Indiana 2022 Regular Session

Indiana House Bill HB1305 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. 1305
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; 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 with the 2022 primary
11	11	election. Adjusts the deadlines and other details for a candidate for a
12	12	school board office to file a declaration of candidacy to accommodate
13	13	the date of the 2022 primary election. Repeals the current statute
14	14	relating to nomination of candidates for school board offices. Provides
15	15	that a superintendent hired by a school corporation must hold: (1) a
16	16	master's degree from an accredited postsecondary educational
17	17	institution; or (2) a bachelor's degree in business administration.
18	18	Requires the state board of education to adopt rules to implement this
19	19	provision. Repeals other superseded statutes. Makes conforming
20	20	changes. Changes population parameters to reflect the population count
21	21	determined under the 2020 decennial census.
22	22	Effective: Upon passage; July 1, 2022.
23	23	Miller D
24	24	January 11, 2022, read first time and referred to Committee on Elections and
25	25	Apportionment.
26	26	2022 IN 1305—LS 6498/DI 147 Introduced
27	27	Second Regular Session of the 122nd General Assembly (2022)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2021 Regular Session of the General Assembly.
37	37	HOUSE BILL No. 1305
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	elections.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 3-5-2-44 IS AMENDED TO READ AS FOLLOWS
42	42	2 [EFFECTIVE UPON PASSAGE]: Sec. 44. (a) "School board" means
43	43	3 the fiscal governing body of a school corporation (as defined in
44	44	4 IC 20-18-2-5).
45	45	5 (b) The term includes an elected school advisory board.
46	46	6 SECTION 2. IC 3-5-2-45 IS AMENDED TO READ AS FOLLOWS
47	47	7 [EFFECTIVE UPON PASSAGE]: Sec. 45. (a) "School board office"
48	48	8 refers to an elected position on the school board of a school
49	49	9 corporation.
50	50	10 (b) The term includes an elected school advisory board office.
51	51	11 SECTION 3. IC 3-5-4-1.7, AS AMENDED BY P.L.257-2019,
52	52	12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
53	53	13 UPON PASSAGE]: Sec. 1.7. (a) Except as otherwise expressly
54	54	14 authorized or required under this title, a filing by a person with a
55	55	15 commission, the election division, an election board, or a county voter
56	56	16 registration office may not be made by fax or electronic mail.
57	57	17 (b) A petition of nomination filed with a county voter registration
58	58	2022 IN 1305—LS 6498/DI 147 2
59	59	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
60	60	2 place a public question on the ballot, or any other petition filed that
61	61	3 requires the county voter registration office to certify the validity of
62	62	4 signatures, may not contain the electronic signature, digital signature,
63	63	5 digitized signature, or photocopied signature of a voter.
64	64	6 SECTION 4. IC 3-8-1-2, AS AMENDED BY P.L.278-2019,
65	65	7 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
66	66	8 UPON PASSAGE]: Sec. 2. (a) This section does not apply to a
67	67	9 candidate challenged under IC 3-8-8.
68	68	10 (b) The commission, a county election board, or a town election
69	69	11 board shall act if a candidate (or a person acting on behalf of a
70	70	12 candidate in accordance with state Indiana law) has filed any of the
71	71	13 following:
72	72	14 (1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
73	73	15 (2) A request for ballot placement in a presidential primary under
74	74	16 IC 3-8-3.
75	75	17 (3) A petition of nomination or candidate's consent to nomination
76	76	18 under IC 3-8-2.5 or IC 3-8-6.
77	77	19 (4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
78	78	20 IC 3-10-2-15, or IC 3-10-6-12.
79	79	21 (5) A certificate of candidate selection under IC 3-13-1 or
80	80	22 IC 3-13-2.
81	81	23 (6) A declaration of intent to be a write-in candidate under
82	82	24 IC 3-8-2-2.5.
83	83	25 (7) A contest to the denial of certification under IC 3-8-2.5 or
84	84	26 IC 3-8-6-12.
85	85	27 (c) The commission has jurisdiction to act under this section with
86	86	28 regard to any filing described in subsection (b) that was made with the
87	87	29 election division. Except for a filing under the jurisdiction of a town
88	88	30 election board, a county election board has jurisdiction to act under this
89	89	31 section with regard to any filing described in subsection (b) that was
90	90	32 made with the county election board, county voter registration office,
91	91	33 or the circuit court clerk. A town election board has jurisdiction to act
92	92	34 under this section with regard to any filing that was made with the
93	93	35 county election board, the county voter registration office, or the circuit
94	94	36 court clerk for nomination or election to a town office.
95	95	37 (d) Except as provided in subsection (f), before the commission or
96	96	38 election board acts under this section, a registered voter of the election
97	97	39 district that a candidate seeks to represent or a county chairman of a
98	98	40 major political party of a county in which any part of the election
99	99	41 district is located must file a sworn statement before a person
100	100	42 authorized to administer oaths, with the election division or election
101	101	2022 IN 1305—LS 6498/DI 147 3
102	102	1 board:
103	103	2 (1) questioning the eligibility of the candidate to seek the office;
104	104	3 and
105	105	4 (2) setting forth the facts known to the voter or county chairman
106	106	5 of a major political party of a county concerning this question.
107	107	6 (e) The eligibility of a write-in candidate or a candidate nominated
108	108	7 by a convention, petition, or primary may not be challenged under this
109	109	8 section if the commission or board determines that all of the following
110	110	9 occurred:
111	111	10 (1) The eligibility of the candidate was challenged under this
112	112	11 section before the candidate was nominated.
113	113	12 (2) The commission or board conducted a hearing on the affidavit
114	114	13 before the nomination.
115	115	14 (3) This challenge would be based on substantially the same
116	116	15 grounds as the previous challenge to the candidate.
117	117	16 (f) Before the commission or election board can consider a contest
118	118	17 to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a
119	119	18 candidate (or a person acting on behalf of a candidate in accordance
120	120	19 with state Indiana law) must file a sworn statement with the election
121	121	20 division or election board:
122	122	21 (1) stating specifically the basis for the contest; and
123	123	22 (2) setting forth the facts known to the candidate supporting the
124	124	23 basis for the contest.
125	125	24 (g) Upon the filing of a sworn statement under subsection (d) or (f),
126	126	25 the commission or election board shall determine the validity of the
127	127	26 questioned:
128	128	27 (1) declaration of candidacy;
129	129	28 (2) declaration of intent to be a write-in candidate;
130	130	29 (3) request for ballot placement under IC 3-8-3;
131	131	30 (4) petition of nomination;
132	132	31 (5) certificate of nomination;
133	133	32 (6) certificate of candidate selection issued under IC 3-13-1-15 or
134	134	33 IC 3-13-2-8; or
135	135	34 (7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
136	136	35 (h) The commission or election board shall deny a filing if the
137	137	36 commission or election board determines that the candidate has not
138	138	37 complied with the applicable requirements for the candidate set forth
139	139	38 in the Constitution of the United States, the Constitution of the State of
140	140	39 Indiana, or this title.
141	141	40 SECTION 5. IC 3-8-2-2 IS AMENDED TO READ AS FOLLOWS
142	142	41 [EFFECTIVE UPON PASSAGE]: Sec. 2. A person An individual who
143	143	42 desires to be nominated at a primary election as a candidate of a
144	144	2022 IN 1305—LS 6498/DI 147 4
145	145	1 political party subject to this chapter for a federal, state, legislative, or
146	146	2 local, or school board office shall file a declaration of candidacy.
147	147	3 SECTION 6. IC 3-8-2-24 IS ADDED TO THE INDIANA CODE
148	148	4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
149	149	5 UPON PASSAGE]: Sec. 24. (a) This section applies only to a
150	150	6 declaration of candidacy by a candidate for election to a school
151	151	7 board office at the 2022 primary election.
152	152	8 (b) Notwithstanding section 4 of this chapter, a declaration of
153	153	9 candidacy for a candidate in the 2022 primary election must be
154	154	10 filed not later than April 4, 2022.
155	155	11 (c) Notwithstanding sections 14 and 18 of this chapter, the
156	156	12 validity of a declaration of candidacy filed under this section may
157	157	13 not be challenged.
158	158	14 (d) Notwithstanding section 19 of this chapter, the county
159	159	15 election board shall certify the names of the candidates for each
160	160	16 school board election for the May 2022 primary election not later
161	161	17 than April 11, 2022.
162	162	18 (e) Notwithstanding section 19 of this chapter and IC 5-3-1-2(c),
163	163	19 the county election board shall publish the names of the candidates
164	164	20 for school board offices at the May 2022 primary as provided in
165	165	21 IC 5-3-1 not later than April 18, 2022.
166	166	22 (f) Notwithstanding sections 20, 21, and 23 of this chapter, both
167	167	23 of the following apply:
168	168	24 (1) The declaration of candidacy of an individual filed under
169	169	25 this chapter may not be withdrawn.
170	170	26 (2) The name of the candidate may not be removed from the
171	171	27 primary election ballot.
172	172	28 The ineligibility of a candidate to hold the school board office must
173	173	29 be contested under IC 3-12-8 after the primary election.
174	174	30 (g) Notwithstanding any other provision of this title, the county
175	175	31 election board of a county holding a primary election for the
176	176	32 nomination of candidates for school board offices may place the
177	177	33 candidates for nomination for school board offices on a ballot
178	178	34 separate from all other offices on the primary ballot so as not to
179	179	35 delay the printing of the primary election ballot for those other
180	180	36 offices.
181	181	37 (h) This section expires January 1, 2023.
182	182	38 SECTION 7. IC 3-8-2.5 IS REPEALED [EFFECTIVE UPON
183	183	39 PASSAGE]. (Nomination for School Board Office).
184	184	40 SECTION 8. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
185	185	41 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186	186	42 UPON PASSAGE]: Sec. 1. (a) This chapter applies to a candidate for
187	187	2022 IN 1305—LS 6498/DI 147 5
188	188	1 nomination to an elected office who:
189	189	2 (1) is an independent candidate; or
190	190	3 (2) represents a political party not qualified to nominate
191	191	4 candidates in a primary or by convention.
192	192	5 (b) This chapter does not apply to a candidate for a school board
193	193	6 office.
194	194	7 SECTION 9. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
195	195	8 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
196	196	9 UPON PASSAGE]: Sec. 28. (a) Except as provided in subsections (b)
197	197	10 and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
198	198	11 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
199	199	12 notice of withdrawal in writing with the public official with whom the
200	200	13 certificate of nomination was filed by noon:
201	201	14 (1) July 15 before a general or municipal election;
202	202	15 (2) August 1 before a municipal election in a town subject to
203	203	16 IC 3-8-5-10;
204	204	17 (3) on the date specified for town convention nominees under
205	205	18 IC 3-8-5-14.5;
206	206	19 (4) on the date specified for declared write-in candidates under
207	207	20 IC 3-8-2-2.7; or
208	208	21 (5) on the date specified for a school board candidate under
209	209	22 IC 3-8-2.5-4; or
210	210	23 (6) (5) forty-five (45) days before a special election.
211	211	24 (b) A candidate who is disqualified from being a candidate under
212	212	25 IC 3-8-1-5 must file a notice of withdrawal immediately upon
213	213	26 becoming disqualified. IC 3-8-8-7 and the filing requirements of
214	214	27 subsection (a) do not apply to a notice of withdrawal filed under this
215	215	28 subsection.
216	216	29 (c) A candidate who has moved from the election district the
217	217	30 candidate sought to represent must file a notice of withdrawal
218	218	31 immediately after changing the candidate's residence. IC 3-8-8-7 and
219	219	32 the filing requirements of subsection (a) do not apply to a notice of
220	220	33 withdrawal filed under this subsection.
221	221	34 SECTION 10. IC 3-8-9-5, AS AMENDED BY P.L.278-2019,
222	222	35 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
223	223	36 UPON PASSAGE]: Sec. 5. An individual required to file a statement
224	224	37 under section 4 of this chapter shall file the statement as follows:
225	225	38 (1) With the individual's:
226	226	39 (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
227	227	40 (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
228	228	41 office described in IC 3-8-2-5 in a county with a separate
229	229	42 board of registration under IC 3-7-12 after certification by the
230	230	2022 IN 1305—LS 6498/DI 147 6
231	231	1 board of registration;
232	232	2 (C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
233	233	3 office described in IC 3-8-2-5 in a county that does not have a
234	234	4 separate board of registration under IC 3-7-12;
235	235	5 (D) petition of nomination under IC 3-8-6 for an office
236	236	6 described in IC 3-8-2-5 after certification by the county voter
237	237	7 registration office;
238	238	8 (E) certificate of nomination under IC 3-10-2-15 or
239	239	9 IC 3-10-6-12;
240	240	10 (F) statement consenting to be a replacement candidate under
241	241	11 IC 3-8-6-17;
242	242	12 (G) declaration of intent to be a write-in candidate under
243	243	13 IC 3-8-2-2.5; or
244	244	14 (H) certificate of candidate selection under IC 3-13-1 or
245	245	15 IC 3-13-2.
246	246	16 (2) When the individual assumes a vacant elected office under
247	247	17 IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-10.5-3, or
248	248	18 IC 3-13-11. or IC 20-23-4-30. A statement filed under this
249	249	19 subdivision must be filed not later than noon sixty (60) days after
250	250	20 the individual assumes the elected office.
251	251	21 SECTION 11. IC 3-10-1-4 IS AMENDED TO READ AS
252	252	22 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) At a primary
253	253	23 election each political party subject to section 2 of this chapter shall
254	254	24 nominate its candidates for the following offices to be voted for at the
255	255	25 general election:
256	256	26 (1) United States Senator.
257	257	27 (2) Governor.
258	258	28 (3) United States Representative.
259	259	29 (4) Legislative offices.
260	260	30 (5) Local offices.
261	261	31 (6) School board offices.
262	262	32 (b) In addition, each political party subject to section 2 of this
263	263	33 chapter shall:
264	264	34 (1) vote on candidates for nomination as President of the United
265	265	35 States;
266	266	36 (2) elect delegates from each county to the party's state
267	267	37 convention; and
268	268	38 (3) elect a precinct committeeman for each precinct in the county
269	269	39 if precinct committeemen are to be elected under section 4.5 of
270	270	40 this chapter.
271	271	41 SECTION 12. IC 3-10-1-18, AS AMENDED BY P.L.76-2014,
272	272	42 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
273	273	2022 IN 1305—LS 6498/DI 147 7
274	274	1 UPON PASSAGE]: Sec. 18. (a) Except as provided by subsection (b),
275	275	2 the names of all candidates for each office who have qualified under
276	276	3 IC 3-8 shall be arranged in alphabetical order by surnames under the
277	277	4 designation of the office.
278	278	5 (b) This subsection applies to a county having a population of more
279	279	6 than four hundred thousand (400,000) but less than seven hundred
280	280	7 thousand (700,000). The names of all candidates for each office who
281	281	8 have qualified under IC 3-8, except for a school board office, precinct
282	282	9 committeeman or state convention delegate, shall be arranged in
283	283	10 random order by surnames under the designation of the office. The
284	284	11 random order shall be determined using a lottery. The lottery held in
285	285	12 accordance with this subsection shall be conducted in public by the
286	286	13 county election board. The lottery shall be held not later than fifteen
287	287	14 (15) days following the last day for a declaration of candidacy under
288	288	15 IC 3-8-2-4. All candidates whose names are to be arranged by way of
289	289	16 the lottery shall be notified at least five (5) days prior to the lottery of
290	290	17 the time and place at which the lottery is to be held. Each candidate
291	291	18 may have one (1) designated watcher, and each county political party
292	292	19 may have one (1) designated watcher who shall be allowed to observe
293	293	20 the lottery procedure.
