Indiana 2023 Regular Session

Indiana House Bill HB1036 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1036
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5; IC 3-8; IC 3-10; IC 3-11; IC 3-12;
7	7	IC 3-13-10.5; IC 20-23; IC 20-25-3-4; IC 20-26-4; IC 33-33-53-5.
8	8	Synopsis: School board elections. Requires candidates for school
9	9	board offices to be nominated in the same manner as candidates for all
10	10	other elected offices are nominated. Repeals the current statute relating
11	11	to nomination of candidates for school board offices. Repeals other
12	12	superseded statutes. Makes conforming changes.
13	13	Effective: January 1, 2024.
14	14	Cash
15	15	January 9, 2023, read first time and referred to Committee on Elections and
16	16	Apportionment.
17	17	2023 IN 1036—LS 6473/DI 144 Introduced
18	18	First Regular Session of the 123rd General Assembly (2023)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2022 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1036
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	elections.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 3-5-2-44 IS AMENDED TO READ AS FOLLOWS
33	33	2 [EFFECTIVE JANUARY 1, 2024]: Sec. 44. (a) "School board" means
34	34	3 the fiscal governing body of a school corporation (as defined in
35	35	4 IC 20-18-2-5).
36	36	5 (b) The term includes an elected school advisory board.
37	37	6 SECTION 2. IC 3-5-2-45 IS AMENDED TO READ AS FOLLOWS
38	38	7 [EFFECTIVE JANUARY 1, 2024]: Sec. 45. (a) "School board office"
39	39	8 refers to an elected position on the school board of a school
40	40	9 corporation.
41	41	10 (b) The term includes an elected school advisory board office.
42	42	11 SECTION 3. IC 3-5-4-1.7, AS AMENDED BY P.L.257-2019,
43	43	12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44	44	13 JANUARY 1, 2024]: Sec. 1.7. (a) Except as otherwise expressly
45	45	14 authorized or required under this title, a filing by a person with a
46	46	15 commission, the election division, an election board, or a county voter
47	47	16 registration office may not be made by fax or electronic mail.
48	48	17 (b) A petition of nomination filed with a county voter registration
49	49	2023 IN 1036—LS 6473/DI 144 2
50	50	1 office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or a petition to
51	51	2 place a public question on the ballot, or any other petition filed that
52	52	3 requires the county voter registration office to certify the validity of
53	53	4 signatures, may not contain the electronic signature, digital signature,
54	54	5 digitized signature, or photocopied signature of a voter.
55	55	6 SECTION 4. IC 3-8-1-2, AS AMENDED BY P.L.278-2019,
56	56	7 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
57	57	8 JANUARY 1, 2024]: Sec. 2. (a) This section does not apply to a
58	58	9 candidate challenged under IC 3-8-8.
59	59	10 (b) The commission, a county election board, or a town election
60	60	11 board shall act if a candidate (or a person acting on behalf of a
61	61	12 candidate in accordance with state Indiana law) has filed any of the
62	62	13 following:
63	63	14 (1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
64	64	15 (2) A request for ballot placement in a presidential primary under
65	65	16 IC 3-8-3.
66	66	17 (3) A petition of nomination or candidate's consent to nomination
67	67	18 under IC 3-8-2.5 or IC 3-8-6.
68	68	19 (4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
69	69	20 IC 3-10-2-15, or IC 3-10-6-12.
70	70	21 (5) A certificate of candidate selection under IC 3-13-1 or
71	71	22 IC 3-13-2.
72	72	23 (6) A declaration of intent to be a write-in candidate under
73	73	24 IC 3-8-2-2.5.
74	74	25 (7) A contest to the denial of certification under IC 3-8-2.5 or
75	75	26 IC 3-8-6-12.
76	76	27 (c) The commission has jurisdiction to act under this section with
77	77	28 regard to any filing described in subsection (b) that was made with the
78	78	29 election division. Except for a filing under the jurisdiction of a town
79	79	30 election board, a county election board has jurisdiction to act under this
80	80	31 section with regard to any filing described in subsection (b) that was
81	81	32 made with the county election board, county voter registration office,
82	82	33 or the circuit court clerk. A town election board has jurisdiction to act
83	83	34 under this section with regard to any filing that was made with the
84	84	35 county election board, the county voter registration office, or the circuit
85	85	36 court clerk for nomination or election to a town office.
86	86	37 (d) Except as provided in subsection (f), before the commission or
87	87	38 election board acts under this section, a registered voter of the election
88	88	39 district that a candidate seeks to represent or a county chairman of a
89	89	40 major political party of a county in which any part of the election
90	90	41 district is located must file a sworn statement before a person
91	91	42 authorized to administer oaths, with the election division or election
92	92	2023 IN 1036—LS 6473/DI 144 3
93	93	1 board:
94	94	2 (1) questioning the eligibility of the candidate to seek the office;
95	95	3 and
96	96	4 (2) setting forth the facts known to the voter or county chairman
97	97	5 of a major political party of a county concerning this question.
98	98	6 (e) The eligibility of a write-in candidate or a candidate nominated
99	99	7 by a convention, petition, or primary may not be challenged under this
100	100	8 section if the commission or board determines that all of the following
101	101	9 occurred:
102	102	10 (1) The eligibility of the candidate was challenged under this
103	103	11 section before the candidate was nominated.
104	104	12 (2) The commission or board conducted a hearing on the affidavit
105	105	13 before the nomination.
106	106	14 (3) This challenge would be based on substantially the same
107	107	15 grounds as the previous challenge to the candidate.
108	108	16 (f) Before the commission or election board can consider a contest
109	109	17 to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a
110	110	18 candidate (or a person acting on behalf of a candidate in accordance
111	111	19 with state Indiana law) must file a sworn statement with the election
112	112	20 division or election board:
113	113	21 (1) stating specifically the basis for the contest; and
114	114	22 (2) setting forth the facts known to the candidate supporting the
115	115	23 basis for the contest.
116	116	24 (g) Upon the filing of a sworn statement under subsection (d) or (f),
117	117	25 the commission or election board shall determine the validity of the
118	118	26 questioned:
119	119	27 (1) declaration of candidacy;
120	120	28 (2) declaration of intent to be a write-in candidate;
121	121	29 (3) request for ballot placement under IC 3-8-3;
122	122	30 (4) petition of nomination;
123	123	31 (5) certificate of nomination;
124	124	32 (6) certificate of candidate selection issued under IC 3-13-1-15 or
125	125	33 IC 3-13-2-8; or
126	126	34 (7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
127	127	35 (h) The commission or election board shall deny a filing if the
128	128	36 commission or election board determines that the candidate has not
129	129	37 complied with the applicable requirements for the candidate set forth
130	130	38 in the Constitution of the United States, the Constitution of the State of
131	131	39 Indiana, or this title.
132	132	40 SECTION 5. IC 3-8-2-2 IS AMENDED TO READ AS FOLLOWS
133	133	41 [EFFECTIVE JANUARY 1, 2024]: Sec. 2. A person An individual
134	134	42 who desires to be nominated at a primary election as a candidate of a
135	135	2023 IN 1036—LS 6473/DI 144 4
136	136	1 political party subject to this chapter for a federal, state, legislative, or
137	137	2 local, or school board office shall file a declaration of candidacy.
138	138	3 SECTION 6. IC 3-8-2.5 IS REPEALED [EFFECTIVE JANUARY
139	139	4 1, 2024]. (Nomination for School Board Office).
