Indiana 2022 Regular Session

Indiana Senate Bill SB0279 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 279
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5-2; IC 3-8; IC 3-10; IC 3-11; IC 3-12;
7	7	IC 3-13-10.5; IC 20-23; IC 20-26-4; IC 33-33-53-5.
8	8	Synopsis: Election of school board members. Provides that the
9	9	governing body of a school corporation may change the school
10	10	corporation's organizational plan to provide that candidates for election
11	11	to the governing body are elected in a nonpartisan election or as all
12	12	other elected offices are elected. Amends current statutes relating to
13	13	nomination of candidates for school board offices to reflect this option.
14	14	Repeals other superseded statutes. Makes conforming changes.
15	15	Changes population parameters to reflect the population count
16	16	determined under the 2020 decennial census.
17	17	Effective: January 1, 2023.
18	18	Walker G
19	19	January 10, 2022, read first time and referred to Committee on Education and Career
20	20	Development.
21	21	2022 IN 279—LS 6752/DI 75 Introduced
22	22	Second Regular Session of the 122nd General Assembly (2022)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2021 Regular Session of the General Assembly.
32	32	SENATE BILL No. 279
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	elections.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 3-5-2-44 IS AMENDED TO READ AS FOLLOWS
37	37	2 [EFFECTIVE JANUARY 1, 2023]: Sec. 44. (a) "School board" means
38	38	3 the fiscal governing body of a school corporation (as defined in
39	39	4 IC 20-18-2-5).
40	40	5 (b) The term includes an elected school advisory board.
41	41	6 SECTION 2. IC 3-5-2-45 IS AMENDED TO READ AS FOLLOWS
42	42	7 [EFFECTIVE JANUARY 1, 2023]: Sec. 45. (a) "School board office"
43	43	8 refers to an elected position on the school board of a school
44	44	9 corporation.
45	45	10 (b) The term includes an elected school advisory board office.
46	46	11 SECTION 3. IC 3-8-2-2 IS AMENDED TO READ AS FOLLOWS
47	47	12 [EFFECTIVE JANUARY 1, 2023]: Sec. 2. A person (a) An individual
48	48	13 who desires to be nominated at a primary election as a candidate of a
49	49	14 political party subject to this chapter for a federal, state, legislative, or
50	50	15 local, or school board office shall file a declaration of candidacy.
51	51	16 (b) This chapter applies to the nomination of candidates for
52	52	17 election to a school board office only if the school corporation's
53	53	2022 IN 279—LS 6752/DI 75 2
54	54	1 organization plan provides that candidates for election to the
55	55	2 governing body shall be elected as candidates for all other elected
56	56	3 offices are elected.
57	57	4 SECTION 4. IC 3-8-2.5-1, AS ADDED BY P.L.179-2011,
58	58	5 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
59	59	6 JANUARY 1, 2023]: Sec. 1. This chapter applies to a candidate for a
60	60	7 school board office only if the school corporation's organization
61	61	8 plan provides that elected members of the governing body of the
62	62	9 school corporation are to be elected at a nonpartisan election.
63	63	10 SECTION 5. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
64	64	11 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
65	65	12 JANUARY 1, 2023]: Sec. 1. (a) This chapter applies to a candidate for
66	66	13 nomination to an elected office who:
67	67	14 (1) is an independent candidate; or
68	68	15 (2) represents a political party not qualified to nominate
69	69	16 candidates in a primary or by convention.
70	70	17 (b) This chapter does not apply to a candidate for a school board
71	71	18 office. applies to the nomination of candidates for election to a
72	72	19 school board office only if the school corporation's organization
73	73	20 plan provides that candidates for election to the governing body
74	74	21 shall be elected as candidates for all other elected offices are
75	75	22 elected.
76	76	23 SECTION 6. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
77	77	24 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
78	78	25 JANUARY 1, 2023]: Sec. 28. (a) Except as provided in subsections (b)
79	79	26 and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
80	80	27 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
81	81	28 notice of withdrawal in writing with the public official with whom the
82	82	29 certificate of nomination was filed by noon: not later than noon of the
83	83	30 following, whichever is applicable:
84	84	31 (1) July 15 before a general or municipal election, if the nominee
85	85	32 was nominated in a primary election under IC 3-10-1, or if the
86	86	33 nominee was nominated under IC 3-8-6.
87	87	34 (2) August 1 before a municipal election in a town subject to
88	88	35 IC 3-8-5-10.
89	89	36 (3) On the date specified for town convention nominees under
90	90	37 IC 3-8-5-14.5.
91	91	38 (4) On the date specified for declared write-in candidates under
92	92	39 IC 3-8-2-2.7.
93	93	40 (5) On the date specified for a school board candidate under
94	94	41 IC 3-8-2.5-4, or if the nominee was nominated under
95	95	42 IC 3-8-2.5.
96	96	2022 IN 279—LS 6752/DI 75 3
97	97	1 (6) Forty-five (45) days before a special election.
98	98	2 (b) A candidate who is disqualified from being a candidate under
99	99	3 IC 3-8-1-5 must file a notice of withdrawal immediately upon
100	100	4 becoming disqualified. IC 3-8-8-7 and the filing requirements of
101	101	5 subsection (a) do not apply to a notice of withdrawal filed under this
102	102	6 subsection.
103	103	7 (c) A candidate who has moved from the election district the
104	104	8 candidate sought to represent must file a notice of withdrawal
105	105	9 immediately after changing the candidate's residence. IC 3-8-8-7 and
106	106	10 the filing requirements of subsection (a) do not apply to a notice of
107	107	11 withdrawal filed under this subsection.
108	108	12 SECTION 7. IC 3-8-9-5, AS AMENDED BY P.L.278-2019,
109	109	13 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110	110	14 JANUARY 1, 2023]: Sec. 5. An individual required to file a statement
111	111	15 under section 4 of this chapter shall file the statement as follows:
112	112	16 (1) With the individual's:
113	113	17 (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
114	114	18 (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
115	115	19 office described in IC 3-8-2-5 in a county with a separate
116	116	20 board of registration under IC 3-7-12 after certification by the
117	117	21 board of registration;
118	118	22 (C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
119	119	23 office described in IC 3-8-2-5 in a county that does not have a
120	120	24 separate board of registration under IC 3-7-12;
121	121	25 (D) petition of nomination under IC 3-8-6 for an office
122	122	26 described in IC 3-8-2-5 after certification by the county voter
123	123	27 registration office;
124	124	28 (E) certificate of nomination under IC 3-10-2-15 or
125	125	29 IC 3-10-6-12;
126	126	30 (F) statement consenting to be a replacement candidate under
127	127	31 IC 3-8-6-17;
128	128	32 (G) declaration of intent to be a write-in candidate under
129	129	33 IC 3-8-2-2.5; or
130	130	34 (H) certificate of candidate selection under IC 3-13-1 or
131	131	35 IC 3-13-2.
132	132	36 (2) When the individual assumes a vacant elected office under
133	133	37 IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-10.5-3, or
134	134	38 IC 3-13-11. or IC 20-23-4-30. A statement filed under this
135	135	39 subdivision must be filed not later than noon sixty (60) days after
136	136	40 the individual assumes the elected office.
137	137	41 SECTION 8. IC 3-10-1-4 IS AMENDED TO READ AS FOLLOWS
138	138	42 [EFFECTIVE JANUARY 1, 2023]: Sec. 4. (a) At a primary election
139	139	2022 IN 279—LS 6752/DI 75 4
140	140	1 each political party subject to section 2 of this chapter shall nominate
141	141	2 its candidates for the following offices to be voted for at the general
142	142	3 election:
143	143	4 (1) United States Senator.
144	144	5 (2) Governor.
145	145	6 (3) United States Representative.
146	146	7 (4) Legislative offices.
147	147	8 (5) Local offices.
148	148	9 (6) School board offices, but only if the school corporation's
149	149	10 organization plan provides that candidates for election to the
150	150	11 governing body shall be elected as candidates for all other
151	151	12 elected offices are elected.
152	152	13 (b) In addition, each political party subject to section 2 of this
153	153	14 chapter shall:
154	154	15 (1) vote on candidates for nomination as President of the United
155	155	16 States;
156	156	17 (2) elect delegates from each county to the party's state
157	157	18 convention; and
158	158	19 (3) elect a precinct committeeman for each precinct in the county
159	159	20 if precinct committeemen are to be elected under section 4.5 of
160	160	21 this chapter.
161	161	22 SECTION 9. IC 3-10-1-18, AS AMENDED BY P.L.76-2014,
162	162	23 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
163	163	24 JANUARY 1, 2023]: Sec. 18. (a) Except as provided by subsection (b),
164	164	25 the names of all candidates for each office who have qualified under
165	165	26 IC 3-8 shall be arranged in alphabetical order by surnames under the
166	166	27 designation of the office.
167	167	28 (b) This subsection applies to a county having a population of more
168	168	29 than four hundred thousand (400,000) but less than seven hundred
169	169	30 thousand (700,000). This subsection does not apply to the following:
170	170	31 (1) A candidate for precinct committeeman.
171	171	32 (2) A candidate for state convention delegate.
172	172	33 (3) A candidate for a school board office, if the school
173	173	34 corporation's organization plan provides that elected
174	174	35 members of the governing body of the school corporation are
175	175	36 to be elected at a nonpartisan election.
176	176	37 The names of all candidates for each office who have qualified under
177	177	38 IC 3-8 except for a school board office, precinct committeeman, or
178	178	39 state convention delegate, shall be arranged in random order by
179	179	40 surnames under the designation of the office. The random order shall
180	180	41 be determined using a lottery. The lottery held in accordance with this
181	181	42 subsection shall be conducted in public by the county election board.
182	182	2022 IN 279—LS 6752/DI 75 5
183	183	1 The lottery shall be held not later than fifteen (15) days following the
184	184	2 last day for a declaration of candidacy under IC 3-8-2-4. All candidates
185	185	3 whose names are to be arranged by way of the lottery shall be notified
186	186	4 at least five (5) days prior to the lottery of the time and place at which
187	187	5 the lottery is to be held. Each candidate may have one (1) designated
188	188	6 watcher, and each county political party may have one (1) designated
189	189	7 watcher who shall be allowed to observe the lottery procedure.
190	190	8 (c) For paper ballots, the left margin of the ballot for each political
191	191	9 party must show the name of the uppermost candidate printed to the
192	192	10 right of the number 1, the next candidate number 2, the next candidate
193	193	11 number 3, and so on, consecutively to the end of the ballot as
194	194	12 prescribed in section 19 of this chapter. If ordered by a county election
195	195	13 board or a board of elections and registration under IC 3-11-15-13.1(b),
196	196	14 a ballot number or other candidate designation uniquely associated
197	197	15 with the candidate must be displayed on the electronic voting system
198	198	16 and printed on the ballot cards.
199	199	17 (d) This subsection applies to a county having a population of more
200	200	18 than four hundred thousand (400,000) but less than seven hundred
201	201	19 thousand (700,000). If there is insufficient room on a row to list each
202	202	20 candidate of a political party, a second or subsequent row may be
203	203	21 utilized. However, a second or subsequent row may not be utilized
204	204	22 unless the first row, and all preceding rows, have been filled.
205	205	23 SECTION 10. IC 3-10-1-19, AS AMENDED BY P.L.278-2019,
206	206	24 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
207	207	25 JANUARY 1, 2023]: Sec. 19. (a) The ballot for a primary election shall
208	208	26 be printed in substantially the form described in this section for all the
209	209	27 offices for which candidates have qualified under IC 3-8.