294	294	21 (c) For paper ballots, the left margin of the ballot for each political
295	295	22 party must show the name of the uppermost candidate printed to the
296	296	23 right of the number 1, the next candidate number 2, the next candidate
297	297	24 number 3, and so on, consecutively to the end of the ballot as
298	298	25 prescribed in section 19 of this chapter. If ordered by a county election
299	299	26 board or a board of elections and registration under IC 3-11-15-13.1(b),
300	300	27 a ballot number or other candidate designation uniquely associated
301	301	28 with the candidate must be displayed on the electronic voting system
302	302	29 and printed on the ballot cards.
303	303	30 (d) This subsection applies to a county having a population of more
304	304	31 than four hundred thousand (400,000) but less than seven hundred
305	305	32 thousand (700,000). If there is insufficient room on a row to list each
306	306	33 candidate of a political party, a second or subsequent row may be
307	307	34 utilized. However, a second or subsequent row may not be utilized
308	308	35 unless the first row, and all preceding rows, have been filled.
309	309	36 SECTION 13. IC 3-10-1-19, AS AMENDED BY P.L.278-2019,
310	310	37 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
311	311	38 UPON PASSAGE]: Sec. 19. (a) The ballot for a primary election shall
312	312	39 be printed in substantially the form described in this section for all the
313	313	40 offices for which candidates have qualified under IC 3-8.
314	314	41 (b) The following shall be printed as the heading for the ballot for
315	315	42 a political party:
316	316	2022 IN 1305—LS 6498/DI 147 8
317	317	1 "OFFICIAL PRIMARY BALLOT
318	318	2 _________________ Party (insert the name of the political party)".
319	319	3 (c) The following shall be printed immediately below the heading
320	320	4 required by subsection (b) or be posted in each voting booth as
321	321	5 provided in IC 3-11-2-8(b):
322	322	6 (1) For paper ballots, print: To vote for a person, make a voting
323	323	7 mark (X or U) on or in the box before the person's name in the
324	324	8 proper column.
325	325	9 (2) For optical scan ballots, print: To vote for a person, darken or
326	326	10 shade in the circle, oval, or square (or draw a line to connect the
327	327	11 arrow) that precedes the person's name in the proper column.
328	328	12 (3) For optical scan ballots that do not contain a candidate's name,
329	329	13 print: To vote for a person, darken or shade in the oval that
330	330	14 precedes the number assigned to the person's name in the proper
331	331	15 column.
332	332	16 (4) For electronic voting systems, print: To vote for a person,
333	333	17 touch the screen (or press the button) in the location indicated.
334	334	18 (d) Local public questions shall be placed on the primary election
335	335	19 ballot after the heading and the voting instructions described in
336	336	20 subsection (c) (if the instructions are printed on the ballot) and before
337	337	21 the offices described in subsection (g).
338	338	22 (e) The local public questions described in subsection (d) shall be
339	339	23 placed as follows:
340	340	24 (1) In a separate column on the ballot if voting is by paper ballot.
341	341	25 (2) After the heading and the voting instructions described in
342	342	26 subsection (c) (if the instructions are printed on the ballot) and
343	343	27 before the offices described in subsection (g), in the form
344	344	28 specified in IC 3-11-13-11 if voting is by ballot card.
345	345	29 (3) As provided by either of the following if voting is by an
346	346	30 electronic voting system:
347	347	31 (A) On a separate screen for a public question.
348	348	32 (B) After the heading and the voting instructions described in
349	349	33 subsection (c) (if the instructions are printed on the ballot) and
350	350	34 before the offices described in subsection (g), in the form
351	351	35 specified in IC 3-11-14-3.5.
352	352	36 (f) A public question shall be placed on the primary election ballot
353	353	37 in the following form:
354	354	38 (The explanatory text for the public question,
355	355	39 if required by law.)
356	356	40 "Shall (insert public question)?"
357	357	41 [] YES
358	358	42 [] NO
359	359	2022 IN 1305—LS 6498/DI 147 9
360	360	1 (g) The offices with candidates for nomination shall be placed on
361	361	2 the primary election ballot in the following order:
362	362	3 (1) Federal and state offices:
363	363	4 (A) President of the United States.
364	364	5 (B) United States Senator.
365	365	6 (C) Governor.
366	366	7 (D) United States Representative.
367	367	8 (2) Legislative offices:
368	368	9 (A) State senator.
369	369	10 (B) State representative.
370	370	11 (3) Circuit offices and county judicial offices:
371	371	12 (A) Judge of the circuit court, and unless otherwise specified
372	372	13 under IC 33, with each division separate if there is more than
373	373	14 one (1) judge of the circuit court.
374	374	15 (B) Judge of the superior court, and unless otherwise specified
375	375	16 under IC 33, with each division separate if there is more than
376	376	17 one (1) judge of the superior court.
377	377	18 (C) Judge of the probate court.
378	378	19 (D) Prosecuting attorney.
379	379	20 (E) Circuit court clerk.
380	380	21 (4) County offices:
381	381	22 (A) County auditor.
382	382	23 (B) County recorder.
383	383	24 (C) County treasurer.
384	384	25 (D) County sheriff.
385	385	26 (E) County coroner.
386	386	27 (F) County surveyor.
387	387	28 (G) County assessor.
388	388	29 (H) County commissioner.
389	389	30 (I) County council member.
390	390	31 (5) Township offices:
391	391	32 (A) Township assessor (only in a township referred to in
392	392	33 IC 36-6-5-1(d)).
393	393	34 (B) Township trustee.
394	394	35 (C) Township board member.
395	395	36 (D) Judge of the small claims court.
396	396	37 (E) Constable of the small claims court.
397	397	38 (6) City offices:
398	398	39 (A) Mayor.
399	399	40 (B) Clerk or clerk-treasurer.
400	400	41 (C) Judge of the city court.
401	401	42 (D) City-county council member or common council member.
402	402	2022 IN 1305—LS 6498/DI 147 10
403	403	1 (7) Town offices:
404	404	2 (A) Clerk-treasurer.
405	405	3 (B) Judge of the town court.
406	406	4 (C) Town council member.
407	407	5 (8) School board offices.
408	408	6 (h) The political party offices with candidates for election shall be
409	409	7 placed on the primary election ballot in the following order after the
410	410	8 offices described in subsection (g):
411	411	9 (1) Precinct committeeman.
412	412	10 (2) State convention delegate.
413	413	11 (i) The local offices to be elected at the primary election shall be
414	414	12 placed on the primary election ballot after the offices described in
415	415	13 subsection (h).
416	416	14 (j) The offices described in subsection (i) shall be placed as follows:
417	417	15 (1) In a separate column on the ballot if voting is by paper ballot.
418	418	16 (2) After the offices described in subsection (h) in the form
419	419	17 specified in IC 3-11-13-11 if voting is by ballot card.
420	420	18 (3) Either:
421	421	19 (A) on a separate screen for each office or public question; or
422	422	20 (B) after the offices described in subsection (h) in the form
423	423	21 specified in IC 3-11-14-3.5;
424	424	22 if voting is by an electronic voting system.
425	425	23 SECTION 14. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
426	426	24 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
427	427	25 UPON PASSAGE]: Sec. 1. A special election shall be held in the
428	428	26 following cases:
429	429	27 (1) Whenever two (2) or more candidates for a federal, state,
430	430	28 legislative, or circuit or school board office receive the highest
431	431	29 greatest and an equal number of votes for the office, except as
432	432	30 provided in Article 5, Section 5 of the Constitution of the State of
433	433	31 Indiana. or in IC 20.
434	434	32 (2) Whenever a vacancy occurs in the office of United States
435	435	33 Senator, as provided in IC 3-13-3-1.
436	436	34 (3) Whenever a vacancy occurs in the office of United States
437	437	35 Representative unless the vacancy occurs less than seventy-four
438	438	36 (74) days before a general election.
439	439	37 (4) Whenever a vacancy occurs in any local office the filling of
440	440	38 which is not otherwise provided by law.
441	441	39 (5) Whenever required by law for a public question.
442	442	40 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
443	443	41 recount commission under IC 3-12-11-18.
444	444	42 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
445	445	2022 IN 1305—LS 6498/DI 147 11
446	446	1 legislative office unless the vacancy occurs less than seventy-four
447	447	2 (74) days before a general election.
448	448	3 SECTION 15. IC 3-11-2-12, AS AMENDED BY P.L.109-2021,
449	449	4 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
450	450	5 UPON PASSAGE]: Sec. 12. The following offices shall be placed on
451	451	6 the general election ballot in the following order after the public
452	452	7 questions described in section 10(a) of this chapter:
453	453	8 (1) Federal and state offices:
454	454	9 (A) President and Vice President of the United States.
455	455	10 (B) United States Senator.
456	456	11 (C) Governor and lieutenant governor.
457	457	12 (D) Secretary of state.
458	458	13 (E) Auditor of state.
459	459	14 (F) Treasurer of state.
460	460	15 (G) Attorney general.
461	461	16 (H) United States Representative.
462	462	17 (2) Legislative offices:
463	463	18 (A) State senator.
464	464	19 (B) State representative.
465	465	20 (3) Circuit offices and county judicial offices:
466	466	21 (A) Judge of the circuit court, and unless otherwise specified
467	467	22 under IC 33, with each division separate if there is more than
468	468	23 one (1) judge of the circuit court.
469	469	24 (B) Judge of the superior court, and unless otherwise specified
470	470	25 under IC 33, with each division separate if there is more than
471	471	26 one (1) judge of the superior court.
472	472	27 (C) Judge of the probate court.
473	473	28 (D) Prosecuting attorney.
474	474	29 (E) Clerk of the circuit court.
475	475	30 (4) County offices:
476	476	31 (A) County auditor.
477	477	32 (B) County recorder.
478	478	33 (C) County treasurer.
479	479	34 (D) County sheriff.
480	480	35 (E) County coroner.
481	481	36 (F) County surveyor.
482	482	37 (G) County assessor.
483	483	38 (H) County commissioner.
484	484	39 (I) County council member.
485	485	40 (5) Township offices:
486	486	41 (A) Township assessor (only in a township referred to in
487	487	42 IC 36-6-5-1(d)).
488	488	2022 IN 1305—LS 6498/DI 147 12
489	489	1 (B) Township trustee.
490	490	2 (C) Township board member.
491	491	3 (D) Judge of the small claims court.
492	492	4 (E) Constable of the small claims court.
493	493	5 (6) City offices:
494	494	6 (A) Mayor.
495	495	7 (B) Clerk or clerk-treasurer.
496	496	8 (C) Judge of the city court.
497	497	9 (D) City-county council member or common council member.
498	498	10 (7) Town offices:
499	499	11 (A) Clerk-treasurer.
500	500	12 (B) Judge of the town court.
501	501	13 (C) Town council member.
502	502	14 (8) School board offices.
503	503	15 SECTION 16. IC 3-11-2-12.4, AS AMENDED BY P.L.109-2021,
504	504	16 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
505	505	17 UPON PASSAGE]: Sec. 12.4. (a) This section applies whenever more
506	506	18 than one (1) candidate may be elected to an office.
507	507	19 (b) The office shall be placed on the general election ballot after the
508	508	20 offices described in section 12 of this chapter. and before the offices
509	509	21 described in section 12.9 of this chapter.
510	510	22 (c) Whenever candidates are to be elected to a county council, city
511	511	23 common council, or town council that includes both an at-large
512	512	24 member and a member representing a district, the candidates seeking
513	513	25 election as an at-large member shall be placed on the ballot before
514	514	26 candidates seeking to represent a district.
515	515	27 (d) The ballot shall contain a statement reading substantially as
516	516	28 follows above the name of the first candidate: "To vote for any
517	517	29 candidate for this office, you must make a voting mark for each
518	518	30 candidate you wish to vote for. A straight party vote will not count as
519	519	31 a vote for any candidate for this office.".
520	520	32 SECTION 17. IC 3-11-2-12.9 IS REPEALED [EFFECTIVE UPON
521	521	33 PASSAGE]. Sec. 12.9. (a) School board offices to be elected at the
522	522	34 general election shall be placed on the general election ballot after the
523	523	35 offices described in section 12.4 of this chapter with each candidate for
524	524	36 the office designated as "nonpartisan".
525	525	37 (b) If the ballot contains a candidate for a school board office, the
526	526	38 ballot must also contain a statement that reads substantially as follows:
527	527	39 "To vote for a candidate for this office, make a voting mark on or in the
528	528	40 square to the left of the candidate's name.".
529	529	41 (c) Whenever candidates are to be elected to a school board office
530	530	42 that includes both an at-large member and a member representing a
531	531	2022 IN 1305—LS 6498/DI 147 13
532	532	1 district, the candidates seeking election as an at-large member shall be
533	533	2 placed on the ballot before candidates seeking to represent a district.
534	534	3 SECTION 18. IC 3-11-2-13, AS AMENDED BY P.L.190-2011,
535	535	4 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
536	536	5 UPON PASSAGE]: Sec. 13. (a) The following offices shall be placed
537	537	6 on the general election ballot in the following order after the offices
538	538	7 described in section 12.9 12.4 of this chapter:
539	539	8 (1) Retention of a justice of the supreme court.
540	540	9 (2) Retention of a judge of the court of appeals.
541	541	10 (3) Retention of the judge of the tax court.
542	542	11 (b) Whenever more than one (1) justice of the supreme court is
543	543	12 subject to retention, the name of each justice must appear on the ballot
544	544	13 in alphabetical order. However, if the justice serving as chief justice is
545	545	14 subject to retention, the chief justice's name must appear first.
546	546	15 (c) Whenever more than one (1) judge of the court of appeals is
547	547	16 subject to retention, the name of each judge must appear on the ballot
548	548	17 in alphabetical order. However, if the judge serving as chief judge is
549	549	18 subject to retention, the chief judge's name must appear first.
550	550	19 (d) These offices shall be placed in a separate column on the ballot.
551	551	20 SECTION 19. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
552	552	21 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
553	553	22 UPON PASSAGE]: Sec. 4. (a) Except as provided in subsection (b), a
554	554	23 ballot card voting system must permit a voter to vote:
555	555	24 (1) except at a primary election, a straight party ticket for all of
556	556	25 the candidates of one (1) political party by a single voting mark
557	557	26 on each ballot card;
558	558	27 (2) for one (1) or more candidates of each political party or
559	559	28 independent candidates, or for one (1) or more school board
560	560	29 candidates nominated by petition;
561	561	30 (3) a split ticket for the candidates of different political parties
562	562	31 and for independent candidates; or
563	563	32 (4) a straight party ticket and then split that ticket by casting
564	564	33 individual votes for candidates of another political party or
565	565	34 independent candidate.
566	566	35 (b) A ballot card voting system must require that a voter who wishes
567	567	36 to cast a ballot for a candidate for election to an at-large district to
568	568	37 which more than one person may be elected, on a:
569	569	38 (1) county council;
570	570	39 (2) city common council;
571	571	40 (3) town council; or
572	572	41 (4) township board; or
573	573	42 (5) school board;
574	574	2022 IN 1305—LS 6498/DI 147 14
575	575	1 make a voting mark for each individual candidate for whom the voter
576	576	2 wishes to cast a vote. The ballot card voting system may not count any
577	577	3 straight party ticket voting mark as a vote for any candidate for an
578	578	4 office described by this subsection.
579	579	5 (c) A ballot card voting system must permit a voter to vote:
580	580	6 (1) for all candidates for presidential electors and alternate
581	581	7 presidential electors of a political party or an independent ticket
582	582	8 by making a single voting mark; and
583	583	9 (2) for or against a public question on which the voter may vote.
