recount commission under IC 3-12-11-18.
561	561	35 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
562	562	36 legislative office unless the vacancy occurs less than seventy-four
563	563	37 (74) days before a general election.
564	564	38 SECTION 17. IC 3-11-2-12, AS AMENDED BY P.L.109-2021,
565	565	39 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
566	566	40 JANUARY 1, 2023]: Sec. 12. The following offices shall be placed on
567	567	41 the general election ballot in the following order after the public
568	568	42 questions described in section 10(a) of this chapter:
569	569	2022 IN 1240—LS 6999/DI 75 14
570	570	1 (1) Federal and state offices:
571	571	2 (A) President and Vice President of the United States.
572	572	3 (B) United States Senator.
573	573	4 (C) Governor and lieutenant governor.
574	574	5 (D) Secretary of state.
575	575	6 (E) Auditor of state.
576	576	7 (F) Treasurer of state.
577	577	8 (G) Attorney general.
578	578	9 (H) United States Representative.
579	579	10 (2) Legislative offices:
580	580	11 (A) State senator.
581	581	12 (B) State representative.
582	582	13 (3) Circuit offices and county judicial offices:
583	583	14 (A) Judge of the circuit court, and unless otherwise specified
584	584	15 under IC 33, with each division separate if there is more than
585	585	16 one (1) judge of the circuit court.
586	586	17 (B) Judge of the superior court, and unless otherwise specified
587	587	18 under IC 33, with each division separate if there is more than
588	588	19 one (1) judge of the superior court.
589	589	20 (C) Judge of the probate court.
590	590	21 (D) Prosecuting attorney.
591	591	22 (E) Clerk of the circuit court.
592	592	23 (4) County offices:
593	593	24 (A) County auditor.
594	594	25 (B) County recorder.
595	595	26 (C) County treasurer.
596	596	27 (D) County sheriff.
597	597	28 (E) County coroner.
598	598	29 (F) County surveyor.
599	599	30 (G) County assessor.
600	600	31 (H) County commissioner.
601	601	32 (I) County council member.
602	602	33 (5) Township offices:
603	603	34 (A) Township assessor (only in a township referred to in
604	604	35 IC 36-6-5-1(d)).
605	605	36 (B) Township trustee.
606	606	37 (C) Township board member.
607	607	38 (D) Judge of the small claims court.
608	608	39 (E) Constable of the small claims court.
609	609	40 (6) City offices:
610	610	41 (A) Mayor.
611	611	42 (B) Clerk or clerk-treasurer.
612	612	2022 IN 1240—LS 6999/DI 75 15
613	613	1 (C) Judge of the city court.
614	614	2 (D) City-county council member or common council member.
615	615	3 (7) Town offices:
616	616	4 (A) Clerk-treasurer.
617	617	5 (B) Judge of the town court.
618	618	6 (C) Town council member.
619	619	7 (8) School board offices.
620	620	8 SECTION 18. IC 3-11-2-12.4, AS AMENDED BY P.L.109-2021,
621	621	9 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
622	622	10 JANUARY 1, 2023]: Sec. 12.4. (a) This section applies whenever more
623	623	11 than one (1) candidate may be elected to an office.
624	624	12 (b) The office shall be placed on the general election ballot after the
625	625	13 offices described in section 12 of this chapter. and before the offices
626	626	14 described in section 12.9 of this chapter.
627	627	15 (c) Whenever candidates are to be elected to a county council, city
628	628	16 common council, or town council that includes both an at-large
629	629	17 member and a member representing a district, the candidates seeking
630	630	18 election as an at-large member shall be placed on the ballot before
631	631	19 candidates seeking to represent a district.
632	632	20 (d) The ballot shall contain a statement reading substantially as
633	633	21 follows above the name of the first candidate: "To vote for any
634	634	22 candidate for this office, you must make a voting mark for each
635	635	23 candidate you wish to vote for. A straight party vote will not count as
636	636	24 a vote for any candidate for this office.".
637	637	25 SECTION 19. IC 3-11-2-12.9, AS AMENDED BY P.L.109-2021,
638	638	26 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
639	639	27 UPON PASSAGE]: Sec. 12.9. (a) School board offices to be elected at
640	640	28 the general election shall be placed on the general election ballot after
641	641	29 the offices described in section 12.4 of this chapter. with each
642	642	30 candidate for the office designated as "nonpartisan".
643	643	31 (b) If the ballot contains a candidate for a school board office, the
644	644	32 ballot must also contain a statement that reads substantially as follows:
645	645	33 "To vote for a candidate for this office, make a voting mark on or in the
646	646	34 square to the left of the candidate's name.".
647	647	35 (c) Whenever candidates are to be elected to a school board office
648	648	36 that includes both an at-large member and a member representing a
649	649	37 district, the candidates seeking election as an at-large member shall be
650	650	38 placed on the ballot before candidates seeking to represent a district.
651	651	39 (d) This section expires January 1, 2023.
652	652	40 SECTION 20. IC 3-11-2-13, AS AMENDED BY P.L.190-2011,
653	653	41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
654	654	42 JANUARY 1, 2023]: Sec. 13. (a) The following offices shall be placed
655	655	2022 IN 1240—LS 6999/DI 75 16
656	656	1 on the general election ballot in the following order after the offices
657	657	2 described in section 12.9 12.4 of this chapter:
658	658	3 (1) Retention of a justice of the supreme court.
659	659	4 (2) Retention of a judge of the court of appeals.
660	660	5 (3) Retention of the judge of the tax court.
661	661	6 (b) Whenever more than one (1) justice of the supreme court is
662	662	7 subject to retention, the name of each justice must appear on the ballot
663	663	8 in alphabetical order. However, if the justice serving as chief justice is
664	664	9 subject to retention, the chief justice's name must appear first.
665	665	10 (c) Whenever more than one (1) judge of the court of appeals is
666	666	11 subject to retention, the name of each judge must appear on the ballot
667	667	12 in alphabetical order. However, if the judge serving as chief judge is
668	668	13 subject to retention, the chief judge's name must appear first.
669	669	14 (d) These offices shall be placed in a separate column on the ballot.
670	670	15 SECTION 21. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
671	671	16 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
672	672	17 JANUARY 1, 2023]: Sec. 4. (a) Except as provided in subsection (b),
673	673	18 a ballot card voting system must permit a voter to vote:
674	674	19 (1) except at a primary election, a straight party ticket for all of
675	675	20 the candidates of one (1) political party by a single voting mark
676	676	21 on each ballot card;
677	677	22 (2) for one (1) or more candidates of each political party or
678	678	23 independent candidates, or for one (1) or more school board
679	679	24 candidates nominated by petition;
680	680	25 (3) a split ticket for the candidates of different political parties
681	681	26 and for independent candidates; or
682	682	27 (4) a straight party ticket and then split that ticket by casting
683	683	28 individual votes for candidates of another political party or
684	684	29 independent candidate.
685	685	30 (b) A ballot card voting system must require that a voter who wishes
686	686	31 to cast a ballot for a candidate for election to an at-large district to
687	687	32 which more than one person may be elected, on a:
688	688	33 (1) county council;
689	689	34 (2) city common council;
690	690	35 (3) town council; or
691	691	36 (4) township board; or
692	692	37 (5) school board;
693	693	38 make a voting mark for each individual candidate for whom the voter
694	694	39 wishes to cast a vote. The ballot card voting system may not count any
695	695	40 straight party ticket voting mark as a vote for any candidate for an
696	696	41 office described by this subsection.
697	697	42 (c) A ballot card voting system must permit a voter to vote:
698	698	2022 IN 1240—LS 6999/DI 75 17
699	699	1 (1) for all candidates for presidential electors and alternate
700	700	2 presidential electors of a political party or an independent ticket
701	701	3 by making a single voting mark; and
702	702	4 (2) for or against a public question on which the voter may vote.
703	703	5 SECTION 22. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
704	704	6 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
705	705	7 JANUARY 1, 2023]: Sec. 10. (a) Except as provided in subsection (b),
706	706	8 an electronic voting system must permit a voter to vote:
707	707	9 (1) except at a primary election, a straight party ticket for all the
708	708	10 candidates of one (1) political party by touching the device of that
709	709	11 party;
710	710	12 (2) for one (1) or more candidates of each political party or
711	711	13 independent candidates, or for one (1) or more school board
712	712	14 candidates nominated by petition;
713	713	15 (3) a split ticket for the candidates of different political parties
714	714	16 and for independent candidates; or
715	715	17 (4) a straight party ticket and then split that ticket by casting
716	716	18 individual votes for candidates of another political party or
717	717	19 independent candidates.
718	718	20 (b) An electronic voting system must require that a voter who
719	719	21 wishes to cast a ballot for a candidate for election to an at-large district
720	720	22 to which more than one person may be elected, on a:
721	721	23 (1) county council;
722	722	24 (2) city common council;
723	723	25 (3) town council; or
724	724	26 (4) township board; or
725	725	27 (5) school board;
726	726	28 make a voting mark for each individual candidate for whom the voter
727	727	29 wishes to cast a vote. The electronic voting system may not count any
728	728	30 straight party ticket voting mark as a vote for any candidate for an
729	729	31 office described by this subsection.
730	730	32 (c) An electronic voting system must permit a voter to vote:
731	731	33 (1) for as many candidates for an office as the voter may vote for,
732	732	34 but no more;
733	733	35 (2) for or against a public question on which the voter may vote,
734	734	36 but no other; and
735	735	37 (3) for all the candidates for presidential electors and alternate
736	736	38 presidential electors of a political party or an independent ticket
737	737	39 by making a single voting mark.
738	738	40 SECTION 23. IC 3-11-13-11, AS AMENDED BY P.L.193-2021,
739	739	41 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
740	740	42 JANUARY 1, 2023]: Sec. 11. (a) The ballot information, whether
741	741	2022 IN 1240—LS 6999/DI 75 18
742	742	1 placed on the ballot card or on the marking device, must be in the order
743	743	2 of arrangement provided for ballots under this section.
744	744	3 (b) Each county election board shall have the names of all
745	745	4 candidates for all elected offices, political party offices, and public
746	746	5 questions printed on a ballot card as provided in this chapter. The
747	747	6 county may:
748	748	7 (1) print all offices and questions on a single ballot card; and
749	749	8 (2) include a ballot variation code to ensure that the proper
750	750	9 version of a ballot is used within a precinct.
751	751	10 (c) Each type of ballot card must be of uniform size and of the same
752	752	11 quality and color of paper (except as permitted under IC 3-10-1-17).
753	753	12 (d) The nominees of a political party or an independent candidate
754	754	13 or independent ticket (described in IC 3-11-2-6) nominated by
755	755	14 petitioners shall be listed on the ballot with the name and device set
756	756	15 forth on the certification or petition. The circle containing the device
757	757	16 may be of any size that permits a voter to readily identify the device.
758	758	17 IC 3-11-2-5 applies if the certification or petition does not include a
759	759	18 name or device, or if the same device is selected by two (2) or more
760	760	19 parties or petitioners.
