Introduced Version
SENATE BILL No. 279
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2; IC 3-8; IC 3-10; IC 3-11; IC 3-12;
IC 3-13-10.5; IC 20-23; IC 20-26-4; IC 33-33-53-5.
Synopsis: Election of school board members. Provides that the
governing body of a school corporation may change the school
corporation's organizational plan to provide that candidates for election
to the governing body are elected in a nonpartisan election or as all
other elected offices are elected. Amends current statutes relating to
nomination of candidates for school board offices to reflect this option.
Repeals other superseded statutes. Makes conforming changes.
Changes population parameters to reflect the population count
determined under the 2020 decennial census.
Effective: January 1, 2023.
Walker G
January 10, 2022, read first time and referred to Committee on Education and Career
Development.
2022 IN 279—LS 6752/DI 75 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 279
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-2-44 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JANUARY 1, 2023]: Sec. 44. (a) "School board" means
3 the fiscal governing body of a school corporation (as defined in
4 IC 20-18-2-5).
5 (b) The term includes an elected school advisory board.
6 SECTION 2. IC 3-5-2-45 IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JANUARY 1, 2023]: Sec. 45. (a) "School board office"
8 refers to an elected position on the school board of a school
9 corporation.
10 (b) The term includes an elected school advisory board office.
11 SECTION 3. IC 3-8-2-2 IS AMENDED TO READ AS FOLLOWS
12 [EFFECTIVE JANUARY 1, 2023]: Sec. 2. A person (a) An individual
13 who desires to be nominated at a primary election as a candidate of a
14 political party subject to this chapter for a federal, state, legislative, or
15 local, or school board office shall file a declaration of candidacy.
16 (b) This chapter applies to the nomination of candidates for
17 election to a school board office only if the school corporation's
2022 IN 279—LS 6752/DI 75 2
1 organization plan provides that candidates for election to the
2 governing body shall be elected as candidates for all other elected
3 offices are elected.
4 SECTION 4. IC 3-8-2.5-1, AS ADDED BY P.L.179-2011,
5 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JANUARY 1, 2023]: Sec. 1. This chapter applies to a candidate for a
7 school board office only if the school corporation's organization
8 plan provides that elected members of the governing body of the
9 school corporation are to be elected at a nonpartisan election.
10 SECTION 5. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
11 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JANUARY 1, 2023]: Sec. 1. (a) This chapter applies to a candidate for
13 nomination to an elected office who:
14 (1) is an independent candidate; or
15 (2) represents a political party not qualified to nominate
16 candidates in a primary or by convention.
17 (b) This chapter does not apply to a candidate for a school board
18 office. applies to the nomination of candidates for election to a
19 school board office only if the school corporation's organization
20 plan provides that candidates for election to the governing body
21 shall be elected as candidates for all other elected offices are
22 elected.
23 SECTION 6. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
24 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JANUARY 1, 2023]: Sec. 28. (a) Except as provided in subsections (b)
26 and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
27 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
28 notice of withdrawal in writing with the public official with whom the
29 certificate of nomination was filed by noon: not later than noon of the
30 following, whichever is applicable:
31 (1) July 15 before a general or municipal election, if the nominee
32 was nominated in a primary election under IC 3-10-1, or if the
33 nominee was nominated under IC 3-8-6.
34 (2) August 1 before a municipal election in a town subject to
35 IC 3-8-5-10.
36 (3) On the date specified for town convention nominees under
37 IC 3-8-5-14.5.
38 (4) On the date specified for declared write-in candidates under
39 IC 3-8-2-2.7.
40 (5) On the date specified for a school board candidate under
41 IC 3-8-2.5-4, or if the nominee was nominated under
42 IC 3-8-2.5.
2022 IN 279—LS 6752/DI 75 3
1 (6) Forty-five (45) days before a special election.
2 (b) A candidate who is disqualified from being a candidate under
3 IC 3-8-1-5 must file a notice of withdrawal immediately upon
4 becoming disqualified. IC 3-8-8-7 and the filing requirements of
5 subsection (a) do not apply to a notice of withdrawal filed under this
6 subsection.
7 (c) A candidate who has moved from the election district the
8 candidate sought to represent must file a notice of withdrawal
9 immediately after changing the candidate's residence. IC 3-8-8-7 and
10 the filing requirements of subsection (a) do not apply to a notice of
11 withdrawal filed under this subsection.
12 SECTION 7. IC 3-8-9-5, AS AMENDED BY P.L.278-2019,
13 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JANUARY 1, 2023]: Sec. 5. An individual required to file a statement
15 under section 4 of this chapter shall file the statement as follows:
16 (1) With the individual's:
17 (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
18 (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
19 office described in IC 3-8-2-5 in a county with a separate
20 board of registration under IC 3-7-12 after certification by the
21 board of registration;
22 (C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
23 office described in IC 3-8-2-5 in a county that does not have a
24 separate board of registration under IC 3-7-12;
25 (D) petition of nomination under IC 3-8-6 for an office
26 described in IC 3-8-2-5 after certification by the county voter
27 registration office;
28 (E) certificate of nomination under IC 3-10-2-15 or
29 IC 3-10-6-12;
30 (F) statement consenting to be a replacement candidate under
31 IC 3-8-6-17;
32 (G) declaration of intent to be a write-in candidate under
33 IC 3-8-2-2.5; or
34 (H) certificate of candidate selection under IC 3-13-1 or
35 IC 3-13-2.
36 (2) When the individual assumes a vacant elected office under
37 IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-10.5-3, or
38 IC 3-13-11. or IC 20-23-4-30. A statement filed under this
39 subdivision must be filed not later than noon sixty (60) days after
40 the individual assumes the elected office.
41 SECTION 8. IC 3-10-1-4 IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JANUARY 1, 2023]: Sec. 4. (a) At a primary election
2022 IN 279—LS 6752/DI 75 4
1 each political party subject to section 2 of this chapter shall nominate
2 its candidates for the following offices to be voted for at the general
3 election:
4 (1) United States Senator.
5 (2) Governor.
6 (3) United States Representative.
7 (4) Legislative offices.
8 (5) Local offices.
9 (6) School board offices, but only if the school corporation's
10 organization plan provides that candidates for election to the
11 governing body shall be elected as candidates for all other
12 elected offices are elected.
13 (b) In addition, each political party subject to section 2 of this
14 chapter shall:
15 (1) vote on candidates for nomination as President of the United
16 States;
17 (2) elect delegates from each county to the party's state
18 convention; and
19 (3) elect a precinct committeeman for each precinct in the county
20 if precinct committeemen are to be elected under section 4.5 of
21 this chapter.
22 SECTION 9. IC 3-10-1-18, AS AMENDED BY P.L.76-2014,
23 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JANUARY 1, 2023]: Sec. 18. (a) Except as provided by subsection (b),
25 the names of all candidates for each office who have qualified under
26 IC 3-8 shall be arranged in alphabetical order by surnames under the
27 designation of the office.
28 (b) This subsection applies to a county having a population of more
29 than four hundred thousand (400,000) but less than seven hundred
30 thousand (700,000). This subsection does not apply to the following:
31 (1) A candidate for precinct committeeman.
32 (2) A candidate for state convention delegate.
33 (3) A candidate for a school board office, if the school
34 corporation's organization plan provides that elected
35 members of the governing body of the school corporation are
36 to be elected at a nonpartisan election.
37 The names of all candidates for each office who have qualified under
38 IC 3-8 except for a school board office, precinct committeeman, or
39 state convention delegate, shall be arranged in random order by
40 surnames under the designation of the office. The random order shall
41 be determined using a lottery. The lottery held in accordance with this
42 subsection shall be conducted in public by the county election board.
2022 IN 279—LS 6752/DI 75 5
1 The lottery shall be held not later than fifteen (15) days following the
2 last day for a declaration of candidacy under IC 3-8-2-4. All candidates
3 whose names are to be arranged by way of the lottery shall be notified
4 at least five (5) days prior to the lottery of the time and place at which
5 the lottery is to be held. Each candidate may have one (1) designated
6 watcher, and each county political party may have one (1) designated
7 watcher who shall be allowed to observe the lottery procedure.
8 (c) For paper ballots, the left margin of the ballot for each political
9 party must show the name of the uppermost candidate printed to the
10 right of the number 1, the next candidate number 2, the next candidate
11 number 3, and so on, consecutively to the end of the ballot as
12 prescribed in section 19 of this chapter. If ordered by a county election
13 board or a board of elections and registration under IC 3-11-15-13.1(b),
14 a ballot number or other candidate designation uniquely associated
15 with the candidate must be displayed on the electronic voting system
16 and printed on the ballot cards.
17 (d) This subsection applies to a county having a population of more
18 than four hundred thousand (400,000) but less than seven hundred
19 thousand (700,000). If there is insufficient room on a row to list each
20 candidate of a political party, a second or subsequent row may be
21 utilized. However, a second or subsequent row may not be utilized
22 unless the first row, and all preceding rows, have been filled.
23 SECTION 10. IC 3-10-1-19, AS AMENDED BY P.L.278-2019,
24 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JANUARY 1, 2023]: Sec. 19. (a) The ballot for a primary election shall
26 be printed in substantially the form described in this section for all the
27 offices for which candidates have qualified under IC 3-8.