584	584	10 SECTION 20. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
585	585	11 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
586	586	12 UPON PASSAGE]: Sec. 10. (a) Except as provided in subsection (b),
587	587	13 an electronic voting system must permit a voter to vote:
588	588	14 (1) except at a primary election, a straight party ticket for all the
589	589	15 candidates of one (1) political party by touching the device of that
590	590	16 party;
591	591	17 (2) for one (1) or more candidates of each political party or
592	592	18 independent candidates, or for one (1) or more school board
593	593	19 candidates nominated by petition;
594	594	20 (3) a split ticket for the candidates of different political parties
595	595	21 and for independent candidates; or
596	596	22 (4) a straight party ticket and then split that ticket by casting
597	597	23 individual votes for candidates of another political party or
598	598	24 independent candidates.
599	599	25 (b) An electronic voting system must require that a voter who
600	600	26 wishes to cast a ballot for a candidate for election to an at-large district
601	601	27 to which more than one person may be elected, on a:
602	602	28 (1) county council;
603	603	29 (2) city common council;
604	604	30 (3) town council; or
605	605	31 (4) township board; or
606	606	32 (5) school board;
607	607	33 make a voting mark for each individual candidate for whom the voter
608	608	34 wishes to cast a vote. The electronic voting system may not count any
609	609	35 straight party ticket voting mark as a vote for any candidate for an
610	610	36 office described by this subsection.
611	611	37 (c) An electronic voting system must permit a voter to vote:
612	612	38 (1) for as many candidates for an office as the voter may vote for,
613	613	39 but no more;
614	614	40 (2) for or against a public question on which the voter may vote,
615	615	41 but no other; and
616	616	42 (3) for all the candidates for presidential electors and alternate
617	617	2022 IN 1305—LS 6498/DI 147 15
618	618	1 presidential electors of a political party or an independent ticket
619	619	2 by making a single voting mark.
620	620	3 SECTION 21. IC 3-11-13-11, AS AMENDED BY P.L.193-2021,
621	621	4 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
622	622	5 UPON PASSAGE]: Sec. 11. (a) The ballot information, whether placed
623	623	6 on the ballot card or on the marking device, must be in the order of
624	624	7 arrangement provided for ballots under this section.
625	625	8 (b) Each county election board shall have the names of all
626	626	9 candidates for all elected offices, political party offices, and public
627	627	10 questions printed on a ballot card as provided in this chapter. The
628	628	11 county may:
629	629	12 (1) print all offices and questions on a single ballot card; and
630	630	13 (2) include a ballot variation code to ensure that the proper
631	631	14 version of a ballot is used within a precinct.
632	632	15 (c) Each type of ballot card must be of uniform size and of the same
633	633	16 quality and color of paper (except as permitted under IC 3-10-1-17).
634	634	17 (d) The nominees of a political party or an independent candidate
635	635	18 or independent ticket (described in IC 3-11-2-6) nominated by
636	636	19 petitioners shall be listed on the ballot with the name and device set
637	637	20 forth on the certification or petition. The circle containing the device
638	638	21 may be of any size that permits a voter to readily identify the device.
639	639	22 IC 3-11-2-5 applies if the certification or petition does not include a
640	640	23 name or device, or if the same device is selected by two (2) or more
641	641	24 parties or petitioners.
642	642	25 (e) The offices and public questions on the general election ballot
643	643	26 must be placed on the ballot in the order listed in IC 3-11-2-12,
644	644	27 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),
645	645	28 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
646	646	29 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
647	647	30 public questions may be listed in a continuous column either vertically
648	648	31 or horizontally and on a number of separate pages.
649	649	32 (f) The name of each office must be printed in a uniform size in bold
650	650	33 type. A statement reading substantially as follows must be placed
651	651	34 immediately below the name of the office and above the name of the
652	652	35 first candidate:
653	653	36 (1) "Vote for one (1) only.", if only one (1) candidate is to be
654	654	37 elected to the office.
655	655	38 (2) "Vote for not more than (insert the number of candidates to be
656	656	39 elected) candidate(s) for this office. To vote for any candidate for
657	657	40 this office, you must make a voting mark for each candidate you
658	658	41 wish to vote for. A straight party vote will not count as a vote for
659	659	42 any candidate for this office.", if more than one (1) candidate is to
660	660	2022 IN 1305—LS 6498/DI 147 16
661	661	1 be elected to the office.
662	662	2 (g) Below the name of the office and the statement required by
663	663	3 subsection (f), the names of the candidates for each office must be
664	664	4 grouped together in the following order:
665	665	5 (1) The major political party whose candidate received the highest
666	666	6 number of votes in the county for secretary of state at the last
667	667	7 election is listed first.
668	668	8 (2) The major political party whose candidate received the second
669	669	9 highest number of votes in the county for secretary of state is
670	670	10 listed second.
671	671	11 (3) All other political parties listed in the order that the parties'
672	672	12 candidates for secretary of state finished in the last election are
673	673	13 listed after the party listed in subdivision (2).
674	674	14 (4) If a political party did not have a candidate for secretary of
675	675	15 state in the last election or a nominee is an independent candidate
676	676	16 or independent ticket (described in IC 3-11-2-6), the party or
677	677	17 candidate is listed after the parties described in subdivisions (1),
678	678	18 (2), and (3).
679	679	19 (5) If more than one (1) political party or independent candidate
680	680	20 or ticket described in subdivision (4) qualifies to be on the ballot,
681	681	21 the parties, candidates, or tickets are listed in the order in which
682	682	22 the party filed its petition of nomination under IC 3-8-6-12.
683	683	23 (6) A space for write-in voting is placed after the candidates listed
684	684	24 in subdivisions (1) through (5), if required by law.
685	685	25 (7) The name of a write-in candidate may not be listed on the
686	686	26 ballot.
687	687	27 (h) The names of the candidates grouped in the order established by
688	688	28 subsection (g) must be printed in type with uniform capital letters and
689	689	29 have a uniform space between each name. The name of the candidate's
690	690	30 political party, or the word "Independent" if the:
691	691	31 (1) candidate; or
692	692	32 (2) ticket of candidates for:
693	693	33 (A) President and Vice President of the United States; or
694	694	34 (B) governor and lieutenant governor;
695	695	35 is independent, must be placed immediately below or beside the name
696	696	36 of the candidate and must be printed in a uniform size and type.
697	697	37 (i) All the candidates of the same political party for election to
698	698	38 at-large seats on the fiscal or legislative body of a political subdivision
699	699	39 must be grouped together:
700	700	40 (1) under the name of the office that the candidates are seeking;
701	701	41 (2) in the order established by subsection (g); and
702	702	42 (3) within the political party, in alphabetical order according to
703	703	2022 IN 1305—LS 6498/DI 147 17
704	704	1 surname.
705	705	2 A statement reading substantially as follows must be placed
706	706	3 immediately below the name of the office and above the name of the
707	707	4 first candidate: "Vote for not more than (insert the number of
708	708	5 candidates to be elected) candidate(s) of ANY party for this office.".
709	709	6 (j) Candidates for election to at-large seats on the governing body
710	710	7 of a school corporation must be grouped:
711	711	8 (1) under the name of the office that the candidates are seeking;
712	712	9 and
713	713	10 (2) in alphabetical order according to surname.
714	714	11 A statement reading substantially as follows must be placed
715	715	12 immediately below the name of the office and above the name of the
716	716	13 first candidate: "Vote for not more than (insert the number of
717	717	14 candidates to be elected) candidate(s) for this office.".
718	718	15 (k) (j) The following information must be placed at the top of the
719	719	16 ballot before the first public question is listed:
720	720	17 (1) The cautionary statement described in IC 3-11-2-7.
721	721	18 (2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
722	722	19 and IC 3-11-2-10(e).
723	723	20 (l) (k) The ballot must include a single connectable arrow, circle,
724	724	21 oval, or square, or a voting position for voting a straight party or an
725	725	22 independent ticket (described in IC 3-11-2-6) by one (1) mark as
726	726	23 required by section 14 of this chapter, and the single connectable
727	727	24 arrow, circle, oval, or square, or the voting position for casting a
728	728	25 straight party or an independent ticket ballot must be identified by:
729	729	26 (1) the name of the political party or independent ticket
730	730	27 (described in IC 3-11-2-6); and
731	731	28 (2) immediately below or beside the political party's or
732	732	29 independent ticket's name, the device of that party or ticket
733	733	30 (described in IC 3-11-2-5).
734	734	31 The name and device of each political party or independent ticket must
735	735	32 be of uniform size and type and arranged in the order established by
736	736	33 subsection (g) for listing candidates under each office. The instructions
737	737	34 described in IC 3-11-2-10(c) for voting a straight party ticket and the
738	738	35 statement concerning presidential electors required under IC 3-10-4-3
739	739	36 must be placed on the ballot label. The instructions for voting a straight
740	740	37 party ticket must include the statement: "If you do not wish to vote a
741	741	38 straight party ticket, do not make a mark in this section and proceed to
742	742	39 voting the ballot by office.".
743	743	40 (m) (l) A public question must be in the form described in
744	744	41 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
745	745	42 arrow, a circle, or an oval may be used instead of a square. Except as
746	746	2022 IN 1305—LS 6498/DI 147 18
747	747	1 expressly authorized or required by statute, a county election board
748	748	2 may not print a ballot card that contains language concerning the public
749	749	3 question other than the language authorized by a statute.
750	750	4 (n) (m) The requirements in this section:
751	751	5 (1) do not replace; and
752	752	6 (2) are in addition to;
753	753	7 any other requirements in this title that apply to optical scan ballots.
754	754	8 (o) (n) The procedure described in IC 3-11-2-16 must be used when
755	755	9 a ballot does not comply with the requirements imposed by this title or
756	756	10 contains another error or omission that might result in confusion or
757	757	11 mistakes by voters.
758	758	12 (p) (o) This subsection applies to an optical scan ballot that does not
759	759	13 list:
760	760	14 (1) the names of political parties or candidates; or
761	761	15 (2) the text of public questions;
762	762	16 on the face of the ballot. The ballot must be prepared in accordance
763	763	17 with this section, except that the ballot must include a numbered circle
764	764	18 or oval to refer to each political party, candidate, or public question.
765	765	19 SECTION 22. IC 3-11-14-3.5, AS AMENDED BY P.L.193-2021,
766	766	20 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
767	767	21 UPON PASSAGE]: Sec. 3.5. (a) Each county election board shall have
768	768	22 the names of all candidates for all elected offices, political party
769	769	23 offices, and public questions printed on ballot labels for use in an
770	770	24 electronic voting system as provided in this chapter.
771	771	25 (b) The county may:
772	772	26 (1) print all offices and public questions on a single ballot label;
773	773	27 and
774	774	28 (2) include a ballot variation code to ensure that the proper
775	775	29 version of a ballot label is used within a precinct.
776	776	30 (c) Each type of ballot label must be of uniform size and of the same
777	777	31 quality and color of paper (except as permitted under IC 3-10-1-17).
778	778	32 (d) The nominees of a political party or an independent candidate
779	779	33 or independent ticket (described in IC 3-11-2-6) nominated by
780	780	34 petitioners must be listed on the ballot label with the name and device
781	781	35 set forth on the certification or petition. The circle containing the
782	782	36 device may be of any size that permits a voter to readily identify the
783	783	37 device. IC 3-11-2-5 applies if the certification or petition does not
784	784	38 include a name or device, or if the same device is selected by two (2)
785	785	39 or more parties or petitioners.
786	786	40 (e) The ballot labels must list the offices and public questions on the
787	787	41 general election ballot in the order listed in IC 3-11-2-12,
788	788	42 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),
789	789	2022 IN 1305—LS 6498/DI 147 19
790	790	1 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
791	791	2 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
792	792	3 public question may have a separate screen, or the offices and public
793	793	4 questions may be listed in a continuous column either vertically or
794	794	5 horizontally.
795	795	6 (f) The name of each office must be printed in a uniform size in bold
796	796	7 type. A statement reading substantially as follows must be placed
797	797	8 immediately below the name of the office and above the name of the
798	798	9 first candidate:
799	799	10 (1) "Vote for one (1) only.", if only one (1) candidate is to be
800	800	11 elected to the office.
801	801	12 (2) "Vote for not more than (insert the number of candidates to be
802	802	13 elected) candidate(s) for this office. To vote for any candidate for
803	803	14 this office, you must make a voting mark for each candidate you
804	804	15 wish to vote for. A straight party vote will not count as a vote for
805	805	16 any candidate for this office.", if more than one (1) candidate is to
806	806	17 be elected to the office.
807	807	18 (g) Below the name of the office and the statement required by
808	808	19 subsection (f), the names of the candidates for each office must be
809	809	20 grouped together in the following order:
810	810	21 (1) The major political party whose candidate received the highest
811	811	22 number of votes in the county for secretary of state at the last
812	812	23 election is listed first.
813	813	24 (2) The major political party whose candidate received the second
814	814	25 highest number of votes in the county for secretary of state is
815	815	26 listed second.
816	816	27 (3) All other political parties listed in the order that the parties'
817	817	28 candidates for secretary of state finished in the last election are
818	818	29 listed after the party listed in subdivision (2).
819	819	30 (4) If a political party did not have a candidate for secretary of
820	820	31 state in the last election or a nominee is an independent candidate
821	821	32 or independent ticket (described in IC 3-11-2-6), the party or
822	822	33 candidate is listed after the parties described in subdivisions (1),
823	823	34 (2), and (3).
824	824	35 (5) If more than one (1) political party or independent candidate
825	825	36 or ticket described in subdivision (4) qualifies to be on the ballot,
826	826	37 the parties, candidates, or tickets are listed in the order in which
827	827	38 the party filed its petition of nomination under IC 3-8-6-12.
828	828	39 (6) A space for write-in voting is placed after the candidates listed
829	829	40 in subdivisions (1) through (5), if required by law. A space for
830	830	41 write-in voting for an office is not required if there are no
831	831	42 declared write-in candidates for that office. However, procedures
832	832	2022 IN 1305—LS 6498/DI 147 20
833	833	1 must be implemented to permit write-in voting for candidates for
834	834	2 federal offices.
835	835	3 (7) The name of a write-in candidate may not be listed on the
836	836	4 ballot.
837	837	5 (h) The names of the candidates grouped in the order established by
838	838	6 subsection (g) must be printed in type with uniform capital letters and
839	839	7 have a uniform space between each name. The name of the candidate's
840	840	8 political party, or the word "Independent", if the:
841	841	9 (1) candidate; or
842	842	10 (2) ticket of candidates for:
843	843	11 (A) President and Vice President of the United States; or
844	844	12 (B) governor and lieutenant governor;
845	845	13 is independent, must be placed immediately below or beside the name
846	846	14 of the candidate and must be printed in uniform size and type.
847	847	15 (i) All the candidates of the same political party for election to
848	848	16 at-large seats on the fiscal or legislative body of a political subdivision
849	849	17 must be grouped together:
850	850	18 (1) under the name of the office that the candidates are seeking;
851	851	19 (2) in the party order established by subsection (g); and
852	852	20 (3) within the political party, in alphabetical order according to
853	853	21 surname.
854	854	22 A statement reading substantially as follows must be placed
855	855	23 immediately below the name of the office and above the name of the
856	856	24 first candidate: "Vote for not more than (insert the number of
857	857	25 candidates to be elected) candidate(s) of ANY party for this office.".
858	858	26 (j) Candidates for election to at-large seats on the governing body
859	859	27 of a school corporation must be grouped:
860	860	28 (1) under the name of the office that the candidates are seeking;
861	861	29 and
862	862	30 (2) in alphabetical order according to surname.