761	761	20 (e) The offices and public questions on the general election ballot
762	762	21 must be placed on the ballot in the order listed in IC 3-11-2-12,
763	763	22 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),
764	764	23 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
765	765	24 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
766	766	25 public questions may be listed in a continuous column either vertically
767	767	26 or horizontally and on a number of separate pages.
768	768	27 (f) The name of each office must be printed in a uniform size in bold
769	769	28 type. A statement reading substantially as follows must be placed
770	770	29 immediately below the name of the office and above the name of the
771	771	30 first candidate:
772	772	31 (1) "Vote for one (1) only.", if only one (1) candidate is to be
773	773	32 elected to the office.
774	774	33 (2) "Vote for not more than (insert the number of candidates to be
775	775	34 elected) candidate(s) for this office. To vote for any candidate for
776	776	35 this office, you must make a voting mark for each candidate you
777	777	36 wish to vote for. A straight party vote will not count as a vote for
778	778	37 any candidate for this office.", if more than one (1) candidate is to
779	779	38 be elected to the office.
780	780	39 (g) Below the name of the office and the statement required by
781	781	40 subsection (f), the names of the candidates for each office must be
782	782	41 grouped together in the following order:
783	783	42 (1) The major political party whose candidate received the highest
784	784	2022 IN 1240—LS 6999/DI 75 19
785	785	1 number of votes in the county for secretary of state at the last
786	786	2 election is listed first.
787	787	3 (2) The major political party whose candidate received the second
788	788	4 highest number of votes in the county for secretary of state is
789	789	5 listed second.
790	790	6 (3) All other political parties listed in the order that the parties'
791	791	7 candidates for secretary of state finished in the last election are
792	792	8 listed after the party listed in subdivision (2).
793	793	9 (4) If a political party did not have a candidate for secretary of
794	794	10 state in the last election or a nominee is an independent candidate
795	795	11 or independent ticket (described in IC 3-11-2-6), the party or
796	796	12 candidate is listed after the parties described in subdivisions (1),
797	797	13 (2), and (3).
798	798	14 (5) If more than one (1) political party or independent candidate
799	799	15 or ticket described in subdivision (4) qualifies to be on the ballot,
800	800	16 the parties, candidates, or tickets are listed in the order in which
801	801	17 the party filed its petition of nomination under IC 3-8-6-12.
802	802	18 (6) A space for write-in voting is placed after the candidates listed
803	803	19 in subdivisions (1) through (5), if required by law.
804	804	20 (7) The name of a write-in candidate may not be listed on the
805	805	21 ballot.
806	806	22 (h) The names of the candidates grouped in the order established by
807	807	23 subsection (g) must be printed in type with uniform capital letters and
808	808	24 have a uniform space between each name. The name of the candidate's
809	809	25 political party, or the word "Independent" if the:
810	810	26 (1) candidate; or
811	811	27 (2) ticket of candidates for:
812	812	28 (A) President and Vice President of the United States; or
813	813	29 (B) governor and lieutenant governor;
814	814	30 is independent, must be placed immediately below or beside the name
815	815	31 of the candidate and must be printed in a uniform size and type.
816	816	32 (i) All the candidates of the same political party for election to
817	817	33 at-large seats on the fiscal or legislative body of a political subdivision
818	818	34 must be grouped together:
819	819	35 (1) under the name of the office that the candidates are seeking;
820	820	36 (2) in the order established by subsection (g); and
821	821	37 (3) within the political party, in alphabetical order according to
822	822	38 surname.
823	823	39 A statement reading substantially as follows must be placed
824	824	40 immediately below the name of the office and above the name of the
825	825	41 first candidate: "Vote for not more than (insert the number of
826	826	42 candidates to be elected) candidate(s) of ANY party for this office.".
827	827	2022 IN 1240—LS 6999/DI 75 20
828	828	1 (j) Candidates for election to at-large seats on the governing body
829	829	2 of a school corporation must be grouped:
830	830	3 (1) under the name of the office that the candidates are seeking;
831	831	4 and
832	832	5 (2) in alphabetical order according to surname.
833	833	6 A statement reading substantially as follows must be placed
834	834	7 immediately below the name of the office and above the name of the
835	835	8 first candidate: "Vote for not more than (insert the number of
836	836	9 candidates to be elected) candidate(s) for this office.".
837	837	10 (k) (j) The following information must be placed at the top of the
838	838	11 ballot before the first public question is listed:
839	839	12 (1) The cautionary statement described in IC 3-11-2-7.
840	840	13 (2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
841	841	14 and IC 3-11-2-10(e).
842	842	15 (l) (k) The ballot must include a single connectable arrow, circle,
843	843	16 oval, or square, or a voting position for voting a straight party or an
844	844	17 independent ticket (described in IC 3-11-2-6) by one (1) mark as
845	845	18 required by section 14 of this chapter, and the single connectable
846	846	19 arrow, circle, oval, or square, or the voting position for casting a
847	847	20 straight party or an independent ticket ballot must be identified by:
848	848	21 (1) the name of the political party or independent ticket
849	849	22 (described in IC 3-11-2-6); and
850	850	23 (2) immediately below or beside the political party's or
851	851	24 independent ticket's name, the device of that party or ticket
852	852	25 (described in IC 3-11-2-5).
853	853	26 The name and device of each political party or independent ticket must
854	854	27 be of uniform size and type and arranged in the order established by
855	855	28 subsection (g) for listing candidates under each office. The instructions
856	856	29 described in IC 3-11-2-10(c) for voting a straight party ticket and the
857	857	30 statement concerning presidential electors required under IC 3-10-4-3
858	858	31 must be placed on the ballot label. The instructions for voting a straight
859	859	32 party ticket must include the statement: "If you do not wish to vote a
860	860	33 straight party ticket, do not make a mark in this section and proceed to
861	861	34 voting the ballot by office.".
862	862	35 (m) (l) A public question must be in the form described in
863	863	36 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
864	864	37 arrow, a circle, or an oval may be used instead of a square. Except as
865	865	38 expressly authorized or required by statute, a county election board
866	866	39 may not print a ballot card that contains language concerning the public
867	867	40 question other than the language authorized by a statute.
868	868	41 (n) (m) The requirements in this section:
869	869	42 (1) do not replace; and
870	870	2022 IN 1240—LS 6999/DI 75 21
871	871	1 (2) are in addition to;
872	872	2 any other requirements in this title that apply to optical scan ballots.
873	873	3 (o) (n) The procedure described in IC 3-11-2-16 must be used when
874	874	4 a ballot does not comply with the requirements imposed by this title or
875	875	5 contains another error or omission that might result in confusion or
876	876	6 mistakes by voters.
877	877	7 (p) (o) This subsection applies to an optical scan ballot that does not
878	878	8 list:
879	879	9 (1) the names of political parties or candidates; or
880	880	10 (2) the text of public questions;
881	881	11 on the face of the ballot. The ballot must be prepared in accordance
882	882	12 with this section, except that the ballot must include a numbered circle
883	883	13 or oval to refer to each political party, candidate, or public question.
884	884	14 SECTION 24. IC 3-11-14-3.5, AS AMENDED BY P.L.193-2021,
885	885	15 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
886	886	16 JANUARY 1, 2023]: Sec. 3.5. (a) Each county election board shall
887	887	17 have the names of all candidates for all elected offices, political party
888	888	18 offices, and public questions printed on ballot labels for use in an
889	889	19 electronic voting system as provided in this chapter.
890	890	20 (b) The county may:
891	891	21 (1) print all offices and public questions on a single ballot label;
892	892	22 and
893	893	23 (2) include a ballot variation code to ensure that the proper
894	894	24 version of a ballot label is used within a precinct.
895	895	25 (c) Each type of ballot label must be of uniform size and of the same
896	896	26 quality and color of paper (except as permitted under IC 3-10-1-17).
897	897	27 (d) The nominees of a political party or an independent candidate
898	898	28 or independent ticket (described in IC 3-11-2-6) nominated by
899	899	29 petitioners must be listed on the ballot label with the name and device
900	900	30 set forth on the certification or petition. The circle containing the
901	901	31 device may be of any size that permits a voter to readily identify the
902	902	32 device. IC 3-11-2-5 applies if the certification or petition does not
903	903	33 include a name or device, or if the same device is selected by two (2)
904	904	34 or more parties or petitioners.
905	905	35 (e) The ballot labels must list the offices and public questions on the
906	906	36 general election ballot in the order listed in IC 3-11-2-12,
907	907	37 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),
908	908	38 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
909	909	39 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
910	910	40 public question may have a separate screen, or the offices and public
911	911	41 questions may be listed in a continuous column either vertically or
912	912	42 horizontally.
913	913	2022 IN 1240—LS 6999/DI 75 22
914	914	1 (f) The name of each office must be printed in a uniform size in bold
915	915	2 type. A statement reading substantially as follows must be placed
916	916	3 immediately below the name of the office and above the name of the
917	917	4 first candidate:
918	918	5 (1) "Vote for one (1) only.", if only one (1) candidate is to be
919	919	6 elected to the office.
920	920	7 (2) "Vote for not more than (insert the number of candidates to be
921	921	8 elected) candidate(s) for this office. To vote for any candidate for
922	922	9 this office, you must make a voting mark for each candidate you
923	923	10 wish to vote for. A straight party vote will not count as a vote for
924	924	11 any candidate for this office.", if more than one (1) candidate is to
925	925	12 be elected to the office.
926	926	13 (g) Below the name of the office and the statement required by
927	927	14 subsection (f), the names of the candidates for each office must be
928	928	15 grouped together in the following order:
929	929	16 (1) The major political party whose candidate received the highest
930	930	17 number of votes in the county for secretary of state at the last
931	931	18 election is listed first.
932	932	19 (2) The major political party whose candidate received the second
933	933	20 highest number of votes in the county for secretary of state is
934	934	21 listed second.
935	935	22 (3) All other political parties listed in the order that the parties'
936	936	23 candidates for secretary of state finished in the last election are
937	937	24 listed after the party listed in subdivision (2).
938	938	25 (4) If a political party did not have a candidate for secretary of
939	939	26 state in the last election or a nominee is an independent candidate
940	940	27 or independent ticket (described in IC 3-11-2-6), the party or
941	941	28 candidate is listed after the parties described in subdivisions (1),
942	942	29 (2), and (3).
943	943	30 (5) If more than one (1) political party or independent candidate
944	944	31 or ticket described in subdivision (4) qualifies to be on the ballot,
945	945	32 the parties, candidates, or tickets are listed in the order in which
946	946	33 the party filed its petition of nomination under IC 3-8-6-12.
947	947	34 (6) A space for write-in voting is placed after the candidates listed
948	948	35 in subdivisions (1) through (5), if required by law. A space for
949	949	36 write-in voting for an office is not required if there are no
950	950	37 declared write-in candidates for that office. However, procedures
951	951	38 must be implemented to permit write-in voting for candidates for
952	952	39 federal offices.
953	953	40 (7) The name of a write-in candidate may not be listed on the
954	954	41 ballot.