28 (b) The following shall be printed as the heading for the ballot for
29 a political party:
30 "OFFICIAL PRIMARY BALLOT
31 _________________ Party (insert the name of the political party)".
32 (c) The following shall be printed immediately below the heading
33 required by subsection (b) or be posted in each voting booth as
34 provided in IC 3-11-2-8(b):
35 (1) For paper ballots, print: To vote for a person, make a voting
36 mark (X or U) on or in the box before the person's name in the
37 proper column.
38 (2) For optical scan ballots, print: To vote for a person, darken or
39 shade in the circle, oval, or square (or draw a line to connect the
40 arrow) that precedes the person's name in the proper column.
41 (3) For optical scan ballots that do not contain a candidate's name,
42 print: To vote for a person, darken or shade in the oval that
2022 IN 279—LS 6752/DI 75 6
1 precedes the number assigned to the person's name in the proper
2 column.
3 (4) For electronic voting systems, print: To vote for a person,
4 touch the screen (or press the button) in the location indicated.
5 (d) Local public questions shall be placed on the primary election
6 ballot after the heading and the voting instructions described in
7 subsection (c) (if the instructions are printed on the ballot) and before
8 the offices described in subsection (g).
9 (e) The local public questions described in subsection (d) shall be
10 placed as follows:
11 (1) In a separate column on the ballot if voting is by paper ballot.
12 (2) After the heading and the voting instructions described in
13 subsection (c) (if the instructions are printed on the ballot) and
14 before the offices described in subsection (g), in the form
15 specified in IC 3-11-13-11 if voting is by ballot card.
16 (3) As provided by either of the following if voting is by an
17 electronic voting system:
18 (A) On a separate screen for a public question.
19 (B) After the heading and the voting instructions described in
20 subsection (c) (if the instructions are printed on the ballot) and
21 before the offices described in subsection (g), in the form
22 specified in IC 3-11-14-3.5.
23 (f) A public question shall be placed on the primary election ballot
24 in the following form:
25 (The explanatory text for the public question,
26 if required by law.)
27 "Shall (insert public question)?"
28 [] YES
29 [] NO
30 (g) The offices with candidates for nomination shall be placed on
31 the primary election ballot in the following order:
32 (1) Federal and state offices:
33 (A) President of the United States.
34 (B) United States Senator.
35 (C) Governor.
36 (D) United States Representative.
37 (2) Legislative offices:
38 (A) State senator.
39 (B) State representative.
40 (3) Circuit offices and county judicial offices:
41 (A) Judge of the circuit court, and unless otherwise specified
42 under IC 33, with each division separate if there is more than
2022 IN 279—LS 6752/DI 75 7
1 one (1) judge of the circuit court.
2 (B) Judge of the superior court, and unless otherwise specified
3 under IC 33, with each division separate if there is more than
4 one (1) judge of the superior court.
5 (C) Judge of the probate court.
6 (D) Prosecuting attorney.
7 (E) Circuit court clerk.
8 (4) County offices:
9 (A) County auditor.
10 (B) County recorder.
11 (C) County treasurer.
12 (D) County sheriff.
13 (E) County coroner.
14 (F) County surveyor.
15 (G) County assessor.
16 (H) County commissioner.
17 (I) County council member.
18 (5) Township offices:
19 (A) Township assessor (only in a township referred to in
20 IC 36-6-5-1(d)).
21 (B) Township trustee.
22 (C) Township board member.
23 (D) Judge of the small claims court.
24 (E) Constable of the small claims court.
25 (6) City offices:
26 (A) Mayor.
27 (B) Clerk or clerk-treasurer.
28 (C) Judge of the city court.
29 (D) City-county council member or common council member.
30 (7) Town offices:
31 (A) Clerk-treasurer.
32 (B) Judge of the town court.
33 (C) Town council member.
34 (8) School board offices, but only if the school corporation's
35 organization plan provides that candidates for election to the
36 governing body shall be elected as candidates for all other
37 elected offices are elected.
38 (h) The political party offices with candidates for election shall be
39 placed on the primary election ballot in the following order after the
40 offices described in subsection (g):
41 (1) Precinct committeeman.
42 (2) State convention delegate.
2022 IN 279—LS 6752/DI 75 8
1 (i) The local offices to be elected at the primary election shall be
2 placed on the primary election ballot after the offices described in
3 subsection (h).
4 (j) The offices described in subsection (i) shall be placed as follows:
5 (1) In a separate column on the ballot if voting is by paper ballot.
6 (2) After the offices described in subsection (h) in the form
7 specified in IC 3-11-13-11 if voting is by ballot card.
8 (3) Either:
9 (A) on a separate screen for each office or public question; or
10 (B) after the offices described in subsection (h) in the form
11 specified in IC 3-11-14-3.5;
12 if voting is by an electronic voting system.
13 SECTION 11. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
14 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JANUARY 1, 2023]: Sec. 1. A special election shall be held in the
16 following cases:
17 (1) Whenever two (2) or more candidates for a federal, state,
18 legislative, or circuit or school board office receive the highest
19 greatest and an equal number of votes for the office, except as
20 provided in Article 5, Section 5 of the Constitution of the State of
21 Indiana. or in IC 20.
22 (2) Whenever a vacancy occurs in the office of United States
23 Senator, as provided in IC 3-13-3-1.
24 (3) Whenever a vacancy occurs in the office of United States
25 Representative unless the vacancy occurs less than seventy-four
26 (74) days before a general election.
27 (4) Whenever a vacancy occurs in any local office the filling of
28 which is not otherwise provided by law.
29 (5) Whenever required by law for a public question.
30 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
31 recount commission under IC 3-12-11-18.
32 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
33 legislative office unless the vacancy occurs less than seventy-four
34 (74) days before a general election.
35 SECTION 12. IC 3-11-2-12, AS AMENDED BY P.L.109-2021,
36 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JANUARY 1, 2023]: Sec. 12. The following offices shall be placed on
38 the general election ballot in the following order after the public
39 questions described in section 10(a) of this chapter:
40 (1) Federal and state offices:
41 (A) President and Vice President of the United States.
42 (B) United States Senator.
2022 IN 279—LS 6752/DI 75 9
1 (C) Governor and lieutenant governor.
2 (D) Secretary of state.
3 (E) Auditor of state.
4 (F) Treasurer of state.
5 (G) Attorney general.
6 (H) United States Representative.
7 (2) Legislative offices:
8 (A) State senator.
9 (B) State representative.
10 (3) Circuit offices and county judicial offices:
11 (A) Judge of the circuit court, and unless otherwise specified
12 under IC 33, with each division separate if there is more than
13 one (1) judge of the circuit court.
14 (B) Judge of the superior court, and unless otherwise specified
15 under IC 33, with each division separate if there is more than
16 one (1) judge of the superior court.
17 (C) Judge of the probate court.
18 (D) Prosecuting attorney.
19 (E) Clerk of the circuit court.
20 (4) County offices:
21 (A) County auditor.
22 (B) County recorder.
23 (C) County treasurer.
24 (D) County sheriff.
25 (E) County coroner.
26 (F) County surveyor.
27 (G) County assessor.
28 (H) County commissioner.
29 (I) County council member.
30 (5) Township offices:
31 (A) Township assessor (only in a township referred to in
32 IC 36-6-5-1(d)).
33 (B) Township trustee.
34 (C) Township board member.
35 (D) Judge of the small claims court.
36 (E) Constable of the small claims court.
37 (6) City offices:
38 (A) Mayor.
39 (B) Clerk or clerk-treasurer.
40 (C) Judge of the city court.
41 (D) City-county council member or common council member.
42 (7) Town offices:
2022 IN 279—LS 6752/DI 75 10
1 (A) Clerk-treasurer.
2 (B) Judge of the town court.
3 (C) Town council member.
4 (8) School board offices, but only if the school corporation's
5 organization plan provides that candidates for election to the
6 governing body shall be elected as candidates for all other
7 elected offices are elected.
8 SECTION 13. IC 3-11-2-12.9, AS AMENDED BY P.L.109-2021,
9 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JANUARY 1, 2023]: Sec. 12.9. (a) This section applies only if the
11 school corporation's organization plan provides that elected
12 members of the governing body of the school corporation are to be
13 elected at a nonpartisan election.
14 (a) (b) School board offices to be elected at the general election
15 shall be placed on the general election ballot after the offices described
16 in section 12.4 of this chapter with each candidate for the office
17 designated as "nonpartisan".
18 (b) (c) If the ballot contains a candidate for a school board office,
19 the ballot must also contain a statement that reads substantially as
20 follows: "To vote for a candidate for this office, make a voting mark on
21 or in the square to the left of the candidate's name.".
22 (c) (d) Whenever candidates are to be elected to a school board
23 office that includes both an at-large member and a member
24 representing a district, the candidates seeking election as an at-large
25 member shall be placed on the ballot before candidates seeking to
26 represent a district.