863	863	31 A statement reading substantially as follows must be placed
864	864	32 immediately below the name of the office and above the name of the
865	865	33 first candidate: "Vote for not more than (insert the number of
866	866	34 candidates to be elected) candidate(s) for this office.".
867	867	35 (k) (j) The cautionary statement described in IC 3-11-2-7 must be
868	868	36 placed at the top or beginning of the ballot label before the first public
869	869	37 question is listed.
870	870	38 (l) (k) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
871	871	39 and IC 3-11-2-10(e) may be:
872	872	40 (1) placed on the ballot label; or
873	873	41 (2) posted in a location within the voting booth that permits the
874	874	42 voter to easily read the instructions.
875	875	2022 IN 1305—LS 6498/DI 147 21
876	876	1 (m) (l) Except as provided in section 14.5 of this chapter, the ballot
877	877	2 label must include a touch sensitive point or button for voting a straight
878	878	3 political party or independent ticket (described in IC 3-11-2-6) by one
879	879	4 (1) touch, and the touch sensitive point or button must be identified by:
880	880	5 (1) the name of the political party or independent ticket; and
881	881	6 (2) immediately below or beside the political party's or
882	882	7 independent ticket's name, the device of that party or ticket
883	883	8 (described in IC 3-11-2-5).
884	884	9 The name and device of each party or ticket must be of uniform size
885	885	10 and type, and arranged in the order established by subsection (g) for
886	886	11 listing candidates under each office. The instructions described in
887	887	12 IC 3-11-2-10(c) for voting a straight party ticket and the statement
888	888	13 concerning presidential electors required under IC 3-10-4-3 must be
889	889	14 placed on the ballot label. The instructions for voting a straight party
890	890	15 ticket must include the statement: "If you do not wish to vote a straight
891	891	16 party ticket, press "NEXT" (or replace "NEXT" with the term used by
892	892	17 that voting system to permit a voter to skip a ballot screen) to continue
893	893	18 voting.".
894	894	19 (n) (m) A public question must be in the form described in
895	895	20 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
896	896	21 point or button must be used instead of a square. Except as expressly
897	897	22 authorized or required by statute, a county election board may not print
898	898	23 a ballot label that contains language concerning the public question
899	899	24 other than the language authorized by a statute.
900	900	25 (o) (n) The requirements in this section:
901	901	26 (1) do not replace; and
902	902	27 (2) are in addition to;
903	903	28 any other requirements in this title that apply to ballots for electronic
904	904	29 voting systems.
905	905	30 (p) (o) The procedure described in IC 3-11-2-16 must be used when
906	906	31 a ballot label does not comply with the requirements imposed by this
907	907	32 title or contains another error or omission that might result in confusion
908	908	33 or mistakes by voters.
909	909	34 SECTION 23. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
910	910	35 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
911	911	36 UPON PASSAGE]: Sec. 7. (a) This subsection applies whenever a
912	912	37 voter:
913	913	38 (1) votes a straight party ticket; and
914	914	39 (2) votes only for one (1) or more individual candidates who are
915	915	40 all of the same political party as the straight ticket vote.
916	916	41 Except as provided in subsection (d) or (e), the straight ticket vote shall
917	917	42 be counted and the individual candidate votes may not be counted.
918	918	2022 IN 1305—LS 6498/DI 147 22
919	919	1 (b) This subsection applies whenever:
920	920	2 (1) a voter has voted a straight party ticket for the candidates of
921	921	3 one (1) political party;
922	922	4 (2) only one (1) person may be elected to an office; and
923	923	5 (3) the voter has voted for one (1) individual candidate for the
924	924	6 office described in subdivision (2) who is:
925	925	7 (A) a candidate of a political party other than the party for
926	926	8 which the voter voted a straight ticket; or
927	927	9 (B) an independent candidate or declared write-in candidate
928	928	10 for the office.
929	929	11 If the voter has voted for one (1) individual candidate for the office
930	930	12 described in subdivision (2), the individual candidate vote for that
931	931	13 office shall be counted, the straight party ticket vote for that office may
932	932	14 not be counted, and the straight party ticket votes for other offices on
933	933	15 the ballot shall be counted.
934	934	16 (c) This subsection applies whenever:
935	935	17 (1) a voter has voted a straight party ticket for the candidates of
936	936	18 one (1) political party; and
937	937	19 (2) the voter has voted for more individual candidates for the
938	938	20 office than the number of persons to be elected to that office.
939	939	21 The individual candidate votes for that office may not be counted, the
940	940	22 straight party ticket vote for that office may not be counted, and the
941	941	23 straight party ticket votes for other offices on the ballot shall be
942	942	24 counted.
943	943	25 (d) This subsection applies whenever:
944	944	26 (1) a voter has voted a straight party ticket for the candidates of
945	945	27 one (1) political party;
946	946	28 (2) more than one (1) person may be elected to an office; and
947	947	29 (3) the voter has voted for individual candidates for the office
948	948	30 described in subdivision (2) who are:
949	949	31 (A) independent candidates or declared write-in candidates;
950	950	32 (B) candidates of a political party other than the political party
951	951	33 for which the voter cast a straight party ticket under
952	952	34 subdivision (1); or
953	953	35 (C) a combination of candidates described in clauses (A) and
954	954	36 (B).
955	955	37 The individual votes cast by the voter for the office for the independent
956	956	38 candidates, declared write-in candidates, and the candidates of a
957	957	39 political party other than the political party for which the voter cast a
958	958	40 straight party ticket shall be counted unless the total number of these
959	959	41 individual votes is greater than the number of persons to be elected to
960	960	42 the office. The straight party ticket votes for the office shall not be
961	961	2022 IN 1305—LS 6498/DI 147 23
962	962	1 counted. The straight party ticket votes for other offices on the voter's
963	963	2 ballot shall be counted.
964	964	3 (e) This subsection applies whenever:
965	965	4 (1) a voter has voted a straight party ticket for the candidates of
966	966	5 one (1) political party;
967	967	6 (2) more than one (1) person may be elected to an office; and
968	968	7 (3) the voter has voted for individual candidates for the office
969	969	8 described in subdivision (2) who are:
970	970	9 (A) independent candidates, declared write-in candidates, or
971	971	10 candidates of a political party other than the political party for
972	972	11 which the voter cast a straight party ticket under subdivision
973	973	12 (1); and
974	974	13 (B) candidates of the same political party for which the voter
975	975	14 cast a straight party ticket under subdivision (1).
976	976	15 The individual votes cast by the voter for the office for the independent
977	977	16 candidates, the declared write-in candidates, and the candidates of a
978	978	17 political party other than the political party for which the voter cast a
979	979	18 straight party ticket, and the candidates of the political party for which
980	980	19 the voter cast a straight party ticket shall be counted unless the total
981	981	20 number of these individual votes is greater than the number of persons
982	982	21 to be elected to the office. The straight party ticket votes for the office
983	983	22 shall not be counted. The straight party ticket votes for other offices on
984	984	23 the voter's ballot shall be counted.
985	985	24 (f) If a voter votes a straight party ticket for more than one (1)
986	986	25 political party, the whole ballot is void with regard to all candidates
987	987	26 nominated by a political party, declared write-in candidates, or
988	988	27 candidates designated as independent candidates on the ballot.
989	989	28 However, the voter's vote for a school board candidate or on a public
990	990	29 question shall be counted if otherwise valid under this chapter.
991	991	30 (g) If a voter does not vote a straight party ticket and the number of
992	992	31 votes cast by that voter for the candidates for an office are less than or
993	993	32 equal to the number of openings for that office, the individual
994	994	33 candidates votes shall be counted.
995	995	34 (h) If a voter does not vote a straight party ticket and the number of
996	996	35 votes cast by that voter for an office exceeds the number of openings
997	997	36 for that office, none of the votes concerning that office may be counted.
998	998	37 SECTION 24. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
999	999	38 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1000	1000	39 UPON PASSAGE]: Sec. 3. Whenever a circuit court clerk receives
1001	1001	40 certification that a tie vote at an election for a local office or a school
1002	1002	41 board office occurred, the clerk shall immediately send a written notice
1003	1003	42 of the tie vote to the following:
1004	1004	2022 IN 1305—LS 6498/DI 147 24
1005	1005	1 (1) If the tie vote occurred in an election for a local office, the
1006	1006	2 fiscal body of the affected political subdivision. or
1007	1007	3 (2) If the tie vote occurred in an election for a circuit office in a
1008	1008	4 circuit that includes more than one county, to the fiscal body of
1009	1009	5 each county of the circuit.
1010	1010	6 (3) If the tie vote occurred in an election for a school board
1011	1011	7 office, the school board of the affected school corporation.
1012	1012	8 SECTION 25. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
1013	1013	9 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1014	1014	10 UPON PASSAGE]: Sec. 4. (a) This section does not apply if a tie
1015	1015	11 vote occurred in an election for a school board office.
1016	1016	12 (a) (b) The fiscal body of a political subdivision that receives notice
1017	1017	13 under section 3 of this chapter shall resolve the tie vote by electing a
1018	1018	14 person to fill the office not later than December 31 following the
1019	1019	15 election at which the tie vote occurred. The fiscal body shall select one
1020	1020	16 (1) of the candidates who was involved in the tie vote to fill the office.
1021	1021	17 (b) (c) If a tie vote has occurred in an election for a circuit office in
1022	1022	18 a circuit that contains more than one (1) county, the fiscal bodies of the
1023	1023	19 counties shall meet in joint session at the county seat of the county that
1024	1024	20 contains the greatest percentage of population of the circuit to select
1025	1025	21 one (1) of the candidates who was involved in the tie vote in order to
1026	1026	22 fill the office in accordance with this section.
1027	1027	23 (c) (d) If a tie vote has occurred for the election of more than one (1)
1028	1028	24 at-large seat on a legislative or fiscal body, the fiscal body shall select
1029	1029	25 the number of individuals necessary to fill each of the at-large seats for
1030	1030	26 which the tie vote occurred. However, a member of a fiscal body who
1031	1031	27 runs for reelection and is involved in a tie vote may not cast a vote
1032	1032	28 under this section.
1033	1033	29 (d) (e) The executive of the political subdivision (other than a town)
1034	1034	30 or a school corporation) may cast the deciding vote to break a tie vote
1035	1035	31 in a fiscal body acting under this section. The clerk-treasurer of the
1036	1036	32 town may cast the deciding vote to break a tie vote in a town fiscal
1037	1037	33 body acting under this section. A tie vote in the fiscal body of a school
1038	1038	34 corporation under this section shall be broken under IC 20-23.
1039	1039	35 SECTION 26. IC 3-12-9-5 IS AMENDED TO READ AS
1040	1040	36 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. Whenever a tie
1041	1041	37 vote at an election for:
1042	1042	38 (1) a state office; or
1043	1043	39 (2) a local office; or
1044	1044	40 (3) a school board office;
1045	1045	41 occurs, the incumbent public official remains in office in accordance
1046	1046	42 with Article 15, Section 3 of the Constitution of the State of Indiana
1047	1047	2022 IN 1305—LS 6498/DI 147 25
1048	1048	1 until a successor is elected under this chapter and qualified.
1049	1049	2 SECTION 27. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
1050	1050	3 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1051	1051	4 UPON PASSAGE]:
1052	1052	5 Chapter 10.5. School Corporation Governing Body; Resolving
1053	1053	6 Tie Votes; Filling Vacancies
1054	1054	7 Sec. 1. As used in this chapter, "governing body" refers to either
1055	1055	8 of the following:
1056	1056	9 (1) The governing body of a school corporation.
1057	1057	10 (2) The school advisory body of a school corporation.
1058	1058	11 Sec. 2. (a) This section applies if the governing body receives
1059	1059	12 notice under IC 3-12-9-3 that a tie vote has occurred at the election
1060	1060	13 of a member of the governing body.
1061	1061	14 (b) If a tie vote occurs at an election for a member of the
1062	1062	15 governing body and one (1) of the candidates involved in the tie
1063	1063	16 vote is an incumbent member of the governing body, the incumbent
1064	1064	17 member remains in office in accordance with Article 15, Section 3
1065	1065	18 of the Constitution of the State of Indiana until a successor is
1066	1066	19 elected and qualified as provided in this section.
1067	1067	20 (c) The members of the governing body shall resolve the tie vote
1068	1068	21 by electing one (1) individual from among the candidates who was
1069	1069	22 involved in the tie vote to fill the office.
1070	1070	23 (d) If a tie vote has occurred for the election of more than one
1071	1071	24 (1) at-large seat on the governing body, the governing body shall
1072	1072	25 select the number of individuals necessary to fill each of the
1073	1073	26 at-large seats for which the tie vote occurred from among the
1074	1074	27 candidates who were involved in the tie vote.
1075	1075	28 (e) If a member of the governing body is one (1) of the
1076	1076	29 candidates involved in the tie vote, that member may not cast a
1077	1077	30 vote under this section.
1078	1078	31 (f) The governing body shall act under this section not later than
1079	1079	32 December 31 following the election at which the tie vote occurred.
1080	1080	33 Sec. 3. (a) A vacancy on the governing body in an office that was
1081	1081	34 last held by an individual elected or selected as a candidate of a
1082	1082	35 major political party of Indiana shall be filled by a caucus under
1083	1083	36 IC 3-13-11.
1084	1084	37 (b) A vacancy on the governing body in an office that was last
1085	1085	38 held by an individual elected as a candidate other than as a
1086	1086	39 candidate of a major political party of Indiana shall be filled as
1087	1087	40 provided in IC 20-26-4.
1088	1088	41 SECTION 28. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
1089	1089	42 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1090	1090	2022 IN 1305—LS 6498/DI 147 26
1091	1091	1 UPON PASSAGE]: Sec. 29.1. (a) This section applies to each school
1092	1092	2 corporation.
1093	1093	3 (b) If a plan provides for election of members of the governing
1094	1094	4 body, the members of the governing body shall be elected at a general
1095	1095	5 election. Each candidate must file a petition of nomination in
1096	1096	6 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
1097	1097	7 (10) registered voters residing within the boundaries of the community
1098	1098	8 school corporation. The filing must be made within the time specified
1099	1099	9 by IC 3-8-2.5-4. The following applies to the election of members of
1100	1100	10 the governing body:
1101	1101	11 (1) The plan determines whether members are elected:
1102	1102	12 (A) by all the voters of the school corporation;
1103	1103	13 (B) by all the voters of the school corporation from
1104	1104	14 residence districts; or
1105	1105	15 (C) solely by the voters of each election district established
1106	1106	16 under the plan.
1107	1107	17 (2) IC 3 governs the nomination and election of members of
1108	1108	18 the governing body. A candidate must be nominated as
1109	1109	19 provided in IC 3-8-2 or IC 3-8-6, whichever is applicable to
1110	1110	20 the particular candidate.
1111	1111	21 (c) All nominations shall be listed for each office in the form
1112	1112	22 prescribed by IC 3-11-2, but without party designation. Voting and
1113	1113	23 tabulation of votes shall be conducted in the same manner as voting
1114	1114	24 and tabulation in general elections are conducted. The precinct election
1115	1115	25 boards serving in each county shall conduct the election for members
1116	1116	26 of the governing body. If a school corporation is located in more than
1117	1117	27 one (1) county, each county election board shall print the ballots
1118	1118	28 required for voters in that county to vote for candidates for members of
1119	1119	29 the governing body.
1120	1120	30 (d) If the plan provides that the members of the governing body
1121	1121	31 shall be elected by all the voters of the community school corporation,
1122	1122	32 candidates shall be placed on the ballot in the form prescribed by
1123	1123	33 IC 3-11-2, without party designation. The candidates who receive the
1124	1124	34 most votes are elected.