140	140	5 SECTION 7. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
141	141	6 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
142	142	7 JANUARY 1, 2024]: Sec. 1. (a) This chapter applies to a candidate for
143	143	8 nomination to an elected office who:
144	144	9 (1) is an independent candidate; or
145	145	10 (2) represents a political party not qualified to nominate
146	146	11 candidates in a primary or by convention.
147	147	12 (b) This chapter does not apply to a candidate for a school board
148	148	13 office.
149	149	14 SECTION 8. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
150	150	15 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
151	151	16 JANUARY 1, 2024]: Sec. 28. (a) Except as provided in subsections (b)
152	152	17 and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
153	153	18 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
154	154	19 notice of withdrawal in writing with the public official with whom the
155	155	20 certificate of nomination was filed by noon:
156	156	21 (1) July 15 before a general or municipal election;
157	157	22 (2) August 1 before a municipal election in a town subject to
158	158	23 IC 3-8-5-10;
159	159	24 (3) on the date specified for town convention nominees under
160	160	25 IC 3-8-5-14.5;
161	161	26 (4) on the date specified for declared write-in candidates under
162	162	27 IC 3-8-2-2.7; or
163	163	28 (5) on the date specified for a school board candidate under
164	164	29 IC 3-8-2.5-4; or
165	165	30 (6) (5) forty-five (45) days before a special election.
166	166	31 (b) A candidate who is disqualified from being a candidate under
167	167	32 IC 3-8-1-5 must file a notice of withdrawal immediately upon
168	168	33 becoming disqualified. IC 3-8-8-7 and the filing requirements of
169	169	34 subsection (a) do not apply to a notice of withdrawal filed under this
170	170	35 subsection.
171	171	36 (c) A candidate who has moved from the election district the
172	172	37 candidate sought to represent must file a notice of withdrawal
173	173	38 immediately after changing the candidate's residence. IC 3-8-8-7 and
174	174	39 the filing requirements of subsection (a) do not apply to a notice of
175	175	40 withdrawal filed under this subsection.
176	176	41 SECTION 9. IC 3-8-9-5, AS AMENDED BY P.L.278-2019,
177	177	42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
178	178	2023 IN 1036—LS 6473/DI 144 5
179	179	1 JANUARY 1, 2024]: Sec. 5. An individual required to file a statement
180	180	2 under section 4 of this chapter shall file the statement as follows:
181	181	3 (1) With the individual's:
182	182	4 (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
183	183	5 (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
184	184	6 office described in IC 3-8-2-5 in a county with a separate
185	185	7 board of registration under IC 3-7-12 after certification by the
186	186	8 board of registration;
187	187	9 (C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
188	188	10 office described in IC 3-8-2-5 in a county that does not have a
189	189	11 separate board of registration under IC 3-7-12;
190	190	12 (D) petition of nomination under IC 3-8-6 for an office
191	191	13 described in IC 3-8-2-5 after certification by the county voter
192	192	14 registration office;
193	193	15 (E) certificate of nomination under IC 3-10-2-15 or
194	194	16 IC 3-10-6-12;
195	195	17 (F) statement consenting to be a replacement candidate under
196	196	18 IC 3-8-6-17;
197	197	19 (G) declaration of intent to be a write-in candidate under
198	198	20 IC 3-8-2-2.5; or
199	199	21 (H) certificate of candidate selection under IC 3-13-1 or
200	200	22 IC 3-13-2.
201	201	23 (2) When the individual assumes a vacant elected office under
202	202	24 IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-10.5-3, or
203	203	25 IC 3-13-11. or IC 20-23-4-30. A statement filed under this
204	204	26 subdivision must be filed not later than noon sixty (60) days after
205	205	27 the individual assumes the elected office.
206	206	28 SECTION 10. IC 3-10-1-4 IS AMENDED TO READ AS
207	207	29 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 4. (a) At a
208	208	30 primary election each political party subject to section 2 of this chapter
209	209	31 shall nominate its candidates for the following offices to be voted for
210	210	32 at the general election:
211	211	33 (1) United States Senator.
212	212	34 (2) Governor.
213	213	35 (3) United States Representative.
214	214	36 (4) Legislative offices.
215	215	37 (5) Local offices.
216	216	38 (6) School board offices.
217	217	39 (b) In addition, each political party subject to section 2 of this
218	218	40 chapter shall:
219	219	41 (1) vote on candidates for nomination as President of the United
220	220	42 States;
221	221	2023 IN 1036—LS 6473/DI 144 6
222	222	1 (2) elect delegates from each county to the party's state
223	223	2 convention; and
224	224	3 (3) elect a precinct committeeman for each precinct in the county
225	225	4 if precinct committeemen are to be elected under section 4.5 of
226	226	5 this chapter.
227	227	6 SECTION 11. IC 3-10-1-18, AS AMENDED BY THE
228	228	7 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
229	229	8 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
230	230	9 JANUARY 1, 2024]: Sec. 18. (a) Except as provided by subsection (b),
231	231	10 the names of all candidates for each office who have qualified under
232	232	11 IC 3-8 shall be arranged in alphabetical order by surnames under the
233	233	12 designation of the office.
234	234	13 (b) This subsection applies to a county having a population of more
235	235	14 than four hundred thousand (400,000) but and less than seven hundred
236	236	15 thousand (700,000). The names of all candidates for each office who
237	237	16 have qualified under IC 3-8, except for a school board office, precinct
238	238	17 committeeman or state convention delegate, shall be arranged in
239	239	18 random order by surnames under the designation of the office. The
240	240	19 random order shall be determined using a lottery. The lottery held in
241	241	20 accordance with this subsection shall be conducted in public by the
242	242	21 county election board. The lottery shall be held not later than fifteen
243	243	22 (15) days following the last day for a declaration of candidacy under
244	244	23 IC 3-8-2-4. All candidates whose names are to be arranged by way of
245	245	24 the lottery shall be notified at least five (5) days prior to the lottery of
246	246	25 the time and place at which the lottery is to be held. Each candidate
247	247	26 may have one (1) designated watcher, and each county political party
248	248	27 may have one (1) designated watcher who shall be allowed to observe
249	249	28 the lottery procedure.
250	250	29 (c) For paper ballots, the left margin of the ballot for each political
251	251	30 party must show the name of the uppermost candidate printed to the
252	252	31 right of the number 1, the next candidate number 2, the next candidate
253	253	32 number 3, and so on, consecutively to the end of the ballot as
254	254	33 prescribed in section 19 of this chapter. If ordered by a county election
255	255	34 board or a board of elections and registration under IC 3-11-15-13.1(b),
256	256	35 a ballot number or other candidate designation uniquely associated
257	257	36 with the candidate must be displayed on the electronic voting system
258	258	37 and printed on the ballot cards.
259	259	38 (d) This subsection applies to a county having a population of more
260	260	39 than four hundred thousand (400,000) but and less than seven hundred
261	261	40 thousand (700,000). If there is insufficient room on a row to list each
262	262	41 candidate of a political party, a second or subsequent row may be
263	263	42 utilized. However, a second or subsequent row may not be utilized
264	264	2023 IN 1036—LS 6473/DI 144 7
265	265	1 unless the first row, and all preceding rows, have been filled.
266	266	2 SECTION 12. IC 3-10-1-19, AS AMENDED BY P.L.278-2019,
267	267	3 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
268	268	4 JANUARY 1, 2024]: Sec. 19. (a) The ballot for a primary election shall
269	269	5 be printed in substantially the form described in this section for all the
270	270	6 offices for which candidates have qualified under IC 3-8.
271	271	7 (b) The following shall be printed as the heading for the ballot for
272	272	8 a political party:
273	273	9 "OFFICIAL PRIMARY BALLOT
274	274	10 _________________ Party (insert the name of the political party)".