210	210	28 (b) The following shall be printed as the heading for the ballot for
211	211	29 a political party:
212	212	30 "OFFICIAL PRIMARY BALLOT
213	213	31 _________________ Party (insert the name of the political party)".
214	214	32 (c) The following shall be printed immediately below the heading
215	215	33 required by subsection (b) or be posted in each voting booth as
216	216	34 provided in IC 3-11-2-8(b):
217	217	35 (1) For paper ballots, print: To vote for a person, make a voting
218	218	36 mark (X or U) on or in the box before the person's name in the
219	219	37 proper column.
220	220	38 (2) For optical scan ballots, print: To vote for a person, darken or
221	221	39 shade in the circle, oval, or square (or draw a line to connect the
222	222	40 arrow) that precedes the person's name in the proper column.
223	223	41 (3) For optical scan ballots that do not contain a candidate's name,
224	224	42 print: To vote for a person, darken or shade in the oval that
225	225	2022 IN 279—LS 6752/DI 75 6
226	226	1 precedes the number assigned to the person's name in the proper
227	227	2 column.
228	228	3 (4) For electronic voting systems, print: To vote for a person,
229	229	4 touch the screen (or press the button) in the location indicated.
230	230	5 (d) Local public questions shall be placed on the primary election
231	231	6 ballot after the heading and the voting instructions described in
232	232	7 subsection (c) (if the instructions are printed on the ballot) and before
233	233	8 the offices described in subsection (g).
234	234	9 (e) The local public questions described in subsection (d) shall be
235	235	10 placed as follows:
236	236	11 (1) In a separate column on the ballot if voting is by paper ballot.
237	237	12 (2) After the heading and the voting instructions described in
238	238	13 subsection (c) (if the instructions are printed on the ballot) and
239	239	14 before the offices described in subsection (g), in the form
240	240	15 specified in IC 3-11-13-11 if voting is by ballot card.
241	241	16 (3) As provided by either of the following if voting is by an
242	242	17 electronic voting system:
243	243	18 (A) On a separate screen for a public question.
244	244	19 (B) After the heading and the voting instructions described in
245	245	20 subsection (c) (if the instructions are printed on the ballot) and
246	246	21 before the offices described in subsection (g), in the form
247	247	22 specified in IC 3-11-14-3.5.
248	248	23 (f) A public question shall be placed on the primary election ballot
249	249	24 in the following form:
250	250	25 (The explanatory text for the public question,
251	251	26 if required by law.)
252	252	27 "Shall (insert public question)?"
253	253	28 [] YES
254	254	29 [] NO
255	255	30 (g) The offices with candidates for nomination shall be placed on
256	256	31 the primary election ballot in the following order:
257	257	32 (1) Federal and state offices:
258	258	33 (A) President of the United States.
259	259	34 (B) United States Senator.
260	260	35 (C) Governor.
261	261	36 (D) United States Representative.
262	262	37 (2) Legislative offices:
263	263	38 (A) State senator.
264	264	39 (B) State representative.
265	265	40 (3) Circuit offices and county judicial offices:
266	266	41 (A) Judge of the circuit court, and unless otherwise specified
267	267	42 under IC 33, with each division separate if there is more than
268	268	2022 IN 279—LS 6752/DI 75 7
269	269	1 one (1) judge of the circuit court.
270	270	2 (B) Judge of the superior court, and unless otherwise specified
271	271	3 under IC 33, with each division separate if there is more than
272	272	4 one (1) judge of the superior court.
273	273	5 (C) Judge of the probate court.
274	274	6 (D) Prosecuting attorney.
275	275	7 (E) Circuit court clerk.
276	276	8 (4) County offices:
277	277	9 (A) County auditor.
278	278	10 (B) County recorder.
279	279	11 (C) County treasurer.
280	280	12 (D) County sheriff.
281	281	13 (E) County coroner.
282	282	14 (F) County surveyor.
283	283	15 (G) County assessor.
284	284	16 (H) County commissioner.
285	285	17 (I) County council member.
286	286	18 (5) Township offices:
287	287	19 (A) Township assessor (only in a township referred to in
288	288	20 IC 36-6-5-1(d)).
289	289	21 (B) Township trustee.
290	290	22 (C) Township board member.
291	291	23 (D) Judge of the small claims court.
292	292	24 (E) Constable of the small claims court.
293	293	25 (6) City offices:
294	294	26 (A) Mayor.
295	295	27 (B) Clerk or clerk-treasurer.
296	296	28 (C) Judge of the city court.
297	297	29 (D) City-county council member or common council member.
298	298	30 (7) Town offices:
299	299	31 (A) Clerk-treasurer.
300	300	32 (B) Judge of the town court.
301	301	33 (C) Town council member.
302	302	34 (8) School board offices, but only if the school corporation's
303	303	35 organization plan provides that candidates for election to the
304	304	36 governing body shall be elected as candidates for all other
305	305	37 elected offices are elected.
306	306	38 (h) The political party offices with candidates for election shall be
307	307	39 placed on the primary election ballot in the following order after the
308	308	40 offices described in subsection (g):
309	309	41 (1) Precinct committeeman.
310	310	42 (2) State convention delegate.
311	311	2022 IN 279—LS 6752/DI 75 8
312	312	1 (i) The local offices to be elected at the primary election shall be
313	313	2 placed on the primary election ballot after the offices described in
314	314	3 subsection (h).
315	315	4 (j) The offices described in subsection (i) shall be placed as follows:
316	316	5 (1) In a separate column on the ballot if voting is by paper ballot.
317	317	6 (2) After the offices described in subsection (h) in the form
318	318	7 specified in IC 3-11-13-11 if voting is by ballot card.
319	319	8 (3) Either:
320	320	9 (A) on a separate screen for each office or public question; or
321	321	10 (B) after the offices described in subsection (h) in the form
322	322	11 specified in IC 3-11-14-3.5;
323	323	12 if voting is by an electronic voting system.
324	324	13 SECTION 11. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
325	325	14 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
326	326	15 JANUARY 1, 2023]: Sec. 1. A special election shall be held in the
327	327	16 following cases:
328	328	17 (1) Whenever two (2) or more candidates for a federal, state,
329	329	18 legislative, or circuit or school board office receive the highest
330	330	19 greatest and an equal number of votes for the office, except as
331	331	20 provided in Article 5, Section 5 of the Constitution of the State of
332	332	21 Indiana. or in IC 20.
333	333	22 (2) Whenever a vacancy occurs in the office of United States
334	334	23 Senator, as provided in IC 3-13-3-1.
335	335	24 (3) Whenever a vacancy occurs in the office of United States
336	336	25 Representative unless the vacancy occurs less than seventy-four
337	337	26 (74) days before a general election.
338	338	27 (4) Whenever a vacancy occurs in any local office the filling of
339	339	28 which is not otherwise provided by law.
340	340	29 (5) Whenever required by law for a public question.
341	341	30 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
342	342	31 recount commission under IC 3-12-11-18.
343	343	32 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
344	344	33 legislative office unless the vacancy occurs less than seventy-four
345	345	34 (74) days before a general election.
346	346	35 SECTION 12. IC 3-11-2-12, AS AMENDED BY P.L.109-2021,
347	347	36 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
348	348	37 JANUARY 1, 2023]: Sec. 12. The following offices shall be placed on
349	349	38 the general election ballot in the following order after the public
350	350	39 questions described in section 10(a) of this chapter:
351	351	40 (1) Federal and state offices:
352	352	41 (A) President and Vice President of the United States.
353	353	42 (B) United States Senator.
354	354	2022 IN 279—LS 6752/DI 75 9
355	355	1 (C) Governor and lieutenant governor.
356	356	2 (D) Secretary of state.
357	357	3 (E) Auditor of state.
358	358	4 (F) Treasurer of state.
359	359	5 (G) Attorney general.
360	360	6 (H) United States Representative.
361	361	7 (2) Legislative offices:
362	362	8 (A) State senator.
363	363	9 (B) State representative.
364	364	10 (3) Circuit offices and county judicial offices:
365	365	11 (A) Judge of the circuit court, and unless otherwise specified
366	366	12 under IC 33, with each division separate if there is more than
367	367	13 one (1) judge of the circuit court.
368	368	14 (B) Judge of the superior court, and unless otherwise specified
369	369	15 under IC 33, with each division separate if there is more than
370	370	16 one (1) judge of the superior court.
371	371	17 (C) Judge of the probate court.
372	372	18 (D) Prosecuting attorney.
373	373	19 (E) Clerk of the circuit court.
374	374	20 (4) County offices:
375	375	21 (A) County auditor.
376	376	22 (B) County recorder.
377	377	23 (C) County treasurer.
378	378	24 (D) County sheriff.
379	379	25 (E) County coroner.
380	380	26 (F) County surveyor.
381	381	27 (G) County assessor.
382	382	28 (H) County commissioner.
383	383	29 (I) County council member.
384	384	30 (5) Township offices:
385	385	31 (A) Township assessor (only in a township referred to in
386	386	32 IC 36-6-5-1(d)).
387	387	33 (B) Township trustee.
388	388	34 (C) Township board member.
389	389	35 (D) Judge of the small claims court.
390	390	36 (E) Constable of the small claims court.
391	391	37 (6) City offices:
392	392	38 (A) Mayor.
393	393	39 (B) Clerk or clerk-treasurer.
394	394	40 (C) Judge of the city court.
395	395	41 (D) City-county council member or common council member.
396	396	42 (7) Town offices:
397	397	2022 IN 279—LS 6752/DI 75 10
398	398	1 (A) Clerk-treasurer.
399	399	2 (B) Judge of the town court.
400	400	3 (C) Town council member.
401	401	4 (8) School board offices, but only if the school corporation's
402	402	5 organization plan provides that candidates for election to the
403	403	6 governing body shall be elected as candidates for all other
404	404	7 elected offices are elected.
405	405	8 SECTION 13. IC 3-11-2-12.9, AS AMENDED BY P.L.109-2021,
406	406	9 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
407	407	10 JANUARY 1, 2023]: Sec. 12.9. (a) This section applies only if the
408	408	11 school corporation's organization plan provides that elected
409	409	12 members of the governing body of the school corporation are to be
410	410	13 elected at a nonpartisan election.
411	411	14 (a) (b) School board offices to be elected at the general election
412	412	15 shall be placed on the general election ballot after the offices described
413	413	16 in section 12.4 of this chapter with each candidate for the office
414	414	17 designated as "nonpartisan".
415	415	18 (b) (c) If the ballot contains a candidate for a school board office,
416	416	19 the ballot must also contain a statement that reads substantially as
417	417	20 follows: "To vote for a candidate for this office, make a voting mark on
418	418	21 or in the square to the left of the candidate's name.".
419	419	22 (c) (d) Whenever candidates are to be elected to a school board
420	420	23 office that includes both an at-large member and a member
421	421	24 representing a district, the candidates seeking election as an at-large
422	422	25 member shall be placed on the ballot before candidates seeking to
423	423	26 represent a district.
424	424	27 SECTION 14. IC 3-11-2-13, AS AMENDED BY P.L.190-2011,
425	425	28 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
426	426	29 JANUARY 1, 2023]: Sec. 13. (a) The following offices shall be placed
427	427	30 on the general election ballot in the following order after the offices
428	428	31 described in section 12.9 12.4 of this chapter, and after the offices
429	429	32 described in section 12.9 of this chapter, if applicable:
430	430	33 (1) Retention of a justice of the supreme court.
431	431	34 (2) Retention of a judge of the court of appeals.
432	432	35 (3) Retention of the judge of the tax court.