1125	1125	35 (e) If the plan provides that members of the governing body are to
1126	1126	36 be elected from residence districts by all voters in the community
1127	1127	37 school corporation, nominees for the governing body shall be placed on
1128	1128	38 the ballot in the form prescribed by IC 3-11-2, by residence districts
1129	1129	39 without party designation. The ballot must state the number of
1130	1130	40 members to be voted on and the maximum number of members that
1131	1131	41 may be elected from each residence district as provided in the plan. A
1132	1132	42 ballot is not valid if more than the maximum number of members are
1133	1133	2022 IN 1305—LS 6498/DI 147 27
1134	1134	1 voted on from a board member residence district. The candidates who
1135	1135	2 receive the most votes are elected. However, if more than the
1136	1136	3 maximum number that may be elected from a residence district are
1137	1137	4 among those receiving the most votes, the candidates from the
1138	1138	5 residence districts exceeding the maximum number who receive the
1139	1139	6 fewest votes shall be eliminated in determining the candidates who are
1140	1140	7 elected.
1141	1141	8 (f) If the plan provides that members of the governing body are to
1142	1142	9 be elected from electoral districts solely by the voters of each district,
1143	1143	10 nominees residing in each electoral district shall be placed on the ballot
1144	1144	11 in the form prescribed by IC 3-11-2, without party designation. The
1145	1145	12 ballot must state the number of members to be voted on from the
1146	1146	13 electoral district. The candidates residing in the electoral district who
1147	1147	14 receive the most votes are elected.
1148	1148	15 SECTION 29. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
1149	1149	16 SECTION 102, IS AMENDED TO READ AS FOLLOWS
1150	1150	17 [EFFECTIVE UPON PASSAGE]: Sec. 30. (a) This section applies to
1151	1151	18 each school corporation.
1152	1152	19 (b) If a tie vote occurs among any of the candidates, the tie vote
1153	1153	20 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
1154	1154	21 (c) If after the first governing body takes office, fewer candidates
1155	1155	22 have been elected to the school board than there were members to be
1156	1156	23 elected, the governing body shall determine not later than noon
1157	1157	24 December 31 following the election which incumbent member or
1158	1158	25 members continue to hold office under Article 15, Section 3 of the
1159	1159	26 Constitution of the State of Indiana until a successor is elected and
1160	1160	27 qualified. However,
1161	1161	28 (d) If there is a vacancy on the governing body, whether the
1162	1162	29 vacating member was elected or appointed, the remaining members of
1163	1163	30 the governing body, whether or not a majority of the governing body,
1164	1164	31 shall by a majority vote fill the vacancy by appointing a person from
1165	1165	32 within the boundaries of the community school corporation to serve for
1166	1166	33 the term or balance of the term. An individual appointed under this
1167	1167	34 subsection must possess the qualifications provided for a regularly
1168	1168	35 elected or appointed governing body member filling the office. If:
1169	1169	36 (1) a tie vote occurs among the members of the governing body
1170	1170	37 under this subsection or IC 3-12-9-4; or
1171	1171	38 (2) the governing body fails to act within thirty (30) days after any
1172	1172	39 vacancy occurs;
1173	1173	40 the judge of the circuit court in the county where the majority of
1174	1174	41 registered voters of the school corporation reside shall make the
1175	1175	42 appointment. the vacancy shall be filled as provided in
1176	1176	2022 IN 1305—LS 6498/DI 147 28
1177	1177	1 IC 3-13-10.5-3.
1178	1178	2 (d) (e) A vacancy in the governing body occurs if a member ceases
1179	1179	3 to be a resident of any the community school corporation. A vacancy
1180	1180	4 does not occur when the member moves from a district of the school
1181	1181	5 corporation from which the member was elected or appointed if the
1182	1182	6 member continues to be a resident of the school corporation.
1183	1183	7 (e) (f) At the first general election in which members of the
1184	1184	8 governing body are elected:
1185	1185	9 (1) a simple majority of the candidates elected as members of the
1186	1186	10 governing body who receive the greatest number of votes shall be
1187	1187	11 elected for four (4) year terms; and
1188	1188	12 (2) the balance of the candidates elected as members of the
1189	1189	13 governing body receiving the next greatest number of votes shall
1190	1190	14 be elected for two (2) year terms.
1191	1191	15 Thereafter, all school board members shall be elected for four (4) year
1192	1192	16 terms.
1193	1193	17 (f) (g) Elected governing body members take office and assume
1194	1194	18 their duties on the date set in the school corporation's organization plan.
1195	1195	19 The date set in the organization plan for an elected member of the
1196	1196	20 governing body to take office may not be more than fourteen (14)
1197	1197	21 months after the date of the member's election. If the school
1198	1198	22 corporation's organization plan does not set a date for an elected
1199	1199	23 member of the governing body to take office, the member takes office
1200	1200	24 January 1 immediately after the member's election.
1201	1201	25 SECTION 30. IC 20-23-4-35, AS AMENDED BY P.L.271-2013,
1202	1202	26 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1203	1203	27 UPON PASSAGE]: Sec. 35. (a) The governing body of a school
1204	1204	28 corporation may be organized under this section.
1205	1205	29 (b) The governing body consists of seven (7) members, elected as
1206	1206	30 follows:
1207	1207	31 (1) Four (4) members elected from districts, with one (1) member
1208	1208	32 serving from each election district. A member elected under this
1209	1209	33 subdivision must be:
1210	1210	34 (A) a resident of the election district from which the member
1211	1211	35 is elected; and
1212	1212	36 (B) voted upon by only the registered voters residing within
1213	1213	37 the election district and voting at a governing body election.
1214	1214	38 (2) Three (3) members, who are voted upon by all the registered
1215	1215	39 voters residing within the school corporation and voting at a
1216	1216	40 governing body election, elected under this subdivision. The
1217	1217	41 governing body shall establish three (3) residential districts as
1218	1218	42 follows:
1219	1219	2022 IN 1305—LS 6498/DI 147 29
1220	1220	1 (A) One (1) residential district must be the township that has
1221	1221	2 the greatest population within the school corporation.
1222	1222	3 (B) Two (2) residential districts must divide the remaining
1223	1223	4 area within the school corporation.
1224	1224	5 Only one (1) member who resides within a particular residential
1225	1225	6 district established under this subdivision may serve on the
1226	1226	7 governing body at a time.
1227	1227	8 (c) A member of the governing body who is:
1228	1228	9 (1) elected from an election or a residential district; or
1229	1229	10 (2) appointed to fill a vacancy from an election or a residential
1230	1230	11 district;
1231	1231	12 must reside within the boundaries of the district the member represents.
1232	1232	13 (d) A vacancy on the governing body shall be filled by the
1233	1233	14 governing body as soon as practicable after the vacancy occurs. A
1234	1234	15 member chosen by the governing body to fill a vacancy holds office for
1235	1235	16 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
1236	1236	17 (e) The members of the governing body serving at the time a plan
1237	1237	18 is amended under this section shall establish the election and
1238	1238	19 residential districts described in subsection (b).
1239	1239	20 (f) The election districts described in subsection (b)(1):
1240	1240	21 (1) shall be drawn on the basis of precinct lines;
1241	1241	22 (2) may not cross precinct lines; and
1242	1242	23 (3) as nearly as practicable, be of equal population, with the
1243	1243	24 population of the largest exceeding the population of the smallest
1244	1244	25 by not more than fifteen percent (15%).
1245	1245	26 (g) The residential districts described in subsection (b)(2) may:
1246	1246	27 (1) be drawn in any manner considered appropriate by the
1247	1247	28 governing body; and
1248	1248	29 (2) be drawn along township lines.
1249	1249	30 (h) The governing body shall certify the districts that are established
1250	1250	31 under subsections (f) and (g), amended under subsection (e), or
1251	1251	32 recertified under section 35.5 of this chapter to:
1252	1252	33 (1) the state board; and
1253	1253	34 (2) the circuit court clerk of each county in which the school
1254	1254	35 corporation is located as provided in section 35.5 of this chapter.
1255	1255	36 (i) The governing body shall designate:
1256	1256	37 (1) three (3) of the districts established under this section to be
1257	1257	38 elected at the first school board election that occurs after the
1258	1258	39 effective date of the plan; and
1259	1259	40 (2) the remaining four (4) districts to be elected at the second
1260	1260	41 school board election that occurs after the effective date of the
1261	1261	42 plan.
1262	1262	2022 IN 1305—LS 6498/DI 147 30
1263	1263	1 (j) The limitations set forth in this section are part of the plan, but
1264	1264	2 do not have to be specifically set forth in the plan. The plan must be
1265	1265	3 construed, if possible, to comply with this chapter. If a provision of the
1266	1266	4 plan or an application of the plan violates this chapter, the invalidity
1267	1267	5 does not affect the other provisions or applications of the plan that can
1268	1268	6 be given effect without the invalid provision or application. The
1269	1269	7 provisions of the plan are severable.
1270	1270	8 (k) If a conflict exists between:
1271	1271	9 (1) a map showing the boundaries of a district; and
1272	1272	10 (2) a description of the boundaries of that district set forth in the
1273	1273	11 plan or plan amendment;
1274	1274	12 the district boundaries are the description of the boundaries set forth in
1275	1275	13 the plan or plan amendment, not the boundaries shown on the map, to
1276	1276	14 the extent there is a conflict between the description and the map.
1277	1277	15 SECTION 31. IC 20-23-4-44, AS AMENDED BY P.L.119-2012,
1278	1278	16 SECTION 145, IS AMENDED TO READ AS FOLLOWS
1279	1279	17 [EFFECTIVE UPON PASSAGE]: Sec. 44. (a) This section applies only
1280	1280	18 to a school corporation with territory in a county having a population
1281	1281	19 of more than one hundred seventy thousand (170,000) but less than one
1282	1282	20 hundred seventy-five thousand (175,000). one hundred eighty-five
1283	1283	21 thousand (185,000) and less than two hundred thousand (200,000).
1284	1284	22 (b) This section applies If there is a
1285	1285	23 (1) tie vote in an election for a member of the governing body of
1286	1286	24 a school corporation, or
1287	1287	25 (2) vacancy on the governing body of a school corporation.
1288	1288	26 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1289	1289	27 (c) Notwithstanding any other law, If a tie vote occurs among any
1290	1290	28 of the candidates for the governing body or a vacancy occurs on the
1291	1291	29 governing body, the remaining members of the governing body, even
1292	1292	30 if the remaining members do not constitute a majority of the governing
1293	1293	31 body, shall by a majority vote of the remaining members:
1294	1294	32 (1) select one (1) of the candidates who shall be declared and
1295	1295	33 certified elected; or
1296	1296	34 (2) fill the vacancy by appointing an individual to fill the vacancy.
1297	1297	35 the vacancy shall be filled as provided in IC 3-13-10.5-3.
1298	1298	36 (d) An individual appointed to fill a vacancy under subsection
1299	1299	37 (c)(2):
1300	1300	38 (1) must satisfy all the qualifications required of a member of the
1301	1301	39 governing body; and
1302	1302	40 (2) shall fill the remainder of the unexpired term of the vacating
1303	1303	41 member.
1304	1304	42 (e) If a tie vote occurs among the remaining members of the
1305	1305	2022 IN 1305—LS 6498/DI 147 31
1306	1306	1 governing body or the governing body fails to act within thirty (30)
1307	1307	2 days after the election or the vacancy occurs, the fiscal body (as
1308	1308	3 defined in IC 3-5-2-25) of the township in which the greatest
1309	1309	4 percentage of population of the school district resides shall break the
1310	1310	5 tie or make the appointment. A member of the fiscal body who was a
1311	1311	6 candidate and is involved in a tie vote may not cast a vote under this
1312	1312	7 subsection.
1313	1313	8 (f) If the fiscal body of a township is required to act under this
1314	1314	9 section and a vote in the fiscal body results in a tie, the deciding vote
1315	1315	10 to break the tie vote shall be cast by the executive.
1316	1316	11 SECTION 32. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
1317	1317	12 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1318	1318	13 UPON PASSAGE]: Sec. 8.1. (a) The registered voters of the
1319	1319	14 metropolitan school district shall elect the members of the metropolitan
1320	1320	15 board of education at general elections held biennially, beginning with
1321	1321	16 the next general election that is held more than sixty (60) days after the
1322	1322	17 creation of the metropolitan school district as provided in this chapter.
1323	1323	18 (b) Each nominee for the board must file a petition of nomination
1324	1324	19 signed by the nominee and by ten (10) registered voters residing in the
1325	1325	20 same board member district as the nominee. The petition must be filed
1326	1326	21 in accordance with IC 3-8-2.5 with the circuit court clerk of each
1327	1327	22 county in which the metropolitan school district is located.
1328	1328	23 (c) Nominees for the board shall be listed on the general election
1329	1329	24 ballot:
1330	1330	25 (1) in the form prescribed by IC 3-11-2;
1331	1331	26 (2) by board member districts; and
1332	1332	27 (3) without party designation.
1333	1333	28 The ballot must state the number of board members to be voted on and
1334	1334	29 the maximum number of members that may be elected from each board
1335	1335	30 member district as provided under section 5 of this chapter. A ballot
1336	1336	31 that contains more votes than the maximum number allowed from a
1337	1337	32 board member district is invalid.
1338	1338	33 (d) The precinct election boards in each county serving at the
1339	1339	34 general election shall conduct the election for school board members.
1340	1340	35 (e) Voting and tabulation of votes shall be conducted in accordance
1341	1341	36 with IC 3, and the candidates who receive the most votes are elected to
1342	1342	37 the board.
1343	1343	38 (f) If there are more candidates from a particular board member
1344	1344	39 district than may be elected from the board member district under
1345	1345	40 section 5 of this chapter:
1346	1346	41 (1) the number of candidates elected is the greatest number that
1347	1347	42 may be elected from the board member district;
1348	1348	2022 IN 1305—LS 6498/DI 147 32
1349	1349	1 (2) the candidates elected are those who, among the candidates
1350	1350	2 from the board member district, receive the most votes; and
1351	1351	3 (3) the other candidates from the board member district are
1352	1352	4 eliminated.
1353	1353	5 (b) IC 3 governs the nomination and election of candidates. A
1354	1354	6 candidate must be nominated as provided in IC 3-8-2 or IC 3-8-6,
1355	1355	7 whichever is applicable to the particular candidate.
1356	1356	8 (g) (c) If there is a tie vote among the candidates for the board, the
1357	1357	9 judge of the circuit court in the county where the majority of the
1358	1358	10 registered voters of the metropolitan school district reside shall select
1359	1359	11 one (1) of the candidates who shall be declared and certified elected.
1360	1360	12 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1361	1361	13 (h) (d) If, at any time after the first board member election, A
1362	1362	14 vacancy on the board that occurs for any reason including an
1363	1363	15 insufficient number of petitions for candidates being filed, and
1364	1364	16 regardless of whether the vacating member was elected or appointed,
1365	1365	17 the remaining members of the board, whether or not a majority of the
1366	1366	18 board, shall by a majority vote fill the vacancy by:
1367	1367	19 (1) appointing a person from the board member district from
1368	1368	20 which the person who vacated the board was elected; or
1369	1369	21 (2) if the person was appointed, appointing a person from the
1370	1370	22 board member district from which the last elected predecessor of
1371	1371	23 the person was elected.
1372	1372	24 If a majority of the remaining members of the board is unable to agree
1373	1373	25 or the board fails to act within thirty (30) days after a vacancy occurs,
1374	1374	26 the judge of the circuit court in the county where the majority of
1375	1375	27 registered voters of the metropolitan school district reside shall make
1376	1376	28 the appointment. shall be filled as provided in IC 3-13-10.5-3.