275	275	11 (c) The following shall be printed immediately below the heading
276	276	12 required by subsection (b) or be posted in each voting booth as
277	277	13 provided in IC 3-11-2-8(b):
278	278	14 (1) For paper ballots, print: To vote for a person, make a voting
279	279	15 mark (X or U) on or in the box before the person's name in the
280	280	16 proper column.
281	281	17 (2) For optical scan ballots, print: To vote for a person, darken or
282	282	18 shade in the circle, oval, or square (or draw a line to connect the
283	283	19 arrow) that precedes the person's name in the proper column.
284	284	20 (3) For optical scan ballots that do not contain a candidate's name,
285	285	21 print: To vote for a person, darken or shade in the oval that
286	286	22 precedes the number assigned to the person's name in the proper
287	287	23 column.
288	288	24 (4) For electronic voting systems, print: To vote for a person,
289	289	25 touch the screen (or press the button) in the location indicated.
290	290	26 (d) Local public questions shall be placed on the primary election
291	291	27 ballot after the heading and the voting instructions described in
292	292	28 subsection (c) (if the instructions are printed on the ballot) and before
293	293	29 the offices described in subsection (g).
294	294	30 (e) The local public questions described in subsection (d) shall be
295	295	31 placed as follows:
296	296	32 (1) In a separate column on the ballot if voting is by paper ballot.
297	297	33 (2) After the heading and the voting instructions described in
298	298	34 subsection (c) (if the instructions are printed on the ballot) and
299	299	35 before the offices described in subsection (g), in the form
300	300	36 specified in IC 3-11-13-11 if voting is by ballot card.
301	301	37 (3) As provided by either of the following if voting is by an
302	302	38 electronic voting system:
303	303	39 (A) On a separate screen for a public question.
304	304	40 (B) After the heading and the voting instructions described in
305	305	41 subsection (c) (if the instructions are printed on the ballot) and
306	306	42 before the offices described in subsection (g), in the form
307	307	2023 IN 1036—LS 6473/DI 144 8
308	308	1 specified in IC 3-11-14-3.5.
309	309	2 (f) A public question shall be placed on the primary election ballot
310	310	3 in the following form:
311	311	4 (The explanatory text for the public question,
312	312	5 if required by law.)
313	313	6 "Shall (insert public question)?"
314	314	7 [] YES
315	315	8 [] NO
316	316	9 (g) The offices with candidates for nomination shall be placed on
317	317	10 the primary election ballot in the following order:
318	318	11 (1) Federal and state offices:
319	319	12 (A) President of the United States.
320	320	13 (B) United States Senator.
321	321	14 (C) Governor.
322	322	15 (D) United States Representative.
323	323	16 (2) Legislative offices:
324	324	17 (A) State senator.
325	325	18 (B) State representative.
326	326	19 (3) Circuit offices and county judicial offices:
327	327	20 (A) Judge of the circuit court, and unless otherwise specified
328	328	21 under IC 33, with each division separate if there is more than
329	329	22 one (1) judge of the circuit court.
330	330	23 (B) Judge of the superior court, and unless otherwise specified
331	331	24 under IC 33, with each division separate if there is more than
332	332	25 one (1) judge of the superior court.
333	333	26 (C) Judge of the probate court.
334	334	27 (D) Prosecuting attorney.
335	335	28 (E) Circuit court clerk.
336	336	29 (4) County offices:
337	337	30 (A) County auditor.
338	338	31 (B) County recorder.
339	339	32 (C) County treasurer.
340	340	33 (D) County sheriff.
341	341	34 (E) County coroner.
342	342	35 (F) County surveyor.
343	343	36 (G) County assessor.
344	344	37 (H) County commissioner.
345	345	38 (I) County council member.
346	346	39 (5) Township offices:
347	347	40 (A) Township assessor (only in a township referred to in
348	348	41 IC 36-6-5-1(d)).
349	349	42 (B) Township trustee.
350	350	2023 IN 1036—LS 6473/DI 144 9
351	351	1 (C) Township board member.
352	352	2 (D) Judge of the small claims court.
353	353	3 (E) Constable of the small claims court.
354	354	4 (6) City offices:
355	355	5 (A) Mayor.
356	356	6 (B) Clerk or clerk-treasurer.
357	357	7 (C) Judge of the city court.
358	358	8 (D) City-county council member or common council member.
359	359	9 (7) Town offices:
360	360	10 (A) Clerk-treasurer.
361	361	11 (B) Judge of the town court.
362	362	12 (C) Town council member.
363	363	13 (8) School board offices.
364	364	14 (h) The political party offices with candidates for election shall be
365	365	15 placed on the primary election ballot in the following order after the
366	366	16 offices described in subsection (g):
367	367	17 (1) Precinct committeeman.
368	368	18 (2) State convention delegate.
369	369	19 (i) The local offices to be elected at the primary election shall be
370	370	20 placed on the primary election ballot after the offices described in
371	371	21 subsection (h).
372	372	22 (j) The offices described in subsection (i) shall be placed as follows:
373	373	23 (1) In a separate column on the ballot if voting is by paper ballot.
374	374	24 (2) After the offices described in subsection (h) in the form
375	375	25 specified in IC 3-11-13-11 if voting is by ballot card.
376	376	26 (3) Either:
377	377	27 (A) on a separate screen for each office or public question; or
378	378	28 (B) after the offices described in subsection (h) in the form
379	379	29 specified in IC 3-11-14-3.5;
380	380	30 if voting is by an electronic voting system.
381	381	31 SECTION 13. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
382	382	32 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
383	383	33 JANUARY 1, 2024]: Sec. 1. A special election shall be held in the
384	384	34 following cases:
385	385	35 (1) Whenever two (2) or more candidates for a federal, state,
386	386	36 legislative, or circuit or school board office receive the highest
387	387	37 greatest and an equal number of votes for the office, except as
388	388	38 provided in Article 5, Section 5 of the Constitution of the State of
389	389	39 Indiana. or in IC 20.
390	390	40 (2) Whenever a vacancy occurs in the office of United States
391	391	41 Senator, as provided in IC 3-13-3-1.
392	392	42 (3) Whenever a vacancy occurs in the office of United States
393	393	2023 IN 1036—LS 6473/DI 144 10
394	394	1 Representative unless the vacancy occurs less than seventy-four
395	395	2 (74) days before a general election.
396	396	3 (4) Whenever a vacancy occurs in any local office the filling of
397	397	4 which is not otherwise provided by law.
398	398	5 (5) Whenever required by law for a public question.
399	399	6 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
400	400	7 recount commission under IC 3-12-11-18.
401	401	8 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
402	402	9 legislative office unless the vacancy occurs less than seventy-four
403	403	10 (74) days before a general election.
404	404	11 SECTION 14. IC 3-11-2-12, AS AMENDED BY P.L.109-2021,
405	405	12 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
406	406	13 JANUARY 1, 2024]: Sec. 12. The following offices shall be placed on
407	407	14 the general election ballot in the following order after the public
408	408	15 questions described in section 10(a) of this chapter:
409	409	16 (1) Federal and state offices:
410	410	17 (A) President and Vice President of the United States.
411	411	18 (B) United States Senator.
412	412	19 (C) Governor and lieutenant governor.
413	413	20 (D) Secretary of state.
414	414	21 (E) Auditor of state.
415	415	22 (F) Treasurer of state.
416	416	23 (G) Attorney general.
417	417	24 (H) United States Representative.
418	418	25 (2) Legislative offices:
419	419	26 (A) State senator.