433	433	36 (b) Whenever more than one (1) justice of the supreme court is
434	434	37 subject to retention, the name of each justice must appear on the ballot
435	435	38 in alphabetical order. However, if the justice serving as chief justice is
436	436	39 subject to retention, the chief justice's name must appear first.
437	437	40 (c) Whenever more than one (1) judge of the court of appeals is
438	438	41 subject to retention, the name of each judge must appear on the ballot
439	439	42 in alphabetical order. However, if the judge serving as chief judge is
440	440	2022 IN 279—LS 6752/DI 75 11
441	441	1 subject to retention, the chief judge's name must appear first.
442	442	2 (d) These offices shall be placed in a separate column on the ballot.
443	443	3 SECTION 15. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
444	444	4 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
445	445	5 JANUARY 1, 2023]: Sec. 4. (a) Except as provided in subsection (b),
446	446	6 a ballot card voting system must permit a voter to vote:
447	447	7 (1) except at a primary election, a straight party ticket for all of
448	448	8 the candidates of one (1) political party by a single voting mark
449	449	9 on each ballot card;
450	450	10 (2) for one (1) or more candidates of each political party or
451	451	11 independent candidates, or for one (1) or more school board
452	452	12 candidates nominated by petition;
453	453	13 (3) a split ticket for the candidates of different political parties
454	454	14 and for independent candidates; or
455	455	15 (4) a straight party ticket and then split that ticket by casting
456	456	16 individual votes for candidates of another political party or
457	457	17 independent candidate.
458	458	18 (b) A ballot card voting system must require that a voter who wishes
459	459	19 to cast a ballot for a candidate for election to an at-large district to
460	460	20 which more than one person may be elected, on a:
461	461	21 (1) county council;
462	462	22 (2) city common council;
463	463	23 (3) town council; or
464	464	24 (4) township board; or
465	465	25 (5) school board;
466	466	26 make a voting mark for each individual candidate for whom the voter
467	467	27 wishes to cast a vote. The ballot card voting system may not count any
468	468	28 straight party ticket voting mark as a vote for any candidate for an
469	469	29 office described by this subsection.
470	470	30 (c) A ballot card voting system must permit a voter to vote:
471	471	31 (1) for all candidates for presidential electors and alternate
472	472	32 presidential electors of a political party or an independent ticket
473	473	33 by making a single voting mark; and
474	474	34 (2) for or against a public question on which the voter may vote.
475	475	35 SECTION 16. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
476	476	36 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
477	477	37 JANUARY 1, 2023]: Sec. 10. (a) Except as provided in subsection (b),
478	478	38 an electronic voting system must permit a voter to vote:
479	479	39 (1) except at a primary election, a straight party ticket for all the
480	480	40 candidates of one (1) political party by touching the device of that
481	481	41 party;
482	482	42 (2) for one (1) or more candidates of each political party or
483	483	2022 IN 279—LS 6752/DI 75 12
484	484	1 independent candidates, or for one (1) or more school board
485	485	2 candidates nominated by petition;
486	486	3 (3) a split ticket for the candidates of different political parties
487	487	4 and for independent candidates; or
488	488	5 (4) a straight party ticket and then split that ticket by casting
489	489	6 individual votes for candidates of another political party or
490	490	7 independent candidates.
491	491	8 (b) An electronic voting system must require that a voter who
492	492	9 wishes to cast a ballot for a candidate for election to an at-large district
493	493	10 to which more than one person may be elected, on a:
494	494	11 (1) county council;
495	495	12 (2) city common council;
496	496	13 (3) town council; or
497	497	14 (4) township board; or
498	498	15 (5) school board;
499	499	16 make a voting mark for each individual candidate for whom the voter
500	500	17 wishes to cast a vote. The electronic voting system may not count any
501	501	18 straight party ticket voting mark as a vote for any candidate for an
502	502	19 office described by this subsection.
503	503	20 (c) An electronic voting system must permit a voter to vote:
504	504	21 (1) for as many candidates for an office as the voter may vote for,
505	505	22 but no more;
506	506	23 (2) for or against a public question on which the voter may vote,
507	507	24 but no other; and
508	508	25 (3) for all the candidates for presidential electors and alternate
509	509	26 presidential electors of a political party or an independent ticket
510	510	27 by making a single voting mark.
511	511	28 SECTION 17. IC 3-11-13-11, AS AMENDED BY P.L.193-2021,
512	512	29 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
513	513	30 JANUARY 1, 2023]: Sec. 11. (a) The ballot information, whether
514	514	31 placed on the ballot card or on the marking device, must be in the order
515	515	32 of arrangement provided for ballots under this section.
516	516	33 (b) Each county election board shall have the names of all
517	517	34 candidates for all elected offices, political party offices, and public
518	518	35 questions printed on a ballot card as provided in this chapter. The
519	519	36 county may:
520	520	37 (1) print all offices and questions on a single ballot card; and
521	521	38 (2) include a ballot variation code to ensure that the proper
522	522	39 version of a ballot is used within a precinct.
523	523	40 (c) Each type of ballot card must be of uniform size and of the same
524	524	41 quality and color of paper (except as permitted under IC 3-10-1-17).
525	525	42 (d) The nominees of a political party or an independent candidate
526	526	2022 IN 279—LS 6752/DI 75 13
527	527	1 or independent ticket (described in IC 3-11-2-6) nominated by
528	528	2 petitioners shall be listed on the ballot with the name and device set
529	529	3 forth on the certification or petition. The circle containing the device
530	530	4 may be of any size that permits a voter to readily identify the device.
531	531	5 IC 3-11-2-5 applies if the certification or petition does not include a
532	532	6 name or device, or if the same device is selected by two (2) or more
533	533	7 parties or petitioners.
534	534	8 (e) The offices and public questions on the general election ballot
535	535	9 must be placed on the ballot in the order listed in IC 3-11-2-12,
536	536	10 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),
537	537	11 IC 3-11-2-12.9(c), IC 3-11-2-12.9 (if applicable), IC 3-11-2-13(a)
538	538	12 through IC 3-11-2-13(c), IC 3-11-2-14(a), IC 3-11-2-14(d), and
539	539	13 IC 3-11-2-14(e). The offices and public questions may be listed in a
540	540	14 continuous column either vertically or horizontally and on a number of
541	541	15 separate pages.
542	542	16 (f) The name of each office must be printed in a uniform size in bold
543	543	17 type. A statement reading substantially as follows must be placed
544	544	18 immediately below the name of the office and above the name of the
545	545	19 first candidate:
546	546	20 (1) "Vote for one (1) only.", if only one (1) candidate is to be
547	547	21 elected to the office.
548	548	22 (2) "Vote for not more than (insert the number of candidates to be
549	549	23 elected) candidate(s) for this office. To vote for any candidate for
550	550	24 this office, you must make a voting mark for each candidate you
551	551	25 wish to vote for. A straight party vote will not count as a vote for
552	552	26 any candidate for this office.", if more than one (1) candidate is to
553	553	27 be elected to the office.
554	554	28 (g) Below the name of the office and the statement required by
555	555	29 subsection (f), the names of the candidates for each office must be
556	556	30 grouped together in the following order:
557	557	31 (1) The major political party whose candidate received the highest
558	558	32 number of votes in the county for secretary of state at the last
559	559	33 election is listed first.
560	560	34 (2) The major political party whose candidate received the second
561	561	35 highest number of votes in the county for secretary of state is
562	562	36 listed second.
563	563	37 (3) All other political parties listed in the order that the parties'
564	564	38 candidates for secretary of state finished in the last election are
565	565	39 listed after the party listed in subdivision (2).
566	566	40 (4) If a political party did not have a candidate for secretary of
567	567	41 state in the last election or a nominee is an independent candidate
568	568	42 or independent ticket (described in IC 3-11-2-6), the party or
569	569	2022 IN 279—LS 6752/DI 75 14
570	570	1 candidate is listed after the parties described in subdivisions (1),
571	571	2 (2), and (3).
572	572	3 (5) If more than one (1) political party or independent candidate
573	573	4 or ticket described in subdivision (4) qualifies to be on the ballot,
574	574	5 the parties, candidates, or tickets are listed in the order in which
575	575	6 the party filed its petition of nomination under IC 3-8-6-12.
576	576	7 (6) A space for write-in voting is placed after the candidates listed
577	577	8 in subdivisions (1) through (5), if required by law.
578	578	9 (7) The name of a write-in candidate may not be listed on the
579	579	10 ballot.
580	580	11 (h) The names of the candidates grouped in the order established by
581	581	12 subsection (g) must be printed in type with uniform capital letters and
582	582	13 have a uniform space between each name. The name of the candidate's
583	583	14 political party, or the word "Independent" if the:
584	584	15 (1) candidate; or
585	585	16 (2) ticket of candidates for:
586	586	17 (A) President and Vice President of the United States; or
587	587	18 (B) governor and lieutenant governor;
588	588	19 is independent, must be placed immediately below or beside the name
589	589	20 of the candidate and must be printed in a uniform size and type.
590	590	21 (i) All the candidates of the same political party for election to
591	591	22 at-large seats on the fiscal or legislative body of a political subdivision
592	592	23 must be grouped together:
593	593	24 (1) under the name of the office that the candidates are seeking;
594	594	25 (2) in the order established by subsection (g); and
595	595	26 (3) within the political party, in alphabetical order according to
596	596	27 surname.
597	597	28 A statement reading substantially as follows must be placed
598	598	29 immediately below the name of the office and above the name of the
599	599	30 first candidate: "Vote for not more than (insert the number of
600	600	31 candidates to be elected) candidate(s) of ANY party for this office.".
601	601	32 (j) Candidates for election to at-large seats on the governing body
602	602	33 of a school corporation must be grouped:
603	603	34 (1) under the name of the office that the candidates are seeking;
604	604	35 and
605	605	36 (2) in alphabetical order according to surname.
606	606	37 A statement reading substantially as follows must be placed
607	607	38 immediately below the name of the office and above the name of the
608	608	39 first candidate: "Vote for not more than (insert the number of
609	609	40 candidates to be elected) candidate(s) for this office.".
610	610	41 (k) The following information must be placed at the top of the ballot
611	611	42 before the first public question is listed:
612	612	2022 IN 279—LS 6752/DI 75 15
613	613	1 (1) The cautionary statement described in IC 3-11-2-7.
614	614	2 (2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
615	615	3 and IC 3-11-2-10(e).
616	616	4 (l) The ballot must include a single connectable arrow, circle, oval,
617	617	5 or square, or a voting position for voting a straight party or an
618	618	6 independent ticket (described in IC 3-11-2-6) by one (1) mark as
619	619	7 required by section 14 of this chapter, and the single connectable
620	620	8 arrow, circle, oval, or square, or the voting position for casting a
621	621	9 straight party or an independent ticket ballot must be identified by:
622	622	10 (1) the name of the political party or independent ticket
623	623	11 (described in IC 3-11-2-6); and
624	624	12 (2) immediately below or beside the political party's or
625	625	13 independent ticket's name, the device of that party or ticket
626	626	14 (described in IC 3-11-2-5).
627	627	15 The name and device of each political party or independent ticket must
628	628	16 be of uniform size and type and arranged in the order established by
629	629	17 subsection (g) for listing candidates under each office. The instructions
630	630	18 described in IC 3-11-2-10(c) for voting a straight party ticket and the
631	631	19 statement concerning presidential electors required under IC 3-10-4-3
632	632	20 must be placed on the ballot label. The instructions for voting a straight
633	633	21 party ticket must include the statement: "If you do not wish to vote a
634	634	22 straight party ticket, do not make a mark in this section and proceed to
635	635	23 voting the ballot by office.".