1377	1377	29 (i) At a general election held on the earlier of:
1378	1378	30 (1) more than sixty (60) days after an elected board member
1379	1379	31 vacates membership on the board; or
1380	1380	32 (2) immediately before the end of the term for which the vacating
1381	1381	33 member was elected;
1382	1382	34 a successor to a board member appointed under subsection (h) shall be
1383	1383	35 elected. Unless the successor takes office at the end of the term of the
1384	1384	36 vacating member, the member shall serve only for the balance of the
1385	1385	37 vacating member's term. In an election for a successor board member
1386	1386	38 to fill a vacancy for a two (2) year balance of a term, candidates for
1387	1387	39 board membership need not file for or with reference to the vacancy.
1388	1388	40 However, as required by IC 3-11-2, candidates for at-large seats must
1389	1389	41 be distinguished on the ballot from candidates for district seats. If there
1390	1390	42 is more than one (1) at-large seat on the ballot due to this vacancy, the
1391	1391	2022 IN 1305—LS 6498/DI 147 33
1392	1392	1 elected candidate who receives the fewest votes at the election at which
1393	1393	2 the successor is elected shall serve for a two (2) year term.
1394	1394	3 (j) (e) At the first general election where members of the board are
1395	1395	4 elected under this section, the elected candidates who constitute a
1396	1396	5 simple majority of the elected candidates and who receive the most
1397	1397	6 votes shall be elected for four (4) year terms, and the other elected
1398	1398	7 candidates shall be elected for two (2) year terms.
1399	1399	8 (k) (f) Board members shall be elected for four (4) year terms after
1400	1400	9 the first election and shall take office on the date set in the school
1401	1401	10 corporation's organization plan. The date set in the organization plan
1402	1402	11 for an elected member of the governing body to take office may not be
1403	1403	12 more than fourteen (14) months after the date of the member's election.
1404	1404	13 If the school corporation's organization plan does not set a date for an
1405	1405	14 elected member of the governing body to take office, the member takes
1406	1406	15 office January 1 immediately following the member's election.
1407	1407	16 SECTION 33. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
1408	1408	17 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1409	1409	18 UPON PASSAGE]: Sec. 8. (a) The board members of a merged school
1410	1410	19 corporation shall be elected at the first general election following the
1411	1411	20 merged school corporation's creation, and vacancies shall be filled in
1412	1412	21 accordance with IC 20-23-4-30. IC 3-13-10.5-3.
1413	1413	22 (b) Until the first election under subsection (a), the board of trustees
1414	1414	23 of the merged school corporation consists of the members of the
1415	1415	24 governing body of a school corporation in the county.
1416	1416	25 (c) The first board of trustees shall select the name of the merged
1417	1417	26 school corporation by a majority vote. The name may be changed by
1418	1418	27 unanimous vote of the governing body of the merged school
1419	1419	28 corporation.
1420	1420	29 SECTION 34. IC 20-23-12-3, AS AMENDED BY
1421	1421	30 P.L.213-2018(ss), SECTION 16, IS AMENDED TO READ AS
1422	1422	31 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The
1423	1423	32 emergency manager appointed by the distressed unit appeal board
1424	1424	33 under IC 6-1.1-20.3 shall act as the governing body of the school
1425	1425	34 corporation and has the powers set forth in IC 6-1.1-20.3-8.5, including
1426	1426	35 the powers and duties of the governing body of the school corporation.
1427	1427	36 The school corporation shall also have an advisory board that consists
1428	1428	37 of seven (7) members elected as follows:
1429	1429	38 (1) On a nonpartisan basis.
1430	1430	39 (2) in a general election in the county.
1431	1431	40 The advisory board is created to provide nonbinding recommendations
1432	1432	41 to the emergency manager.
1433	1433	42 (b) Six (6) of the members shall be elected from the school districts
1434	1434	2022 IN 1305—LS 6498/DI 147 34
1435	1435	1 drawn under section 4 of this chapter. Each member:
1436	1436	2 (1) is elected from the school district in which the member
1437	1437	3 resides; and
1438	1438	4 (2) upon election and in conducting the business of the advisory
1439	1439	5 board, represents the interests of the entire school corporation.
1440	1440	6 (c) One (1) of the members elected:
1441	1441	7 (1) is the at-large member of the advisory board;
1442	1442	8 (2) may reside in any of the districts drawn under section 4 of this
1443	1443	9 chapter; and
1444	1444	10 (3) upon election and in conducting the business of the advisory
1445	1445	11 board, represents the interests of the entire school corporation.
1446	1446	12 (d) A per diem may not be paid to a member.
1447	1447	13 (e) The advisory board may hold a public meeting subject to the
1448	1448	14 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
1449	1449	15 advisory board is subject to IC 5-14-1.5 (the open door law) for these
1450	1450	16 meetings. The advisory board may hold additional meetings that are
1451	1451	17 authorized as executive sessions under IC 5-14-1.5 (the open door law)
1452	1452	18 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
1453	1453	19 public notice requirements of IC 5-14-1.5 (the open door law) for these
1454	1454	20 additional meetings. The records of the advisory board are subject to
1455	1455	21 IC 5-14-3 (access to public records).
1456	1456	22 SECTION 35. IC 20-23-12-5, AS AMENDED BY
1457	1457	23 P.L.213-2018(ss), SECTION 17, IS AMENDED TO READ AS
1458	1458	24 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The six (6)
1459	1459	25 members who are elected for a position on the advisory board
1460	1460	26 described under section 3(b) of this chapter are determined as follows:
1461	1461	27 (1) Each prospective candidate must file a nomination petition
1462	1462	28 with the board of elections and registration not earlier than one
1463	1463	29 hundred four (104) days and not later than noon seventy-four (74)
1464	1464	30 days before the election at which the members are to be elected
1465	1465	31 that includes the following information:
1466	1466	32 (A) The name of the prospective candidate.
1467	1467	33 (B) The district in which the prospective candidate resides.
1468	1468	34 (C) The signatures of at least one hundred (100) registered
1469	1469	35 voters residing in the school corporation.
1470	1470	36 (D) The fact that the prospective candidate is running for a
1471	1471	37 district position.
1472	1472	38 (E) A certification that the prospective candidate meets the
1473	1473	39 qualifications for candidacy imposed by this chapter. shall be
1474	1474	40 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
1475	1475	41 is applicable to the particular candidate.
1476	1476	42 (2) Only eligible voters residing in the district may vote for a
1477	1477	2022 IN 1305—LS 6498/DI 147 35
1478	1478	1 candidate.
1479	1479	2 (3) The candidate within each district who receives the greatest
1480	1480	3 number of votes in the district is elected. IC 3 governs the
1481	1481	4 nomination and election of members of the advisory board
1482	1482	5 under this subsection.
1483	1483	6 (b) The at-large member elected under section 3(c) of this chapter
1484	1484	7 is determined as follows:
1485	1485	8 (1) Each prospective candidate must file a nomination petition
1486	1486	9 with the clerk of the circuit court at least seventy-four (74) days
1487	1487	10 before the election at which the at-large member is to be elected.
1488	1488	11 The petition must include the following information:
1489	1489	12 (A) The name of the prospective candidate.
1490	1490	13 (B) The signatures of at least one hundred (100) registered
1491	1491	14 voters residing within the school corporation.
1492	1492	15 (C) The fact that the prospective candidate is running for the
1493	1493	16 at-large position on the advisory board.
1494	1494	17 (D) A certification that the prospective candidate meets the
1495	1495	18 qualifications for candidacy imposed by this chapter. shall be
1496	1496	19 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
1497	1497	20 is applicable to the candidate.
1498	1498	21 (2) Only eligible voters residing in the school corporation may
1499	1499	22 vote for a candidate.
1500	1500	23 (3) The candidate who:
1501	1501	24 (A) runs for the at-large position on the advisory board; and
1502	1502	25 (B) receives the greatest number of votes in the school
1503	1503	26 corporation;
1504	1504	27 is elected to the at-large position. IC 3 governs the nomination
1505	1505	28 and election of the member of the advisory board under this
1506	1506	29 subsection.
1507	1507	30 SECTION 36. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011,
1508	1508	31 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1509	1509	32 UPON PASSAGE]: Sec. 2.1. (a) As used in this section, "county
1510	1510	33 election board" includes a board of elections and registration
1511	1511	34 established under IC 3-6-5.2.
1512	1512	35 (b) (a) The voters of the school corporation shall elect the members
1513	1513	36 of the governing body at a general election for a term of four (4) years.
1514	1514	37 The members shall be elected from the city at large without reference
1515	1515	38 to district.
1516	1516	39 (c) (b) Each candidate for election to the governing body must file
1517	1517	40 a petition of nomination with the county election board in each county
1518	1518	41 in which a school corporation subject to this chapter is located. The
1519	1519	42 petition of nomination must comply with IC 3-8-2.5 and the following
1520	1520	2022 IN 1305—LS 6498/DI 147 36
1521	1521	1 requirements:
1522	1522	2 (1) The petition must be signed by at least two hundred (200)
1523	1523	3 legal voters of the school corporation.
1524	1524	4 (2) Each petition may nominate only one (1) candidate.
1525	1525	5 (3) The number of petitions signed by a legal voter may not
1526	1526	6 exceed the number of school trustees to be elected. shall be
1527	1527	7 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever is
1528	1528	8 applicable to the particular candidate.
1529	1529	9 (d) (c) After all the petitions described in subsection (c) are filed
1530	1530	10 with the county election board, the board shall publish the names of
1531	1531	11 those nominated in accordance with IC 5-3-1 and shall certify the
1532	1532	12 nominations in the manner required by law. IC 3 governs the election
1533	1533	13 to the extent that it is not inconsistent with this chapter.
1534	1534	14 (e) The county election board shall prepare the ballot for the general
1535	1535	15 election at which members of the governing body are to be elected so
1536	1536	16 that the names of the candidates nominated appear on the ballot:
1537	1537	17 (1) in alphabetical order;
1538	1538	18 (2) without party designation; and
1539	1539	19 (3) in the form prescribed by IC 3-11-2.
1540	1540	20 (f) The county election board shall not publish or place on the ballot
1541	1541	21 the name of a candidate who is not eligible under this chapter for
1542	1542	22 membership on the governing body.
1543	1543	23 (g) (d) Each voter may vote for as many candidates as there are
1544	1544	24 members of the governing body to be elected.
1545	1545	25 SECTION 37. IC 20-23-14-3, AS AMENDED BY P.L.271-2013,
1546	1546	26 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1547	1547	27 UPON PASSAGE]: Sec. 3. (a) The governing body of the school
1548	1548	28 corporation consists of five (5) members. elected on a nonpartisan
1549	1549	29 basis.
1550	1550	30 (b) Three (3) of the members are elected from the school districts
1551	1551	31 referred to in section 4.5 of this chapter by eligible voters residing in
1552	1552	32 the school districts. Each member:
1553	1553	33 (1) is elected from the school district in which the member
1554	1554	34 resides; and
1555	1555	35 (2) upon election and in conducting the business of the governing
1556	1556	36 body, represents the interests of the entire school corporation.
1557	1557	37 (c) Two (2) of the members:
1558	1558	38 (1) are elected by eligible voters residing in the school
1559	1559	39 corporation;
1560	1560	40 (2) are at-large members of the governing body; and
1561	1561	41 (3) upon election and in conducting the business of the governing
1562	1562	42 body, represent the interests of the entire school corporation.
1563	1563	2022 IN 1305—LS 6498/DI 147 37
1564	1564	1 SECTION 38. IC 20-23-14-5, AS AMENDED BY P.L.6-2012,
1565	1565	2 SECTION 127, IS AMENDED TO READ AS FOLLOWS
1566	1566	3 [EFFECTIVE UPON PASSAGE]: Sec. 5. To be eligible to be a
1567	1567	4 candidate for the governing body under this chapter, the following
1568	1568	5 apply:
1569	1569	6 (1) Each prospective candidate must file a petition of nomination
1570	1570	7 with the board of elections and registration not earlier than one
1571	1571	8 hundred four (104) days and not later than noon seventy-four (74)
1572	1572	9 days before the general election at which the members are to be
1573	1573	10 elected. The petition of nomination must include the following:
1574	1574	11 (A) The name of the prospective candidate.
1575	1575	12 (B) Whether the prospective candidate is a district candidate
1576	1576	13 or an at-large candidate.
1577	1577	14 (C) A certification that the prospective candidate meets the
1578	1578	15 qualifications for candidacy imposed under this chapter.
1579	1579	16 (D) The signatures of at least one hundred (100) registered
1580	1580	17 voters residing in the school corporation. for election shall be
1581	1581	18 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
1582	1582	19 is applicable to the particular candidate.
1583	1583	20 (2) Each prospective candidate for a district position must:
1584	1584	21 (A) reside in the district; and
1585	1585	22 (B) have resided in the district for at least the three (3) years
1586	1586	23 immediately preceding the election; and
1587	1587	24 (C) certify that the candidate meets the qualifications for
1588	1588	25 candidacy imposed under this chapter.
1589	1589	26 (3) Each prospective candidate for an at-large position must:
1590	1590	27 (A) reside in the school corporation; and
1591	1591	28 (B) have resided in the school corporation for at least the three
1592	1592	29 (3) years immediately preceding the election.
1593	1593	30 (4) Each prospective candidate (regardless of whether the
1594	1594	31 candidate is a district candidate or an at-large candidate) must:
1595	1595	32 (A) be a registered voter;
1596	1596	33 (B) have been a registered voter for at least the three (3) years
1597	1597	34 immediately preceding the election; and
1598	1598	35 (C) be a high school graduate or have received a:
1599	1599	36 (i) high school equivalency certificate; or
1600	1600	37 (ii) state general educational development (GED) diploma
1601	1601	38 under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
1602	1602	39 (5) A prospective candidate may not:
1603	1603	40 (A) hold any other elective or appointive office; or
1604	1604	41 (B) have a pecuniary interest in any contract with the school
1605	1605	42 corporation or its governing body;
1606	1606	2022 IN 1305—LS 6498/DI 147 38
1607	1607	1 as prohibited by law.
1608	1608	2 SECTION 39. IC 20-23-15-6, AS ADDED BY P.L.1-2005,
1609	1609	3 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1610	1610	4 UPON PASSAGE]: Sec. 6. (a) The governing body of the school
1611	1611	5 corporation consists of seven (7) members who shall be elected
1612	1612	6 (1) on a nonpartisan basis; and
1613	1613	7 (2) in the general election held in the county.
1614	1614	8 (b) Five (5) of the members shall be elected from the school districts
1615	1615	9 in which the members reside as established under section 7 of this
1616	1616	10 chapter.
1617	1617	11 (c) Two (2) of the members shall be elected at large.
1618	1618	12 (d) Each candidate for election shall be nominated as provided
1619	1619	13 in IC 3-8-2 or IC 3-8-6, whichever is applicable to the particular
1620	1620	14 candidate.
1621	1621	15 SECTION 40. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
1622	1622	16 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1623	1623	17 UPON PASSAGE]: Sec. 3. (a) The governing body of the school
1624	1624	18 corporation consists of five (5) members chosen as follows:
1625	1625	19 (1) Three (3) members shall be elected by the voters of the school
1626	1626	20 corporation at a general election to be held in the county and
1627	1627	21 every four (4) years thereafter.
1628	1628	22 (2) One (1) member shall be appointed by the city executive.
1629	1629	23 (3) One (1) member shall be appointed by the city legislative
1630	1630	24 body.
