LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6498 NOTE PREPARED: Dec 15, 2021 BILL NUMBER: HB 1305 BILL AMENDED: SUBJECT: School Board Elections. FIRST AUTHOR: Rep. Miller D BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local DEDICATED FEDERAL Summary of Legislation: School Board Elections: The bill requires candidates for school board offices to be nominated in the same manner as candidates for all other elected offices are nominated, beginning with the 2022 primary election. It also adjusts the deadlines and other details for a candidate for a school board office to file a declaration of candidacy to accommodate the date of the 2022 primary election. It repeals the current statute relating to nomination of candidates for school board offices. School Superintendents: The bill provides that a superintendent hired by a school corporation must hold: (1) a master's degree from an accredited postsecondary educational institution; or (2) a bachelor's degree in business administration. It requires the State Board of Education to adopt rules to implement this provision. It repeals other superseded statutes. It makes conforming changes. It changes population parameters to reflect the population count determined under the 2020 decennial census. Effective Date: Upon passage; July 1, 2022. Explanation of State Expenditures: School Board Elections: The provisions of the bill would likely require the Election Division to update some manuals and forms which should be able to be changed as a matter of routine business. However, the Election Division may have additional workload for the 2022 primary election to update petitions of nomination (and its instructions) prior to school board candidates receiving signatures. Under the bill, the adjusted deadline for school board candidates to file a petition of nomination is April 4, 2022. School Superintendents: The bill requires the State Board of Education to adopt rules. Adoption of rules is HB 1305 1 a routine administrative function and should not require additional appropriations. Explanation of State Revenues: Explanation of Local Expenditures: 2022 Primary Election: For the 2022 primary election, the bill adjusts the deadlines for candidates to file a petition of nomination (April 4, 2022) and for county elections boards to certify petitions (April 11, 2022) and publish a list of candidates (April 18, 2022). A 2022 school board candidate petition may not be withdrawn, and a candidate’s name may not be removed. A school board candidate’s eligibility may not be contested until after the 2022 primary election. The bill allows a county election board to place school board candidates on a separate ballot for the 2022 primary election (so as not to delay the printing of the primary election ballot for other offices) which may result in additional printing costs. School Board Elections: Circuit court clerks may see a reduction in workload as they would no longer certify petitions of nomination for major-party school board candidates. However, clerks would likely be verifying more signatures for minor-party and independent candidates. (See Additional Information for more details.) In addition, county election officials would need to change ballots to include school board candidates on primary ballots and change the order of candidates on general election ballots. However, these ballot changes would likely be accommodated as part of routine election ballot preparation and programming prior to elections. Additional Information– School board candidates currently file petitions of nomination, containing 10 signatures, except in a few certain school districts. Under the bill, circuit court clerks would need to verify additional signatures, equal to 2% of the number of voters that voted in the latest Secretary of State election for that election district, for independent school board candidates and most minor-party candidates (not Libertarian). There were about 1,200 candidates on the ballot for school boards during the 2020 general election. Explanation of Local Revenues: State Agencies Affected: Indiana Election Division; State Board of Education. Local Agencies Affected: Circuit court clerks; school corporations. Information Sources: 2020 General Election Candidate List, Indiana Election Division; 2020 Indiana Candidate Guide, Indiana Election Division; https://www.in.gov/sos/elections/voter-information/files/2022-Calendar-Brochure.FINAL-7-21.pdf. Indiana Education Employment Relations Board, 2021 Collective Bargaining Statewide Summary Report, accessed on the Gateway on November 11, 2021. Fiscal Analyst: Heather Puletz, 317-234-9484. HB 1305 2