636	636	24 (m) A public question must be in the form described in
637	637	25 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
638	638	26 arrow, a circle, or an oval may be used instead of a square. Except as
639	639	27 expressly authorized or required by statute, a county election board
640	640	28 may not print a ballot card that contains language concerning the public
641	641	29 question other than the language authorized by a statute.
642	642	30 (n) The requirements in this section:
643	643	31 (1) do not replace; and
644	644	32 (2) are in addition to;
645	645	33 any other requirements in this title that apply to optical scan ballots.
646	646	34 (o) The procedure described in IC 3-11-2-16 must be used when a
647	647	35 ballot does not comply with the requirements imposed by this title or
648	648	36 contains another error or omission that might result in confusion or
649	649	37 mistakes by voters.
650	650	38 (p) This subsection applies to an optical scan ballot that does not
651	651	39 list:
652	652	40 (1) the names of political parties or candidates; or
653	653	41 (2) the text of public questions;
654	654	42 on the face of the ballot. The ballot must be prepared in accordance
655	655	2022 IN 279—LS 6752/DI 75 16
656	656	1 with this section, except that the ballot must include a numbered circle
657	657	2 or oval to refer to each political party, candidate, or public question.
658	658	3 SECTION 18. IC 3-11-14-3.5, AS AMENDED BY P.L.193-2021,
659	659	4 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
660	660	5 JANUARY 1, 2023]: Sec. 3.5. (a) Each county election board shall
661	661	6 have the names of all candidates for all elected offices, political party
662	662	7 offices, and public questions printed on ballot labels for use in an
663	663	8 electronic voting system as provided in this chapter.
664	664	9 (b) The county may:
665	665	10 (1) print all offices and public questions on a single ballot label;
666	666	11 and
667	667	12 (2) include a ballot variation code to ensure that the proper
668	668	13 version of a ballot label is used within a precinct.
669	669	14 (c) Each type of ballot label must be of uniform size and of the same
670	670	15 quality and color of paper (except as permitted under IC 3-10-1-17).
671	671	16 (d) The nominees of a political party or an independent candidate
672	672	17 or independent ticket (described in IC 3-11-2-6) nominated by
673	673	18 petitioners must be listed on the ballot label with the name and device
674	674	19 set forth on the certification or petition. The circle containing the
675	675	20 device may be of any size that permits a voter to readily identify the
676	676	21 device. IC 3-11-2-5 applies if the certification or petition does not
677	677	22 include a name or device, or if the same device is selected by two (2)
678	678	23 or more parties or petitioners.
679	679	24 (e) The ballot labels must list the offices and public questions on the
680	680	25 general election ballot in the order listed in IC 3-11-2-12,
681	681	26 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),
682	682	27 IC 3-11-2-12.9(c), IC 3-11-2-12.9 (if applicable), IC 3-11-2-13(a)
683	683	28 through IC 3-11-2-13(c), IC 3-11-2-14(a), IC 3-11-2-14(d), and
684	684	29 IC 3-11-2-14(e). Each office and public question may have a separate
685	685	30 screen, or the offices and public questions may be listed in a
686	686	31 continuous column either vertically or horizontally.
687	687	32 (f) The name of each office must be printed in a uniform size in bold
688	688	33 type. A statement reading substantially as follows must be placed
689	689	34 immediately below the name of the office and above the name of the
690	690	35 first candidate:
691	691	36 (1) "Vote for one (1) only.", if only one (1) candidate is to be
692	692	37 elected to the office.
693	693	38 (2) "Vote for not more than (insert the number of candidates to be
694	694	39 elected) candidate(s) for this office. To vote for any candidate for
695	695	40 this office, you must make a voting mark for each candidate you
696	696	41 wish to vote for. A straight party vote will not count as a vote for
697	697	42 any candidate for this office.", if more than one (1) candidate is to
698	698	2022 IN 279—LS 6752/DI 75 17
699	699	1 be elected to the office.
700	700	2 (g) Below the name of the office and the statement required by
701	701	3 subsection (f), the names of the candidates for each office must be
702	702	4 grouped together in the following order:
703	703	5 (1) The major political party whose candidate received the highest
704	704	6 number of votes in the county for secretary of state at the last
705	705	7 election is listed first.
706	706	8 (2) The major political party whose candidate received the second
707	707	9 highest number of votes in the county for secretary of state is
708	708	10 listed second.
709	709	11 (3) All other political parties listed in the order that the parties'
710	710	12 candidates for secretary of state finished in the last election are
711	711	13 listed after the party listed in subdivision (2).
712	712	14 (4) If a political party did not have a candidate for secretary of
713	713	15 state in the last election or a nominee is an independent candidate
714	714	16 or independent ticket (described in IC 3-11-2-6), the party or
715	715	17 candidate is listed after the parties described in subdivisions (1),
716	716	18 (2), and (3).
717	717	19 (5) If more than one (1) political party or independent candidate
718	718	20 or ticket described in subdivision (4) qualifies to be on the ballot,
719	719	21 the parties, candidates, or tickets are listed in the order in which
720	720	22 the party filed its petition of nomination under IC 3-8-6-12.
721	721	23 (6) A space for write-in voting is placed after the candidates listed
722	722	24 in subdivisions (1) through (5), if required by law. A space for
723	723	25 write-in voting for an office is not required if there are no
724	724	26 declared write-in candidates for that office. However, procedures
725	725	27 must be implemented to permit write-in voting for candidates for
726	726	28 federal offices.
727	727	29 (7) The name of a write-in candidate may not be listed on the
728	728	30 ballot.
729	729	31 (h) The names of the candidates grouped in the order established by
730	730	32 subsection (g) must be printed in type with uniform capital letters and
731	731	33 have a uniform space between each name. The name of the candidate's
732	732	34 political party, or the word "Independent", if the:
733	733	35 (1) candidate; or
734	734	36 (2) ticket of candidates for:
735	735	37 (A) President and Vice President of the United States; or
736	736	38 (B) governor and lieutenant governor;
737	737	39 is independent, must be placed immediately below or beside the name
738	738	40 of the candidate and must be printed in uniform size and type.
739	739	41 (i) All the candidates of the same political party for election to
740	740	42 at-large seats on the fiscal or legislative body of a political subdivision
741	741	2022 IN 279—LS 6752/DI 75 18
742	742	1 must be grouped together:
743	743	2 (1) under the name of the office that the candidates are seeking;
744	744	3 (2) in the party order established by subsection (g); and
745	745	4 (3) within the political party, in alphabetical order according to
746	746	5 surname.
747	747	6 A statement reading substantially as follows must be placed
748	748	7 immediately below the name of the office and above the name of the
749	749	8 first candidate: "Vote for not more than (insert the number of
750	750	9 candidates to be elected) candidate(s) of ANY party for this office.".
751	751	10 (j) Candidates for election to at-large seats on the governing body
752	752	11 of a school corporation must be grouped:
753	753	12 (1) under the name of the office that the candidates are seeking;
754	754	13 and
755	755	14 (2) in alphabetical order according to surname.
756	756	15 A statement reading substantially as follows must be placed
757	757	16 immediately below the name of the office and above the name of the
758	758	17 first candidate: "Vote for not more than (insert the number of
759	759	18 candidates to be elected) candidate(s) for this office.".
760	760	19 (k) The cautionary statement described in IC 3-11-2-7 must be
761	761	20 placed at the top or beginning of the ballot label before the first public
762	762	21 question is listed.
763	763	22 (l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d), and
764	764	23 IC 3-11-2-10(e) may be:
765	765	24 (1) placed on the ballot label; or
766	766	25 (2) posted in a location within the voting booth that permits the
767	767	26 voter to easily read the instructions.
768	768	27 (m) Except as provided in section 14.5 of this chapter, the ballot
769	769	28 label must include a touch sensitive point or button for voting a straight
770	770	29 political party or independent ticket (described in IC 3-11-2-6) by one
771	771	30 (1) touch, and the touch sensitive point or button must be identified by:
772	772	31 (1) the name of the political party or independent ticket; and
773	773	32 (2) immediately below or beside the political party's or
774	774	33 independent ticket's name, the device of that party or ticket
775	775	34 (described in IC 3-11-2-5).
776	776	35 The name and device of each party or ticket must be of uniform size
777	777	36 and type, and arranged in the order established by subsection (g) for
778	778	37 listing candidates under each office. The instructions described in
779	779	38 IC 3-11-2-10(c) for voting a straight party ticket and the statement
780	780	39 concerning presidential electors required under IC 3-10-4-3 must be
781	781	40 placed on the ballot label. The instructions for voting a straight party
782	782	41 ticket must include the statement: "If you do not wish to vote a straight
783	783	42 party ticket, press "NEXT" (or replace "NEXT" with the term used by
784	784	2022 IN 279—LS 6752/DI 75 19
785	785	1 that voting system to permit a voter to skip a ballot screen) to continue
786	786	2 voting.".
787	787	3 (n) A public question must be in the form described in
788	788	4 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
789	789	5 point or button must be used instead of a square. Except as expressly
790	790	6 authorized or required by statute, a county election board may not print
791	791	7 a ballot label that contains language concerning the public question
792	792	8 other than the language authorized by a statute.
793	793	9 (o) The requirements in this section:
794	794	10 (1) do not replace; and
795	795	11 (2) are in addition to;
796	796	12 any other requirements in this title that apply to ballots for electronic
797	797	13 voting systems.
798	798	14 (p) The procedure described in IC 3-11-2-16 must be used when a
799	799	15 ballot label does not comply with the requirements imposed by this title
800	800	16 or contains another error or omission that might result in confusion or
801	801	17 mistakes by voters.
802	802	18 SECTION 19. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
803	803	19 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
804	804	20 JANUARY 1, 2023]: Sec. 7. (a) This subsection applies whenever a
805	805	21 voter:
806	806	22 (1) votes a straight party ticket; and
807	807	23 (2) votes only for one (1) or more individual candidates who are
808	808	24 all of the same political party as the straight ticket vote.
809	809	25 Except as provided in subsection (d) or (e), the straight ticket vote shall
810	810	26 be counted and the individual candidate votes may not be counted.
811	811	27 (b) This subsection applies whenever:
812	812	28 (1) a voter has voted a straight party ticket for the candidates of
813	813	29 one (1) political party;
814	814	30 (2) only one (1) person may be elected to an office; and
815	815	31 (3) the voter has voted for one (1) individual candidate for the
816	816	32 office described in subdivision (2) who is:
817	817	33 (A) a candidate of a political party other than the party for
818	818	34 which the voter voted a straight ticket; or
819	819	35 (B) an independent candidate or declared write-in candidate
820	820	36 for the office.
821	821	37 If the voter has voted for one (1) individual candidate for the office
822	822	38 described in subdivision (2), the individual candidate vote for that
823	823	39 office shall be counted, the straight party ticket vote for that office may
824	824	40 not be counted, and the straight party ticket votes for other offices on
825	825	41 the ballot shall be counted.
826	826	42 (c) This subsection applies whenever:
827	827	2022 IN 279—LS 6752/DI 75 20
828	828	1 (1) a voter has voted a straight party ticket for the candidates of
829	829	2 one (1) political party; and
830	830	3 (2) the voter has voted for more individual candidates for the
831	831	4 office than the number of persons to be elected to that office.
832	832	5 The individual candidate votes for that office may not be counted, the
833	833	6 straight party ticket vote for that office may not be counted, and the
834	834	7 straight party ticket votes for other offices on the ballot shall be
835	835	8 counted.