420	420	27 (B) State representative.
421	421	28 (3) Circuit offices and county judicial offices:
422	422	29 (A) Judge of the circuit court, and unless otherwise specified
423	423	30 under IC 33, with each division separate if there is more than
424	424	31 one (1) judge of the circuit court.
425	425	32 (B) Judge of the superior court, and unless otherwise specified
426	426	33 under IC 33, with each division separate if there is more than
427	427	34 one (1) judge of the superior court.
428	428	35 (C) Judge of the probate court.
429	429	36 (D) Prosecuting attorney.
430	430	37 (E) Clerk of the circuit court.
431	431	38 (4) County offices:
432	432	39 (A) County auditor.
433	433	40 (B) County recorder.
434	434	41 (C) County treasurer.
435	435	42 (D) County sheriff.
436	436	2023 IN 1036—LS 6473/DI 144 11
437	437	1 (E) County coroner.
438	438	2 (F) County surveyor.
439	439	3 (G) County assessor.
440	440	4 (H) County commissioner.
441	441	5 (I) County council member.
442	442	6 (5) Township offices:
443	443	7 (A) Township assessor (only in a township referred to in
444	444	8 IC 36-6-5-1(d)).
445	445	9 (B) Township trustee.
446	446	10 (C) Township board member.
447	447	11 (D) Judge of the small claims court.
448	448	12 (E) Constable of the small claims court.
449	449	13 (6) City offices:
450	450	14 (A) Mayor.
451	451	15 (B) Clerk or clerk-treasurer.
452	452	16 (C) Judge of the city court.
453	453	17 (D) City-county council member or common council member.
454	454	18 (7) Town offices:
455	455	19 (A) Clerk-treasurer.
456	456	20 (B) Judge of the town court.
457	457	21 (C) Town council member.
458	458	22 (8) School board offices.
459	459	23 SECTION 15. IC 3-11-2-12.4, AS AMENDED BY P.L.109-2021,
460	460	24 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
461	461	25 JANUARY 1, 2024]: Sec. 12.4. (a) This section applies whenever more
462	462	26 than one (1) candidate may be elected to an office.
463	463	27 (b) The office shall be placed on the general election ballot after the
464	464	28 offices described in section 12 of this chapter. and before the offices
465	465	29 described in section 12.9 of this chapter.
466	466	30 (c) Whenever candidates are to be elected to a county council, city
467	467	31 common council, or town council that includes both an at-large
468	468	32 member and a member representing a district, the candidates seeking
469	469	33 election as an at-large member shall be placed on the ballot before
470	470	34 candidates seeking to represent a district.
471	471	35 (d) The ballot shall contain a statement reading substantially as
472	472	36 follows above the name of the first candidate: "To vote for any
473	473	37 candidate for this office, you must make a voting mark for each
474	474	38 candidate you wish to vote for. A straight party vote will not count as
475	475	39 a vote for any candidate for this office.".
476	476	40 SECTION 16. IC 3-11-2-12.9 IS REPEALED [EFFECTIVE
477	477	41 JANUARY 1, 2024]. Sec. 12.9. (a) School board offices to be elected
478	478	42 at the general election shall be placed on the general election ballot
479	479	2023 IN 1036—LS 6473/DI 144 12
480	480	1 after the offices described in section 12.4 of this chapter with each
481	481	2 candidate for the office designated as "nonpartisan".
482	482	3 (b) If the ballot contains a candidate for a school board office, the
483	483	4 ballot must also contain a statement that reads substantially as follows:
484	484	5 "To vote for a candidate for this office, make a voting mark on or in the
485	485	6 square to the left of the candidate's name.".
486	486	7 (c) Whenever candidates are to be elected to a school board office
487	487	8 that includes both an at-large member and a member representing a
488	488	9 district, the candidates seeking election as an at-large member shall be
489	489	10 placed on the ballot before candidates seeking to represent a district.
490	490	11 SECTION 17. IC 3-11-2-13, AS AMENDED BY P.L.190-2011,
491	491	12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
492	492	13 JANUARY 1, 2024]: Sec. 13. (a) The following offices shall be placed
493	493	14 on the general election ballot in the following order after the offices
494	494	15 described in section 12.9 12.4 of this chapter:
495	495	16 (1) Retention of a justice of the supreme court.
496	496	17 (2) Retention of a judge of the court of appeals.
497	497	18 (3) Retention of the judge of the tax court.
498	498	19 (b) Whenever more than one (1) justice of the supreme court is
499	499	20 subject to retention, the name of each justice must appear on the ballot
500	500	21 in alphabetical order. However, if the justice serving as chief justice is
501	501	22 subject to retention, the chief justice's name must appear first.
502	502	23 (c) Whenever more than one (1) judge of the court of appeals is
503	503	24 subject to retention, the name of each judge must appear on the ballot
504	504	25 in alphabetical order. However, if the judge serving as chief judge is
505	505	26 subject to retention, the chief judge's name must appear first.
506	506	27 (d) These offices shall be placed in a separate column on the ballot.
507	507	28 SECTION 18. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
508	508	29 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
509	509	30 JANUARY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b),
510	510	31 a ballot card voting system must permit a voter to vote:
511	511	32 (1) except at a primary election, a straight party ticket for all of
512	512	33 the candidates of one (1) political party by a single voting mark
513	513	34 on each ballot card;
514	514	35 (2) for one (1) or more candidates of each political party or
515	515	36 independent candidates, or for one (1) or more school board
516	516	37 candidates nominated by petition;
517	517	38 (3) a split ticket for the candidates of different political parties
518	518	39 and for independent candidates; or
519	519	40 (4) a straight party ticket and then split that ticket by casting
520	520	41 individual votes for candidates of another political party or
521	521	42 independent candidate.
522	522	2023 IN 1036—LS 6473/DI 144 13
523	523	1 (b) A ballot card voting system must require that a voter who wishes
524	524	2 to cast a ballot for a candidate for election to an at-large district to
525	525	3 which more than one (1) person may be elected, on a:
526	526	4 (1) county council;
527	527	5 (2) city common council;
528	528	6 (3) town council; or
529	529	7 (4) township board; or
530	530	8 (5) school board;
531	531	9 make a voting mark for each individual candidate for whom the voter
532	532	10 wishes to cast a vote. The ballot card voting system may not count any
533	533	11 straight party ticket voting mark as a vote for any candidate for an
534	534	12 office described by this subsection.
535	535	13 (c) A ballot card voting system must permit a voter to vote:
536	536	14 (1) for all candidates for presidential electors and alternate
537	537	15 presidential electors of a political party or an independent ticket
538	538	16 by making a single voting mark; and
539	539	17 (2) for or against a public question on which the voter may vote.
540	540	18 SECTION 19. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
541	541	19 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
542	542	20 JANUARY 1, 2024]: Sec. 10. (a) Except as provided in subsection (b),
543	543	21 an electronic voting system must permit a voter to vote:
544	544	22 (1) except at a primary election, a straight party ticket for all the
545	545	23 candidates of one (1) political party by touching the device of that
546	546	24 party;
547	547	25 (2) for one (1) or more candidates of each political party or
548	548	26 independent candidates, or for one (1) or more school board
549	549	27 candidates nominated by petition;
550	550	28 (3) a split ticket for the candidates of different political parties
551	551	29 and for independent candidates; or
552	552	30 (4) a straight party ticket and then split that ticket by casting
553	553	31 individual votes for candidates of another political party or
554	554	32 independent candidates.