27 SECTION 14. IC 3-11-2-13, AS AMENDED BY P.L.190-2011,
28 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JANUARY 1, 2023]: Sec. 13. (a) The following offices shall be placed
30 on the general election ballot in the following order after the offices
31 described in section 12.9 12.4 of this chapter, and after the offices
32 described in section 12.9 of this chapter, if applicable:
33 (1) Retention of a justice of the supreme court.
34 (2) Retention of a judge of the court of appeals.
35 (3) Retention of the judge of the tax court.
36 (b) Whenever more than one (1) justice of the supreme court is
37 subject to retention, the name of each justice must appear on the ballot
38 in alphabetical order. However, if the justice serving as chief justice is
39 subject to retention, the chief justice's name must appear first.
40 (c) Whenever more than one (1) judge of the court of appeals is
41 subject to retention, the name of each judge must appear on the ballot
42 in alphabetical order. However, if the judge serving as chief judge is
2022 IN 279—LS 6752/DI 75 11
1 subject to retention, the chief judge's name must appear first.
2 (d) These offices shall be placed in a separate column on the ballot.
3 SECTION 15. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
4 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JANUARY 1, 2023]: Sec. 4. (a) Except as provided in subsection (b),
6 a ballot card voting system must permit a voter to vote:
7 (1) except at a primary election, a straight party ticket for all of
8 the candidates of one (1) political party by a single voting mark
9 on each ballot card;
10 (2) for one (1) or more candidates of each political party or
11 independent candidates, or for one (1) or more school board
12 candidates nominated by petition;
13 (3) a split ticket for the candidates of different political parties
14 and for independent candidates; or
15 (4) a straight party ticket and then split that ticket by casting
16 individual votes for candidates of another political party or
17 independent candidate.
18 (b) A ballot card voting system must require that a voter who wishes
19 to cast a ballot for a candidate for election to an at-large district to
20 which more than one person may be elected, on a:
21 (1) county council;
22 (2) city common council;
23 (3) town council; or
24 (4) township board; or
25 (5) school board;
26 make a voting mark for each individual candidate for whom the voter
27 wishes to cast a vote. The ballot card voting system may not count any
28 straight party ticket voting mark as a vote for any candidate for an
29 office described by this subsection.
30 (c) A ballot card voting system must permit a voter to vote:
31 (1) for all candidates for presidential electors and alternate
32 presidential electors of a political party or an independent ticket
33 by making a single voting mark; and
34 (2) for or against a public question on which the voter may vote.
35 SECTION 16. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
36 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JANUARY 1, 2023]: Sec. 10. (a) Except as provided in subsection (b),
38 an electronic voting system must permit a voter to vote:
39 (1) except at a primary election, a straight party ticket for all the
40 candidates of one (1) political party by touching the device of that
41 party;
42 (2) for one (1) or more candidates of each political party or
2022 IN 279—LS 6752/DI 75 12
1 independent candidates, or for one (1) or more school board
2 candidates nominated by petition;
3 (3) a split ticket for the candidates of different political parties
4 and for independent candidates; or
5 (4) a straight party ticket and then split that ticket by casting
6 individual votes for candidates of another political party or
7 independent candidates.
8 (b) An electronic voting system must require that a voter who
9 wishes to cast a ballot for a candidate for election to an at-large district
10 to which more than one person may be elected, on a:
11 (1) county council;
12 (2) city common council;
13 (3) town council; or
14 (4) township board; or
15 (5) school board;
16 make a voting mark for each individual candidate for whom the voter
17 wishes to cast a vote. The electronic voting system may not count any
18 straight party ticket voting mark as a vote for any candidate for an
19 office described by this subsection.
20 (c) An electronic voting system must permit a voter to vote:
21 (1) for as many candidates for an office as the voter may vote for,
22 but no more;
23 (2) for or against a public question on which the voter may vote,
24 but no other; and
25 (3) for all the candidates for presidential electors and alternate
26 presidential electors of a political party or an independent ticket
27 by making a single voting mark.
28 SECTION 17. IC 3-11-13-11, AS AMENDED BY P.L.193-2021,
29 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JANUARY 1, 2023]: Sec. 11. (a) The ballot information, whether
31 placed on the ballot card or on the marking device, must be in the order
32 of arrangement provided for ballots under this section.
33 (b) Each county election board shall have the names of all
34 candidates for all elected offices, political party offices, and public
35 questions printed on a ballot card as provided in this chapter. The
36 county may:
37 (1) print all offices and questions on a single ballot card; and
38 (2) include a ballot variation code to ensure that the proper
39 version of a ballot is used within a precinct.
40 (c) Each type of ballot card must be of uniform size and of the same
41 quality and color of paper (except as permitted under IC 3-10-1-17).
42 (d) The nominees of a political party or an independent candidate
2022 IN 279—LS 6752/DI 75 13
1 or independent ticket (described in IC 3-11-2-6) nominated by
2 petitioners shall be listed on the ballot with the name and device set
3 forth on the certification or petition. The circle containing the device
4 may be of any size that permits a voter to readily identify the device.
5 IC 3-11-2-5 applies if the certification or petition does not include a
6 name or device, or if the same device is selected by two (2) or more
7 parties or petitioners.
8 (e) The offices and public questions on the general election ballot
9 must be placed on the ballot in the order listed in IC 3-11-2-12,
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),
11 IC 3-11-2-12.9(c), IC 3-11-2-12.9 (if applicable), IC 3-11-2-13(a)
12 through IC 3-11-2-13(c), IC 3-11-2-14(a), IC 3-11-2-14(d), and
13 IC 3-11-2-14(e). The offices and public questions may be listed in a
14 continuous column either vertically or horizontally and on a number of
15 separate pages.
16 (f) The name of each office must be printed in a uniform size in bold
17 type. A statement reading substantially as follows must be placed
18 immediately below the name of the office and above the name of the
19 first candidate:
20 (1) "Vote for one (1) only.", if only one (1) candidate is to be
21 elected to the office.
22 (2) "Vote for not more than (insert the number of candidates to be
23 elected) candidate(s) for this office. To vote for any candidate for
24 this office, you must make a voting mark for each candidate you
25 wish to vote for. A straight party vote will not count as a vote for
26 any candidate for this office.", if more than one (1) candidate is to
27 be elected to the office.
28 (g) Below the name of the office and the statement required by
29 subsection (f), the names of the candidates for each office must be
30 grouped together in the following order:
31 (1) The major political party whose candidate received the highest
32 number of votes in the county for secretary of state at the last
33 election is listed first.
34 (2) The major political party whose candidate received the second
35 highest number of votes in the county for secretary of state is
36 listed second.
37 (3) All other political parties listed in the order that the parties'
38 candidates for secretary of state finished in the last election are
39 listed after the party listed in subdivision (2).
40 (4) If a political party did not have a candidate for secretary of
41 state in the last election or a nominee is an independent candidate
42 or independent ticket (described in IC 3-11-2-6), the party or
2022 IN 279—LS 6752/DI 75 14
1 candidate is listed after the parties described in subdivisions (1),
2 (2), and (3).
3 (5) If more than one (1) political party or independent candidate
4 or ticket described in subdivision (4) qualifies to be on the ballot,
5 the parties, candidates, or tickets are listed in the order in which
6 the party filed its petition of nomination under IC 3-8-6-12.
7 (6) A space for write-in voting is placed after the candidates listed
8 in subdivisions (1) through (5), if required by law.
9 (7) The name of a write-in candidate may not be listed on the
10 ballot.
11 (h) The names of the candidates grouped in the order established by
12 subsection (g) must be printed in type with uniform capital letters and
13 have a uniform space between each name. The name of the candidate's
14 political party, or the word "Independent" if the:
15 (1) candidate; or
16 (2) ticket of candidates for:
17 (A) President and Vice President of the United States; or
18 (B) governor and lieutenant governor;
19 is independent, must be placed immediately below or beside the name
20 of the candidate and must be printed in a uniform size and type.
21 (i) All the candidates of the same political party for election to
22 at-large seats on the fiscal or legislative body of a political subdivision
23 must be grouped together:
24 (1) under the name of the office that the candidates are seeking;
25 (2) in the order established by subsection (g); and
26 (3) within the political party, in alphabetical order according to
27 surname.
28 A statement reading substantially as follows must be placed
29 immediately below the name of the office and above the name of the
30 first candidate: "Vote for not more than (insert the number of
31 candidates to be elected) candidate(s) of ANY party for this office.".
32 (j) Candidates for election to at-large seats on the governing body
33 of a school corporation must be grouped:
34 (1) under the name of the office that the candidates are seeking;
35 and
36 (2) in alphabetical order according to surname.
37 A statement reading substantially as follows must be placed
38 immediately below the name of the office and above the name of the
39 first candidate: "Vote for not more than (insert the number of
40 candidates to be elected) candidate(s) for this office.".
41 (k) The following information must be placed at the top of the ballot
42 before the first public question is listed:
2022 IN 279—LS 6752/DI 75 15
1 (1) The cautionary statement described in IC 3-11-2-7.
2 (2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
3 and IC 3-11-2-10(e).