836	836	9 (d) This subsection applies whenever:
837	837	10 (1) a voter has voted a straight party ticket for the candidates of
838	838	11 one (1) political party;
839	839	12 (2) more than one (1) person may be elected to an office; and
840	840	13 (3) the voter has voted for individual candidates for the office
841	841	14 described in subdivision (2) who are:
842	842	15 (A) independent candidates or declared write-in candidates;
843	843	16 (B) candidates of a political party other than the political party
844	844	17 for which the voter cast a straight party ticket under
845	845	18 subdivision (1); or
846	846	19 (C) a combination of candidates described in clauses (A) and
847	847	20 (B).
848	848	21 The individual votes cast by the voter for the office for the independent
849	849	22 candidates, declared write-in candidates, and the candidates of a
850	850	23 political party other than the political party for which the voter cast a
851	851	24 straight party ticket shall be counted unless the total number of these
852	852	25 individual votes is greater than the number of persons to be elected to
853	853	26 the office. The straight party ticket votes for the office shall not be
854	854	27 counted. The straight party ticket votes for other offices on the voter's
855	855	28 ballot shall be counted.
856	856	29 (e) This subsection applies whenever:
857	857	30 (1) a voter has voted a straight party ticket for the candidates of
858	858	31 one (1) political party;
859	859	32 (2) more than one (1) person may be elected to an office; and
860	860	33 (3) the voter has voted for individual candidates for the office
861	861	34 described in subdivision (2) who are:
862	862	35 (A) independent candidates, declared write-in candidates, or
863	863	36 candidates of a political party other than the political party for
864	864	37 which the voter cast a straight party ticket under subdivision
865	865	38 (1); and
866	866	39 (B) candidates of the same political party for which the voter
867	867	40 cast a straight party ticket under subdivision (1).
868	868	41 The individual votes cast by the voter for the office for the independent
869	869	42 candidates, the declared write-in candidates, and the candidates of a
870	870	2022 IN 279—LS 6752/DI 75 21
871	871	1 political party other than the political party for which the voter cast a
872	872	2 straight party ticket, and the candidates of the political party for which
873	873	3 the voter cast a straight party ticket shall be counted unless the total
874	874	4 number of these individual votes is greater than the number of persons
875	875	5 to be elected to the office. The straight party ticket votes for the office
876	876	6 shall not be counted. The straight party ticket votes for other offices on
877	877	7 the voter's ballot shall be counted.
878	878	8 (f) If a voter votes a straight party ticket for more than one (1)
879	879	9 political party, the whole ballot is void with regard to all candidates
880	880	10 nominated by a political party, declared write-in candidates, or
881	881	11 candidates designated as independent candidates on the ballot.
882	882	12 However, the voter's vote:
883	883	13 (1) for a school board candidate, if the school board candidate
884	884	14 is running on a nonpartisan ballot; or
885	885	15 (2) on a public question;
886	886	16 shall be counted if otherwise valid under this chapter.
887	887	17 (g) If a voter does not vote a straight party ticket and the number of
888	888	18 votes cast by that voter for the candidates for an office are less than or
889	889	19 equal to the number of openings for that office, the individual
890	890	20 candidates votes shall be counted.
891	891	21 (h) If a voter does not vote a straight party ticket and the number of
892	892	22 votes cast by that voter for an office exceeds the number of openings
893	893	23 for that office, none of the votes concerning that office may be counted.
894	894	24 SECTION 20. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
895	895	25 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
896	896	26 JANUARY 1, 2023]: Sec. 3. Whenever a circuit court clerk receives
897	897	27 certification that a tie vote at an election for a local office or a school
898	898	28 board office occurred, the clerk shall immediately send a written notice
899	899	29 of the tie vote to the following:
900	900	30 (1) If the tie vote occurred in an election for a local office, the
901	901	31 fiscal body of the affected political subdivision. or
902	902	32 (2) If the tie vote occurred in an election for a circuit office in a
903	903	33 circuit that includes more than one county, to the fiscal body of
904	904	34 each county of the circuit.
905	905	35 (3) If the tie vote occurred in an election for a school board
906	906	36 office, the governing body of the affected school corporation.
907	907	37 SECTION 21. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
908	908	38 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
909	909	39 JANUARY 1, 2023]: Sec. 4. (a) This section does not apply if a tie
910	910	40 vote occurred in an election for a school board office.
911	911	41 (a) (b) The fiscal body of a political subdivision that receives notice
912	912	42 under section 3 of this chapter shall resolve the tie vote by electing a
913	913	2022 IN 279—LS 6752/DI 75 22
914	914	1 person to fill the office not later than December 31 following the
915	915	2 election at which the tie vote occurred. The fiscal body shall select one
916	916	3 (1) of the candidates who was involved in the tie vote to fill the office.
917	917	4 (b) (c) If a tie vote has occurred in an election for a circuit office in
918	918	5 a circuit that contains more than one (1) county, the fiscal bodies of the
919	919	6 counties shall meet in joint session at the county seat of the county that
920	920	7 contains the greatest percentage of population of the circuit to select
921	921	8 one (1) of the candidates who was involved in the tie vote in order to
922	922	9 fill the office in accordance with this section.
923	923	10 (c) (d) If a tie vote has occurred for the election of more than one (1)
924	924	11 at-large seat on a legislative or fiscal body, the fiscal body shall select
925	925	12 the number of individuals necessary to fill each of the at-large seats for
926	926	13 which the tie vote occurred. However, a member of a fiscal body who
927	927	14 runs for reelection and is involved in a tie vote may not cast a vote
928	928	15 under this section.
929	929	16 (d) (e) The executive of the political subdivision (other than a town)
930	930	17 or a school corporation) may cast the deciding vote to break a tie vote
931	931	18 in a fiscal body acting under this section. The clerk-treasurer of the
932	932	19 town may cast the deciding vote to break a tie vote in a town fiscal
933	933	20 body acting under this section. A tie vote in the fiscal body of a school
934	934	21 corporation under this section shall be broken under IC 20-23.
935	935	22 SECTION 22. IC 3-12-9-5 IS AMENDED TO READ AS
936	936	23 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 5. Whenever a tie
937	937	24 vote at an election for:
938	938	25 (1) a state office; or
939	939	26 (2) a local office; or
940	940	27 (3) a school board office;
941	941	28 occurs, the incumbent public official remains in office in accordance
942	942	29 with Article 15, Section 3 of the Constitution of the State of Indiana
943	943	30 until a successor is elected under this chapter and qualified.
944	944	31 SECTION 23. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
945	945	32 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
946	946	33 JANUARY 1, 2023]:
947	947	34 Chapter 10.5. School Corporation Governing Body; Resolving
948	948	35 Tie Votes; Filling Vacancies
949	949	36 Sec. 1. As used in this chapter, "governing body" refers to either
950	950	37 of the following:
951	951	38 (1) The governing body of a school corporation.
952	952	39 (2) The school advisory body of a school corporation.
953	953	40 Sec. 2. (a) This section applies if the governing body receives
954	954	41 notice under IC 3-12-9-3 that a tie vote has occurred at the election
955	955	42 of a member of the governing body.
956	956	2022 IN 279—LS 6752/DI 75 23
957	957	1 (b) If a tie vote occurs at an election for a member of the
958	958	2 governing body and one (1) of the candidates involved in the tie
959	959	3 vote is an incumbent member of the governing body, the incumbent
960	960	4 member remains in office in accordance with Article 15, Section 3
961	961	5 of the Constitution of the State of Indiana until a successor is
962	962	6 elected and qualified as provided in this section.
963	963	7 (c) The members of the governing body shall resolve the tie vote
964	964	8 by electing one (1) individual from among the candidates who was
965	965	9 involved in the tie vote to fill the office.
966	966	10 (d) If a tie vote has occurred for the election of more than one
967	967	11 (1) at-large seat on the governing body, the governing body shall
968	968	12 select the number of individuals necessary to fill each of the
969	969	13 at-large seats for which the tie vote occurred from among the
970	970	14 candidates who were involved in the tie vote.
971	971	15 (e) If a member of the governing body is one (1) of the
972	972	16 candidates involved in the tie vote, that member may not cast a
973	973	17 vote under this section.
974	974	18 (f) The governing body shall act under this section not later than
975	975	19 December 31 following the election at which the tie vote occurred.
976	976	20 Sec. 3. (a) A vacancy on the governing body in an office that was
977	977	21 last held by an individual elected or selected as a candidate of a
978	978	22 major political party of Indiana shall be filled by a caucus under
979	979	23 IC 3-13-11.
980	980	24 (b) A vacancy on the governing body in an office that was last
981	981	25 held by an individual elected as a candidate other than as a
982	982	26 candidate of a major political party of Indiana shall be filled as
983	983	27 provided in IC 20-26-4.
984	984	28 SECTION 24. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
985	985	29 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
986	986	30 JANUARY 1, 2023]: Sec. 29.1. (a) This section applies to each school
987	987	31 corporation.
988	988	32 (b) If a plan provides for election of members of the governing
989	989	33 body, the members of the governing body who are to be elected shall
990	990	34 be elected at a general election.
991	991	35 (c) This subsection applies only if the school corporation's
992	992	36 organization plan provides that elected members of the governing
993	993	37 body of the school corporation are to be elected at a nonpartisan
994	994	38 election. Each candidate must file a petition of nomination in
995	995	39 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
996	996	40 (10) registered voters residing within the boundaries of the community
997	997	41 school corporation. The filing must be made within the time specified
998	998	42 by IC 3-8-2.5-4.
999	999	2022 IN 279—LS 6752/DI 75 24
1000	1000	1 (d) This subsection applies only if the school corporation's
1001	1001	2 organization plan provides that candidates for election to the
1002	1002	3 governing body shall be elected as candidates for all other elected
1003	1003	4 offices are elected. A candidate must be nominated as provided in
1004	1004	5 IC 3-8-2 or IC 3-8-6, whichever is applicable to the particular
1005	1005	6 candidate.
1006	1006	7 (e) The following applies to the election of elected members of
1007	1007	8 the governing body:
1008	1008	9 (1) The plan determines whether members are elected under
1009	1009	10 one (1) of the following:
1010	1010	11 (A) At-large.
1011	1011	12 (B) By all the voters of the school corporation from
1012	1012	13 residence districts.
1013	1013	14 (C) Only by the voters of each electoral district established
1014	1014	15 under the plan.
1015	1015	16 (2) IC 3 governs the nomination and election of members of
1016	1016	17 the governing body.
1017	1017	18 (c) All nominations shall be listed for each office in the form
1018	1018	19 prescribed by IC 3-11-2, but without party designation. Voting and
1019	1019	20 tabulation of votes shall be conducted in the same manner as voting
1020	1020	21 and tabulation in general elections are conducted. The precinct election
1021	1021	22 boards serving in each county shall conduct the election for members
1022	1022	23 of the governing body. If a school corporation is located in more than
1023	1023	24 one (1) county, each county election board shall print the ballots
1024	1024	25 required for voters in that county to vote for candidates for members of
1025	1025	26 the governing body.
1026	1026	27 (d) If the plan provides that the members of the governing body
1027	1027	28 shall be elected by all the voters of the community school corporation,
1028	1028	29 candidates shall be placed on the ballot in the form prescribed by
1029	1029	30 IC 3-11-2, without party designation. The candidates who receive the
1030	1030	31 most votes are elected.