555	555	33 (b) An electronic voting system must require that a voter who
556	556	34 wishes to cast a ballot for a candidate for election to an at-large district
557	557	35 to which more than one (1) person may be elected, on a:
558	558	36 (1) county council;
559	559	37 (2) city common council;
560	560	38 (3) town council; or
561	561	39 (4) township board; or
562	562	40 (5) school board;
563	563	41 make a voting mark for each individual candidate for whom the voter
564	564	42 wishes to cast a vote. The electronic voting system may not count any
565	565	2023 IN 1036—LS 6473/DI 144 14
566	566	1 straight party ticket voting mark as a vote for any candidate for an
567	567	2 office described by this subsection.
568	568	3 (c) An electronic voting system must permit a voter to vote:
569	569	4 (1) for as many candidates for an office as the voter may vote for,
570	570	5 but no more;
571	571	6 (2) for or against a public question on which the voter may vote,
572	572	7 but no other; and
573	573	8 (3) for all the candidates for presidential electors and alternate
574	574	9 presidential electors of a political party or an independent ticket
575	575	10 by making a single voting mark.
576	576	11 SECTION 20. IC 3-11-13-11, AS AMENDED BY P.L.193-2021,
577	577	12 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
578	578	13 JANUARY 1, 2024]: Sec. 11. (a) The ballot information, whether
579	579	14 placed on the ballot card or on the marking device, must be in the order
580	580	15 of arrangement provided for ballots under this section.
581	581	16 (b) Each county election board shall have the names of all
582	582	17 candidates for all elected offices, political party offices, and public
583	583	18 questions printed on a ballot card as provided in this chapter. The
584	584	19 county may:
585	585	20 (1) print all offices and questions on a single ballot card; and
586	586	21 (2) include a ballot variation code to ensure that the proper
587	587	22 version of a ballot is used within a precinct.
588	588	23 (c) Each type of ballot card must be of uniform size and of the same
589	589	24 quality and color of paper (except as permitted under IC 3-10-1-17).
590	590	25 (d) The nominees of a political party or an independent candidate
591	591	26 or independent ticket (described in IC 3-11-2-6) nominated by
592	592	27 petitioners shall be listed on the ballot with the name and device set
593	593	28 forth on the certification or petition. The circle containing the device
594	594	29 may be of any size that permits a voter to readily identify the device.
595	595	30 IC 3-11-2-5 applies if the certification or petition does not include a
596	596	31 name or device, or if the same device is selected by two (2) or more
597	597	32 parties or petitioners.
598	598	33 (e) The offices and public questions on the general election ballot
599	599	34 must be placed on the ballot in the order listed in IC 3-11-2-12,
600	600	35 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),
601	601	36 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
602	602	37 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
603	603	38 public questions may be listed in a continuous column either vertically
604	604	39 or horizontally and on a number of separate pages.
605	605	40 (f) The name of each office must be printed in a uniform size in bold
606	606	41 type. A statement reading substantially as follows must be placed
607	607	42 immediately below the name of the office and above the name of the
608	608	2023 IN 1036—LS 6473/DI 144 15
609	609	1 first candidate:
610	610	2 (1) "Vote for one (1) only.", if only one (1) candidate is to be
611	611	3 elected to the office.
612	612	4 (2) "Vote for not more than (insert the number of candidates to be
613	613	5 elected) candidate(s) for this office. To vote for any candidate for
614	614	6 this office, you must make a voting mark for each candidate you
615	615	7 wish to vote for. A straight party vote will not count as a vote for
616	616	8 any candidate for this office.", if more than one (1) candidate is to
617	617	9 be elected to the office.
618	618	10 (g) Below the name of the office and the statement required by
619	619	11 subsection (f), the names of the candidates for each office must be
620	620	12 grouped together in the following order:
621	621	13 (1) The major political party whose candidate received the highest
622	622	14 number of votes in the county for secretary of state at the last
623	623	15 election is listed first.
624	624	16 (2) The major political party whose candidate received the second
625	625	17 highest number of votes in the county for secretary of state is
626	626	18 listed second.
627	627	19 (3) All other political parties listed in the order that the parties'
628	628	20 candidates for secretary of state finished in the last election are
629	629	21 listed after the party listed in subdivision (2).
630	630	22 (4) If a political party did not have a candidate for secretary of
631	631	23 state in the last election or a nominee is an independent candidate
632	632	24 or independent ticket (described in IC 3-11-2-6), the party or
633	633	25 candidate is listed after the parties described in subdivisions (1),
634	634	26 (2), and (3).
635	635	27 (5) If more than one (1) political party or independent candidate
636	636	28 or ticket described in subdivision (4) qualifies to be on the ballot,
637	637	29 the parties, candidates, or tickets are listed in the order in which
638	638	30 the party filed its petition of nomination under IC 3-8-6-12.
639	639	31 (6) A space for write-in voting is placed after the candidates listed
640	640	32 in subdivisions (1) through (5), if required by law.
641	641	33 (7) The name of a write-in candidate may not be listed on the
642	642	34 ballot.
643	643	35 (h) The names of the candidates grouped in the order established by
644	644	36 subsection (g) must be printed in type with uniform capital letters and
645	645	37 have a uniform space between each name. The name of the candidate's
646	646	38 political party, or the word "Independent" if the:
647	647	39 (1) candidate; or
648	648	40 (2) ticket of candidates for:
649	649	41 (A) President and Vice President of the United States; or
650	650	42 (B) governor and lieutenant governor;
651	651	2023 IN 1036—LS 6473/DI 144 16
652	652	1 is independent, must be placed immediately below or beside the name
653	653	2 of the candidate and must be printed in a uniform size and type.
654	654	3 (i) All the candidates of the same political party for election to
655	655	4 at-large seats on the fiscal or legislative body of a political subdivision
656	656	5 must be grouped together:
657	657	6 (1) under the name of the office that the candidates are seeking;
658	658	7 (2) in the order established by subsection (g); and
659	659	8 (3) within the political party, in alphabetical order according to
660	660	9 surname.
661	661	10 A statement reading substantially as follows must be placed
662	662	11 immediately below the name of the office and above the name of the
663	663	12 first candidate: "Vote for not more than (insert the number of
664	664	13 candidates to be elected) candidate(s) of ANY party for this office.".
665	665	14 (j) Candidates for election to at-large seats on the governing body
666	666	15 of a school corporation must be grouped:
667	667	16 (1) under the name of the office that the candidates are seeking;
668	668	17 and
669	669	18 (2) in alphabetical order according to surname.
670	670	19 A statement reading substantially as follows must be placed
671	671	20 immediately below the name of the office and above the name of the
672	672	21 first candidate: "Vote for not more than (insert the number of
673	673	22 candidates to be elected) candidate(s) for this office.".
674	674	23 (k) (j) The following information must be placed at the top of the
675	675	24 ballot before the first public question is listed:
676	676	25 (1) The cautionary statement described in IC 3-11-2-7.
677	677	26 (2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
678	678	27 and IC 3-11-2-10(e).
679	679	28 (l) (k) The ballot must include a single connectable arrow, circle,
680	680	29 oval, or square, or a voting position for voting a straight party or an
681	681	30 independent ticket (described in IC 3-11-2-6) by one (1) mark as
682	682	31 required by section 14 of this chapter, and the single connectable
683	683	32 arrow, circle, oval, or square, or the voting position for casting a
684	684	33 straight party or an independent ticket ballot must be identified by:
685	685	34 (1) the name of the political party or independent ticket
686	686	35 (described in IC 3-11-2-6); and
687	687	36 (2) immediately below or beside the political party's or
688	688	37 independent ticket's name, the device of that party or ticket
689	689	38 (described in IC 3-11-2-5).