4 (l) The ballot must include a single connectable arrow, circle, oval,
5 or square, or a voting position for voting a straight party or an
6 independent ticket (described in IC 3-11-2-6) by one (1) mark as
7 required by section 14 of this chapter, and the single connectable
8 arrow, circle, oval, or square, or the voting position for casting a
9 straight party or an independent ticket ballot must be identified by:
10 (1) the name of the political party or independent ticket
11 (described in IC 3-11-2-6); and
12 (2) immediately below or beside the political party's or
13 independent ticket's name, the device of that party or ticket
14 (described in IC 3-11-2-5).
15 The name and device of each political party or independent ticket must
16 be of uniform size and type and arranged in the order established by
17 subsection (g) for listing candidates under each office. The instructions
18 described in IC 3-11-2-10(c) for voting a straight party ticket and the
19 statement concerning presidential electors required under IC 3-10-4-3
20 must be placed on the ballot label. The instructions for voting a straight
21 party ticket must include the statement: "If you do not wish to vote a
22 straight party ticket, do not make a mark in this section and proceed to
23 voting the ballot by office.".
24 (m) A public question must be in the form described in
25 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
26 arrow, a circle, or an oval may be used instead of a square. Except as
27 expressly authorized or required by statute, a county election board
28 may not print a ballot card that contains language concerning the public
29 question other than the language authorized by a statute.
30 (n) The requirements in this section:
31 (1) do not replace; and
32 (2) are in addition to;
33 any other requirements in this title that apply to optical scan ballots.
34 (o) The procedure described in IC 3-11-2-16 must be used when a
35 ballot does not comply with the requirements imposed by this title or
36 contains another error or omission that might result in confusion or
37 mistakes by voters.
38 (p) This subsection applies to an optical scan ballot that does not
39 list:
40 (1) the names of political parties or candidates; or
41 (2) the text of public questions;
42 on the face of the ballot. The ballot must be prepared in accordance
2022 IN 279—LS 6752/DI 75 16
1 with this section, except that the ballot must include a numbered circle
2 or oval to refer to each political party, candidate, or public question.
3 SECTION 18. IC 3-11-14-3.5, AS AMENDED BY P.L.193-2021,
4 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JANUARY 1, 2023]: Sec. 3.5. (a) Each county election board shall
6 have the names of all candidates for all elected offices, political party
7 offices, and public questions printed on ballot labels for use in an
8 electronic voting system as provided in this chapter.
9 (b) The county may:
10 (1) print all offices and public questions on a single ballot label;
11 and
12 (2) include a ballot variation code to ensure that the proper
13 version of a ballot label is used within a precinct.
14 (c) Each type of ballot label must be of uniform size and of the same
15 quality and color of paper (except as permitted under IC 3-10-1-17).
16 (d) The nominees of a political party or an independent candidate
17 or independent ticket (described in IC 3-11-2-6) nominated by
18 petitioners must be listed on the ballot label with the name and device
19 set forth on the certification or petition. The circle containing the
20 device may be of any size that permits a voter to readily identify the
21 device. IC 3-11-2-5 applies if the certification or petition does not
22 include a name or device, or if the same device is selected by two (2)
23 or more parties or petitioners.
24 (e) The ballot labels must list the offices and public questions on the
25 general election ballot in the order listed in IC 3-11-2-12,
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),
27 IC 3-11-2-12.9(c), IC 3-11-2-12.9 (if applicable), IC 3-11-2-13(a)
28 through IC 3-11-2-13(c), IC 3-11-2-14(a), IC 3-11-2-14(d), and
29 IC 3-11-2-14(e). Each office and public question may have a separate
30 screen, or the offices and public questions may be listed in a
31 continuous column either vertically or horizontally.
32 (f) The name of each office must be printed in a uniform size in bold
33 type. A statement reading substantially as follows must be placed
34 immediately below the name of the office and above the name of the
35 first candidate:
36 (1) "Vote for one (1) only.", if only one (1) candidate is to be
37 elected to the office.
38 (2) "Vote for not more than (insert the number of candidates to be
39 elected) candidate(s) for this office. To vote for any candidate for
40 this office, you must make a voting mark for each candidate you
41 wish to vote for. A straight party vote will not count as a vote for
42 any candidate for this office.", if more than one (1) candidate is to
2022 IN 279—LS 6752/DI 75 17
1 be elected to the office.
2 (g) Below the name of the office and the statement required by
3 subsection (f), the names of the candidates for each office must be
4 grouped together in the following order:
5 (1) The major political party whose candidate received the highest
6 number of votes in the county for secretary of state at the last
7 election is listed first.
8 (2) The major political party whose candidate received the second
9 highest number of votes in the county for secretary of state is
10 listed second.
11 (3) All other political parties listed in the order that the parties'
12 candidates for secretary of state finished in the last election are
13 listed after the party listed in subdivision (2).
14 (4) If a political party did not have a candidate for secretary of
15 state in the last election or a nominee is an independent candidate
16 or independent ticket (described in IC 3-11-2-6), the party or
17 candidate is listed after the parties described in subdivisions (1),
18 (2), and (3).
19 (5) If more than one (1) political party or independent candidate
20 or ticket described in subdivision (4) qualifies to be on the ballot,
21 the parties, candidates, or tickets are listed in the order in which
22 the party filed its petition of nomination under IC 3-8-6-12.
23 (6) A space for write-in voting is placed after the candidates listed
24 in subdivisions (1) through (5), if required by law. A space for
25 write-in voting for an office is not required if there are no
26 declared write-in candidates for that office. However, procedures
27 must be implemented to permit write-in voting for candidates for
28 federal offices.
29 (7) The name of a write-in candidate may not be listed on the
30 ballot.
31 (h) The names of the candidates grouped in the order established by
32 subsection (g) must be printed in type with uniform capital letters and
33 have a uniform space between each name. The name of the candidate's
34 political party, or the word "Independent", if the:
35 (1) candidate; or
36 (2) ticket of candidates for:
37 (A) President and Vice President of the United States; or
38 (B) governor and lieutenant governor;
39 is independent, must be placed immediately below or beside the name
40 of the candidate and must be printed in uniform size and type.
41 (i) All the candidates of the same political party for election to
42 at-large seats on the fiscal or legislative body of a political subdivision
2022 IN 279—LS 6752/DI 75 18
1 must be grouped together:
2 (1) under the name of the office that the candidates are seeking;
3 (2) in the party order established by subsection (g); and
4 (3) within the political party, in alphabetical order according to
5 surname.
6 A statement reading substantially as follows must be placed
7 immediately below the name of the office and above the name of the
8 first candidate: "Vote for not more than (insert the number of
9 candidates to be elected) candidate(s) of ANY party for this office.".
10 (j) Candidates for election to at-large seats on the governing body
11 of a school corporation must be grouped:
12 (1) under the name of the office that the candidates are seeking;
13 and
14 (2) in alphabetical order according to surname.
15 A statement reading substantially as follows must be placed
16 immediately below the name of the office and above the name of the
17 first candidate: "Vote for not more than (insert the number of
18 candidates to be elected) candidate(s) for this office.".
19 (k) The cautionary statement described in IC 3-11-2-7 must be
20 placed at the top or beginning of the ballot label before the first public
21 question is listed.
22 (l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d), and
23 IC 3-11-2-10(e) may be:
24 (1) placed on the ballot label; or
25 (2) posted in a location within the voting booth that permits the
26 voter to easily read the instructions.
27 (m) Except as provided in section 14.5 of this chapter, the ballot
28 label must include a touch sensitive point or button for voting a straight
29 political party or independent ticket (described in IC 3-11-2-6) by one
30 (1) touch, and the touch sensitive point or button must be identified by:
31 (1) the name of the political party or independent ticket; and
32 (2) immediately below or beside the political party's or
33 independent ticket's name, the device of that party or ticket
34 (described in IC 3-11-2-5).
35 The name and device of each party or ticket must be of uniform size
36 and type, and arranged in the order established by subsection (g) for
37 listing candidates under each office. The instructions described in
38 IC 3-11-2-10(c) for voting a straight party ticket and the statement
39 concerning presidential electors required under IC 3-10-4-3 must be
40 placed on the ballot label. The instructions for voting a straight party
41 ticket must include the statement: "If you do not wish to vote a straight
42 party ticket, press "NEXT" (or replace "NEXT" with the term used by
2022 IN 279—LS 6752/DI 75 19
1 that voting system to permit a voter to skip a ballot screen) to continue
2 voting.".
3 (n) A public question must be in the form described in
4 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
5 point or button must be used instead of a square. Except as expressly
6 authorized or required by statute, a county election board may not print
7 a ballot label that contains language concerning the public question
8 other than the language authorized by a statute.
9 (o) The requirements in this section:
10 (1) do not replace; and
11 (2) are in addition to;
12 any other requirements in this title that apply to ballots for electronic
13 voting systems.
14 (p) The procedure described in IC 3-11-2-16 must be used when a
15 ballot label does not comply with the requirements imposed by this title
16 or contains another error or omission that might result in confusion or
17 mistakes by voters.
18 SECTION 19. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
19 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JANUARY 1, 2023]: Sec. 7. (a) This subsection applies whenever a
21 voter:
22 (1) votes a straight party ticket; and
23 (2) votes only for one (1) or more individual candidates who are
24 all of the same political party as the straight ticket vote.
25 Except as provided in subsection (d) or (e), the straight ticket vote shall
26 be counted and the individual candidate votes may not be counted.