1031	1031	32 (e) If the plan provides that members of the governing body are to
1032	1032	33 be elected from residence districts by all voters in the community
1033	1033	34 school corporation, nominees for the governing body shall be placed on
1034	1034	35 the ballot in the form prescribed by IC 3-11-2, by residence districts
1035	1035	36 without party designation. The ballot must state the number of
1036	1036	37 members to be voted on and the maximum number of members that
1037	1037	38 may be elected from each residence district as provided in the plan. A
1038	1038	39 ballot is not valid if more than the maximum number of members are
1039	1039	40 voted on from a board member residence district. The candidates who
1040	1040	41 receive the most votes are elected. However, if more than the
1041	1041	42 maximum number that may be elected from a residence district are
1042	1042	2022 IN 279—LS 6752/DI 75 25
1043	1043	1 among those receiving the most votes, the candidates from the
1044	1044	2 residence districts exceeding the maximum number who receive the
1045	1045	3 fewest votes shall be eliminated in determining the candidates who are
1046	1046	4 elected.
1047	1047	5 (f) If the plan provides that members of the governing body are to
1048	1048	6 be elected from electoral districts solely by the voters of each district,
1049	1049	7 nominees residing in each electoral district shall be placed on the ballot
1050	1050	8 in the form prescribed by IC 3-11-2, without party designation. The
1051	1051	9 ballot must state the number of members to be voted on from the
1052	1052	10 electoral district. The candidates residing in the electoral district who
1053	1053	11 receive the most votes are elected.
1054	1054	12 SECTION 25. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
1055	1055	13 SECTION 102, IS AMENDED TO READ AS FOLLOWS
1056	1056	14 [EFFECTIVE JANUARY 1, 2023]: Sec. 30. (a) This section applies to
1057	1057	15 each school corporation.
1058	1058	16 (b) If a tie vote occurs among any of the candidates, the tie vote
1059	1059	17 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
1060	1060	18 (c) If after the first governing body takes office, fewer candidates
1061	1061	19 have been elected to the school board than there were members to be
1062	1062	20 elected, the governing body shall determine not later than noon
1063	1063	21 December 31 following the election which incumbent member or
1064	1064	22 members continue to hold office under Article 15, Section 3 of the
1065	1065	23 Constitution of the State of Indiana until a successor is elected and
1066	1066	24 qualified. However,
1067	1067	25 (d) If there is a vacancy on the governing body, whether the
1068	1068	26 vacating member was elected or appointed, the remaining members of
1069	1069	27 the governing body, whether or not a majority of the governing body,
1070	1070	28 shall by a majority vote fill the vacancy by appointing a person from
1071	1071	29 within the boundaries of the community school corporation to serve for
1072	1072	30 the term or balance of the term. An individual appointed under this
1073	1073	31 subsection must possess the qualifications provided for a regularly
1074	1074	32 elected or appointed governing body member filling the office. If:
1075	1075	33 (1) a tie vote occurs among the members of the governing body
1076	1076	34 under this subsection or IC 3-12-9-4; or
1077	1077	35 (2) the governing body fails to act within thirty (30) days after any
1078	1078	36 vacancy occurs;
1079	1079	37 the judge of the circuit court in the county where the majority of
1080	1080	38 registered voters of the school corporation reside shall make the
1081	1081	39 appointment. the vacancy shall be filled as provided in
1082	1082	40 IC 3-13-10.5-3.
1083	1083	41 (d) (e) A vacancy in the governing body occurs if a member ceases
1084	1084	42 to be a resident of any the community school corporation. A vacancy
1085	1085	2022 IN 279—LS 6752/DI 75 26
1086	1086	1 does not occur when the member moves from a district of the school
1087	1087	2 corporation from which the member was elected or appointed if the
1088	1088	3 member continues to be a resident of the school corporation.
1089	1089	4 (e) (f) At the first general election in which members of the
1090	1090	5 governing body are elected:
1091	1091	6 (1) a simple majority of the candidates elected as members of the
1092	1092	7 governing body who receive the greatest number of votes shall be
1093	1093	8 elected for four (4) year terms; and
1094	1094	9 (2) the balance of the candidates elected as members of the
1095	1095	10 governing body receiving the next greatest number of votes shall
1096	1096	11 be elected for two (2) year terms.
1097	1097	12 Thereafter, all school board members shall be elected for four (4) year
1098	1098	13 terms.
1099	1099	14 (f) (g) Elected governing body members take office and assume
1100	1100	15 their duties on the date set in the school corporation's organization plan.
1101	1101	16 The date set in the organization plan for an elected member of the
1102	1102	17 governing body to take office may not be more than fourteen (14)
1103	1103	18 months after the date of the member's election. If the school
1104	1104	19 corporation's organization plan does not set a date for an elected
1105	1105	20 member of the governing body to take office, the member takes office
1106	1106	21 January 1 immediately after the member's election.
1107	1107	22 SECTION 26. IC 20-23-4-35, AS AMENDED BY P.L.271-2013,
1108	1108	23 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1109	1109	24 JANUARY 1, 2023]: Sec. 35. (a) The governing body of a school
1110	1110	25 corporation may be organized under this section.
1111	1111	26 (b) The governing body consists of seven (7) members, elected as
1112	1112	27 follows:
1113	1113	28 (1) Four (4) members elected from districts, with one (1) member
1114	1114	29 serving from each election district. A member elected under this
1115	1115	30 subdivision must be:
1116	1116	31 (A) a resident of the election district from which the member
1117	1117	32 is elected; and
1118	1118	33 (B) voted upon by only the registered voters residing within
1119	1119	34 the election district and voting at a governing body election.
1120	1120	35 (2) Three (3) members, who are voted upon by all the registered
1121	1121	36 voters residing within the school corporation and voting at a
1122	1122	37 governing body election, elected under this subdivision. The
1123	1123	38 governing body shall establish three (3) residential districts as
1124	1124	39 follows:
1125	1125	40 (A) One (1) residential district must be the township that has
1126	1126	41 the greatest population within the school corporation.
1127	1127	42 (B) Two (2) residential districts must divide the remaining
1128	1128	2022 IN 279—LS 6752/DI 75 27
1129	1129	1 area within the school corporation.
1130	1130	2 Only one (1) member who resides within a particular residential
1131	1131	3 district established under this subdivision may serve on the
1132	1132	4 governing body at a time.
1133	1133	5 (c) A member of the governing body who is:
1134	1134	6 (1) elected from an election or a residential district; or
1135	1135	7 (2) appointed to fill a vacancy from an election or a residential
1136	1136	8 district;
1137	1137	9 must reside within the boundaries of the district the member represents.
1138	1138	10 (d) A vacancy on the governing body shall be filled by the
1139	1139	11 governing body as soon as practicable after the vacancy occurs. A
1140	1140	12 member chosen by the governing body to fill a vacancy holds office for
1141	1141	13 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
1142	1142	14 (e) The members of the governing body serving at the time a plan
1143	1143	15 is amended under this section shall establish the election and
1144	1144	16 residential districts described in subsection (b).
1145	1145	17 (f) The election districts described in subsection (b)(1):
1146	1146	18 (1) shall be drawn on the basis of precinct lines;
1147	1147	19 (2) may not cross precinct lines; and
1148	1148	20 (3) as nearly as practicable, be of equal population, with the
1149	1149	21 population of the largest exceeding the population of the smallest
1150	1150	22 by not more than fifteen percent (15%).
1151	1151	23 (g) The residential districts described in subsection (b)(2) may:
1152	1152	24 (1) be drawn in any manner considered appropriate by the
1153	1153	25 governing body; and
1154	1154	26 (2) be drawn along township lines.
1155	1155	27 (h) The governing body shall certify the districts that are established
1156	1156	28 under subsections (f) and (g), amended under subsection (e), or
1157	1157	29 recertified under section 35.5 of this chapter to:
1158	1158	30 (1) the state board; and
1159	1159	31 (2) the circuit court clerk of each county in which the school
1160	1160	32 corporation is located as provided in section 35.5 of this chapter.
1161	1161	33 (i) The governing body shall designate:
1162	1162	34 (1) three (3) of the districts established under this section to be
1163	1163	35 elected at the first school board election that occurs after the
1164	1164	36 effective date of the plan; and
1165	1165	37 (2) the remaining four (4) districts to be elected at the second
1166	1166	38 school board election that occurs after the effective date of the
1167	1167	39 plan.
1168	1168	40 (j) The limitations set forth in this section are part of the plan, but
1169	1169	41 do not have to be specifically set forth in the plan. The plan must be
1170	1170	42 construed, if possible, to comply with this chapter. If a provision of the
1171	1171	2022 IN 279—LS 6752/DI 75 28
1172	1172	1 plan or an application of the plan violates this chapter, the invalidity
1173	1173	2 does not affect the other provisions or applications of the plan that can
1174	1174	3 be given effect without the invalid provision or application. The
1175	1175	4 provisions of the plan are severable.
1176	1176	5 (k) If a conflict exists between:
1177	1177	6 (1) a map showing the boundaries of a district; and
1178	1178	7 (2) a description of the boundaries of that district set forth in the
1179	1179	8 plan or plan amendment;
1180	1180	9 the district boundaries are the description of the boundaries set forth in
1181	1181	10 the plan or plan amendment, not the boundaries shown on the map, to
1182	1182	11 the extent there is a conflict between the description and the map.
1183	1183	12 SECTION 27. IC 20-23-4-44, AS AMENDED BY P.L.119-2012,
1184	1184	13 SECTION 145, IS AMENDED TO READ AS FOLLOWS
1185	1185	14 [EFFECTIVE JANUARY 1, 2023]: Sec. 44. (a) This section applies
1186	1186	15 only to a school corporation with territory in a county having a
1187	1187	16 population of more than one hundred seventy thousand (170,000) but
1188	1188	17 less than one hundred seventy-five thousand (175,000). one hundred
1189	1189	18 eighty-five thousand (185,000) and less than two hundred thousand
1190	1190	19 (200,000).
1191	1191	20 (b) This section applies If there is a
1192	1192	21 (1) tie vote in an election for a member of the governing body of
1193	1193	22 a school corporation, or
1194	1194	23 (2) vacancy on the governing body of a school corporation.
1195	1195	24 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1196	1196	25 (c) Notwithstanding any other law, If a tie vote occurs among any
1197	1197	26 of the candidates for the governing body or a vacancy occurs on the
1198	1198	27 governing body, the remaining members of the governing body, even
1199	1199	28 if the remaining members do not constitute a majority of the governing
1200	1200	29 body, shall by a majority vote of the remaining members:
1201	1201	30 (1) select one (1) of the candidates who shall be declared and
1202	1202	31 certified elected; or
1203	1203	32 (2) fill the vacancy by appointing an individual to fill the vacancy.
1204	1204	33 the vacancy shall be filled as provided in IC 3-13-10.5-3.
1205	1205	34 (d) An individual appointed to fill a vacancy under subsection
1206	1206	35 (c)(2):
1207	1207	36 (1) must satisfy all the qualifications required of a member of the
1208	1208	37 governing body; and
1209	1209	38 (2) shall fill the remainder of the unexpired term of the vacating
1210	1210	39 member.
1211	1211	40 (e) If a tie vote occurs among the remaining members of the
1212	1212	41 governing body or the governing body fails to act within thirty (30)
1213	1213	42 days after the election or the vacancy occurs, the fiscal body (as
1214	1214	2022 IN 279—LS 6752/DI 75 29
1215	1215	1 defined in IC 3-5-2-25) of the township in which the greatest
1216	1216	2 percentage of population of the school district resides shall break the
1217	1217	3 tie or make the appointment. A member of the fiscal body who was a
1218	1218	4 candidate and is involved in a tie vote may not cast a vote under this
1219	1219	5 subsection.