955	955	42 (h) The names of the candidates grouped in the order established by
956	956	2022 IN 1240—LS 6999/DI 75 23
957	957	1 subsection (g) must be printed in type with uniform capital letters and
958	958	2 have a uniform space between each name. The name of the candidate's
959	959	3 political party, or the word "Independent", if the:
960	960	4 (1) candidate; or
961	961	5 (2) ticket of candidates for:
962	962	6 (A) President and Vice President of the United States; or
963	963	7 (B) governor and lieutenant governor;
964	964	8 is independent, must be placed immediately below or beside the name
965	965	9 of the candidate and must be printed in uniform size and type.
966	966	10 (i) All the candidates of the same political party for election to
967	967	11 at-large seats on the fiscal or legislative body of a political subdivision
968	968	12 must be grouped together:
969	969	13 (1) under the name of the office that the candidates are seeking;
970	970	14 (2) in the party order established by subsection (g); and
971	971	15 (3) within the political party, in alphabetical order according to
972	972	16 surname.
973	973	17 A statement reading substantially as follows must be placed
974	974	18 immediately below the name of the office and above the name of the
975	975	19 first candidate: "Vote for not more than (insert the number of
976	976	20 candidates to be elected) candidate(s) of ANY party for this office.".
977	977	21 (j) Candidates for election to at-large seats on the governing body
978	978	22 of a school corporation must be grouped:
979	979	23 (1) under the name of the office that the candidates are seeking;
980	980	24 and
981	981	25 (2) in alphabetical order according to surname.
982	982	26 A statement reading substantially as follows must be placed
983	983	27 immediately below the name of the office and above the name of the
984	984	28 first candidate: "Vote for not more than (insert the number of
985	985	29 candidates to be elected) candidate(s) for this office.".
986	986	30 (k) (j) The cautionary statement described in IC 3-11-2-7 must be
987	987	31 placed at the top or beginning of the ballot label before the first public
988	988	32 question is listed.
989	989	33 (l) (k) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
990	990	34 and IC 3-11-2-10(e) may be:
991	991	35 (1) placed on the ballot label; or
992	992	36 (2) posted in a location within the voting booth that permits the
993	993	37 voter to easily read the instructions.
994	994	38 (m) (l) Except as provided in section 14.5 of this chapter, the ballot
995	995	39 label must include a touch sensitive point or button for voting a straight
996	996	40 political party or independent ticket (described in IC 3-11-2-6) by one
997	997	41 (1) touch, and the touch sensitive point or button must be identified by:
998	998	42 (1) the name of the political party or independent ticket; and
999	999	2022 IN 1240—LS 6999/DI 75 24
1000	1000	1 (2) immediately below or beside the political party's or
1001	1001	2 independent ticket's name, the device of that party or ticket
1002	1002	3 (described in IC 3-11-2-5).
1003	1003	4 The name and device of each party or ticket must be of uniform size
1004	1004	5 and type, and arranged in the order established by subsection (g) for
1005	1005	6 listing candidates under each office. The instructions described in
1006	1006	7 IC 3-11-2-10(c) for voting a straight party ticket and the statement
1007	1007	8 concerning presidential electors required under IC 3-10-4-3 must be
1008	1008	9 placed on the ballot label. The instructions for voting a straight party
1009	1009	10 ticket must include the statement: "If you do not wish to vote a straight
1010	1010	11 party ticket, press "NEXT" (or replace "NEXT" with the term used by
1011	1011	12 that voting system to permit a voter to skip a ballot screen) to continue
1012	1012	13 voting.".
1013	1013	14 (n) (m) A public question must be in the form described in
1014	1014	15 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
1015	1015	16 point or button must be used instead of a square. Except as expressly
1016	1016	17 authorized or required by statute, a county election board may not print
1017	1017	18 a ballot label that contains language concerning the public question
1018	1018	19 other than the language authorized by a statute.
1019	1019	20 (o) (n) The requirements in this section:
1020	1020	21 (1) do not replace; and
1021	1021	22 (2) are in addition to;
1022	1022	23 any other requirements in this title that apply to ballots for electronic
1023	1023	24 voting systems.
1024	1024	25 (p) (o) The procedure described in IC 3-11-2-16 must be used when
1025	1025	26 a ballot label does not comply with the requirements imposed by this
1026	1026	27 title or contains another error or omission that might result in confusion
1027	1027	28 or mistakes by voters.
1028	1028	29 SECTION 25. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
1029	1029	30 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1030	1030	31 JANUARY 1, 2023]: Sec. 7. (a) This subsection applies whenever a
1031	1031	32 voter:
1032	1032	33 (1) votes a straight party ticket; and
1033	1033	34 (2) votes only for one (1) or more individual candidates who are
1034	1034	35 all of the same political party as the straight ticket vote.
1035	1035	36 Except as provided in subsection (d) or (e), the straight ticket vote shall
1036	1036	37 be counted and the individual candidate votes may not be counted.
1037	1037	38 (b) This subsection applies whenever:
1038	1038	39 (1) a voter has voted a straight party ticket for the candidates of
1039	1039	40 one (1) political party;
1040	1040	41 (2) only one (1) person may be elected to an office; and
1041	1041	42 (3) the voter has voted for one (1) individual candidate for the
1042	1042	2022 IN 1240—LS 6999/DI 75 25
1043	1043	1 office described in subdivision (2) who is:
1044	1044	2 (A) a candidate of a political party other than the party for
1045	1045	3 which the voter voted a straight ticket; or
1046	1046	4 (B) an independent candidate or declared write-in candidate
1047	1047	5 for the office.
1048	1048	6 If the voter has voted for one (1) individual candidate for the office
1049	1049	7 described in subdivision (2), the individual candidate vote for that
1050	1050	8 office shall be counted, the straight party ticket vote for that office may
1051	1051	9 not be counted, and the straight party ticket votes for other offices on
1052	1052	10 the ballot shall be counted.
1053	1053	11 (c) This subsection applies whenever:
1054	1054	12 (1) a voter has voted a straight party ticket for the candidates of
1055	1055	13 one (1) political party; and
1056	1056	14 (2) the voter has voted for more individual candidates for the
1057	1057	15 office than the number of persons to be elected to that office.
1058	1058	16 The individual candidate votes for that office may not be counted, the
1059	1059	17 straight party ticket vote for that office may not be counted, and the
1060	1060	18 straight party ticket votes for other offices on the ballot shall be
1061	1061	19 counted.
1062	1062	20 (d) This subsection applies whenever:
1063	1063	21 (1) a voter has voted a straight party ticket for the candidates of
1064	1064	22 one (1) political party;
1065	1065	23 (2) more than one (1) person may be elected to an office; and
1066	1066	24 (3) the voter has voted for individual candidates for the office
1067	1067	25 described in subdivision (2) who are:
1068	1068	26 (A) independent candidates or declared write-in candidates;
1069	1069	27 (B) candidates of a political party other than the political party
1070	1070	28 for which the voter cast a straight party ticket under
1071	1071	29 subdivision (1); or
1072	1072	30 (C) a combination of candidates described in clauses (A) and
1073	1073	31 (B).
1074	1074	32 The individual votes cast by the voter for the office for the independent
1075	1075	33 candidates, declared write-in candidates, and the candidates of a
1076	1076	34 political party other than the political party for which the voter cast a
1077	1077	35 straight party ticket shall be counted unless the total number of these
1078	1078	36 individual votes is greater than the number of persons to be elected to
1079	1079	37 the office. The straight party ticket votes for the office shall not be
1080	1080	38 counted. The straight party ticket votes for other offices on the voter's
1081	1081	39 ballot shall be counted.
1082	1082	40 (e) This subsection applies whenever:
1083	1083	41 (1) a voter has voted a straight party ticket for the candidates of
1084	1084	42 one (1) political party;
1085	1085	2022 IN 1240—LS 6999/DI 75 26
1086	1086	1 (2) more than one (1) person may be elected to an office; and
1087	1087	2 (3) the voter has voted for individual candidates for the office
1088	1088	3 described in subdivision (2) who are:
1089	1089	4 (A) independent candidates, declared write-in candidates, or
1090	1090	5 candidates of a political party other than the political party for
1091	1091	6 which the voter cast a straight party ticket under subdivision
1092	1092	7 (1); and
1093	1093	8 (B) candidates of the same political party for which the voter
1094	1094	9 cast a straight party ticket under subdivision (1).
1095	1095	10 The individual votes cast by the voter for the office for the independent
1096	1096	11 candidates, the declared write-in candidates, and the candidates of a
1097	1097	12 political party other than the political party for which the voter cast a
1098	1098	13 straight party ticket, and the candidates of the political party for which
1099	1099	14 the voter cast a straight party ticket shall be counted unless the total
1100	1100	15 number of these individual votes is greater than the number of persons
1101	1101	16 to be elected to the office. The straight party ticket votes for the office
1102	1102	17 shall not be counted. The straight party ticket votes for other offices on
1103	1103	18 the voter's ballot shall be counted.
1104	1104	19 (f) If a voter votes a straight party ticket for more than one (1)
1105	1105	20 political party, the whole ballot is void with regard to all candidates
1106	1106	21 nominated by a political party, declared write-in candidates, or
1107	1107	22 candidates designated as independent candidates on the ballot.
1108	1108	23 However, the voter's vote for a school board candidate or on a public
1109	1109	24 question shall be counted if otherwise valid under this chapter.
1110	1110	25 (g) If a voter does not vote a straight party ticket and the number of
1111	1111	26 votes cast by that voter for the candidates for an office are less than or
1112	1112	27 equal to the number of openings for that office, the individual
1113	1113	28 candidates votes shall be counted.
1114	1114	29 (h) If a voter does not vote a straight party ticket and the number of
1115	1115	30 votes cast by that voter for an office exceeds the number of openings
1116	1116	31 for that office, none of the votes concerning that office may be counted.
1117	1117	32 SECTION 26. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
1118	1118	33 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1119	1119	34 JANUARY 1, 2023]: Sec. 3. Whenever a circuit court clerk receives
1120	1120	35 certification that a tie vote at an election for a local office or a school
1121	1121	36 board office occurred, the clerk shall immediately send a written notice
1122	1122	37 of the tie vote to the following:
1123	1123	38 (1) If the tie vote occurred in an election for a local office, the
1124	1124	39 fiscal body of the affected political subdivision. or
1125	1125	40 (2) If the tie vote occurred in an election for a circuit office in a
1126	1126	41 circuit that includes more than one county, to the fiscal body of
1127	1127	42 each county of the circuit.
1128	1128	2022 IN 1240—LS 6999/DI 75 27
1129	1129	1 (3) If the tie vote occurred in an election for a school board
1130	1130	2 office, the school board of the affected school corporation.
1131	1131	3 SECTION 27. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
1132	1132	4 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1133	1133	5 JANUARY 1, 2023]: Sec. 4. (a) This section does not apply if a tie
1134	1134	6 vote occurred in an election for a school board office.