1631	1631	25 (b) The members elected under subsection (a)(1) shall be elected as
1632	1632	26 follows:
1633	1633	27 (1) On a nonpartisan basis.
1634	1634	28 (2) (1) In a general election held in the county.
1635	1635	29 (3) (2) By the registered voters of the entire school corporation.
1636	1636	30 (c) The following apply to an election of members of the governing
1637	1637	31 body of the school corporation under subsection (a)(1):
1638	1638	32 (1) Each candidate must file a petition of nomination with the
1639	1639	33 circuit court clerk not earlier than one hundred four (104) days
1640	1640	34 and not later than seventy-four (74) days before the election at
1641	1641	35 which members are to be elected. The petition of nomination must
1642	1642	36 include the following information:
1643	1643	37 (A) The name of the candidate.
1644	1644	38 (B) A certification that the candidate meets the qualifications
1645	1645	39 for candidacy imposed by this chapter. for election shall be
1646	1646	40 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
1647	1647	41 is applicable to the particular candidate.
1648	1648	42 (2) Only eligible voters residing in the school corporation may
1649	1649	2022 IN 1305—LS 6498/DI 147 39
1650	1650	1 vote for a candidate seeking election.
1651	1651	2 SECTION 41. IC 20-23-17.2-3.1, AS AMENDED BY
1652	1652	3 P.L.193-2021, SECTION 106, IS AMENDED TO READ AS
1653	1653	4 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.1. (a) The
1654	1654	5 governing body of the school corporation consists of five (5) members,
1655	1655	6 elected as provided in this chapter.
1656	1656	7 (b) Three (3) members shall be elected as follows:
1657	1657	8 (1) From districts established as provided in section 4.1 of this
1658	1658	9 chapter.
1659	1659	10 (2) On a nonpartisan basis.
1660	1660	11 (3) (2) At the general election held in the county in 2022 and
1661	1661	12 every four (4) years thereafter.
1662	1662	13 (c) Two (2) members shall be elected as follows:
1663	1663	14 (1) At large by all the voters of the school corporation.
1664	1664	15 (2) On a nonpartisan basis.
1665	1665	16 (3) (2) At the general election held in the county in 2024 and
1666	1666	17 every four (4) years thereafter.
1667	1667	18 (d) The term of office of a member of the governing body:
1668	1668	19 (1) is four (4) years; and
1669	1669	20 (2) begins January 1 after the election of members of the
1670	1670	21 governing body.
1671	1671	22 (e) Upon assuming office and in conducting the business of the
1672	1672	23 governing body, a member shall represent the interests of the entire
1673	1673	24 school corporation.
1674	1674	25 SECTION 42. IC 20-23-17.2-5, AS AMENDED BY P.L.222-2015,
1675	1675	26 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1676	1676	27 UPON PASSAGE]: Sec. 5. (a) The following apply to an election of
1677	1677	28 members of the governing body of the school corporation under section
1678	1678	29 3.1(b) of this chapter:
1679	1679	30 (1) Each candidate must file a petition of nomination with the
1680	1680	31 circuit court clerk not earlier than one hundred four (104) days
1681	1681	32 and not later than seventy-four (74) days before the general
1682	1682	33 election at which members are to be elected. The petition of
1683	1683	34 nomination must include the following information:
1684	1684	35 (A) The name of the candidate.
1685	1685	36 (B) The candidate's residence address and the district in which
1686	1686	37 the candidate resides.
1687	1687	38 (C) The signatures of at least twenty (20) registered voters
1688	1688	39 residing within the school corporation district the candidate
1689	1689	40 seeks to represent.
1690	1690	41 (D) A certification that the candidate meets the qualifications
1691	1691	42 for candidacy imposed by this chapter.
1692	1692	2022 IN 1305—LS 6498/DI 147 40
1693	1693	1 (E) The school corporation district that the candidate seeks to
1694	1694	2 represent. for election shall be nominated as provided in
1695	1695	3 IC 3-8-2 or IC 3-8-6, whichever is applicable to the
1696	1696	4 particular candidate.
1697	1697	5 (2) Only eligible voters residing in the school corporation district
1698	1698	6 as provided in section 4.1 of this chapter may vote for a candidate
1699	1699	7 to represent that school corporation district.
1700	1700	8 (3) One (1) candidate shall be elected for each school corporation
1701	1701	9 district provided by section 4.1 of this chapter. The candidate
1702	1702	10 elected for a school corporation district must reside within the
1703	1703	11 boundaries of the school corporation district. The candidate
1704	1704	12 elected as the member for a particular school corporation district
1705	1705	13 is the candidate who, among all the candidates who reside within
1706	1706	14 that school corporation district, receives the greatest number of
1707	1707	15 votes from voters residing in that school corporation district.
1708	1708	16 (b) The following apply to an election of the members of the
1709	1709	17 governing body of the school corporation under section 3.1(c) of this
1710	1710	18 chapter:
1711	1711	19 (1) Each candidate must file a petition of nomination with the
1712	1712	20 circuit court clerk not earlier than one hundred four (104) days
1713	1713	21 and not later than seventy-four (74) days before the general
1714	1714	22 election at which members are to be elected. The petition of
1715	1715	23 nomination must include the following information:
1716	1716	24 (A) The name of the candidate.
1717	1717	25 (B) The candidate's residence address.
1718	1718	26 (C) The signatures of at least one hundred (100) registered
1719	1719	27 voters residing within the school corporation.
1720	1720	28 (D) A certification that the candidate meets the qualifications
1721	1721	29 for candidacy imposed by this chapter.
1722	1722	30 (E) The fact that the candidate seeks to be elected from the
1723	1723	31 school corporation at large. for election shall be nominated
1724	1724	32 as provided in IC 3-8-2 or IC 3-8-6, whichever is applicable
1725	1725	33 to the particular candidate.
1726	1726	34 (2) Only eligible voters residing in the school corporation may
1727	1727	35 vote for a candidate.
1728	1728	36 (3) Two (2) candidates shall be elected at large. The two (2)
1729	1729	37 candidates who receive the greatest number of votes among all
1730	1730	38 candidates running for an at-large seat are elected as members of
1731	1731	39 the governing body.
1732	1732	40 SECTION 43. IC 20-25-3-4, AS AMENDED BY P.L.219-2013,
1733	1733	41 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1734	1734	42 UPON PASSAGE]: Sec. 4. (a) The board consists of seven (7)
1735	1735	2022 IN 1305—LS 6498/DI 147 41
1736	1736	1 members. A member:
1737	1737	2 (1) must be elected on a nonpartisan basis in general elections
1738	1738	3 held in the county as specified in this section; and
1739	1739	4 (2) serves a four (4) year term.
1740	1740	5 (b) Five (5) members shall be elected from the school board districts
1741	1741	6 in which the members reside, and two (2) members must be elected at
1742	1742	7 large. Not more than two (2) of the members who serve on the board
1743	1743	8 may reside in the same school board district.
1744	1744	9 (c) If a candidate runs for one (1) of the district positions on the
1745	1745	10 board, only eligible voters residing in the candidate's district may vote
1746	1746	11 for that candidate. If a person is a candidate for one (1) of the at-large
1747	1747	12 positions, eligible voters from all the districts may vote for that
1748	1748	13 candidate.
1749	1749	14 (d) If a candidate files to run for a position on the board, the
1750	1750	15 candidate must specify whether the candidate is running for a district
1751	1751	16 or an at-large position. Each candidate for election shall be
1752	1752	17 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever is
1753	1753	18 applicable to the particular candidate.
1754	1754	19 (e) A candidate who runs for a district or an at-large position wins
1755	1755	20 if the candidate receives the greatest number of votes of all the
1756	1756	21 candidates for the position. IC 3 governs the nomination and election
1757	1757	22 of the members of the board under this section.
1758	1758	23 (f) Districts shall be established within the school city by the state
1759	1759	24 board. The districts must be drawn on the basis of precinct lines, and
1760	1760	25 as nearly as practicable, of equal population with the population of the
1761	1761	26 largest district not to exceed the population of the smallest district by
1762	1762	27 more than five percent (5%). District lines must not cross precinct
1763	1763	28 lines. The state board, with assistance from the county election
1764	1764	29 board, shall establish:
1765	1765	30 (1) balloting procedures for the election under IC 3; and
1766	1766	31 (2) other procedures required to implement this section.
1767	1767	32 (g) A member of the board serves under section 3 of this chapter.
1768	1768	33 (h) In accordance with subsection (k), a vacancy in the board shall
1769	1769	34 be filled temporarily by the board as soon as practicable after the
1770	1770	35 vacancy occurs. The member chosen by the board to fill a vacancy
1771	1771	36 holds office until the member's successor is elected and qualified. The
1772	1772	37 successor shall be elected at the next regular school board election
1773	1773	38 occurring after the date on which the vacancy occurs. The successor
1774	1774	39 fills the vacancy for the remainder of the term.
1775	1775	40 (i) An individual elected to serve on the board begins the
1776	1776	41 individual's term on the date set in the school corporation's organization
1777	1777	42 plan. The date set in the organization plan for an elected member of the
1778	1778	2022 IN 1305—LS 6498/DI 147 42
1779	1779	1 board to take office may not be more than fourteen (14) months after
1780	1780	2 the date of the member's election. If the school corporation's
1781	1781	3 organization plan does not set a date for a member of the board to take
1782	1782	4 office, the member takes office January 1 immediately following the
1783	1783	5 individual's election.
1784	1784	6 (j) Notwithstanding any law to the contrary, each voter must cast a
1785	1785	7 vote for a school board candidate or school board candidates by voting
1786	1786	8 system or paper ballot. However, the same method used to cast votes
1787	1787	9 for all other offices for which candidates have qualified to be on the
1788	1788	10 election ballot must be used for the board offices.
1789	1789	11 (k) If a vacancy in the board exists because of the death of a
1790	1790	12 member, the remaining members of the board shall meet and select an
1791	1791	13 individual to fill the vacancy in accordance with subsection (h) after
1792	1792	14 the secretary of the board receives notice of the death under IC 5-8-6.
1793	1793	15 SECTION 44. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
1794	1794	16 SECTION 107, IS AMENDED TO READ AS FOLLOWS
1795	1795	17 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) This section does not
1796	1796	18 apply to:
1797	1797	19 (1) a vacancy of a member who serves on a governing body in
1798	1798	20 an ex officio capacity; or
1799	1799	21 (2) a vacancy in an appointed board member position if the
1800	1800	22 plan, resolution, or law under which the school corporation
1801	1801	23 operates specifically provides for filling vacancies by the
1802	1802	24 appointing authority.
1803	1803	25 (b) If fewer candidates have been elected to the school board than
1804	1804	26 there were members to be elected, the governing body shall determine
1805	1805	27 not later than noon December 31 following the election which
1806	1806	28 incumbent member or members continue to hold office under Article
1807	1807	29 15, Section 3 of the Constitution of the State of Indiana until a
1808	1808	30 successor is elected and qualified. However,
1809	1809	31 (c) If a vacancy in the membership of a governing body occurs for
1810	1810	32 any reason, whether the vacancy was of an elected or appointed
1811	1811	33 member, the vacancy shall be filled as follows:
1812	1812	34 (1) If the vacant office was last held by an individual elected
1813	1813	35 or selected as a candidate of a major political party of
1814	1814	36 Indiana, the vacancy shall be filled by a caucus under
1815	1815	37 IC 3-13-11.
1816	1816	38 (2) If subdivision (1) does not apply, the remaining members of
1817	1817	39 the governing body shall by majority vote fill the vacancy by
1818	1818	40 appointing a person an individual from within the boundaries of
1819	1819	41 the school corporation. with the residence and other qualifications
1820	1820	42 provided for a regularly elected or appointed board member
1821	1821	2022 IN 1305—LS 6498/DI 147 43
1822	1822	1 filling the membership, to serve for the term or the balance of the
1823	1823	2 term. However, this subsection does not apply to a vacancy:
1824	1824	3 (1) of a member who serves on a governing body in an ex officio
1825	1825	4 capacity; or
1826	1826	5 (2) a vacancy in an appointed board membership if a plan,
1827	1827	6 resolution, or law under which the school corporation operates
1828	1828	7 specifically provides for filling vacancies by the appointing
1829	1829	8 authority.
1830	1830	9 (d) An individual appointed as provided in this section:
1831	1831	10 (1) must possess the qualifications provided for a regularly
1832	1832	11 elected or appointed governing body member filling the
1833	1833	12 office; and
1834	1834	13 (2) holds office for the remainder of the unexpired term.
1835	1835	14 SECTION 45. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
1836	1836	15 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1837	1837	16 UPON PASSAGE]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
1838	1838	17 this section.
1839	1839	18 (b) If a vacancy in a school board office exists because of the death
1840	1840	19 of a school board member, the vacancy shall be filled in accordance
1841	1841	20 with section 4 of this chapter the remaining members of the
1842	1842	21 governing body shall meet and select an individual to fill the vacancy
1843	1843	22 after the secretary of the governing body receives notice of the death
1844	1844	23 under IC 5-8-6. and in accordance with section 4 of this chapter.
1845	1845	24 SECTION 46. IC 20-26-5-4, AS AMENDED BY P.L.270-2019,
1846	1846	25 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1847	1847	26 JULY 1, 2022]: Sec. 4. (a) In carrying out the school purposes of a
1848	1848	27 school corporation, the governing body acting on the school
1849	1849	28 corporation's behalf has the following specific powers:
1850	1850	29 (1) In the name of the school corporation, to sue and be sued and
1851	1851	30 to enter into contracts in matters permitted by applicable law.
1852	1852	31 However, a governing body may not use funds received from the
1853	1853	32 state to bring or join in an action against the state, unless the
1854	1854	33 governing body is challenging an adverse decision by a state
1855	1855	34 agency, board, or commission.
1856	1856	35 (2) To take charge of, manage, and conduct the educational affairs
1857	1857	36 of the school corporation and to establish, locate, and provide the
1858	1858	37 necessary schools, school libraries, other libraries where
1859	1859	38 permitted by law, other buildings, facilities, property, and
1860	1860	39 equipment.
1861	1861	40 (3) To appropriate from the school corporation's general fund
1862	1862	41 (before January 1, 2019) or the school corporation's operations
1863	1863	42 fund (after December 31, 2018) an amount, not to exceed the
1864	1864	2022 IN 1305—LS 6498/DI 147 44
1865	1865	1 greater of three thousand dollars ($3,000) per budget year or one
1866	1866	2 dollar ($1) per pupil, not to exceed twelve thousand five hundred
1867	1867	3 dollars ($12,500), based on the school corporation's ADM of the
1868	1868	4 previous year (as defined in IC 20-43-1-7) to promote the best
1869	1869	5 interests of the school corporation through:
1870	1870	6 (A) the purchase of meals, decorations, memorabilia, or
1871	1871	7 awards;
1872	1872	8 (B) provision for expenses incurred in interviewing job
1873	1873	9 applicants; or
1874	1874	10 (C) developing relations with other governmental units.