1220	1220	6 (f) If the fiscal body of a township is required to act under this
1221	1221	7 section and a vote in the fiscal body results in a tie, the deciding vote
1222	1222	8 to break the tie vote shall be cast by the executive.
1223	1223	9 SECTION 28. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
1224	1224	10 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1225	1225	11 JANUARY 1, 2023]: Sec. 8.1. (a) The registered voters of the
1226	1226	12 metropolitan school district shall elect the members of the metropolitan
1227	1227	13 board of education at general elections held biennially, beginning with
1228	1228	14 the next general election that is held more than sixty (60) days after the
1229	1229	15 creation of the metropolitan school district as provided in this chapter.
1230	1230	16 (b) This subsection applies only if the school corporation's
1231	1231	17 organization plan provides that elected members of the governing
1232	1232	18 body of the school corporation are to be elected at a nonpartisan
1233	1233	19 election. Each nominee for the board must file a petition of nomination
1234	1234	20 signed by the nominee and by ten (10) registered voters residing in the
1235	1235	21 same board member district as the nominee. The petition must be filed
1236	1236	22 in accordance with IC 3-8-2.5 with the circuit court clerk of each
1237	1237	23 county in which the metropolitan school district is located.
1238	1238	24 (c) Nominees for the board shall be listed on the general election
1239	1239	25 ballot:
1240	1240	26 (1) in the form prescribed by IC 3-11-2;
1241	1241	27 (2) by board member districts; and
1242	1242	28 (3) without party designation.
1243	1243	29 The ballot must state the number of board members to be voted on and
1244	1244	30 the maximum number of members that may be elected from each board
1245	1245	31 member district as provided under section 5 of this chapter. A ballot
1246	1246	32 that contains more votes than the maximum number allowed from a
1247	1247	33 board member district is invalid.
1248	1248	34 (d) The precinct election boards in each county serving at the
1249	1249	35 general election shall conduct the election for school board members.
1250	1250	36 (e) Voting and tabulation of votes shall be conducted in accordance
1251	1251	37 with IC 3, and the candidates who receive the most votes are elected to
1252	1252	38 the board.
1253	1253	39 (f) If there are more candidates from a particular board member
1254	1254	40 district than may be elected from the board member district under
1255	1255	41 section 5 of this chapter:
1256	1256	42 (1) the number of candidates elected is the greatest number that
1257	1257	2022 IN 279—LS 6752/DI 75 30
1258	1258	1 may be elected from the board member district;
1259	1259	2 (2) the candidates elected are those who, among the candidates
1260	1260	3 from the board member district, receive the most votes; and
1261	1261	4 (3) the other candidates from the board member district are
1262	1262	5 eliminated.
1263	1263	6 (c) This subsection applies only if the school corporation's
1264	1264	7 organization plan provides that candidates for election to the
1265	1265	8 governing body shall be elected as candidates for all other elected
1266	1266	9 offices are elected. A candidate must be nominated as provided in
1267	1267	10 IC 3-8-2 or IC 3-8-6, whichever is applicable to the particular
1268	1268	11 candidate.
1269	1269	12 (d) IC 3 governs the nomination and election of candidates.
1270	1270	13 (g) (e) If there is a tie vote among the candidates for the board, the
1271	1271	14 judge of the circuit court in the county where the majority of the
1272	1272	15 registered voters of the metropolitan school district reside shall select
1273	1273	16 one (1) of the candidates who shall be declared and certified elected.
1274	1274	17 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1275	1275	18 (h) (f) If, at any time after the first board member election, A
1276	1276	19 vacancy on the board that occurs for any reason including an
1277	1277	20 insufficient number of petitions for candidates being filed, and
1278	1278	21 regardless of whether the vacating member was elected or appointed,
1279	1279	22 the remaining members of the board, whether or not a majority of the
1280	1280	23 board, shall by a majority vote fill the vacancy by:
1281	1281	24 (1) appointing a person from the board member district from
1282	1282	25 which the person who vacated the board was elected; or
1283	1283	26 (2) if the person was appointed, appointing a person from the
1284	1284	27 board member district from which the last elected predecessor of
1285	1285	28 the person was elected.
1286	1286	29 If a majority of the remaining members of the board is unable to agree
1287	1287	30 or the board fails to act within thirty (30) days after a vacancy occurs,
1288	1288	31 the judge of the circuit court in the county where the majority of
1289	1289	32 registered voters of the metropolitan school district reside shall make
1290	1290	33 the appointment. shall be filled as provided in IC 3-13-10.5-3.
1291	1291	34 (i) At a general election held on the earlier of:
1292	1292	35 (1) more than sixty (60) days after an elected board member
1293	1293	36 vacates membership on the board; or
1294	1294	37 (2) immediately before the end of the term for which the vacating
1295	1295	38 member was elected;
1296	1296	39 a successor to a board member appointed under subsection (h) shall be
1297	1297	40 elected. Unless the successor takes office at the end of the term of the
1298	1298	41 vacating member, the member shall serve only for the balance of the
1299	1299	42 vacating member's term. In an election for a successor board member
1300	1300	2022 IN 279—LS 6752/DI 75 31
1301	1301	1 to fill a vacancy for a two (2) year balance of a term, candidates for
1302	1302	2 board membership need not file for or with reference to the vacancy.
1303	1303	3 However, as required by IC 3-11-2, candidates for at-large seats must
1304	1304	4 be distinguished on the ballot from candidates for district seats. If there
1305	1305	5 is more than one (1) at-large seat on the ballot due to this vacancy, the
1306	1306	6 elected candidate who receives the fewest votes at the election at which
1307	1307	7 the successor is elected shall serve for a two (2) year term.
1308	1308	8 (j) (g) At the first general election where members of the board are
1309	1309	9 elected under this section, the elected candidates who constitute a
1310	1310	10 simple majority of the elected candidates and who receive the most
1311	1311	11 votes shall be elected for four (4) year terms, and the other elected
1312	1312	12 candidates shall be elected for two (2) year terms.
1313	1313	13 (k) (h) Board members shall be elected for four (4) year terms after
1314	1314	14 the first election and shall take office on the date set in the school
1315	1315	15 corporation's organization plan. The date set in the organization plan
1316	1316	16 for an elected member of the governing body to take office may not be
1317	1317	17 more than fourteen (14) months after the date of the member's election.
1318	1318	18 If the school corporation's organization plan does not set a date for an
1319	1319	19 elected member of the governing body to take office, the member takes
1320	1320	20 office January 1 immediately following the member's election.
1321	1321	21 SECTION 29. IC 20-23-7-9 IS REPEALED [EFFECTIVE
1322	1322	22 JANUARY 1, 2023]. Sec. 9. (a) This section applies to a metropolitan
1323	1323	23 or consolidated school corporation located in a county containing a
1324	1324	24 consolidated city.
1325	1325	25 (b) The same method used to cast votes for other offices for which
1326	1326	26 candidates have qualified to be on the election ballot shall be used for
1327	1327	27 the school board offices on the election ballot.
1328	1328	28 SECTION 30. IC 20-23-8-0.5 IS ADDED TO THE INDIANA
1329	1329	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
1330	1330	30 [EFFECTIVE JANUARY 1, 2023]: Sec. 0.5. (a) Except as provided
1331	1331	31 in subsection (b), this chapter applies to all school corporations.
1332	1332	32 (b) This chapter does not apply to a school corporation with an
1333	1333	33 elected school advisory board.
1334	1334	34 (c) As used in this chapter, "specific statute" refers to any of the
1335	1335	35 following:
1336	1336	36 (1) IC 20-23-13.
1337	1337	37 (2) IC 20-23-14.
1338	1338	38 (3) IC 20-23-15.
1339	1339	39 (4) IC 20-23-17.
1340	1340	40 (5) IC 20-23-17.2.
1341	1341	41 (6) IC 20-25.
1342	1342	42 (7) Any other statute that defines the composition or manner
1343	1343	2022 IN 279—LS 6752/DI 75 32
1344	1344	1 of selection of the members of the governing body of a specific
1345	1345	2 school corporation.
1346	1346	3 (d) Notwithstanding a specific statute, a school corporation may
1347	1347	4 change the composition of its governing body as provided in this
1348	1348	5 chapter.
1349	1349	6 (e) If a school corporation's governing body is changed as
1350	1350	7 provided in this chapter:
1351	1351	8 (1) the organization plan of the governing body adopted under
1352	1352	9 this chapter governs the composition of the governing body;
1353	1353	10 and
1354	1354	11 (2) the specific statute does not govern the composition of its
1355	1355	12 governing body, to the extent of a conflict between the specific
1356	1356	13 statute and the provisions of the organization plan of the
1357	1357	14 governing body adopted under this chapter.
1358	1358	15 SECTION 31. IC 20-23-8-5, AS AMENDED BY P.L.233-2015,
1359	1359	16 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1360	1360	17 JANUARY 1, 2023]: Sec. 5. As used in this chapter, "school
1361	1361	18 corporation" means a local public school corporation established under
1362	1362	19 the laws of Indiana. The term does not include a school corporation
1363	1363	20 covered by IC 20-23-12, IC 20-23-17, or IC 20-23-17.2.
1364	1364	21 SECTION 32. IC 20-23-8-7, AS AMENDED BY P.L.119-2012,
1365	1365	22 SECTION 146, IS AMENDED TO READ AS FOLLOWS
1366	1366	23 [EFFECTIVE JANUARY 1, 2023]: Sec. 7. (a) A plan or proposed plan
1367	1367	24 must contain the following items:
1368	1368	25 (1) The number of members of the governing body, which shall
1369	1369	26 be:
1370	1370	27 (A) three (3);
1371	1371	28 (B) five (5); or
1372	1372	29 (C) seven (7);
1373	1373	30 members.
1374	1374	31 (2) Whether the governing board body shall be elected,
1375	1375	32 appointed, or both.
1376	1376	33 (3) If appointed, when and by whom, and a general description of
1377	1377	34 the manner of appointment that conforms with the requirements
1378	1378	35 of IC 20-23-4-28.
1379	1379	36 (4) If members of the governing body are elected, the
1380	1380	37 following provisions:
1381	1381	38 (A) Whether elected members of the governing body are to
1382	1382	39 be elected:
1383	1383	40 (i) at a nonpartisan election; or
1384	1384	41 (ii) as candidates for all other elected offices are elected.
1385	1385	42 (B) If elected members of the governing body are to be
1386	1386	2022 IN 279—LS 6752/DI 75 33
1387	1387	1 elected at a nonpartisan election, that candidates for
1388	1388	2 election to the governing body shall be nominated as
1389	1389	3 provided in IC 3-8-2.5.
1390	1390	4 (C) If elected members of the governing body are to be
1391	1391	5 elected as candidates for all other elected offices are
1392	1392	6 elected, that candidates for election to the governing body
1393	1393	7 shall be nominated as provided in IC 3-8-2 or IC 3-8-6,
1394	1394	8 whichever is applicable to the particular candidate.
1395	1395	9 (D) A provision that the members of an elected governing
1396	1396	10 board body shall be elected at the general election at which
1397	1397	11 county officials are elected.
1398	1398	12 (5) If the governing board body will have members who are
1399	1399	13 elected and members who are appointed, the following
1400	1400	14 information:
1401	1401	15 (A) The number of appointed members.
1402	1402	16 (B) When and by whom each of the appointed members are
1403	1403	17 appointed.
1404	1404	18 (C) A general description of the manner of appointment that
1405	1405	19 conforms with the requirements of IC 20-23-4-28.
1406	1406	20 (D) The number of elected members.