1135	1135	7 (a) (b) The fiscal body of a political subdivision that receives notice
1136	1136	8 under section 3 of this chapter shall resolve the tie vote by electing a
1137	1137	9 person to fill the office not later than December 31 following the
1138	1138	10 election at which the tie vote occurred. The fiscal body shall select one
1139	1139	11 (1) of the candidates who was involved in the tie vote to fill the office.
1140	1140	12 (b) (c) If a tie vote has occurred in an election for a circuit office in
1141	1141	13 a circuit that contains more than one (1) county, the fiscal bodies of the
1142	1142	14 counties shall meet in joint session at the county seat of the county that
1143	1143	15 contains the greatest percentage of population of the circuit to select
1144	1144	16 one (1) of the candidates who was involved in the tie vote in order to
1145	1145	17 fill the office in accordance with this section.
1146	1146	18 (c) (d) If a tie vote has occurred for the election of more than one (1)
1147	1147	19 at-large seat on a legislative or fiscal body, the fiscal body shall select
1148	1148	20 the number of individuals necessary to fill each of the at-large seats for
1149	1149	21 which the tie vote occurred. However, a member of a fiscal body who
1150	1150	22 runs for reelection and is involved in a tie vote may not cast a vote
1151	1151	23 under this section.
1152	1152	24 (d) (e) The executive of the political subdivision (other than a town
1153	1153	25 or a school corporation) may cast the deciding vote to break a tie vote
1154	1154	26 in a fiscal body acting under this section. The clerk-treasurer of the
1155	1155	27 town may cast the deciding vote to break a tie vote in a town fiscal
1156	1156	28 body acting under this section. A tie vote in the fiscal body of a school
1157	1157	29 corporation under this section shall be broken under IC 20-23.
1158	1158	30 SECTION 28. IC 3-12-9-5 IS AMENDED TO READ AS
1159	1159	31 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 5. Whenever a tie
1160	1160	32 vote at an election for:
1161	1161	33 (1) a state office; or
1162	1162	34 (2) a local office; or
1163	1163	35 (3) a school board office;
1164	1164	36 occurs, the incumbent public official remains in office in accordance
1165	1165	37 with Article 15, Section 3 of the Constitution of the State of Indiana
1166	1166	38 until a successor is elected under this chapter and qualified.
1167	1167	39 SECTION 29. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
1168	1168	40 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1169	1169	41 UPON PASSAGE]:
1170	1170	42 Chapter 10.5. School Corporation Governing Body; Resolving
1171	1171	2022 IN 1240—LS 6999/DI 75 28
1172	1172	1 Tie Votes; Filling Vacancies
1173	1173	2 Sec. 1. As used in this chapter, "governing body" refers to either
1174	1174	3 of the following:
1175	1175	4 (1) The governing body of a school corporation.
1176	1176	5 (2) The school advisory body of a school corporation.
1177	1177	6 Sec. 2. (a) This section applies if the governing body receives
1178	1178	7 notice under IC 3-12-9-3 that a tie vote has occurred in the election
1179	1179	8 of a member of the governing body.
1180	1180	9 (b) If a tie vote occurs at an election for a member of the
1181	1181	10 governing body and one (1) of the candidates involved in the tie
1182	1182	11 vote is an incumbent member of the governing body, the incumbent
1183	1183	12 member remains in office in accordance with Article 15, Section 3
1184	1184	13 of the Constitution of the State of Indiana until a successor is
1185	1185	14 elected and qualified as provided in this section.
1186	1186	15 (c) The members of the governing body shall resolve the tie vote
1187	1187	16 by electing one (1) individual from among the candidates who was
1188	1188	17 involved in the tie vote to fill the office.
1189	1189	18 (d) If a tie vote has occurred for the election of more than one
1190	1190	19 (1) at-large seat on the governing body, the governing body shall
1191	1191	20 select the number of individuals necessary to fill each of the
1192	1192	21 at-large seats for which the tie vote occurred from among the
1193	1193	22 candidates who were involved in the tie vote.
1194	1194	23 (e) If a member of the governing body is one (1) of the
1195	1195	24 candidates involved in the tie vote, that member may not cast a
1196	1196	25 vote under this section.
1197	1197	26 (f) The governing body shall act under this section not later than
1198	1198	27 December 31 following the election at which the tie vote occurred.
1199	1199	28 Sec. 3. (a) A vacancy on the governing body in an office that was
1200	1200	29 last held by an individual elected or selected as a candidate of a
1201	1201	30 major political party of Indiana shall be filled by a caucus under
1202	1202	31 IC 3-13-11.
1203	1203	32 (b) A vacancy on the governing body in an office that was last
1204	1204	33 held by an individual elected as a candidate other than as a
1205	1205	34 candidate of a major political party of Indiana shall be filled as
1206	1206	35 provided in IC 20-26-4.
1207	1207	36 SECTION 30. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
1208	1208	37 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1209	1209	38 UPON PASSAGE]: Sec. 29.1. (a) This section applies to each school
1210	1210	39 corporation.
1211	1211	40 (b) If a plan provides for election of members of the governing
1212	1212	41 body, the members of the governing body shall be elected at a general
1213	1213	42 election. Each candidate must file a petition of nomination in
1214	1214	2022 IN 1240—LS 6999/DI 75 29
1215	1215	1 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
1216	1216	2 (10) registered voters residing within the boundaries of the community
1217	1217	3 school corporation. The filing must be made within the time specified
1218	1218	4 by IC 3-8-2.5-4. The following applies to the election of members of
1219	1219	5 the governing body:
1220	1220	6 (1) The plan determines whether members are elected:
1221	1221	7 (A) by all the voters of the school corporation;
1222	1222	8 (B) by all the voters of the school corporation from
1223	1223	9 residence districts; or
1224	1224	10 (C) solely by the voters of each election district established
1225	1225	11 under the plan.
1226	1226	12 (2) IC 3 governs the nomination and election of members of
1227	1227	13 the governing body. Before January 1, 2023, candidates shall
1228	1228	14 be nominated as provided in IC 3-8-2.5. After December 31,
1229	1229	15 2022, a candidate must be nominated as provided in IC 3-8-2
1230	1230	16 or IC 3-8-6, whichever is applicable to the particular
1231	1231	17 candidate.
1232	1232	18 (c) All nominations shall be listed for each office in the form
1233	1233	19 prescribed by IC 3-11-2, but without party designation. Voting and
1234	1234	20 tabulation of votes shall be conducted in the same manner as voting
1235	1235	21 and tabulation in general elections are conducted. The precinct election
1236	1236	22 boards serving in each county shall conduct the election for members
1237	1237	23 of the governing body. If a school corporation is located in more than
1238	1238	24 one (1) county, each county election board shall print the ballots
1239	1239	25 required for voters in that county to vote for candidates for members of
1240	1240	26 the governing body.
1241	1241	27 (d) If the plan provides that the members of the governing body
1242	1242	28 shall be elected by all the voters of the community school corporation,
1243	1243	29 candidates shall be placed on the ballot in the form prescribed by
1244	1244	30 IC 3-11-2, without party designation. The candidates who receive the
1245	1245	31 most votes are elected.
1246	1246	32 (e) If the plan provides that members of the governing body are to
1247	1247	33 be elected from residence districts by all voters in the community
1248	1248	34 school corporation, nominees for the governing body shall be placed on
1249	1249	35 the ballot in the form prescribed by IC 3-11-2, by residence districts
1250	1250	36 without party designation. The ballot must state the number of
1251	1251	37 members to be voted on and the maximum number of members that
1252	1252	38 may be elected from each residence district as provided in the plan. A
1253	1253	39 ballot is not valid if more than the maximum number of members are
1254	1254	40 voted on from a board member residence district. The candidates who
1255	1255	41 receive the most votes are elected. However, if more than the
1256	1256	42 maximum number that may be elected from a residence district are
1257	1257	2022 IN 1240—LS 6999/DI 75 30
1258	1258	1 among those receiving the most votes, the candidates from the
1259	1259	2 residence districts exceeding the maximum number who receive the
1260	1260	3 fewest votes shall be eliminated in determining the candidates who are
1261	1261	4 elected.
1262	1262	5 (f) If the plan provides that members of the governing body are to
1263	1263	6 be elected from electoral districts solely by the voters of each district,
1264	1264	7 nominees residing in each electoral district shall be placed on the ballot
1265	1265	8 in the form prescribed by IC 3-11-2, without party designation. The
1266	1266	9 ballot must state the number of members to be voted on from the
1267	1267	10 electoral district. The candidates residing in the electoral district who
1268	1268	11 receive the most votes are elected.
1269	1269	12 SECTION 31. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
1270	1270	13 SECTION 102, IS AMENDED TO READ AS FOLLOWS
1271	1271	14 [EFFECTIVE UPON PASSAGE]: Sec. 30. (a) This section applies to
1272	1272	15 each school corporation.
1273	1273	16 (b) If a tie vote occurs among any of the candidates, the tie vote
1274	1274	17 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
1275	1275	18 (c) If after the first governing body takes office, fewer candidates
1276	1276	19 have been elected to the school board than there were members to be
1277	1277	20 elected, the governing body shall determine not later than noon
1278	1278	21 December 31 following the election which incumbent member or
1279	1279	22 members continue to hold office under Article 15, Section 3 of the
1280	1280	23 Constitution of the State of Indiana until a successor is elected and
1281	1281	24 qualified. However,
1282	1282	25 (d) If there is a vacancy on the governing body, whether the
1283	1283	26 vacating member was elected or appointed, the remaining members of
1284	1284	27 the governing body, whether or not a majority of the governing body,
1285	1285	28 shall by a majority vote fill the vacancy by appointing a person from
1286	1286	29 within the boundaries of the community school corporation to serve for
1287	1287	30 the term or balance of the term. An individual appointed under this
1288	1288	31 subsection must possess the qualifications provided for a regularly
1289	1289	32 elected or appointed governing body member filling the office. If:
1290	1290	33 (1) a tie vote occurs among the members of the governing body
1291	1291	34 under this subsection or IC 3-12-9-4; or
1292	1292	35 (2) the governing body fails to act within thirty (30) days after any
1293	1293	36 vacancy occurs;
1294	1294	37 the judge of the circuit court in the county where the majority of
1295	1295	38 registered voters of the school corporation reside shall make the
1296	1296	39 appointment. the vacancy shall be filled as provided in
1297	1297	40 IC 3-13-10.5-3.
1298	1298	41 (d) (e) A vacancy in the governing body occurs if a member ceases
1299	1299	42 to be a resident of any the community school corporation. A vacancy
1300	1300	2022 IN 1240—LS 6999/DI 75 31
1301	1301	1 does not occur when the member moves from a district of the school
1302	1302	2 corporation from which the member was elected or appointed if the
1303	1303	3 member continues to be a resident of the school corporation.
1304	1304	4 (e) (f) At the first general election in which members of the
1305	1305	5 governing body are elected:
1306	1306	6 (1) a simple majority of the candidates elected as members of the
1307	1307	7 governing body who receive the greatest number of votes shall be
1308	1308	8 elected for four (4) year terms; and
1309	1309	9 (2) the balance of the candidates elected as members of the
1310	1310	10 governing body receiving the next greatest number of votes shall
1311	1311	11 be elected for two (2) year terms.