27 (b) This subsection applies whenever:
28 (1) a voter has voted a straight party ticket for the candidates of
29 one (1) political party;
30 (2) only one (1) person may be elected to an office; and
31 (3) the voter has voted for one (1) individual candidate for the
32 office described in subdivision (2) who is:
33 (A) a candidate of a political party other than the party for
34 which the voter voted a straight ticket; or
35 (B) an independent candidate or declared write-in candidate
36 for the office.
37 If the voter has voted for one (1) individual candidate for the office
38 described in subdivision (2), the individual candidate vote for that
39 office shall be counted, the straight party ticket vote for that office may
40 not be counted, and the straight party ticket votes for other offices on
41 the ballot shall be counted.
42 (c) This subsection applies whenever:
2022 IN 279—LS 6752/DI 75 20
1 (1) a voter has voted a straight party ticket for the candidates of
2 one (1) political party; and
3 (2) the voter has voted for more individual candidates for the
4 office than the number of persons to be elected to that office.
5 The individual candidate votes for that office may not be counted, the
6 straight party ticket vote for that office may not be counted, and the
7 straight party ticket votes for other offices on the ballot shall be
8 counted.
9 (d) This subsection applies whenever:
10 (1) a voter has voted a straight party ticket for the candidates of
11 one (1) political party;
12 (2) more than one (1) person may be elected to an office; and
13 (3) the voter has voted for individual candidates for the office
14 described in subdivision (2) who are:
15 (A) independent candidates or declared write-in candidates;
16 (B) candidates of a political party other than the political party
17 for which the voter cast a straight party ticket under
18 subdivision (1); or
19 (C) a combination of candidates described in clauses (A) and
20 (B).
21 The individual votes cast by the voter for the office for the independent
22 candidates, declared write-in candidates, and the candidates of a
23 political party other than the political party for which the voter cast a
24 straight party ticket shall be counted unless the total number of these
25 individual votes is greater than the number of persons to be elected to
26 the office. The straight party ticket votes for the office shall not be
27 counted. The straight party ticket votes for other offices on the voter's
28 ballot shall be counted.
29 (e) This subsection applies whenever:
30 (1) a voter has voted a straight party ticket for the candidates of
31 one (1) political party;
32 (2) more than one (1) person may be elected to an office; and
33 (3) the voter has voted for individual candidates for the office
34 described in subdivision (2) who are:
35 (A) independent candidates, declared write-in candidates, or
36 candidates of a political party other than the political party for
37 which the voter cast a straight party ticket under subdivision
38 (1); and
39 (B) candidates of the same political party for which the voter
40 cast a straight party ticket under subdivision (1).
41 The individual votes cast by the voter for the office for the independent
42 candidates, the declared write-in candidates, and the candidates of a
2022 IN 279—LS 6752/DI 75 21
1 political party other than the political party for which the voter cast a
2 straight party ticket, and the candidates of the political party for which
3 the voter cast a straight party ticket shall be counted unless the total
4 number of these individual votes is greater than the number of persons
5 to be elected to the office. The straight party ticket votes for the office
6 shall not be counted. The straight party ticket votes for other offices on
7 the voter's ballot shall be counted.
8 (f) If a voter votes a straight party ticket for more than one (1)
9 political party, the whole ballot is void with regard to all candidates
10 nominated by a political party, declared write-in candidates, or
11 candidates designated as independent candidates on the ballot.
12 However, the voter's vote:
13 (1) for a school board candidate, if the school board candidate
14 is running on a nonpartisan ballot; or
15 (2) on a public question;
16 shall be counted if otherwise valid under this chapter.
17 (g) If a voter does not vote a straight party ticket and the number of
18 votes cast by that voter for the candidates for an office are less than or
19 equal to the number of openings for that office, the individual
20 candidates votes shall be counted.
21 (h) If a voter does not vote a straight party ticket and the number of
22 votes cast by that voter for an office exceeds the number of openings
23 for that office, none of the votes concerning that office may be counted.
24 SECTION 20. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
25 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JANUARY 1, 2023]: Sec. 3. Whenever a circuit court clerk receives
27 certification that a tie vote at an election for a local office or a school
28 board office occurred, the clerk shall immediately send a written notice
29 of the tie vote to the following:
30 (1) If the tie vote occurred in an election for a local office, the
31 fiscal body of the affected political subdivision. or
32 (2) If the tie vote occurred in an election for a circuit office in a
33 circuit that includes more than one county, to the fiscal body of
34 each county of the circuit.
35 (3) If the tie vote occurred in an election for a school board
36 office, the governing body of the affected school corporation.
37 SECTION 21. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
38 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JANUARY 1, 2023]: Sec. 4. (a) This section does not apply if a tie
40 vote occurred in an election for a school board office.
41 (a) (b) The fiscal body of a political subdivision that receives notice
42 under section 3 of this chapter shall resolve the tie vote by electing a
2022 IN 279—LS 6752/DI 75 22
1 person to fill the office not later than December 31 following the
2 election at which the tie vote occurred. The fiscal body shall select one
3 (1) of the candidates who was involved in the tie vote to fill the office.
4 (b) (c) If a tie vote has occurred in an election for a circuit office in
5 a circuit that contains more than one (1) county, the fiscal bodies of the
6 counties shall meet in joint session at the county seat of the county that
7 contains the greatest percentage of population of the circuit to select
8 one (1) of the candidates who was involved in the tie vote in order to
9 fill the office in accordance with this section.
10 (c) (d) If a tie vote has occurred for the election of more than one (1)
11 at-large seat on a legislative or fiscal body, the fiscal body shall select
12 the number of individuals necessary to fill each of the at-large seats for
13 which the tie vote occurred. However, a member of a fiscal body who
14 runs for reelection and is involved in a tie vote may not cast a vote
15 under this section.
16 (d) (e) The executive of the political subdivision (other than a town)
17 or a school corporation) may cast the deciding vote to break a tie vote
18 in a fiscal body acting under this section. The clerk-treasurer of the
19 town may cast the deciding vote to break a tie vote in a town fiscal
20 body acting under this section. A tie vote in the fiscal body of a school
21 corporation under this section shall be broken under IC 20-23.
22 SECTION 22. IC 3-12-9-5 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 5. Whenever a tie
24 vote at an election for:
25 (1) a state office; or
26 (2) a local office; or
27 (3) a school board office;
28 occurs, the incumbent public official remains in office in accordance
29 with Article 15, Section 3 of the Constitution of the State of Indiana
30 until a successor is elected under this chapter and qualified.
31 SECTION 23. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
32 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
33 JANUARY 1, 2023]:
34 Chapter 10.5. School Corporation Governing Body; Resolving
35 Tie Votes; Filling Vacancies
36 Sec. 1. As used in this chapter, "governing body" refers to either
37 of the following:
38 (1) The governing body of a school corporation.
39 (2) The school advisory body of a school corporation.
40 Sec. 2. (a) This section applies if the governing body receives
41 notice under IC 3-12-9-3 that a tie vote has occurred at the election
42 of a member of the governing body.
2022 IN 279—LS 6752/DI 75 23
1 (b) If a tie vote occurs at an election for a member of the
2 governing body and one (1) of the candidates involved in the tie
3 vote is an incumbent member of the governing body, the incumbent
4 member remains in office in accordance with Article 15, Section 3
5 of the Constitution of the State of Indiana until a successor is
6 elected and qualified as provided in this section.
7 (c) The members of the governing body shall resolve the tie vote
8 by electing one (1) individual from among the candidates who was
9 involved in the tie vote to fill the office.
10 (d) If a tie vote has occurred for the election of more than one
11 (1) at-large seat on the governing body, the governing body shall
12 select the number of individuals necessary to fill each of the
13 at-large seats for which the tie vote occurred from among the
14 candidates who were involved in the tie vote.
15 (e) If a member of the governing body is one (1) of the
16 candidates involved in the tie vote, that member may not cast a
17 vote under this section.
18 (f) The governing body shall act under this section not later than
19 December 31 following the election at which the tie vote occurred.
20 Sec. 3. (a) A vacancy on the governing body in an office that was
21 last held by an individual elected or selected as a candidate of a
22 major political party of Indiana shall be filled by a caucus under
23 IC 3-13-11.
24 (b) A vacancy on the governing body in an office that was last
25 held by an individual elected as a candidate other than as a
26 candidate of a major political party of Indiana shall be filled as
27 provided in IC 20-26-4.
28 SECTION 24. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
29 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JANUARY 1, 2023]: Sec. 29.1. (a) This section applies to each school
31 corporation.
32 (b) If a plan provides for election of members of the governing
33 body, the members of the governing body who are to be elected shall
34 be elected at a general election.
35 (c) This subsection applies only if the school corporation's
36 organization plan provides that elected members of the governing
37 body of the school corporation are to be elected at a nonpartisan
38 election. Each candidate must file a petition of nomination in
39 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
40 (10) registered voters residing within the boundaries of the community
41 school corporation. The filing must be made within the time specified
42 by IC 3-8-2.5-4.