690	690	39 The name and device of each political party or independent ticket must
691	691	40 be of uniform size and type and arranged in the order established by
692	692	41 subsection (g) for listing candidates under each office. The instructions
693	693	42 described in IC 3-11-2-10(c) for voting a straight party ticket and the
694	694	2023 IN 1036—LS 6473/DI 144 17
695	695	1 statement concerning presidential electors required under IC 3-10-4-3
696	696	2 must be placed on the ballot label. The instructions for voting a straight
697	697	3 party ticket must include the statement: "If you do not wish to vote a
698	698	4 straight party ticket, do not make a mark in this section and proceed to
699	699	5 voting the ballot by office.".
700	700	6 (m) (l) A public question must be in the form described in
701	701	7 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
702	702	8 arrow, a circle, or an oval may be used instead of a square. Except as
703	703	9 expressly authorized or required by statute, a county election board
704	704	10 may not print a ballot card that contains language concerning the public
705	705	11 question other than the language authorized by a statute.
706	706	12 (n) (m) The requirements in this section:
707	707	13 (1) do not replace; and
708	708	14 (2) are in addition to;
709	709	15 any other requirements in this title that apply to optical scan ballots.
710	710	16 (o) (n) The procedure described in IC 3-11-2-16 must be used when
711	711	17 a ballot does not comply with the requirements imposed by this title or
712	712	18 contains another error or omission that might result in confusion or
713	713	19 mistakes by voters.
714	714	20 (p) (o) This subsection applies to an optical scan ballot that does not
715	715	21 list:
716	716	22 (1) the names of political parties or candidates; or
717	717	23 (2) the text of public questions;
718	718	24 on the face of the ballot. The ballot must be prepared in accordance
719	719	25 with this section, except that the ballot must include a numbered circle
720	720	26 or oval to refer to each political party, candidate, or public question.
721	721	27 SECTION 21. IC 3-11-14-3.5, AS AMENDED BY P.L.193-2021,
722	722	28 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
723	723	29 JANUARY 1, 2024]: Sec. 3.5. (a) Each county election board shall
724	724	30 have the names of all candidates for all elected offices, political party
725	725	31 offices, and public questions printed on ballot labels for use in an
726	726	32 electronic voting system as provided in this chapter.
727	727	33 (b) The county may:
728	728	34 (1) print all offices and public questions on a single ballot label;
729	729	35 and
730	730	36 (2) include a ballot variation code to ensure that the proper
731	731	37 version of a ballot label is used within a precinct.
732	732	38 (c) Each type of ballot label must be of uniform size and of the same
733	733	39 quality and color of paper (except as permitted under IC 3-10-1-17).
734	734	40 (d) The nominees of a political party or an independent candidate
735	735	41 or independent ticket (described in IC 3-11-2-6) nominated by
736	736	42 petitioners must be listed on the ballot label with the name and device
737	737	2023 IN 1036—LS 6473/DI 144 18
738	738	1 set forth on the certification or petition. The circle containing the
739	739	2 device may be of any size that permits a voter to readily identify the
740	740	3 device. IC 3-11-2-5 applies if the certification or petition does not
741	741	4 include a name or device, or if the same device is selected by two (2)
742	742	5 or more parties or petitioners.
743	743	6 (e) The ballot labels must list the offices and public questions on the
744	744	7 general election ballot in the order listed in IC 3-11-2-12,
745	745	8 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),
746	746	9 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
747	747	10 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
748	748	11 public question may have a separate screen, or the offices and public
749	749	12 questions may be listed in a continuous column either vertically or
750	750	13 horizontally.
751	751	14 (f) The name of each office must be printed in a uniform size in bold
752	752	15 type. A statement reading substantially as follows must be placed
753	753	16 immediately below the name of the office and above the name of the
754	754	17 first candidate:
755	755	18 (1) "Vote for one (1) only.", if only one (1) candidate is to be
756	756	19 elected to the office.
757	757	20 (2) "Vote for not more than (insert the number of candidates to be
758	758	21 elected) candidate(s) for this office. To vote for any candidate for
759	759	22 this office, you must make a voting mark for each candidate you
760	760	23 wish to vote for. A straight party vote will not count as a vote for
761	761	24 any candidate for this office.", if more than one (1) candidate is to
762	762	25 be elected to the office.
763	763	26 (g) Below the name of the office and the statement required by
764	764	27 subsection (f), the names of the candidates for each office must be
765	765	28 grouped together in the following order:
766	766	29 (1) The major political party whose candidate received the highest
767	767	30 number of votes in the county for secretary of state at the last
768	768	31 election is listed first.
769	769	32 (2) The major political party whose candidate received the second
770	770	33 highest number of votes in the county for secretary of state is
771	771	34 listed second.
772	772	35 (3) All other political parties listed in the order that the parties'
773	773	36 candidates for secretary of state finished in the last election are
774	774	37 listed after the party listed in subdivision (2).
775	775	38 (4) If a political party did not have a candidate for secretary of
776	776	39 state in the last election or a nominee is an independent candidate
777	777	40 or independent ticket (described in IC 3-11-2-6), the party or
778	778	41 candidate is listed after the parties described in subdivisions (1),
779	779	42 (2), and (3).
780	780	2023 IN 1036—LS 6473/DI 144 19
781	781	1 (5) If more than one (1) political party or independent candidate
782	782	2 or ticket described in subdivision (4) qualifies to be on the ballot,
783	783	3 the parties, candidates, or tickets are listed in the order in which
784	784	4 the party filed its petition of nomination under IC 3-8-6-12.
785	785	5 (6) A space for write-in voting is placed after the candidates listed
786	786	6 in subdivisions (1) through (5), if required by law. A space for
787	787	7 write-in voting for an office is not required if there are no
788	788	8 declared write-in candidates for that office. However, procedures
789	789	9 must be implemented to permit write-in voting for candidates for
790	790	10 federal offices.
791	791	11 (7) The name of a write-in candidate may not be listed on the
792	792	12 ballot.
793	793	13 (h) The names of the candidates grouped in the order established by
794	794	14 subsection (g) must be printed in type with uniform capital letters and
795	795	15 have a uniform space between each name. The name of the candidate's
796	796	16 political party, or the word "Independent", if the:
797	797	17 (1) candidate; or
798	798	18 (2) ticket of candidates for:
799	799	19 (A) President and Vice President of the United States; or
800	800	20 (B) governor and lieutenant governor;
801	801	21 is independent, must be placed immediately below or beside the name
802	802	22 of the candidate and must be printed in uniform size and type.
803	803	23 (i) All the candidates of the same political party for election to
804	804	24 at-large seats on the fiscal or legislative body of a political subdivision
805	805	25 must be grouped together:
806	806	26 (1) under the name of the office that the candidates are seeking;
807	807	27 (2) in the party order established by subsection (g); and
808	808	28 (3) within the political party, in alphabetical order according to
809	809	29 surname.
810	810	30 A statement reading substantially as follows must be placed
811	811	31 immediately below the name of the office and above the name of the
812	812	32 first candidate: "Vote for not more than (insert the number of
813	813	33 candidates to be elected) candidate(s) of ANY party for this office.".
814	814	34 (j) Candidates for election to at-large seats on the governing body
815	815	35 of a school corporation must be grouped:
816	816	36 (1) under the name of the office that the candidates are seeking;
817	817	37 and
818	818	38 (2) in alphabetical order according to surname.
819	819	39 A statement reading substantially as follows must be placed
820	820	40 immediately below the name of the office and above the name of the
821	821	41 first candidate: "Vote for not more than (insert the number of
822	822	42 candidates to be elected) candidate(s) for this office.".