1312	1312	12 Thereafter, all school board members shall be elected for four (4) year
1313	1313	13 terms.
1314	1314	14 (f) (g) Elected governing body members take office and assume
1315	1315	15 their duties on the date set in the school corporation's organization plan.
1316	1316	16 The date set in the organization plan for an elected member of the
1317	1317	17 governing body to take office may not be more than fourteen (14)
1318	1318	18 months after the date of the member's election. If the school
1319	1319	19 corporation's organization plan does not set a date for an elected
1320	1320	20 member of the governing body to take office, the member takes office
1321	1321	21 January 1 immediately after the member's election.
1322	1322	22 SECTION 32. IC 20-23-4-35, AS AMENDED BY P.L.271-2013,
1323	1323	23 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1324	1324	24 UPON PASSAGE]: Sec. 35. (a) The governing body of a school
1325	1325	25 corporation may be organized under this section.
1326	1326	26 (b) The governing body consists of seven (7) members, elected as
1327	1327	27 follows:
1328	1328	28 (1) Four (4) members elected from districts, with one (1) member
1329	1329	29 serving from each election district. A member elected under this
1330	1330	30 subdivision must be:
1331	1331	31 (A) a resident of the election district from which the member
1332	1332	32 is elected; and
1333	1333	33 (B) voted upon by only the registered voters residing within
1334	1334	34 the election district and voting at a governing body election.
1335	1335	35 (2) Three (3) members, who are voted upon by all the registered
1336	1336	36 voters residing within the school corporation and voting at a
1337	1337	37 governing body election, elected under this subdivision. The
1338	1338	38 governing body shall establish three (3) residential districts as
1339	1339	39 follows:
1340	1340	40 (A) One (1) residential district must be the township that has
1341	1341	41 the greatest population within the school corporation.
1342	1342	42 (B) Two (2) residential districts must divide the remaining
1343	1343	2022 IN 1240—LS 6999/DI 75 32
1344	1344	1 area within the school corporation.
1345	1345	2 Only one (1) member who resides within a particular residential
1346	1346	3 district established under this subdivision may serve on the
1347	1347	4 governing body at a time.
1348	1348	5 (c) A member of the governing body who is:
1349	1349	6 (1) elected from an election or a residential district; or
1350	1350	7 (2) appointed to fill a vacancy from an election or a residential
1351	1351	8 district;
1352	1352	9 must reside within the boundaries of the district the member represents.
1353	1353	10 (d) A vacancy on the governing body shall be filled by the
1354	1354	11 governing body as soon as practicable after the vacancy occurs. A
1355	1355	12 member chosen by the governing body to fill a vacancy holds office for
1356	1356	13 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
1357	1357	14 (e) The members of the governing body serving at the time a plan
1358	1358	15 is amended under this section shall establish the election and
1359	1359	16 residential districts described in subsection (b).
1360	1360	17 (f) The election districts described in subsection (b)(1):
1361	1361	18 (1) shall be drawn on the basis of precinct lines;
1362	1362	19 (2) may not cross precinct lines; and
1363	1363	20 (3) as nearly as practicable, be of equal population, with the
1364	1364	21 population of the largest exceeding the population of the smallest
1365	1365	22 by not more than fifteen percent (15%).
1366	1366	23 (g) The residential districts described in subsection (b)(2) may:
1367	1367	24 (1) be drawn in any manner considered appropriate by the
1368	1368	25 governing body; and
1369	1369	26 (2) be drawn along township lines.
1370	1370	27 (h) The governing body shall certify the districts that are established
1371	1371	28 under subsections (f) and (g), amended under subsection (e), or
1372	1372	29 recertified under section 35.5 of this chapter to:
1373	1373	30 (1) the state board; and
1374	1374	31 (2) the circuit court clerk of each county in which the school
1375	1375	32 corporation is located as provided in section 35.5 of this chapter.
1376	1376	33 (i) The governing body shall designate:
1377	1377	34 (1) three (3) of the districts established under this section to be
1378	1378	35 elected at the first school board election that occurs after the
1379	1379	36 effective date of the plan; and
1380	1380	37 (2) the remaining four (4) districts to be elected at the second
1381	1381	38 school board election that occurs after the effective date of the
1382	1382	39 plan.
1383	1383	40 (j) The limitations set forth in this section are part of the plan, but
1384	1384	41 do not have to be specifically set forth in the plan. The plan must be
1385	1385	42 construed, if possible, to comply with this chapter. If a provision of the
1386	1386	2022 IN 1240—LS 6999/DI 75 33
1387	1387	1 plan or an application of the plan violates this chapter, the invalidity
1388	1388	2 does not affect the other provisions or applications of the plan that can
1389	1389	3 be given effect without the invalid provision or application. The
1390	1390	4 provisions of the plan are severable.
1391	1391	5 (k) If a conflict exists between:
1392	1392	6 (1) a map showing the boundaries of a district; and
1393	1393	7 (2) a description of the boundaries of that district set forth in the
1394	1394	8 plan or plan amendment;
1395	1395	9 the district boundaries are the description of the boundaries set forth in
1396	1396	10 the plan or plan amendment, not the boundaries shown on the map, to
1397	1397	11 the extent there is a conflict between the description and the map.
1398	1398	12 SECTION 33. IC 20-23-4-44, AS AMENDED BY P.L.119-2012,
1399	1399	13 SECTION 145, IS AMENDED TO READ AS FOLLOWS
1400	1400	14 [EFFECTIVE UPON PASSAGE]: Sec. 44. (a) This section applies only
1401	1401	15 to a school corporation with territory in a county having a population
1402	1402	16 of more than one hundred seventy eighty-five thousand (170,000)
1403	1403	17 (185,000) but and less than one two hundred seventy-five thousand
1404	1404	18 (175,000). (200,000).
1405	1405	19 (b) This section applies If there is a
1406	1406	20 (1) tie vote in an election for a member of the governing body of
1407	1407	21 a school corporation, or
1408	1408	22 (2) vacancy on the governing body of a school corporation.
1409	1409	23 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1410	1410	24 (c) Notwithstanding any other law, If a tie vote occurs among any
1411	1411	25 of the candidates for the governing body or a vacancy occurs on the
1412	1412	26 governing body, the remaining members of the governing body, even
1413	1413	27 if the remaining members do not constitute a majority of the governing
1414	1414	28 body, shall by a majority vote of the remaining members:
1415	1415	29 (1) select one (1) of the candidates who shall be declared and
1416	1416	30 certified elected; or
1417	1417	31 (2) fill the vacancy by appointing an individual to fill the vacancy.
1418	1418	32 the vacancy shall be filled as provided in IC 3-13-10.5-3.
1419	1419	33 (d) An individual appointed to fill a vacancy under subsection
1420	1420	34 (c)(2):
1421	1421	35 (1) must satisfy all the qualifications required of a member of the
1422	1422	36 governing body; and
1423	1423	37 (2) shall fill the remainder of the unexpired term of the vacating
1424	1424	38 member.
1425	1425	39 (e) If a tie vote occurs among the remaining members of the
1426	1426	40 governing body or the governing body fails to act within thirty (30)
1427	1427	41 days after the election or the vacancy occurs, the fiscal body (as
1428	1428	42 defined in IC 3-5-2-25) of the township in which the greatest
1429	1429	2022 IN 1240—LS 6999/DI 75 34
1430	1430	1 percentage of population of the school district resides shall break the
1431	1431	2 tie or make the appointment. A member of the fiscal body who was a
1432	1432	3 candidate and is involved in a tie vote may not cast a vote under this
1433	1433	4 subsection.
1434	1434	5 (f) If the fiscal body of a township is required to act under this
1435	1435	6 section and a vote in the fiscal body results in a tie, the deciding vote
1436	1436	7 to break the tie vote shall be cast by the executive.
1437	1437	8 SECTION 34. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
1438	1438	9 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1439	1439	10 UPON PASSAGE]: Sec. 8.1. (a) The registered voters of the
1440	1440	11 metropolitan school district shall elect the members of the metropolitan
1441	1441	12 board of education at general elections held biennially, beginning with
1442	1442	13 the next general election that is held more than sixty (60) days after the
1443	1443	14 creation of the metropolitan school district as provided in this chapter.
1444	1444	15 (b) Each nominee for the board must file a petition of nomination
1445	1445	16 signed by the nominee and by ten (10) registered voters residing in the
1446	1446	17 same board member district as the nominee. The petition must be filed
1447	1447	18 in accordance with IC 3-8-2.5 with the circuit court clerk of each
1448	1448	19 county in which the metropolitan school district is located.
1449	1449	20 (c) Nominees for the board shall be listed on the general election
1450	1450	21 ballot:
1451	1451	22 (1) in the form prescribed by IC 3-11-2;
1452	1452	23 (2) by board member districts; and
1453	1453	24 (3) without party designation.
1454	1454	25 The ballot must state the number of board members to be voted on and
1455	1455	26 the maximum number of members that may be elected from each board
1456	1456	27 member district as provided under section 5 of this chapter. A ballot
1457	1457	28 that contains more votes than the maximum number allowed from a
1458	1458	29 board member district is invalid.
1459	1459	30 (d) The precinct election boards in each county serving at the
1460	1460	31 general election shall conduct the election for school board members.
1461	1461	32 (e) Voting and tabulation of votes shall be conducted in accordance
1462	1462	33 with IC 3, and the candidates who receive the most votes are elected to
1463	1463	34 the board.
1464	1464	35 (f) If there are more candidates from a particular board member
1465	1465	36 district than may be elected from the board member district under
1466	1466	37 section 5 of this chapter:
1467	1467	38 (1) the number of candidates elected is the greatest number that
1468	1468	39 may be elected from the board member district;
1469	1469	40 (2) the candidates elected are those who, among the candidates
1470	1470	41 from the board member district, receive the most votes; and
1471	1471	42 (3) the other candidates from the board member district are
1472	1472	2022 IN 1240—LS 6999/DI 75 35
1473	1473	1 eliminated.
1474	1474	2 (b) IC 3 governs the nomination and election of candidates.
1475	1475	3 Before January 1, 2023, candidates shall be nominated as provided
1476	1476	4 in IC 3-8-2.5. After December 31, 2022, a candidate must be
1477	1477	5 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever is
1478	1478	6 applicable to the particular candidate.
1479	1479	7 (g) (c) If there is a tie vote among the candidates for the board, the
1480	1480	8 judge of the circuit court in the county where the majority of the
1481	1481	9 registered voters of the metropolitan school district reside shall select
1482	1482	10 one (1) of the candidates who shall be declared and certified elected.