2022 IN 279—LS 6752/DI 75 24
1 (d) This subsection applies only if the school corporation's
2 organization plan provides that candidates for election to the
3 governing body shall be elected as candidates for all other elected
4 offices are elected. A candidate must be nominated as provided in
5 IC 3-8-2 or IC 3-8-6, whichever is applicable to the particular
6 candidate.
7 (e) The following applies to the election of elected members of
8 the governing body:
9 (1) The plan determines whether members are elected under
10 one (1) of the following:
11 (A) At-large.
12 (B) By all the voters of the school corporation from
13 residence districts.
14 (C) Only by the voters of each electoral district established
15 under the plan.
16 (2) IC 3 governs the nomination and election of members of
17 the governing body.
18 (c) All nominations shall be listed for each office in the form
19 prescribed by IC 3-11-2, but without party designation. Voting and
20 tabulation of votes shall be conducted in the same manner as voting
21 and tabulation in general elections are conducted. The precinct election
22 boards serving in each county shall conduct the election for members
23 of the governing body. If a school corporation is located in more than
24 one (1) county, each county election board shall print the ballots
25 required for voters in that county to vote for candidates for members of
26 the governing body.
27 (d) If the plan provides that the members of the governing body
28 shall be elected by all the voters of the community school corporation,
29 candidates shall be placed on the ballot in the form prescribed by
30 IC 3-11-2, without party designation. The candidates who receive the
31 most votes are elected.
32 (e) If the plan provides that members of the governing body are to
33 be elected from residence districts by all voters in the community
34 school corporation, nominees for the governing body shall be placed on
35 the ballot in the form prescribed by IC 3-11-2, by residence districts
36 without party designation. The ballot must state the number of
37 members to be voted on and the maximum number of members that
38 may be elected from each residence district as provided in the plan. A
39 ballot is not valid if more than the maximum number of members are
40 voted on from a board member residence district. The candidates who
41 receive the most votes are elected. However, if more than the
42 maximum number that may be elected from a residence district are
2022 IN 279—LS 6752/DI 75 25
1 among those receiving the most votes, the candidates from the
2 residence districts exceeding the maximum number who receive the
3 fewest votes shall be eliminated in determining the candidates who are
4 elected.
5 (f) If the plan provides that members of the governing body are to
6 be elected from electoral districts solely by the voters of each district,
7 nominees residing in each electoral district shall be placed on the ballot
8 in the form prescribed by IC 3-11-2, without party designation. The
9 ballot must state the number of members to be voted on from the
10 electoral district. The candidates residing in the electoral district who
11 receive the most votes are elected.
12 SECTION 25. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
13 SECTION 102, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JANUARY 1, 2023]: Sec. 30. (a) This section applies to
15 each school corporation.
16 (b) If a tie vote occurs among any of the candidates, the tie vote
17 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
18 (c) If after the first governing body takes office, fewer candidates
19 have been elected to the school board than there were members to be
20 elected, the governing body shall determine not later than noon
21 December 31 following the election which incumbent member or
22 members continue to hold office under Article 15, Section 3 of the
23 Constitution of the State of Indiana until a successor is elected and
24 qualified. However,
25 (d) If there is a vacancy on the governing body, whether the
26 vacating member was elected or appointed, the remaining members of
27 the governing body, whether or not a majority of the governing body,
28 shall by a majority vote fill the vacancy by appointing a person from
29 within the boundaries of the community school corporation to serve for
30 the term or balance of the term. An individual appointed under this
31 subsection must possess the qualifications provided for a regularly
32 elected or appointed governing body member filling the office. If:
33 (1) a tie vote occurs among the members of the governing body
34 under this subsection or IC 3-12-9-4; or
35 (2) the governing body fails to act within thirty (30) days after any
36 vacancy occurs;
37 the judge of the circuit court in the county where the majority of
38 registered voters of the school corporation reside shall make the
39 appointment. the vacancy shall be filled as provided in
40 IC 3-13-10.5-3.
41 (d) (e) A vacancy in the governing body occurs if a member ceases
42 to be a resident of any the community school corporation. A vacancy
2022 IN 279—LS 6752/DI 75 26
1 does not occur when the member moves from a district of the school
2 corporation from which the member was elected or appointed if the
3 member continues to be a resident of the school corporation.
4 (e) (f) At the first general election in which members of the
5 governing body are elected:
6 (1) a simple majority of the candidates elected as members of the
7 governing body who receive the greatest number of votes shall be
8 elected for four (4) year terms; and
9 (2) the balance of the candidates elected as members of the
10 governing body receiving the next greatest number of votes shall
11 be elected for two (2) year terms.
12 Thereafter, all school board members shall be elected for four (4) year
13 terms.
14 (f) (g) Elected governing body members take office and assume
15 their duties on the date set in the school corporation's organization plan.
16 The date set in the organization plan for an elected member of the
17 governing body to take office may not be more than fourteen (14)
18 months after the date of the member's election. If the school
19 corporation's organization plan does not set a date for an elected
20 member of the governing body to take office, the member takes office
21 January 1 immediately after the member's election.
22 SECTION 26. IC 20-23-4-35, AS AMENDED BY P.L.271-2013,
23 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JANUARY 1, 2023]: Sec. 35. (a) The governing body of a school
25 corporation may be organized under this section.
26 (b) The governing body consists of seven (7) members, elected as
27 follows:
28 (1) Four (4) members elected from districts, with one (1) member
29 serving from each election district. A member elected under this
30 subdivision must be:
31 (A) a resident of the election district from which the member
32 is elected; and
33 (B) voted upon by only the registered voters residing within
34 the election district and voting at a governing body election.
35 (2) Three (3) members, who are voted upon by all the registered
36 voters residing within the school corporation and voting at a
37 governing body election, elected under this subdivision. The
38 governing body shall establish three (3) residential districts as
39 follows:
40 (A) One (1) residential district must be the township that has
41 the greatest population within the school corporation.
42 (B) Two (2) residential districts must divide the remaining
2022 IN 279—LS 6752/DI 75 27
1 area within the school corporation.
2 Only one (1) member who resides within a particular residential
3 district established under this subdivision may serve on the
4 governing body at a time.
5 (c) A member of the governing body who is:
6 (1) elected from an election or a residential district; or
7 (2) appointed to fill a vacancy from an election or a residential
8 district;
9 must reside within the boundaries of the district the member represents.
10 (d) A vacancy on the governing body shall be filled by the
11 governing body as soon as practicable after the vacancy occurs. A
12 member chosen by the governing body to fill a vacancy holds office for
13 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
14 (e) The members of the governing body serving at the time a plan
15 is amended under this section shall establish the election and
16 residential districts described in subsection (b).
17 (f) The election districts described in subsection (b)(1):
18 (1) shall be drawn on the basis of precinct lines;
19 (2) may not cross precinct lines; and
20 (3) as nearly as practicable, be of equal population, with the
21 population of the largest exceeding the population of the smallest
22 by not more than fifteen percent (15%).
23 (g) The residential districts described in subsection (b)(2) may:
24 (1) be drawn in any manner considered appropriate by the
25 governing body; and
26 (2) be drawn along township lines.
27 (h) The governing body shall certify the districts that are established
28 under subsections (f) and (g), amended under subsection (e), or
29 recertified under section 35.5 of this chapter to:
30 (1) the state board; and
31 (2) the circuit court clerk of each county in which the school
32 corporation is located as provided in section 35.5 of this chapter.
33 (i) The governing body shall designate:
34 (1) three (3) of the districts established under this section to be
35 elected at the first school board election that occurs after the
36 effective date of the plan; and
37 (2) the remaining four (4) districts to be elected at the second
38 school board election that occurs after the effective date of the
39 plan.
40 (j) The limitations set forth in this section are part of the plan, but
41 do not have to be specifically set forth in the plan. The plan must be
42 construed, if possible, to comply with this chapter. If a provision of the
2022 IN 279—LS 6752/DI 75 28
1 plan or an application of the plan violates this chapter, the invalidity
2 does not affect the other provisions or applications of the plan that can
3 be given effect without the invalid provision or application. The
4 provisions of the plan are severable.
5 (k) If a conflict exists between:
6 (1) a map showing the boundaries of a district; and
7 (2) a description of the boundaries of that district set forth in the
8 plan or plan amendment;
9 the district boundaries are the description of the boundaries set forth in
10 the plan or plan amendment, not the boundaries shown on the map, to
11 the extent there is a conflict between the description and the map.
12 SECTION 27. IC 20-23-4-44, AS AMENDED BY P.L.119-2012,
13 SECTION 145, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JANUARY 1, 2023]: Sec. 44. (a) This section applies
15 only to a school corporation with territory in a county having a
16 population of more than one hundred seventy thousand (170,000) but
17 less than one hundred seventy-five thousand (175,000). one hundred
18 eighty-five thousand (185,000) and less than two hundred thousand
19 (200,000).
20 (b) This section applies If there is a
21 (1) tie vote in an election for a member of the governing body of
22 a school corporation, or
23 (2) vacancy on the governing body of a school corporation.
24 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
25 (c) Notwithstanding any other law, If a tie vote occurs among any
26 of the candidates for the governing body or a vacancy occurs on the
27 governing body, the remaining members of the governing body, even
28 if the remaining members do not constitute a majority of the governing
29 body, shall by a majority vote of the remaining members:
30 (1) select one (1) of the candidates who shall be declared and
31 certified elected; or
32 (2) fill the vacancy by appointing an individual to fill the vacancy.