1875	1875	11 (4) To do the following:
1876	1876	12 (A) Acquire, construct, erect, maintain, hold, and contract for
1877	1877	13 construction, erection, or maintenance of real estate, real estate
1878	1878	14 improvements, or an interest in real estate or real estate
1879	1879	15 improvements, as the governing body considers necessary for
1880	1880	16 school purposes, including buildings, parts of buildings,
1881	1881	17 additions to buildings, rooms, gymnasiums, auditoriums,
1882	1882	18 playgrounds, playing and athletic fields, facilities for physical
1883	1883	19 training, buildings for administrative, office, warehouse, repair
1884	1884	20 activities, or housing school owned buses, landscaping, walks,
1885	1885	21 drives, parking areas, roadways, easements and facilities for
1886	1886	22 power, sewer, water, roadway, access, storm and surface
1887	1887	23 water, drinking water, gas, electricity, other utilities and
1888	1888	24 similar purposes, by purchase, either outright for cash (or
1889	1889	25 under conditional sales or purchase money contracts providing
1890	1890	26 for a retention of a security interest by the seller until payment
1891	1891	27 is made or by notes where the contract, security retention, or
1892	1892	28 note is permitted by applicable law), by exchange, by gift, by
1893	1893	29 devise, by eminent domain, by lease with or without option to
1894	1894	30 purchase, or by lease under IC 20-47-2, IC 20-47-3, or
1895	1895	31 IC 20-47-5.
1896	1896	32 (B) Repair, remodel, remove, or demolish, or to contract for
1897	1897	33 the repair, remodeling, removal, or demolition of the real
1898	1898	34 estate, real estate improvements, or interest in the real estate
1899	1899	35 or real estate improvements, as the governing body considers
1900	1900	36 necessary for school purposes.
1901	1901	37 (C) Provide for conservation measures through utility
1902	1902	38 efficiency programs or under a guaranteed savings contract as
1903	1903	39 described in IC 36-1-12.5.
1904	1904	40 (5) To acquire personal property or an interest in personal
1905	1905	41 property as the governing body considers necessary for school
1906	1906	42 purposes, including buses, motor vehicles, equipment, apparatus,
1907	1907	2022 IN 1305—LS 6498/DI 147 45
1908	1908	1 appliances, books, furniture, and supplies, either by cash purchase
1909	1909	2 or under conditional sales or purchase money contracts providing
1910	1910	3 for a security interest by the seller until payment is made or by
1911	1911	4 notes where the contract, security, retention, or note is permitted
1912	1912	5 by applicable law, by gift, by devise, by loan, or by lease with or
1913	1913	6 without option to purchase and to repair, remodel, remove,
1914	1914	7 relocate, and demolish the personal property. All purchases and
1915	1915	8 contracts specified under the powers authorized under subdivision
1916	1916	9 (4) and this subdivision are subject solely to applicable law
1917	1917	10 relating to purchases and contracting by municipal corporations
1918	1918	11 in general and to the supervisory control of state agencies as
1919	1919	12 provided in section 6 of this chapter.
1920	1920	13 (6) To sell or exchange real or personal property or interest in real
1921	1921	14 or personal property that, in the opinion of the governing body, is
1922	1922	15 not necessary for school purposes, in accordance with IC 20-26-7
1923	1923	16 and IC 20-26-7.1, to demolish or otherwise dispose of the
1924	1924	17 property if, in the opinion of the governing body, the property is
1925	1925	18 not necessary for school purposes and is worthless, and to pay the
1926	1926	19 expenses for the demolition or disposition.
1927	1927	20 (7) To lease any school property for a rental that the governing
1928	1928	21 body considers reasonable or to permit the free use of school
1929	1929	22 property for:
1930	1930	23 (A) civic or public purposes; or
1931	1931	24 (B) the operation of a school age child care program for
1932	1932	25 children who are at least five (5) years of age and less than
1933	1933	26 fifteen (15) years of age that operates before or after the school
1934	1934	27 day, or both, and during periods when school is not in session;
1935	1935	28 if the property is not needed for school purposes. Under this
1936	1936	29 subdivision, the governing body may enter into a long term lease
1937	1937	30 with a nonprofit corporation, community service organization, or
1938	1938	31 other governmental entity, if the corporation, organization, or
1939	1939	32 other governmental entity will use the property to be leased for
1940	1940	33 civic or public purposes or for a school age child care program.
1941	1941	34 However, if payment for the property subject to a long term lease
1942	1942	35 is made from money in the school corporation's debt service fund,
1943	1943	36 all proceeds from the long term lease must be deposited in the
1944	1944	37 school corporation's debt service fund so long as payment for the
1945	1945	38 property has not been made. The governing body may, at the
1946	1946	39 governing body's option, use the procedure specified in
1947	1947	40 IC 36-1-11-10 in leasing property under this subdivision.
1948	1948	41 (8) To do the following:
1949	1949	42 (A) Employ, contract for, and discharge superintendents,
1950	1950	2022 IN 1305—LS 6498/DI 147 46
1951	1951	1 supervisors, principals, teachers, librarians, athletic coaches
1952	1952	2 (whether or not they are otherwise employed by the school
1953	1953	3 corporation and whether or not they are licensed under
1954	1954	4 IC 20-28-5), business managers, superintendents of buildings
1955	1955	5 and grounds, janitors, engineers, architects, physicians,
1956	1956	6 dentists, nurses, accountants, teacher aides performing
1957	1957	7 noninstructional duties, educational and other professional
1958	1958	8 consultants, data processing and computer service for school
1959	1959	9 purposes, including the making of schedules, the keeping and
1960	1960	10 analyzing of grades and other student data, the keeping and
1961	1961	11 preparing of warrants, payroll, and similar data where
1962	1962	12 approved by the state board of accounts as provided below,
1963	1963	13 and other personnel or services as the governing body
1964	1964	14 considers necessary for school purposes.
1965	1965	15 (B) Fix and pay the salaries and compensation of persons and
1966	1966	16 services described in this subdivision that are consistent with
1967	1967	17 IC 20-28-9-1.5.
1968	1968	18 (C) Classify persons or services described in this subdivision
1969	1969	19 and to adopt a compensation plan with a salary range that is
1970	1970	20 consistent with IC 20-28-9-1.5.
1971	1971	21 (D) Determine the number of the persons or the amount of the
1972	1972	22 services employed or contracted for as provided in this
1973	1973	23 subdivision.
1974	1974	24 (E) Determine the nature and extent of the duties of the
1975	1975	25 persons described in this subdivision.
1976	1976	26 The compensation, terms of employment, and discharge of
1977	1977	27 teachers are, however, subject to and governed by the laws
1978	1978	28 relating to employment, contracting, compensation, and discharge
1979	1979	29 of teachers. The compensation, terms of employment, and
1980	1980	30 discharge of bus drivers are subject to and governed by laws
1981	1981	31 relating to employment, contracting, compensation, and discharge
1982	1982	32 of bus drivers.
1983	1983	33 (9) Notwithstanding the appropriation limitation in subdivision
1984	1984	34 (3), when the governing body by resolution considers a trip by an
1985	1985	35 employee of the school corporation or by a member of the
1986	1986	36 governing body to be in the interest of the school corporation,
1987	1987	37 including attending meetings, conferences, or examining
1988	1988	38 equipment, buildings, and installation in other areas, to permit the
1989	1989	39 employee to be absent in connection with the trip without any loss
1990	1990	40 in pay and to reimburse the employee or the member the
1991	1991	41 employee's or member's reasonable lodging and meal expenses
1992	1992	42 and necessary transportation expenses. To pay teaching personnel
1993	1993	2022 IN 1305—LS 6498/DI 147 47
1994	1994	1 for time spent in sponsoring and working with school related trips
1995	1995	2 or activities.
1996	1996	3 (10) Subject to IC 20-27-13, to transport children to and from
1997	1997	4 school, when in the opinion of the governing body the
1998	1998	5 transportation is necessary, including considerations for the safety
1999	1999	6 of the children. The transportation must be otherwise in
2000	2000	7 accordance with applicable law.
2001	2001	8 (11) To provide a lunch program for a part or all of the students
2002	2002	9 attending the schools of the school corporation, including the
2003	2003	10 establishment of kitchens, kitchen facilities, kitchen equipment,
2004	2004	11 lunch rooms, the hiring of the necessary personnel to operate the
2005	2005	12 lunch program, and the purchase of material and supplies for the
2006	2006	13 lunch program, charging students for the operational costs of the
2007	2007	14 lunch program, fixing the price per meal or per food item. To
2008	2008	15 operate the lunch program as an extracurricular activity, subject
2009	2009	16 to the supervision of the governing body. To participate in a
2010	2010	17 surplus commodity or lunch aid program.
2011	2011	18 (12) To purchase curricular materials, to furnish curricular
2012	2012	19 materials without cost or to rent curricular materials to students,
2013	2013	20 and to participate in a curricular materials aid program, all in
2014	2014	21 accordance with applicable law.
2015	2015	22 (13) To accept students transferred from other school corporations
2016	2016	23 and to transfer students to other school corporations in accordance
2017	2017	24 with applicable law.
2018	2018	25 (14) To make budgets, to appropriate funds, and to disburse the
2019	2019	26 money of the school corporation in accordance with applicable
2020	2020	27 law. To borrow money against current tax collections and
2021	2021	28 otherwise to borrow money, in accordance with IC 20-48-1.
2022	2022	29 (15) To purchase insurance or to establish and maintain a
2023	2023	30 program of self-insurance relating to the liability of the school
2024	2024	31 corporation or the school corporation's employees in connection
2025	2025	32 with motor vehicles or property and for additional coverage to the
2026	2026	33 extent permitted and in accordance with IC 34-13-3-20. To
2027	2027	34 purchase additional insurance or to establish and maintain a
2028	2028	35 program of self-insurance protecting the school corporation and
2029	2029	36 members of the governing body, employees, contractors, or agents
2030	2030	37 of the school corporation from liability, risk, accident, or loss
2031	2031	38 related to school property, school contract, school or school
2032	2032	39 related activity, including the purchase of insurance or the
2033	2033	40 establishment and maintenance of a self-insurance program
2034	2034	41 protecting persons described in this subdivision against false
2035	2035	42 imprisonment, false arrest, libel, or slander for acts committed in
2036	2036	2022 IN 1305—LS 6498/DI 147 48
2037	2037	1 the course of the persons' employment, protecting the school
2038	2038	2 corporation for fire and extended coverage and other casualty
2039	2039	3 risks to the extent of replacement cost, loss of use, and other
2040	2040	4 insurable risks relating to property owned, leased, or held by the
2041	2041	5 school corporation. In accordance with IC 20-26-17, to:
2042	2042	6 (A) participate in a state employee health plan under
2043	2043	7 IC 5-10-8-6.7;
2044	2044	8 (B) purchase insurance; or
2045	2045	9 (C) establish and maintain a program of self-insurance;
2046	2046	10 to benefit school corporation employees, including accident,
2047	2047	11 sickness, health, or dental coverage, provided that a plan of
2048	2048	12 self-insurance must include an aggregate stop-loss provision.
2049	2049	13 (16) To make all applications, to enter into all contracts, and to
2050	2050	14 sign all documents necessary for the receipt of aid, money, or
2051	2051	15 property from the state, the federal government, or from any other
2052	2052	16 source.
2053	2053	17 (17) To defend a member of the governing body or any employee
2054	2054	18 of the school corporation in any suit arising out of the
2055	2055	19 performance of the member's or employee's duties for or
2056	2056	20 employment with, the school corporation, if the governing body
2057	2057	21 by resolution determined that the action was taken in good faith.
2058	2058	22 To save any member or employee harmless from any liability,
2059	2059	23 cost, or damage in connection with the performance, including the
2060	2060	24 payment of legal fees, except where the liability, cost, or damage
2061	2061	25 is predicated on or arises out of the bad faith of the member or
2062	2062	26 employee, or is a claim or judgment based on the member's or
2063	2063	27 employee's malfeasance in office or employment.
2064	2064	28 (18) To prepare, make, enforce, amend, or repeal rules,
2065	2065	29 regulations, and procedures:
2066	2066	30 (A) for the government and management of the schools,
2067	2067	31 property, facilities, and activities of the school corporation, the
2068	2068	32 school corporation's agents, employees, and pupils and for the
2069	2069	33 operation of the governing body; and
2070	2070	34 (B) that may be designated by an appropriate title such as
2071	2071	35 "policy handbook", "bylaws", or "rules and regulations".
2072	2072	36 (19) To ratify and approve any action taken by a member of the
2073	2073	37 governing body, an officer of the governing body, or an employee
2074	2074	38 of the school corporation after the action is taken, if the action
2075	2075	39 could have been approved in advance, and in connection with the
2076	2076	40 action to pay the expense or compensation permitted under
2077	2077	41 IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
2078	2078	42 IC 20-48-1 or any other law.
2079	2079	2022 IN 1305—LS 6498/DI 147 49
2080	2080	1 (20) To exercise any other power and make any expenditure in
2081	2081	2 carrying out the governing body's general powers and purposes
2082	2082	3 provided in this chapter or in carrying out the powers delineated
2083	2083	4 in this section which is reasonable from a business or educational
2084	2084	5 standpoint in carrying out school purposes of the school
2085	2085	6 corporation, including the acquisition of property or the
2086	2086	7 employment or contracting for services, even though the power or
2087	2087	8 expenditure is not specifically set out in this chapter. The specific
2088	2088	9 powers set out in this section do not limit the general grant of
2089	2089	10 powers provided in this chapter except where a limitation is set
2090	2090	11 out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
2091	2091	12 IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by
2092	2092	13 specific language or by reference to other law.
2093	2093	14 (b) A superintendent hired under subsection (a)(8):
2094	2094	15 (1) is not required to hold a teacher's license under IC 20-28-5;
2095	2095	16 and
2096	2096	17 (2) is required to:
2097	2097	18 (A) have obtained at least a master's degree from an accredited
2098	2098	19 postsecondary educational institution; or
2099	2099	20 (B) hold a bachelor's degree in business administration.
2100	2100	21 SECTION 47. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
2101	2101	22 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2102	2102	23 UPON PASSAGE]: Sec. 5. In accordance with rules adopted by the
2103	2103	24 judges of the court under section 6 of this chapter, the presiding judge
2104	2104	25 shall do the following:
2105	2105	26 (1) Ensure that the court operates efficiently and judicially under
2106	2106	27 rules adopted by the court.
2107	2107	28 (2) Annually submit to the fiscal body of Monroe County a budget
2108	2108	29 for the court, including amounts necessary for:
2109	2109	30 (A) the operation of the circuit's probation department;
2110	2110	31 (B) the defense of indigents; and
2111	2111	32 (C) maintaining an adequate law library.
2112	2112	33 (3) Make the appointments or selections required of a circuit or
2113	2113	34 superior court judge under the following statutes:
2114	2114	35 IC 8-4-21-2
2115	2115	36 IC 11-12-2-2
2116	2116	37 IC 16-22-2-4
2117	2117	38 IC 16-22-2-11
2118	2118	39 IC 16-22-7
2119	2119	40 IC 20-23-4
2120	2120	41 IC 20-23-7-6
2121	2121	42 IC 20-23-7-8.1
2122	2122	2022 IN 1305—LS 6498/DI 147 50
2123	2123	1 IC 20-26-7-8
2124	2124	2 IC 20-26-7-14
2125	2125	3 IC 20-47-2-15
2126	2126	4 IC 20-47-3-13
2127	2127	5 IC 36-9
2128	2128	6 IC 36-10
2129	2129	7 IC 36-12-10-10.
2130	2130	8 (4) Make appointments or selections required of a circuit or
2131	2131	9 superior court judge by any other statute, if the appointment or
2132	2132	10 selection is not required of the court because of an action before
2133	2133	11 the court.
2134	2134	12 SECTION 48. [EFFECTIVE JULY 1, 2022] (a) The state board of
2135	2135	13 education shall adopt rules under IC 4-22-2 to implement
2136	2136	14 IC 20-26-5-4, as amended by this act.
2137	2137	15 (b) This section expires July 1, 2027.
2138	2138	16 SECTION 49. An emergency is declared for this act.
2139	2139	2022 IN 1305—LS 6498/DI 147