1483	1483	11 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1484	1484	12 (h) (d) If, at any time after the first board member election, A
1485	1485	13 vacancy on the board that occurs for any reason including an
1486	1486	14 insufficient number of petitions for candidates being filed, and
1487	1487	15 regardless of whether the vacating member was elected or appointed,
1488	1488	16 the remaining members of the board, whether or not a majority of the
1489	1489	17 board, shall by a majority vote fill the vacancy by:
1490	1490	18 (1) appointing a person from the board member district from
1491	1491	19 which the person who vacated the board was elected; or
1492	1492	20 (2) if the person was appointed, appointing a person from the
1493	1493	21 board member district from which the last elected predecessor of
1494	1494	22 the person was elected.
1495	1495	23 If a majority of the remaining members of the board is unable to agree
1496	1496	24 or the board fails to act within thirty (30) days after a vacancy occurs,
1497	1497	25 the judge of the circuit court in the county where the majority of
1498	1498	26 registered voters of the metropolitan school district reside shall make
1499	1499	27 the appointment. shall be filled as provided in IC 3-13-10.5-3.
1500	1500	28 (i) At a general election held on the earlier of:
1501	1501	29 (1) more than sixty (60) days after an elected board member
1502	1502	30 vacates membership on the board; or
1503	1503	31 (2) immediately before the end of the term for which the vacating
1504	1504	32 member was elected;
1505	1505	33 a successor to a board member appointed under subsection (h) shall be
1506	1506	34 elected. Unless the successor takes office at the end of the term of the
1507	1507	35 vacating member, the member shall serve only for the balance of the
1508	1508	36 vacating member's term. In an election for a successor board member
1509	1509	37 to fill a vacancy for a two (2) year balance of a term, candidates for
1510	1510	38 board membership need not file for or with reference to the vacancy.
1511	1511	39 However, as required by IC 3-11-2, candidates for at-large seats must
1512	1512	40 be distinguished on the ballot from candidates for district seats. If there
1513	1513	41 is more than one (1) at-large seat on the ballot due to this vacancy, the
1514	1514	42 elected candidate who receives the fewest votes at the election at which
1515	1515	2022 IN 1240—LS 6999/DI 75 36
1516	1516	1 the successor is elected shall serve for a two (2) year term.
1517	1517	2 (j) (e) At the first general election where members of the board are
1518	1518	3 elected under this section, the elected candidates who constitute a
1519	1519	4 simple majority of the elected candidates and who receive the most
1520	1520	5 votes shall be elected for four (4) year terms, and the other elected
1521	1521	6 candidates shall be elected for two (2) year terms.
1522	1522	7 (k) (f) Board members shall be elected for four (4) year terms after
1523	1523	8 the first election and shall take office on the date set in the school
1524	1524	9 corporation's organization plan. The date set in the organization plan
1525	1525	10 for an elected member of the governing body to take office may not be
1526	1526	11 more than fourteen (14) months after the date of the member's election.
1527	1527	12 If the school corporation's organization plan does not set a date for an
1528	1528	13 elected member of the governing body to take office, the member takes
1529	1529	14 office January 1 immediately following the member's election.
1530	1530	15 SECTION 35. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
1531	1531	16 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1532	1532	17 UPON PASSAGE]: Sec. 8. (a) The board members of a merged school
1533	1533	18 corporation shall be elected at the first general election following the
1534	1534	19 merged school corporation's creation, and vacancies shall be filled in
1535	1535	20 accordance with IC 20-23-4-30. IC 3-13-10.5-3.
1536	1536	21 (b) Until the first election under subsection (a), the board of trustees
1537	1537	22 of the merged school corporation consists of the members of the
1538	1538	23 governing body of a school corporation in the county.
1539	1539	24 (c) The first board of trustees shall select the name of the merged
1540	1540	25 school corporation by a majority vote. The name may be changed by
1541	1541	26 unanimous vote of the governing body of the merged school
1542	1542	27 corporation.
1543	1543	28 SECTION 36. IC 20-23-12-3, AS AMENDED BY
1544	1544	29 P.L.213-2018(ss), SECTION 16, IS AMENDED TO READ AS
1545	1545	30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The
1546	1546	31 emergency manager appointed by the distressed unit appeal board
1547	1547	32 under IC 6-1.1-20.3 shall act as the governing body of the school
1548	1548	33 corporation and has the powers set forth in IC 6-1.1-20.3-8.5, including
1549	1549	34 the powers and duties of the governing body of the school corporation.
1550	1550	35 The school corporation shall also have an advisory board that consists
1551	1551	36 of seven (7) members elected as follows:
1552	1552	37 (1) On a nonpartisan basis.
1553	1553	38 (2) in a general election in the county.
1554	1554	39 The advisory board is created to provide nonbinding recommendations
1555	1555	40 to the emergency manager.
1556	1556	41 (b) Six (6) of the members shall be elected from the school districts
1557	1557	42 drawn under section 4 of this chapter. Each member:
1558	1558	2022 IN 1240—LS 6999/DI 75 37
1559	1559	1 (1) is elected from the school district in which the member
1560	1560	2 resides; and
1561	1561	3 (2) upon election and in conducting the business of the advisory
1562	1562	4 board, represents the interests of the entire school corporation.
1563	1563	5 (c) One (1) of the members elected:
1564	1564	6 (1) is the at-large member of the advisory board;
1565	1565	7 (2) may reside in any of the districts drawn under section 4 of this
1566	1566	8 chapter; and
1567	1567	9 (3) upon election and in conducting the business of the advisory
1568	1568	10 board, represents the interests of the entire school corporation.
1569	1569	11 (d) A per diem may not be paid to a member.
1570	1570	12 (e) The advisory board may hold a public meeting subject to the
1571	1571	13 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
1572	1572	14 advisory board is subject to IC 5-14-1.5 (the open door law) for these
1573	1573	15 meetings. The advisory board may hold additional meetings that are
1574	1574	16 authorized as executive sessions under IC 5-14-1.5 (the open door law)
1575	1575	17 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
1576	1576	18 public notice requirements of IC 5-14-1.5 (the open door law) for these
1577	1577	19 additional meetings. The records of the advisory board are subject to
1578	1578	20 IC 5-14-3 (access to public records).
1579	1579	21 SECTION 37. IC 20-23-12-5, AS AMENDED BY
1580	1580	22 P.L.213-2018(ss), SECTION 17, IS AMENDED TO READ AS
1581	1581	23 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The six (6)
1582	1582	24 members who are elected for a position on the advisory board
1583	1583	25 described under section 3(b) of this chapter are determined as follows:
1584	1584	26 (1) Each prospective candidate must file a nomination petition
1585	1585	27 with the board of elections and registration not earlier than one
1586	1586	28 hundred four (104) days and not later than noon seventy-four (74)
1587	1587	29 days before the election at which the members are to be elected
1588	1588	30 that includes the following information:
1589	1589	31 (A) The name of the prospective candidate.
1590	1590	32 (B) The district in which the prospective candidate resides.
1591	1591	33 (C) The signatures of at least one hundred (100) registered
1592	1592	34 voters residing in the school corporation.
1593	1593	35 (D) The fact that the prospective candidate is running for a
1594	1594	36 district position.
1595	1595	37 (E) A certification that the prospective candidate meets the
1596	1596	38 qualifications for candidacy imposed by this chapter.
1597	1597	39 Before January 1, 2023, candidates shall be nominated as
1598	1598	40 provided in IC 3-8-2.5. After December 31, 2022, a candidate
1599	1599	41 must be nominated as provided in IC 3-8-2 or IC 3-8-6,
1600	1600	42 whichever is applicable to the particular candidate.
1601	1601	2022 IN 1240—LS 6999/DI 75 38
1602	1602	1 (2) Only eligible voters residing in the district may vote for a
1603	1603	2 candidate.
1604	1604	3 (3) The candidate within each district who receives the greatest
1605	1605	4 number of votes in the district is elected. IC 3 governs the
1606	1606	5 nomination and election of members of the advisory board
1607	1607	6 under this subsection.
1608	1608	7 (b) The at-large member elected under section 3(c) of this chapter
1609	1609	8 is determined as follows:
1610	1610	9 (1) Each prospective candidate must file a nomination petition
1611	1611	10 with the clerk of the circuit court at least seventy-four (74) days
1612	1612	11 before the election at which the at-large member is to be elected.
1613	1613	12 The petition must include the following information:
1614	1614	13 (A) The name of the prospective candidate.
1615	1615	14 (B) The signatures of at least one hundred (100) registered
1616	1616	15 voters residing within the school corporation.
1617	1617	16 (C) The fact that the prospective candidate is running for the
1618	1618	17 at-large position on the advisory board.
1619	1619	18 (D) A certification that the prospective candidate meets the
1620	1620	19 qualifications for candidacy imposed by this chapter.
1621	1621	20 Before January 1, 2023, candidates shall be nominated as
1622	1622	21 provided in IC 3-8-2.5. After December 31, 2022, a candidate
1623	1623	22 must be nominated as provided in IC 3-8-2 or IC 3-8-6,
1624	1624	23 whichever is applicable to the particular candidate.
1625	1625	24 (2) Only eligible voters residing in the school corporation may
1626	1626	25 vote for a candidate.
1627	1627	26 (3) The candidate who:
1628	1628	27 (A) runs for the at-large position on the advisory board; and
1629	1629	28 (B) receives the greatest number of votes in the school
1630	1630	29 corporation;
1631	1631	30 is elected to the at-large position. IC 3 governs the nomination
1632	1632	31 and election of the member of the advisory board under this
1633	1633	32 subsection.
1634	1634	33 SECTION 38. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011,
1635	1635	34 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1636	1636	35 UPON PASSAGE]: Sec. 2.1. (a) As used in this section, "county
1637	1637	36 election board" includes a board of elections and registration
1638	1638	37 established under IC 3-6-5.2.
1639	1639	38 (b) (a) The voters of the school corporation shall elect the members
1640	1640	39 of the governing body at a general election for a term of four (4) years.
1641	1641	40 The members shall be elected from the city at large without reference
1642	1642	41 to district.
1643	1643	42 (c) (b) Each candidate for election to the governing body must file
1644	1644	2022 IN 1240—LS 6999/DI 75 39
1645	1645	1 a petition of nomination with the county election board in each county
1646	1646	2 in which a school corporation subject to this chapter is located. The
1647	1647	3 petition of nomination must comply with IC 3-8-2.5 and the following
1648	1648	4 requirements:
1649	1649	5 (1) The petition must be signed by at least two hundred (200)
1650	1650	6 legal voters of the school corporation.
1651	1651	7 (2) Each petition may nominate only one (1) candidate.
1652	1652	8 (3) The number of petitions signed by a legal voter may not
1653	1653	9 exceed the number of school trustees to be elected.
1654	1654	10 Before January 1, 2023, candidates shall be nominated as provided
1655	1655	11 in IC 3-8-2.5. After December 31, 2022, a candidate must be
1656	1656	12 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever is
1657	1657	13 applicable to the particular candidate.
1658	1658	14 (d) (c) After all the petitions described in subsection (c) are filed
1659	1659	15 with the county election board, the board shall publish the names of
1660	1660	16 those nominated in accordance with IC 5-3-1 and shall certify the
1661	1661	17 nominations in the manner required by law. IC 3 governs the election
1662	1662	18 to the extent that it is not inconsistent with this chapter.