1407	1407	21 (E) A general description of the manner of election that
1408	1408	22 conforms with the requirements of IC 20-23-4-27.
1409	1409	23 (6) The limitations on:
1410	1410	24 (A) residence;
1411	1411	25 (B) term of office; and
1412	1412	26 (C) other qualifications;
1413	1413	27 required by members of the governing body.
1414	1414	28 (7) The time the plan takes effect.
1415	1415	29 A plan or proposed plan may have additional details to make the
1416	1416	30 provisions of the plan workable. The details may include provisions
1417	1417	31 relating to the commencement or length of terms of office of the
1418	1418	32 members of the governing body taking office under the plan.
1419	1419	33 (b) Except as provided in subsection (a)(1), in a city having a
1420	1420	34 population of more than fifty-five thousand (55,000) but less than sixty
1421	1421	35 thousand (60,000), fifty-four thousand (54,000) and less than
1422	1422	36 fifty-eight thousand (58,000), the governing body described in a plan
1423	1423	37 may have up to nine (9) members.
1424	1424	38 SECTION 33. IC 20-23-8-13, AS AMENDED BY P.L.43-2021,
1425	1425	39 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1426	1426	40 JANUARY 1, 2023]: Sec. 13. (a) This section applies to a school
1427	1427	41 corporation located in a city having a population of more than eighty
1428	1428	42 thousand (80,000) but less than eighty thousand four hundred (80,400).
1429	1429	2022 IN 279—LS 6752/DI 75 34
1430	1430	1 sixty-nine thousand (69,000) and less than sixty-nine thousand five
1431	1431	2 hundred (69,500).
1432	1432	3 (b) The city legislative body may adopt an ordinance to increase the
1433	1433	4 membership of the governing body of a school corporation to seven (7)
1434	1434	5 members.
1435	1435	6 (c) The ordinance must provide the following:
1436	1436	7 (1) The additional members of the governing body are to be
1437	1437	8 appointed by the city executive.
1438	1438	9 (2) If the plan is subsequently changed to provide for the election
1439	1439	10 of governing body members:
1440	1440	11 (A) the membership of the governing body may not be less
1441	1441	12 than seven (7); and
1442	1442	13 (B) the members of the governing body are to be elected.
1443	1443	14 (3) The initial terms of the members appointed under this section.
1444	1444	15 (4) The effective date of the ordinance.
1445	1445	16 (d) An ordinance adopted under this section:
1446	1446	17 (1) supersedes a part of the plan that conflicts with the ordinance;
1447	1447	18 (2) must be filed with the secretary of education under section 22
1448	1448	19 of this chapter; and
1449	1449	20 (3) may only be amended or repealed by the city legislative body.
1450	1450	21 SECTION 34. IC 20-23-8-15, AS ADDED BY P.L.1-2005,
1451	1451	22 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1452	1452	23 JANUARY 1, 2023]: Sec. 15. (a) Not more than thirty (30) days after
1453	1453	24 the expiration of the one hundred twenty (120) day period for filing a
1454	1454	25 petition, plans that have been published in accordance with section 14
1455	1455	26 of this chapter, whether the plans were initiated by the governing body
1456	1456	27 or in connection with a petition, shall be submitted to the state board.
1457	1457	28 (b) The state board shall:
1458	1458	29 (1) review a plan;
1459	1459	30 (2) revise a plan, if possible, to:
1460	1460	31 (A) cure ambiguities; and
1461	1461	32 (B) ensure that the plan complies with the limitations set out
1462	1462	33 in section 8 of this chapter;
1463	1463	34 (3) if a plan provides for electoral districts, verify that the districts
1464	1464	35 are, as near as practicable, equal in population according to the
1465	1465	36 decennial census immediately preceding the first petition or
1466	1466	37 resolution initiating the plan; and
1467	1467	38 (4) certify a plan, with revisions, to the governing body and to the
1468	1468	39 clerk.
1469	1469	40 The state board may combine plans if the state board determines that
1470	1470	41 the plans are substantially similar. In making its determinations, the
1471	1471	42 commission state board may, but is not obligated to, hold hearings and
1472	1472	2022 IN 279—LS 6752/DI 75 35
1473	1473	1 shall make an investigation as it considers necessary. If the state board
1474	1474	2 holds a hearing, the state board may hear the evidence through hearing
1475	1475	3 examiners, who do not have to be members of the state board. The state
1476	1476	4 board shall send a certified record of its determinations to the
1477	1477	5 governing body, the clerk, and the county election board.
1478	1478	6 (c) Not more than sixty (60) days after receiving a plan submitted
1479	1479	7 by a governing body under section 14 of this chapter, the state board
1480	1480	8 shall publish notice of the plan in accordance with section 14 of this
1481	1481	9 chapter, unless the state board determines that the plan or the petition
1482	1482	10 does not meet the requirements of this chapter.
1483	1483	11 SECTION 35. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
1484	1484	12 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1485	1485	13 JANUARY 1, 2023]: Sec. 8. (a) The board members of a merged
1486	1486	14 school corporation shall be elected at the first general election
1487	1487	15 following the merged school corporation's creation, and vacancies shall
1488	1488	16 be filled in accordance with IC 20-23-4-30. IC 3-13-10.5-3.
1489	1489	17 (b) Until the first election under subsection (a), the board of trustees
1490	1490	18 of the merged school corporation consists of the members of the
1491	1491	19 governing body of a school corporation in the county.
1492	1492	20 (c) The first board of trustees shall select the name of the merged
1493	1493	21 school corporation by a majority vote. The name may be changed by
1494	1494	22 unanimous vote of the governing body of the merged school
1495	1495	23 corporation.
1496	1496	24 SECTION 36. IC 20-23-12-1 IS REPEALED [EFFECTIVE
1497	1497	25 JANUARY 1, 2023]. Sec. 1. IC 20-23-8 does not apply to:
1498	1498	26 (1) a school corporation; or
1499	1499	27 (2) the governing body of a school corporation;
1500	1500	28 covered by this chapter.
1501	1501	29 SECTION 37. IC 20-23-17-2 IS REPEALED [EFFECTIVE
1502	1502	30 JANUARY 1, 2023]. Sec. 2. IC 20-23-8 does not apply to a school
1503	1503	31 corporation or the governing body of a school corporation governed by
1504	1504	32 this chapter.
1505	1505	33 SECTION 38. IC 20-23-17.2-2 IS REPEALED [EFFECTIVE
1506	1506	34 JANUARY 1, 2023]. Sec. 2. IC 20-23-8 does not apply to a school
1507	1507	35 corporation or the governing body of a school corporation governed by
1508	1508	36 this chapter.
1509	1509	37 SECTION 39. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
1510	1510	38 SECTION 107, IS AMENDED TO READ AS FOLLOWS
1511	1511	39 [EFFECTIVE JANUARY 1, 2023]: Sec. 4. (a) This section does not
1512	1512	40 apply to either of the following:
1513	1513	41 (1) A vacancy of a member who serves on a governing body in
1514	1514	42 an ex officio capacity.
1515	1515	2022 IN 279—LS 6752/DI 75 36
1516	1516	1 (2) A vacancy in an appointed board member position if the
1517	1517	2 plan, resolution, or law under which the school corporation
1518	1518	3 operates specifically provides for filling vacancies by the
1519	1519	4 appointing authority.
1520	1520	5 (b) If fewer candidates have been elected to the school board than
1521	1521	6 there were members to be elected, the governing body shall determine
1522	1522	7 not later than noon December 31 following the election which
1523	1523	8 incumbent member or members continue to hold office under Article
1524	1524	9 15, Section 3 of the Constitution of the State of Indiana until a
1525	1525	10 successor is elected and qualified. However,
1526	1526	11 (c) If a vacancy in the membership of a governing body occurs for
1527	1527	12 any reason, whether the vacancy was of an elected or appointed
1528	1528	13 member, the vacancy shall be filled as follows:
1529	1529	14 (1) If the vacant office was last held by an individual elected
1530	1530	15 or selected as a candidate of a major political party of
1531	1531	16 Indiana, the vacancy shall be filled by a caucus under
1532	1532	17 IC 3-13-11.
1533	1533	18 (2) If subdivision (1) does not apply, the remaining members of
1534	1534	19 the governing body shall by majority vote fill the vacancy by
1535	1535	20 appointing a person an individual from within the boundaries of
1536	1536	21 the school corporation. with the residence and other qualifications
1537	1537	22 provided for a regularly elected or appointed board member
1538	1538	23 filling the membership, to serve for the term or the balance of the
1539	1539	24 term. However, this subsection does not apply to a vacancy:
1540	1540	25 (1) of a member who serves on a governing body in an ex officio
1541	1541	26 capacity; or
1542	1542	27 (2) a vacancy in an appointed board membership if a plan,
1543	1543	28 resolution, or law under which the school corporation operates
1544	1544	29 specifically provides for filling vacancies by the appointing
1545	1545	30 authority.
1546	1546	31 (d) An individual appointed as provided in this section:
1547	1547	32 (1) must possess the qualifications provided for a regularly
1548	1548	33 elected or appointed governing body member filling the
1549	1549	34 office; and
1550	1550	35 (2) holds office for the remainder of the unexpired term.
1551	1551	36 SECTION 40. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
1552	1552	37 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1553	1553	38 JANUARY 1, 2023]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
1554	1554	39 this section.
1555	1555	40 (b) If a vacancy in a school board office exists because of the death
1556	1556	41 of a school board member, the vacancy shall be filled in accordance
1557	1557	42 with section 4 of this chapter the remaining members of the
1558	1558	2022 IN 279—LS 6752/DI 75 37
1559	1559	1 governing body shall meet and select an individual to fill the vacancy
1560	1560	2 after the secretary of the governing body receives notice of the death
1561	1561	3 under IC 5-8-6. and in accordance with section 4 of this chapter.
1562	1562	4 SECTION 41. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
1563	1563	5 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1564	1564	6 JANUARY 1, 2023]: Sec. 5. In accordance with rules adopted by the
1565	1565	7 judges of the court under section 6 of this chapter, the presiding judge
1566	1566	8 shall do the following:
1567	1567	9 (1) Ensure that the court operates efficiently and judicially under
1568	1568	10 rules adopted by the court.
1569	1569	11 (2) Annually submit to the fiscal body of Monroe County a budget
1570	1570	12 for the court, including amounts necessary for:
1571	1571	13 (A) the operation of the circuit's probation department;
1572	1572	14 (B) the defense of indigents; and
1573	1573	15 (C) maintaining an adequate law library.
1574	1574	16 (3) Make the appointments or selections required of a circuit or
1575	1575	17 superior court judge under the following statutes:
1576	1576	18 IC 8-4-21-2
1577	1577	19 IC 11-12-2-2
1578	1578	20 IC 16-22-2-4
1579	1579	21 IC 16-22-2-11
1580	1580	22 IC 16-22-7
1581	1581	23 IC 20-23-4
1582	1582	24 IC 20-23-7-6
1583	1583	25 IC 20-23-7-8.1
1584	1584	26 IC 20-26-7-8
1585	1585	27 IC 20-26-7-14
1586	1586	28 IC 20-47-2-15
1587	1587	29 IC 20-47-3-13
1588	1588	30 IC 36-9
1589	1589	31 IC 36-10
1590	1590	32 IC 36-12-10-10.
1591	1591	33 (4) Make appointments or selections required of a circuit or
1592	1592	34 superior court judge by any other statute, if the appointment or
1593	1593	35 selection is not required of the court because of an action before
1594	1594	36 the court.
1595	1595	2022 IN 279—LS 6752/DI 75