823	823	2023 IN 1036—LS 6473/DI 144 20
824	824	1 (k) (j) The cautionary statement described in IC 3-11-2-7 must be
825	825	2 placed at the top or beginning of the ballot label before the first public
826	826	3 question is listed.
827	827	4 (l) (k) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
828	828	5 and IC 3-11-2-10(e) may be:
829	829	6 (1) placed on the ballot label; or
830	830	7 (2) posted in a location within the voting booth that permits the
831	831	8 voter to easily read the instructions.
832	832	9 (m) (l) Except as provided in section 14.5 of this chapter, the ballot
833	833	10 label must include a touch sensitive point or button for voting a straight
834	834	11 political party or independent ticket (described in IC 3-11-2-6) by one
835	835	12 (1) touch, and the touch sensitive point or button must be identified by:
836	836	13 (1) the name of the political party or independent ticket; and
837	837	14 (2) immediately below or beside the political party's or
838	838	15 independent ticket's name, the device of that party or ticket
839	839	16 (described in IC 3-11-2-5).
840	840	17 The name and device of each party or ticket must be of uniform size
841	841	18 and type, and arranged in the order established by subsection (g) for
842	842	19 listing candidates under each office. The instructions described in
843	843	20 IC 3-11-2-10(c) for voting a straight party ticket and the statement
844	844	21 concerning presidential electors required under IC 3-10-4-3 must be
845	845	22 placed on the ballot label. The instructions for voting a straight party
846	846	23 ticket must include the statement: "If you do not wish to vote a straight
847	847	24 party ticket, press "NEXT" (or replace "NEXT" with the term used by
848	848	25 that voting system to permit a voter to skip a ballot screen) to continue
849	849	26 voting.".
850	850	27 (n) (m) A public question must be in the form described in
851	851	28 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
852	852	29 point or button must be used instead of a square. Except as expressly
853	853	30 authorized or required by statute, a county election board may not print
854	854	31 a ballot label that contains language concerning the public question
855	855	32 other than the language authorized by a statute.
856	856	33 (o) (n) The requirements in this section:
857	857	34 (1) do not replace; and
858	858	35 (2) are in addition to;
859	859	36 any other requirements in this title that apply to ballots for electronic
860	860	37 voting systems.
861	861	38 (p) (o) The procedure described in IC 3-11-2-16 must be used when
862	862	39 a ballot label does not comply with the requirements imposed by this
863	863	40 title or contains another error or omission that might result in confusion
864	864	41 or mistakes by voters.
865	865	42 SECTION 22. IC 3-11-14-12 IS REPEALED [EFFECTIVE
866	866	2023 IN 1036—LS 6473/DI 144 21
867	867	1 JANUARY 1, 2024]. Sec. 12. In school district elections, the county
868	868	2 election board shall arrange the names of candidates in alphabetical
869	869	3 order on an electronic voting system as required by section 3.5 of this
870	870	4 chapter.
871	871	5 SECTION 23. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
872	872	6 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
873	873	7 JANUARY 1, 2024]: Sec. 7. (a) This subsection applies whenever a
874	874	8 voter:
875	875	9 (1) votes a straight party ticket; and
876	876	10 (2) votes only for one (1) or more individual candidates who are
877	877	11 all of the same political party as the straight ticket vote.
878	878	12 Except as provided in subsection (d) or (e), the straight ticket vote shall
879	879	13 be counted and the individual candidate votes may not be counted.
880	880	14 (b) This subsection applies whenever:
881	881	15 (1) a voter has voted a straight party ticket for the candidates of
882	882	16 one (1) political party;
883	883	17 (2) only one (1) person may be elected to an office; and
884	884	18 (3) the voter has voted for one (1) individual candidate for the
885	885	19 office described in subdivision (2) who is:
886	886	20 (A) a candidate of a political party other than the party for
887	887	21 which the voter voted a straight ticket; or
888	888	22 (B) an independent candidate or declared write-in candidate
889	889	23 for the office.
890	890	24 If the voter has voted for one (1) individual candidate for the office
891	891	25 described in subdivision (2), the individual candidate vote for that
892	892	26 office shall be counted, the straight party ticket vote for that office may
893	893	27 not be counted, and the straight party ticket votes for other offices on
894	894	28 the ballot shall be counted.
895	895	29 (c) This subsection applies whenever:
896	896	30 (1) a voter has voted a straight party ticket for the candidates of
897	897	31 one (1) political party; and
898	898	32 (2) the voter has voted for more individual candidates for the
899	899	33 office than the number of persons to be elected to that office.
900	900	34 The individual candidate votes for that office may not be counted, the
901	901	35 straight party ticket vote for that office may not be counted, and the
902	902	36 straight party ticket votes for other offices on the ballot shall be
903	903	37 counted.
904	904	38 (d) This subsection applies whenever:
905	905	39 (1) a voter has voted a straight party ticket for the candidates of
906	906	40 one (1) political party;
907	907	41 (2) more than one (1) person may be elected to an office; and
908	908	42 (3) the voter has voted for individual candidates for the office
909	909	2023 IN 1036—LS 6473/DI 144 22
910	910	1 described in subdivision (2) who are:
911	911	2 (A) independent candidates or declared write-in candidates;
912	912	3 (B) candidates of a political party other than the political party
913	913	4 for which the voter cast a straight party ticket under
914	914	5 subdivision (1); or
915	915	6 (C) a combination of candidates described in clauses (A) and
916	916	7 (B).
917	917	8 The individual votes cast by the voter for the office for the independent
918	918	9 candidates, declared write-in candidates, and the candidates of a
919	919	10 political party other than the political party for which the voter cast a
920	920	11 straight party ticket shall be counted unless the total number of these
921	921	12 individual votes is greater than the number of persons to be elected to
922	922	13 the office. The straight party ticket votes for the office shall not be
923	923	14 counted. The straight party ticket votes for other offices on the voter's
924	924	15 ballot shall be counted.
925	925	16 (e) This subsection applies whenever:
926	926	17 (1) a voter has voted a straight party ticket for the candidates of
927	927	18 one (1) political party;
928	928	19 (2) more than one (1) person may be elected to an office; and
929	929	20 (3) the voter has voted for individual candidates for the office
930	930	21 described in subdivision (2) who are:
931	931	22 (A) independent candidates, declared write-in candidates, or
932	932	23 candidates of a political party other than the political party for
933	933	24 which the voter cast a straight party ticket under subdivision
934	934	25 (1); and
935	935	26 (B) candidates of the same political party for which the voter
936	936	27 cast a straight party ticket under subdivision (1).
937	937	28 The individual votes cast by the voter for the office for the independent
938	938	29 candidates, the declared write-in candidates, and the candidates of a
939	939	30 political party other than the political party for which the voter cast a
940	940	31 straight party ticket, and the candidates of the political party for which
941	941	32 the voter cast a straight party ticket shall be counted unless the total
942	942	33 number of these individual votes is greater than the number of persons
943	943	34 to be elected to the office. The straight party ticket votes for the office
944	944	35 shall not be counted. The straight party ticket votes for other offices on
945	945	36 the voter's ballot shall be counted.
946	946	37 (f) If a voter votes a straight party ticket for more than one (1)
947	947	38 political party, the whole ballot is void with regard to all candidates
948	948	39 nominated by a political party, declared write-in candidates, or
949	949	40 candidates designated as independent candidates on the ballot.
950	950	41 However, the voter's vote for a school board candidate or on a public
951	951	42 question shall be counted if otherwise valid under this chapter.