1663	1663	19 (e) The county election board shall prepare the ballot for the general
1664	1664	20 election at which members of the governing body are to be elected so
1665	1665	21 that the names of the candidates nominated appear on the ballot:
1666	1666	22 (1) in alphabetical order;
1667	1667	23 (2) without party designation; and
1668	1668	24 (3) in the form prescribed by IC 3-11-2.
1669	1669	25 (f) The county election board shall not publish or place on the ballot
1670	1670	26 the name of a candidate who is not eligible under this chapter for
1671	1671	27 membership on the governing body.
1672	1672	28 (g) (d) Each voter may vote for as many candidates as there are
1673	1673	29 members of the governing body to be elected.
1674	1674	30 SECTION 39. IC 20-23-14-3, AS AMENDED BY P.L.271-2013,
1675	1675	31 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1676	1676	32 UPON PASSAGE]: Sec. 3. (a) The governing body of the school
1677	1677	33 corporation consists of five (5) members. elected on a nonpartisan
1678	1678	34 basis.
1679	1679	35 (b) Three (3) of the members are elected from the school districts
1680	1680	36 referred to in section 4.5 of this chapter by eligible voters residing in
1681	1681	37 the school districts. Each member:
1682	1682	38 (1) is elected from the school district in which the member
1683	1683	39 resides; and
1684	1684	40 (2) upon election and in conducting the business of the governing
1685	1685	41 body, represents the interests of the entire school corporation.
1686	1686	42 (c) Two (2) of the members:
1687	1687	2022 IN 1240—LS 6999/DI 75 40
1688	1688	1 (1) are elected by eligible voters residing in the school
1689	1689	2 corporation;
1690	1690	3 (2) are at-large members of the governing body; and
1691	1691	4 (3) upon election and in conducting the business of the governing
1692	1692	5 body, represent the interests of the entire school corporation.
1693	1693	6 SECTION 40. IC 20-23-14-5, AS AMENDED BY P.L.6-2012,
1694	1694	7 SECTION 127, IS AMENDED TO READ AS FOLLOWS
1695	1695	8 [EFFECTIVE UPON PASSAGE]: Sec. 5. To be eligible to be a
1696	1696	9 candidate for the governing body under this chapter, the following
1697	1697	10 apply:
1698	1698	11 (1) Each prospective candidate must file a petition of nomination
1699	1699	12 with the board of elections and registration not earlier than one
1700	1700	13 hundred four (104) days and not later than noon seventy-four (74)
1701	1701	14 days before the general election at which the members are to be
1702	1702	15 elected. The petition of nomination must include the following:
1703	1703	16 (A) The name of the prospective candidate.
1704	1704	17 (B) Whether the prospective candidate is a district candidate
1705	1705	18 or an at-large candidate.
1706	1706	19 (C) A certification that the prospective candidate meets the
1707	1707	20 qualifications for candidacy imposed under this chapter.
1708	1708	21 (D) The signatures of at least one hundred (100) registered
1709	1709	22 voters residing in the school corporation.
1710	1710	23 Before January 1, 2023, candidates shall be nominated as
1711	1711	24 provided in IC 3-8-2.5. After December 31, 2022, a candidate
1712	1712	25 must be nominated as provided in IC 3-8-2 or IC 3-8-6,
1713	1713	26 whichever is applicable to the particular candidate.
1714	1714	27 (2) Each prospective candidate for a district position must:
1715	1715	28 (A) reside in the district; and
1716	1716	29 (B) have resided in the district for at least the three (3) years
1717	1717	30 immediately preceding the election; and
1718	1718	31 (C) certify that the candidate meets the qualifications for
1719	1719	32 candidacy imposed under this chapter.
1720	1720	33 (3) Each prospective candidate for an at-large position must:
1721	1721	34 (A) reside in the school corporation; and
1722	1722	35 (B) have resided in the school corporation for at least the three
1723	1723	36 (3) years immediately preceding the election.
1724	1724	37 (4) Each prospective candidate (regardless of whether the
1725	1725	38 candidate is a district candidate or an at-large candidate) must:
1726	1726	39 (A) be a registered voter;
1727	1727	40 (B) have been a registered voter for at least the three (3) years
1728	1728	41 immediately preceding the election; and
1729	1729	42 (C) be a high school graduate or have received a:
1730	1730	2022 IN 1240—LS 6999/DI 75 41
1731	1731	1 (i) high school equivalency certificate; or
1732	1732	2 (ii) state general educational development (GED) diploma
1733	1733	3 under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
1734	1734	4 (5) A prospective candidate may not:
1735	1735	5 (A) hold any other elective or appointive office; or
1736	1736	6 (B) have a pecuniary interest in any contract with the school
1737	1737	7 corporation or its governing body;
1738	1738	8 as prohibited by law.
1739	1739	9 SECTION 41. IC 20-23-15-6, AS ADDED BY P.L.1-2005,
1740	1740	10 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1741	1741	11 UPON PASSAGE]: Sec. 6. (a) The governing body of the school
1742	1742	12 corporation consists of seven (7) members who shall be elected
1743	1743	13 (1) on a nonpartisan basis; and
1744	1744	14 (2) in the general election held in the county.
1745	1745	15 (b) Five (5) of the members shall be elected from the school districts
1746	1746	16 in which the members reside as established under section 7 of this
1747	1747	17 chapter.
1748	1748	18 (c) Two (2) of the members shall be elected at large.
1749	1749	19 (d) Before January 1, 2023, candidates shall be nominated as
1750	1750	20 provided in IC 3-8-2.5. After December 31, 2022, a candidate must
1751	1751	21 be nominated as provided in IC 3-8-2 or IC 3-8-6, whichever is
1752	1752	22 applicable to the particular candidate.
1753	1753	23 SECTION 42. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
1754	1754	24 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1755	1755	25 UPON PASSAGE]: Sec. 3. (a) The governing body of the school
1756	1756	26 corporation consists of five (5) members chosen as follows:
1757	1757	27 (1) Three (3) members shall be elected by the voters of the school
1758	1758	28 corporation at a general election to be held in the county and
1759	1759	29 every four (4) years thereafter.
1760	1760	30 (2) One (1) member shall be appointed by the city executive.
1761	1761	31 (3) One (1) member shall be appointed by the city legislative
1762	1762	32 body.
1763	1763	33 (b) The members elected under subsection (a)(1) shall be elected as
1764	1764	34 follows:
1765	1765	35 (1) On a nonpartisan basis.
1766	1766	36 (2) (1) In a general election held in the county.
1767	1767	37 (3) (2) By the registered voters of the entire school corporation.
1768	1768	38 (c) The following apply to an election of members of the governing
1769	1769	39 body of the school corporation under subsection (a)(1):
1770	1770	40 (1) Each candidate must file a petition of nomination with the
1771	1771	41 circuit court clerk not earlier than one hundred four (104) days
1772	1772	42 and not later than seventy-four (74) days before the election at
1773	1773	2022 IN 1240—LS 6999/DI 75 42
1774	1774	1 which members are to be elected. The petition of nomination must
1775	1775	2 include the following information:
1776	1776	3 (A) The name of the candidate.
1777	1777	4 (B) A certification that the candidate meets the qualifications
1778	1778	5 for candidacy imposed by this chapter.
1779	1779	6 Before January 1, 2023, candidates shall be nominated as
1780	1780	7 provided in IC 3-8-2.5. After December 31, 2022, a candidate
1781	1781	8 must be nominated as provided in IC 3-8-2 or IC 3-8-6,
1782	1782	9 whichever is applicable to the particular candidate.
1783	1783	10 (2) Only eligible voters residing in the school corporation may
1784	1784	11 vote for a candidate seeking election.
1785	1785	12 SECTION 43. IC 20-23-17.2-3.1, AS AMENDED BY
1786	1786	13 P.L.193-2021, SECTION 106, IS AMENDED TO READ AS
1787	1787	14 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.1. (a) The
1788	1788	15 governing body of the school corporation consists of five (5) members,
1789	1789	16 elected as provided in this chapter.
1790	1790	17 (b) Three (3) members shall be elected as follows:
1791	1791	18 (1) From districts established as provided in section 4.1 of this
1792	1792	19 chapter.
1793	1793	20 (2) On a nonpartisan basis.
1794	1794	21 (3) (2) At the general election held in the county in 2022 and
1795	1795	22 every four (4) years thereafter.
1796	1796	23 (c) Two (2) members shall be elected as follows:
1797	1797	24 (1) At large by all the voters of the school corporation.
1798	1798	25 (2) On a nonpartisan basis.
1799	1799	26 (3) (2) At the general election held in the county in 2024 and
1800	1800	27 every four (4) years thereafter.
1801	1801	28 (d) The term of office of a member of the governing body:
1802	1802	29 (1) is four (4) years; and
1803	1803	30 (2) begins January 1 after the election of members of the
1804	1804	31 governing body.
1805	1805	32 (e) Upon assuming office and in conducting the business of the
1806	1806	33 governing body, a member shall represent the interests of the entire
1807	1807	34 school corporation.
1808	1808	35 SECTION 44. IC 20-23-17.2-5, AS AMENDED BY P.L.222-2015,
1809	1809	36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1810	1810	37 UPON PASSAGE]: Sec. 5. (a) The following apply to an election of
1811	1811	38 members of the governing body of the school corporation under section
1812	1812	39 3.1(b) of this chapter:
1813	1813	40 (1) Each candidate must file a petition of nomination with the
1814	1814	41 circuit court clerk not earlier than one hundred four (104) days
1815	1815	42 and not later than seventy-four (74) days before the general
1816	1816	2022 IN 1240—LS 6999/DI 75 43
1817	1817	1 election at which members are to be elected. The petition of
1818	1818	2 nomination must include the following information:
1819	1819	3 (A) The name of the candidate.
1820	1820	4 (B) The candidate's residence address and the district in which
1821	1821	5 the candidate resides.
1822	1822	6 (C) The signatures of at least twenty (20) registered voters
1823	1823	7 residing within the school corporation district the candidate
1824	1824	8 seeks to represent.
1825	1825	9 (D) A certification that the candidate meets the qualifications
1826	1826	10 for candidacy imposed by this chapter.
1827	1827	11 (E) The school corporation district that the candidate seeks to
1828	1828	12 represent.
1829	1829	13 Before January 1, 2023, candidates shall be nominated as
1830	1830	14 provided in IC 3-8-2.5. After December 31, 2022, a candidate
1831	1831	15 must be nominated as provided in IC 3-8-2 or IC 3-8-6,
1832	1832	16 whichever is applicable to the particular candidate.
1833	1833	17 (2) Only eligible voters residing in the school corporation district
1834	1834	18 as provided in section 4.1 of this chapter may vote for a candidate
1835	1835	19 to represent that school corporation district.