33 the vacancy shall be filled as provided in IC 3-13-10.5-3.
34 (d) An individual appointed to fill a vacancy under subsection
35 (c)(2):
36 (1) must satisfy all the qualifications required of a member of the
37 governing body; and
38 (2) shall fill the remainder of the unexpired term of the vacating
39 member.
40 (e) If a tie vote occurs among the remaining members of the
41 governing body or the governing body fails to act within thirty (30)
42 days after the election or the vacancy occurs, the fiscal body (as
2022 IN 279—LS 6752/DI 75 29
1 defined in IC 3-5-2-25) of the township in which the greatest
2 percentage of population of the school district resides shall break the
3 tie or make the appointment. A member of the fiscal body who was a
4 candidate and is involved in a tie vote may not cast a vote under this
5 subsection.
6 (f) If the fiscal body of a township is required to act under this
7 section and a vote in the fiscal body results in a tie, the deciding vote
8 to break the tie vote shall be cast by the executive.
9 SECTION 28. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
10 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JANUARY 1, 2023]: Sec. 8.1. (a) The registered voters of the
12 metropolitan school district shall elect the members of the metropolitan
13 board of education at general elections held biennially, beginning with
14 the next general election that is held more than sixty (60) days after the
15 creation of the metropolitan school district as provided in this chapter.
16 (b) This subsection applies only if the school corporation's
17 organization plan provides that elected members of the governing
18 body of the school corporation are to be elected at a nonpartisan
19 election. Each nominee for the board must file a petition of nomination
20 signed by the nominee and by ten (10) registered voters residing in the
21 same board member district as the nominee. The petition must be filed
22 in accordance with IC 3-8-2.5 with the circuit court clerk of each
23 county in which the metropolitan school district is located.
24 (c) Nominees for the board shall be listed on the general election
25 ballot:
26 (1) in the form prescribed by IC 3-11-2;
27 (2) by board member districts; and
28 (3) without party designation.
29 The ballot must state the number of board members to be voted on and
30 the maximum number of members that may be elected from each board
31 member district as provided under section 5 of this chapter. A ballot
32 that contains more votes than the maximum number allowed from a
33 board member district is invalid.
34 (d) The precinct election boards in each county serving at the
35 general election shall conduct the election for school board members.
36 (e) Voting and tabulation of votes shall be conducted in accordance
37 with IC 3, and the candidates who receive the most votes are elected to
38 the board.
39 (f) If there are more candidates from a particular board member
40 district than may be elected from the board member district under
41 section 5 of this chapter:
42 (1) the number of candidates elected is the greatest number that
2022 IN 279—LS 6752/DI 75 30
1 may be elected from the board member district;
2 (2) the candidates elected are those who, among the candidates
3 from the board member district, receive the most votes; and
4 (3) the other candidates from the board member district are
5 eliminated.
6 (c) This subsection applies only if the school corporation's
7 organization plan provides that candidates for election to the
8 governing body shall be elected as candidates for all other elected
9 offices are elected. A candidate must be nominated as provided in
10 IC 3-8-2 or IC 3-8-6, whichever is applicable to the particular
11 candidate.
12 (d) IC 3 governs the nomination and election of candidates.
13 (g) (e) If there is a tie vote among the candidates for the board, the
14 judge of the circuit court in the county where the majority of the
15 registered voters of the metropolitan school district reside shall select
16 one (1) of the candidates who shall be declared and certified elected.
17 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
18 (h) (f) If, at any time after the first board member election, A
19 vacancy on the board that occurs for any reason including an
20 insufficient number of petitions for candidates being filed, and
21 regardless of whether the vacating member was elected or appointed,
22 the remaining members of the board, whether or not a majority of the
23 board, shall by a majority vote fill the vacancy by:
24 (1) appointing a person from the board member district from
25 which the person who vacated the board was elected; or
26 (2) if the person was appointed, appointing a person from the
27 board member district from which the last elected predecessor of
28 the person was elected.
29 If a majority of the remaining members of the board is unable to agree
30 or the board fails to act within thirty (30) days after a vacancy occurs,
31 the judge of the circuit court in the county where the majority of
32 registered voters of the metropolitan school district reside shall make
33 the appointment. shall be filled as provided in IC 3-13-10.5-3.
34 (i) At a general election held on the earlier of:
35 (1) more than sixty (60) days after an elected board member
36 vacates membership on the board; or
37 (2) immediately before the end of the term for which the vacating
38 member was elected;
39 a successor to a board member appointed under subsection (h) shall be
40 elected. Unless the successor takes office at the end of the term of the
41 vacating member, the member shall serve only for the balance of the
42 vacating member's term. In an election for a successor board member
2022 IN 279—LS 6752/DI 75 31
1 to fill a vacancy for a two (2) year balance of a term, candidates for
2 board membership need not file for or with reference to the vacancy.
3 However, as required by IC 3-11-2, candidates for at-large seats must
4 be distinguished on the ballot from candidates for district seats. If there
5 is more than one (1) at-large seat on the ballot due to this vacancy, the
6 elected candidate who receives the fewest votes at the election at which
7 the successor is elected shall serve for a two (2) year term.
8 (j) (g) At the first general election where members of the board are
9 elected under this section, the elected candidates who constitute a
10 simple majority of the elected candidates and who receive the most
11 votes shall be elected for four (4) year terms, and the other elected
12 candidates shall be elected for two (2) year terms.
13 (k) (h) Board members shall be elected for four (4) year terms after
14 the first election and shall take office on the date set in the school
15 corporation's organization plan. The date set in the organization plan
16 for an elected member of the governing body to take office may not be
17 more than fourteen (14) months after the date of the member's election.
18 If the school corporation's organization plan does not set a date for an
19 elected member of the governing body to take office, the member takes
20 office January 1 immediately following the member's election.
21 SECTION 29. IC 20-23-7-9 IS REPEALED [EFFECTIVE
22 JANUARY 1, 2023]. Sec. 9. (a) This section applies to a metropolitan
23 or consolidated school corporation located in a county containing a
24 consolidated city.
25 (b) The same method used to cast votes for other offices for which
26 candidates have qualified to be on the election ballot shall be used for
27 the school board offices on the election ballot.
28 SECTION 30. IC 20-23-8-0.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JANUARY 1, 2023]: Sec. 0.5. (a) Except as provided
31 in subsection (b), this chapter applies to all school corporations.
32 (b) This chapter does not apply to a school corporation with an
33 elected school advisory board.
34 (c) As used in this chapter, "specific statute" refers to any of the
35 following:
36 (1) IC 20-23-13.
37 (2) IC 20-23-14.
38 (3) IC 20-23-15.
39 (4) IC 20-23-17.
40 (5) IC 20-23-17.2.
41 (6) IC 20-25.
42 (7) Any other statute that defines the composition or manner
2022 IN 279—LS 6752/DI 75 32
1 of selection of the members of the governing body of a specific
2 school corporation.
3 (d) Notwithstanding a specific statute, a school corporation may
4 change the composition of its governing body as provided in this
5 chapter.
6 (e) If a school corporation's governing body is changed as
7 provided in this chapter:
8 (1) the organization plan of the governing body adopted under
9 this chapter governs the composition of the governing body;
10 and
11 (2) the specific statute does not govern the composition of its
12 governing body, to the extent of a conflict between the specific
13 statute and the provisions of the organization plan of the
14 governing body adopted under this chapter.
15 SECTION 31. IC 20-23-8-5, AS AMENDED BY P.L.233-2015,
16 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JANUARY 1, 2023]: Sec. 5. As used in this chapter, "school
18 corporation" means a local public school corporation established under
19 the laws of Indiana. The term does not include a school corporation
20 covered by IC 20-23-12, IC 20-23-17, or IC 20-23-17.2.
21 SECTION 32. IC 20-23-8-7, AS AMENDED BY P.L.119-2012,
22 SECTION 146, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JANUARY 1, 2023]: Sec. 7. (a) A plan or proposed plan
24 must contain the following items:
25 (1) The number of members of the governing body, which shall
26 be:
27 (A) three (3);
28 (B) five (5); or
29 (C) seven (7);
30 members.
31 (2) Whether the governing board body shall be elected,
32 appointed, or both.
33 (3) If appointed, when and by whom, and a general description of
34 the manner of appointment that conforms with the requirements
35 of IC 20-23-4-28.
36 (4) If members of the governing body are elected, the
37 following provisions:
38 (A) Whether elected members of the governing body are to
39 be elected:
40 (i) at a nonpartisan election; or
41 (ii) as candidates for all other elected offices are elected.
42 (B) If elected members of the governing body are to be
2022 IN 279—LS 6752/DI 75 33
1 elected at a nonpartisan election, that candidates for
2 election to the governing body shall be nominated as
3 provided in IC 3-8-2.5.
4 (C) If elected members of the governing body are to be
5 elected as candidates for all other elected offices are
6 elected, that candidates for election to the governing body
7 shall be nominated as provided in IC 3-8-2 or IC 3-8-6,
8 whichever is applicable to the particular candidate.