1836	1836	20 (3) One (1) candidate shall be elected for each school corporation
1837	1837	21 district provided by section 4.1 of this chapter. The candidate
1838	1838	22 elected for a school corporation district must reside within the
1839	1839	23 boundaries of the school corporation district. The candidate
1840	1840	24 elected as the member for a particular school corporation district
1841	1841	25 is the candidate who, among all the candidates who reside within
1842	1842	26 that school corporation district, receives the greatest number of
1843	1843	27 votes from voters residing in that school corporation district.
1844	1844	28 (b) The following apply to an election of the members of the
1845	1845	29 governing body of the school corporation under section 3.1(c) of this
1846	1846	30 chapter:
1847	1847	31 (1) Each candidate must file a petition of nomination with the
1848	1848	32 circuit court clerk not earlier than one hundred four (104) days
1849	1849	33 and not later than seventy-four (74) days before the general
1850	1850	34 election at which members are to be elected. The petition of
1851	1851	35 nomination must include the following information:
1852	1852	36 (A) The name of the candidate.
1853	1853	37 (B) The candidate's residence address.
1854	1854	38 (C) The signatures of at least one hundred (100) registered
1855	1855	39 voters residing within the school corporation.
1856	1856	40 (D) A certification that the candidate meets the qualifications
1857	1857	41 for candidacy imposed by this chapter.
1858	1858	42 (E) The fact that the candidate seeks to be elected from the
1859	1859	2022 IN 1240—LS 6999/DI 75 44
1860	1860	1 school corporation at large.
1861	1861	2 Before January 1, 2023, candidates shall be nominated as
1862	1862	3 provided in IC 3-8-2.5. After December 31, 2022, a candidate
1863	1863	4 must be nominated as provided in IC 3-8-2 or IC 3-8-6,
1864	1864	5 whichever is applicable to the particular candidate.
1865	1865	6 (2) Only eligible voters residing in the school corporation may
1866	1866	7 vote for a candidate.
1867	1867	8 (3) Two (2) candidates shall be elected at large. The two (2)
1868	1868	9 candidates who receive the greatest number of votes among all
1869	1869	10 candidates running for an at-large seat are elected as members of
1870	1870	11 the governing body.
1871	1871	12 SECTION 45. IC 20-25-3-4, AS AMENDED BY P.L.219-2013,
1872	1872	13 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1873	1873	14 UPON PASSAGE]: Sec. 4. (a) The board consists of seven (7)
1874	1874	15 members. A member:
1875	1875	16 (1) must be elected on a nonpartisan basis in general elections
1876	1876	17 held in the county as specified in this section; and
1877	1877	18 (2) serves a four (4) year term.
1878	1878	19 (b) Five (5) members shall be elected from the school board districts
1879	1879	20 in which the members reside, and two (2) members must be elected at
1880	1880	21 large. Not more than two (2) of the members who serve on the board
1881	1881	22 may reside in the same school board district.
1882	1882	23 (c) If a candidate runs for one (1) of the district positions on the
1883	1883	24 board, only eligible voters residing in the candidate's district may vote
1884	1884	25 for that candidate. If a person is a candidate for one (1) of the at-large
1885	1885	26 positions, eligible voters from all the districts may vote for that
1886	1886	27 candidate.
1887	1887	28 (d) If a candidate files to run for a position on the board, the
1888	1888	29 candidate must specify whether the candidate is running for a district
1889	1889	30 or an at-large position. Before January 1, 2023, candidates shall be
1890	1890	31 nominated as provided in IC 3-8-2.5. After December 31, 2022, a
1891	1891	32 candidate must be nominated as provided in IC 3-8-2 or IC 3-8-6,
1892	1892	33 whichever is applicable to the particular candidate.
1893	1893	34 (e) A candidate who runs for a district or an at-large position wins
1894	1894	35 if the candidate receives the greatest number of votes of all the
1895	1895	36 candidates for the position. IC 3 governs the nomination and election
1896	1896	37 of the members of the board under this section.
1897	1897	38 (f) Districts shall be established within the school city by the state
1898	1898	39 board. The districts must be drawn on the basis of precinct lines, and
1899	1899	40 as nearly as practicable, of equal population with the population of the
1900	1900	41 largest district not to exceed the population of the smallest district by
1901	1901	42 more than five percent (5%). District lines must not cross precinct
1902	1902	2022 IN 1240—LS 6999/DI 75 45
1903	1903	1 lines. The state board, with assistance from the county election
1904	1904	2 board, shall establish:
1905	1905	3 (1) balloting procedures for the election under IC 3; and
1906	1906	4 (2) other procedures required to implement this section.
1907	1907	5 (g) A member of the board serves under section 3 of this chapter.
1908	1908	6 (h) In accordance with subsection (k), a vacancy in the board shall
1909	1909	7 be filled temporarily by the board as soon as practicable after the
1910	1910	8 vacancy occurs. The member chosen by the board to fill a vacancy
1911	1911	9 holds office until the member's successor is elected and qualified. The
1912	1912	10 successor shall be elected at the next regular school board election
1913	1913	11 occurring after the date on which the vacancy occurs. The successor
1914	1914	12 fills the vacancy for the remainder of the term.
1915	1915	13 (i) An individual elected to serve on the board begins the
1916	1916	14 individual's term on the date set in the school corporation's organization
1917	1917	15 plan. The date set in the organization plan for an elected member of the
1918	1918	16 board to take office may not be more than fourteen (14) months after
1919	1919	17 the date of the member's election. If the school corporation's
1920	1920	18 organization plan does not set a date for a member of the board to take
1921	1921	19 office, the member takes office January 1 immediately following the
1922	1922	20 individual's election.
1923	1923	21 (j) Notwithstanding any law to the contrary, each voter must cast a
1924	1924	22 vote for a school board candidate or school board candidates by voting
1925	1925	23 system or paper ballot. However, the same method used to cast votes
1926	1926	24 for all other offices for which candidates have qualified to be on the
1927	1927	25 election ballot must be used for the board offices.
1928	1928	26 (k) If a vacancy in the board exists because of the death of a
1929	1929	27 member, the remaining members of the board shall meet and select an
1930	1930	28 individual to fill the vacancy in accordance with subsection (h) after
1931	1931	29 the secretary of the board receives notice of the death under IC 5-8-6.
1932	1932	30 SECTION 46. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
1933	1933	31 SECTION 107, IS AMENDED TO READ AS FOLLOWS
1934	1934	32 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) This section does not
1935	1935	33 apply to:
1936	1936	34 (1) a vacancy of a member who serves on a governing body in
1937	1937	35 an ex officio capacity; or
1938	1938	36 (2) a vacancy in an appointed board member position if the
1939	1939	37 plan, resolution, or law under which the school corporation
1940	1940	38 operates specifically provides for filling vacancies by the
1941	1941	39 appointing authority.
1942	1942	40 (b) If fewer candidates have been elected to the school board than
1943	1943	41 there were members to be elected, the governing body shall determine
1944	1944	42 not later than noon December 31 following the election which
1945	1945	2022 IN 1240—LS 6999/DI 75 46
1946	1946	1 incumbent member or members continue to hold office under Article
1947	1947	2 15, Section 3 of the Constitution of the State of Indiana until a
1948	1948	3 successor is elected and qualified. However,
1949	1949	4 (c) If a vacancy in the membership of a governing body occurs for
1950	1950	5 any reason, whether the vacancy was of an elected or appointed
1951	1951	6 member, the vacancy shall be filled as follows:
1952	1952	7 (1) If the vacant office was last held by an individual elected
1953	1953	8 or selected as a candidate of a major political party of
1954	1954	9 Indiana, the vacancy shall be filled by a caucus under
1955	1955	10 IC 3-13-11.
1956	1956	11 (2) If subdivision (1) does not apply, the remaining members of
1957	1957	12 the governing body shall by majority vote fill the vacancy by
1958	1958	13 appointing a person an individual from within the boundaries of
1959	1959	14 the school corporation. with the residence and other qualifications
1960	1960	15 provided for a regularly elected or appointed board member
1961	1961	16 filling the membership, to serve for the term or the balance of the
1962	1962	17 term. However, this subsection does not apply to a vacancy:
1963	1963	18 (1) of a member who serves on a governing body in an ex officio
1964	1964	19 capacity; or
1965	1965	20 (2) a vacancy in an appointed board membership if a plan,
1966	1966	21 resolution, or law under which the school corporation operates
1967	1967	22 specifically provides for filling vacancies by the appointing
1968	1968	23 authority.
1969	1969	24 (d) An individual appointed as provided in this section:
1970	1970	25 (1) must possess the qualifications provided for a regularly
1971	1971	26 elected or appointed governing body member filling the
1972	1972	27 office; and
1973	1973	28 (2) holds office for the remainder of the unexpired term.
1974	1974	29 SECTION 47. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
1975	1975	30 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1976	1976	31 UPON PASSAGE]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
1977	1977	32 this section.
1978	1978	33 (b) If a vacancy in a school board office exists because of the death
1979	1979	34 of a school board member, the vacancy shall be filled in accordance
1980	1980	35 with section 4 of this chapter the remaining members of the
1981	1981	36 governing body shall meet and select an individual to fill the vacancy
1982	1982	37 after the secretary of the governing body receives notice of the death
1983	1983	38 under IC 5-8-6. and in accordance with section 4 of this chapter.
1984	1984	39 SECTION 48. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
1985	1985	40 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1986	1986	41 UPON PASSAGE]: Sec. 5. In accordance with rules adopted by the
1987	1987	42 judges of the court under section 6 of this chapter, the presiding judge
1988	1988	2022 IN 1240—LS 6999/DI 75 47
1989	1989	1 shall do the following:
1990	1990	2 (1) Ensure that the court operates efficiently and judicially under
1991	1991	3 rules adopted by the court.
1992	1992	4 (2) Annually submit to the fiscal body of Monroe County a budget
1993	1993	5 for the court, including amounts necessary for:
1994	1994	6 (A) the operation of the circuit's probation department;
1995	1995	7 (B) the defense of indigents; and
1996	1996	8 (C) maintaining an adequate law library.
1997	1997	9 (3) Make the appointments or selections required of a circuit or
1998	1998	10 superior court judge under the following statutes:
1999	1999	11 IC 8-4-21-2
2000	2000	12 IC 11-12-2-2
2001	2001	13 IC 16-22-2-4
2002	2002	14 IC 16-22-2-11
2003	2003	15 IC 16-22-7
2004	2004	16 IC 20-23-4
2005	2005	17 IC 20-23-7-6
2006	2006	18 IC 20-23-7-8.1
2007	2007	19 IC 20-26-7-8
2008	2008	20 IC 20-26-7-14
2009	2009	21 IC 20-47-2-15
2010	2010	22 IC 20-47-3-13
2011	2011	23 IC 36-9
2012	2012	24 IC 36-10
2013	2013	25 IC 36-12-10-10.
2014	2014	26 (4) Make appointments or selections required of a circuit or
2015	2015	27 superior court judge by any other statute, if the appointment or
2016	2016	28 selection is not required of the court because of an action before
2017	2017	29 the court.
2018	2018	30 SECTION 49. An emergency is declared for this act.
2019	2019	2022 IN 1240—LS 6999/DI 75