9 (D) A provision that the members of an elected governing
10 board body shall be elected at the general election at which
11 county officials are elected.
12 (5) If the governing board body will have members who are
13 elected and members who are appointed, the following
14 information:
15 (A) The number of appointed members.
16 (B) When and by whom each of the appointed members are
17 appointed.
18 (C) A general description of the manner of appointment that
19 conforms with the requirements of IC 20-23-4-28.
20 (D) The number of elected members.
21 (E) A general description of the manner of election that
22 conforms with the requirements of IC 20-23-4-27.
23 (6) The limitations on:
24 (A) residence;
25 (B) term of office; and
26 (C) other qualifications;
27 required by members of the governing body.
28 (7) The time the plan takes effect.
29 A plan or proposed plan may have additional details to make the
30 provisions of the plan workable. The details may include provisions
31 relating to the commencement or length of terms of office of the
32 members of the governing body taking office under the plan.
33 (b) Except as provided in subsection (a)(1), in a city having a
34 population of more than fifty-five thousand (55,000) but less than sixty
35 thousand (60,000), fifty-four thousand (54,000) and less than
36 fifty-eight thousand (58,000), the governing body described in a plan
37 may have up to nine (9) members.
38 SECTION 33. IC 20-23-8-13, AS AMENDED BY P.L.43-2021,
39 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JANUARY 1, 2023]: Sec. 13. (a) This section applies to a school
41 corporation located in a city having a population of more than eighty
42 thousand (80,000) but less than eighty thousand four hundred (80,400).
2022 IN 279—LS 6752/DI 75 34
1 sixty-nine thousand (69,000) and less than sixty-nine thousand five
2 hundred (69,500).
3 (b) The city legislative body may adopt an ordinance to increase the
4 membership of the governing body of a school corporation to seven (7)
5 members.
6 (c) The ordinance must provide the following:
7 (1) The additional members of the governing body are to be
8 appointed by the city executive.
9 (2) If the plan is subsequently changed to provide for the election
10 of governing body members:
11 (A) the membership of the governing body may not be less
12 than seven (7); and
13 (B) the members of the governing body are to be elected.
14 (3) The initial terms of the members appointed under this section.
15 (4) The effective date of the ordinance.
16 (d) An ordinance adopted under this section:
17 (1) supersedes a part of the plan that conflicts with the ordinance;
18 (2) must be filed with the secretary of education under section 22
19 of this chapter; and
20 (3) may only be amended or repealed by the city legislative body.
21 SECTION 34. IC 20-23-8-15, AS ADDED BY P.L.1-2005,
22 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JANUARY 1, 2023]: Sec. 15. (a) Not more than thirty (30) days after
24 the expiration of the one hundred twenty (120) day period for filing a
25 petition, plans that have been published in accordance with section 14
26 of this chapter, whether the plans were initiated by the governing body
27 or in connection with a petition, shall be submitted to the state board.
28 (b) The state board shall:
29 (1) review a plan;
30 (2) revise a plan, if possible, to:
31 (A) cure ambiguities; and
32 (B) ensure that the plan complies with the limitations set out
33 in section 8 of this chapter;
34 (3) if a plan provides for electoral districts, verify that the districts
35 are, as near as practicable, equal in population according to the
36 decennial census immediately preceding the first petition or
37 resolution initiating the plan; and
38 (4) certify a plan, with revisions, to the governing body and to the
39 clerk.
40 The state board may combine plans if the state board determines that
41 the plans are substantially similar. In making its determinations, the
42 commission state board may, but is not obligated to, hold hearings and
2022 IN 279—LS 6752/DI 75 35
1 shall make an investigation as it considers necessary. If the state board
2 holds a hearing, the state board may hear the evidence through hearing
3 examiners, who do not have to be members of the state board. The state
4 board shall send a certified record of its determinations to the
5 governing body, the clerk, and the county election board.
6 (c) Not more than sixty (60) days after receiving a plan submitted
7 by a governing body under section 14 of this chapter, the state board
8 shall publish notice of the plan in accordance with section 14 of this
9 chapter, unless the state board determines that the plan or the petition
10 does not meet the requirements of this chapter.
11 SECTION 35. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
12 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JANUARY 1, 2023]: Sec. 8. (a) The board members of a merged
14 school corporation shall be elected at the first general election
15 following the merged school corporation's creation, and vacancies shall
16 be filled in accordance with IC 20-23-4-30. IC 3-13-10.5-3.
17 (b) Until the first election under subsection (a), the board of trustees
18 of the merged school corporation consists of the members of the
19 governing body of a school corporation in the county.
20 (c) The first board of trustees shall select the name of the merged
21 school corporation by a majority vote. The name may be changed by
22 unanimous vote of the governing body of the merged school
23 corporation.
24 SECTION 36. IC 20-23-12-1 IS REPEALED [EFFECTIVE
25 JANUARY 1, 2023]. Sec. 1. IC 20-23-8 does not apply to:
26 (1) a school corporation; or
27 (2) the governing body of a school corporation;
28 covered by this chapter.
29 SECTION 37. IC 20-23-17-2 IS REPEALED [EFFECTIVE
30 JANUARY 1, 2023]. Sec. 2. IC 20-23-8 does not apply to a school
31 corporation or the governing body of a school corporation governed by
32 this chapter.
33 SECTION 38. IC 20-23-17.2-2 IS REPEALED [EFFECTIVE
34 JANUARY 1, 2023]. Sec. 2. IC 20-23-8 does not apply to a school
35 corporation or the governing body of a school corporation governed by
36 this chapter.
37 SECTION 39. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
38 SECTION 107, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JANUARY 1, 2023]: Sec. 4. (a) This section does not
40 apply to either of the following:
41 (1) A vacancy of a member who serves on a governing body in
42 an ex officio capacity.
2022 IN 279—LS 6752/DI 75 36
1 (2) A vacancy in an appointed board member position if the
2 plan, resolution, or law under which the school corporation
3 operates specifically provides for filling vacancies by the
4 appointing authority.
5 (b) If fewer candidates have been elected to the school board than
6 there were members to be elected, the governing body shall determine
7 not later than noon December 31 following the election which
8 incumbent member or members continue to hold office under Article
9 15, Section 3 of the Constitution of the State of Indiana until a
10 successor is elected and qualified. However,
11 (c) If a vacancy in the membership of a governing body occurs for
12 any reason, whether the vacancy was of an elected or appointed
13 member, the vacancy shall be filled as follows:
14 (1) If the vacant office was last held by an individual elected
15 or selected as a candidate of a major political party of
16 Indiana, the vacancy shall be filled by a caucus under
17 IC 3-13-11.
18 (2) If subdivision (1) does not apply, the remaining members of
19 the governing body shall by majority vote fill the vacancy by
20 appointing a person an individual from within the boundaries of
21 the school corporation. with the residence and other qualifications
22 provided for a regularly elected or appointed board member
23 filling the membership, to serve for the term or the balance of the
24 term. However, this subsection does not apply to a vacancy:
25 (1) of a member who serves on a governing body in an ex officio
26 capacity; or
27 (2) a vacancy in an appointed board membership if a plan,
28 resolution, or law under which the school corporation operates
29 specifically provides for filling vacancies by the appointing
30 authority.
31 (d) An individual appointed as provided in this section:
32 (1) must possess the qualifications provided for a regularly
33 elected or appointed governing body member filling the
34 office; and
35 (2) holds office for the remainder of the unexpired term.
36 SECTION 40. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
37 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JANUARY 1, 2023]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
39 this section.
40 (b) If a vacancy in a school board office exists because of the death
41 of a school board member, the vacancy shall be filled in accordance
42 with section 4 of this chapter the remaining members of the
2022 IN 279—LS 6752/DI 75 37
1 governing body shall meet and select an individual to fill the vacancy
2 after the secretary of the governing body receives notice of the death
3 under IC 5-8-6. and in accordance with section 4 of this chapter.
4 SECTION 41. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
5 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JANUARY 1, 2023]: Sec. 5. In accordance with rules adopted by the
7 judges of the court under section 6 of this chapter, the presiding judge
8 shall do the following:
9 (1) Ensure that the court operates efficiently and judicially under
10 rules adopted by the court.
11 (2) Annually submit to the fiscal body of Monroe County a budget
12 for the court, including amounts necessary for:
13 (A) the operation of the circuit's probation department;
14 (B) the defense of indigents; and
15 (C) maintaining an adequate law library.
16 (3) Make the appointments or selections required of a circuit or
17 superior court judge under the following statutes:
18 IC 8-4-21-2
19 IC 11-12-2-2
20 IC 16-22-2-4
21 IC 16-22-2-11
22 IC 16-22-7
23 IC 20-23-4
24 IC 20-23-7-6
25 IC 20-23-7-8.1
26 IC 20-26-7-8
27 IC 20-26-7-14
28 IC 20-47-2-15
29 IC 20-47-3-13
30 IC 36-9
31 IC 36-10
32 IC 36-12-10-10.
33 (4) Make appointments or selections required of a circuit or
34 superior court judge by any other statute, if the appointment or
35 selection is not required of the court because of an action before
36 the court.
2022 IN 279—LS 6752/DI 75