952	952	2023 IN 1036—LS 6473/DI 144 23
953	953	1 (g) If a voter does not vote a straight party ticket and the number of
954	954	2 votes cast by that voter for the candidates for an office are less than or
955	955	3 equal to the number of openings for that office, the individual
956	956	4 candidates votes shall be counted.
957	957	5 (h) If a voter does not vote a straight party ticket and the number of
958	958	6 votes cast by that voter for an office exceeds the number of openings
959	959	7 for that office, none of the votes concerning that office may be counted.
960	960	8 SECTION 24. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
961	961	9 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
962	962	10 JANUARY 1, 2024]: Sec. 3. Whenever a circuit court clerk receives
963	963	11 certification that a tie vote at an election for a local office or a school
964	964	12 board office occurred, the clerk shall immediately send a written notice
965	965	13 of the tie vote to the following:
966	966	14 (1) If the tie vote occurred in an election for a local office, the
967	967	15 fiscal body of the affected political subdivision. or
968	968	16 (2) If the tie vote occurred in an election for a circuit office in a
969	969	17 circuit that includes more than one (1) county, to the fiscal body
970	970	18 of each county of the circuit.
971	971	19 (3) If the tie vote occurred in an election for a school board
972	972	20 office, the school board of the affected school corporation.
973	973	21 SECTION 25. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
974	974	22 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
975	975	23 JANUARY 1, 2024]: Sec. 4. (a) This section does not apply if a tie
976	976	24 vote occurred in an election for a school board office.
977	977	25 (a) (b) The fiscal body of a political subdivision that receives notice
978	978	26 under section 3 of this chapter shall resolve the tie vote by electing a
979	979	27 person to fill the office not later than December 31 following the
980	980	28 election at which the tie vote occurred. The fiscal body shall select one
981	981	29 (1) of the candidates who was involved in the tie vote to fill the office.
982	982	30 (b) (c) If a tie vote has occurred in an election for a circuit office in
983	983	31 a circuit that contains more than one (1) county, the fiscal bodies of the
984	984	32 counties shall meet in joint session at the county seat of the county that
985	985	33 contains the greatest percentage of population of the circuit to select
986	986	34 one (1) of the candidates who was involved in the tie vote in order to
987	987	35 fill the office in accordance with this section.
988	988	36 (c) (d) If a tie vote has occurred for the election of more than one (1)
989	989	37 at-large seat on a legislative or fiscal body, the fiscal body shall select
990	990	38 the number of individuals necessary to fill each of the at-large seats for
991	991	39 which the tie vote occurred. However, a member of a fiscal body who
992	992	40 runs for reelection and is involved in a tie vote may not cast a vote
993	993	41 under this section.
994	994	42 (d) (e) The executive of the political subdivision (other than a town)
995	995	2023 IN 1036—LS 6473/DI 144 24
996	996	1 or a school corporation) may cast the deciding vote to break a tie vote
997	997	2 in a fiscal body acting under this section. The clerk-treasurer of the
998	998	3 town may cast the deciding vote to break a tie vote in a town fiscal
999	999	4 body acting under this section. A tie vote in the fiscal body of a school
1000	1000	5 corporation under this section shall be broken under IC 20-23.
1001	1001	6 SECTION 26. IC 3-12-9-5 IS AMENDED TO READ AS
1002	1002	7 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 5. Whenever a tie
1003	1003	8 vote at an election for:
1004	1004	9 (1) a state office; or
1005	1005	10 (2) a local office; or
1006	1006	11 (3) a school board office;
1007	1007	12 occurs, the incumbent public official remains in office in accordance
1008	1008	13 with Article 15, Section 3 of the Constitution of the State of Indiana
1009	1009	14 until a successor is elected under this chapter and qualified.
1010	1010	15 SECTION 27. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
1011	1011	16 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1012	1012	17 JANUARY 1, 2024]:
1013	1013	18 Chapter 10.5. School Corporation Governing Body; Resolving
1014	1014	19 Tie Votes; Filling Vacancies
1015	1015	20 Sec. 1. As used in this chapter, "governing body" refers to either
1016	1016	21 of the following:
1017	1017	22 (1) The governing body of a school corporation.
1018	1018	23 (2) The school advisory body of a school corporation.
1019	1019	24 Sec. 2. (a) This section applies if the governing body receives
1020	1020	25 notice under IC 3-12-9-3 that a tie vote has occurred in the election
1021	1021	26 of a member of the governing body.
1022	1022	27 (b) If a tie vote occurs at an election for a member of the
1023	1023	28 governing body and one (1) of the candidates involved in the tie
1024	1024	29 vote is an incumbent member of the governing body, the incumbent
1025	1025	30 member remains in office in accordance with Article 15, Section 3
1026	1026	31 of the Constitution of the State of Indiana until a successor is
1027	1027	32 elected and qualified as provided in this section.
1028	1028	33 (c) The members of the governing body shall resolve the tie vote
1029	1029	34 by electing one (1) individual from among the candidates who was
1030	1030	35 involved in the tie vote to fill the office.
1031	1031	36 (d) If a tie vote has occurred for the election of more than one
1032	1032	37 (1) at-large seat on the governing body, the governing body shall
1033	1033	38 select the number of individuals necessary to fill each of the
1034	1034	39 at-large seats for which the tie vote occurred from among the
1035	1035	40 candidates who were involved in the tie vote.
1036	1036	41 (e) If a member of the governing body is one (1) of the
1037	1037	42 candidates involved in the tie vote, that member may not cast a
1038	1038	2023 IN 1036—LS 6473/DI 144 25
1039	1039	1 vote under this section.
1040	1040	2 (f) The governing body shall act under this section not later than
1041	1041	3 December 31 following the election at which the tie vote occurred.
1042	1042	4 Sec. 3. (a) A vacancy on the governing body in an office that was
1043	1043	5 last held by an individual elected or selected as a candidate of a
1044	1044	6 major political party of Indiana shall be filled by a caucus under
1045	1045	7 IC 3-13-11.
1046	1046	8 (b) A vacancy on the governing body in an office that was last
1047	1047	9 held by an individual elected as a candidate other than as a
1048	1048	10 candidate of a major political party of Indiana shall be filled as
1049	1049	11 provided in IC 20-26-4.
1050	1050	12 SECTION 28. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
1051	1051	13 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1052	1052	14 JANUARY 1, 2024]: Sec. 29.1. (a) This section applies to each school
1053	1053	15 corporation.
1054	1054	16 (b) If a plan provides for election of members of the governing
1055	1055	17 body, the members of the governing body shall be elected at a general
1056	1056	18 election. Each candidate must file a petition of nomination in
1057	1057	19 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
1058	1058	20 (10) registered voters residing within the boundaries of the community
1059	1059	21 school corporation. The filing must be made within the time specified
1060	1060	22 by IC 3-8-2.5-4. The following apply to the election of members of
1061	1061	23 the governing body:
1062	1062	24 (1) The plan determines whether members are elected:
1063	1063	25 (A) by all the voters of the school corporation;
1064	1064	26 (B) by all the voters of the school corporation from
1065	1065	27 residence districts; or
1066	1066	28 (C) solely by the voters of each election district established
1067	1067	29 under the plan.
1068	1068	30 (2) IC 3 governs the nomination and election of members of
1069	1069	31 the governing body. A candidate must be nominated as
1070	1070	32 provided in IC 3-8-2 or IC 3-8-6, whichever is applicable to
1071	1071	33 the particular candidate.
1072	1072	34 (c) All nominations shall be listed for each office in the form
1073	1073	35 prescribed by IC 3-11-2, but without party designation. Voting and
1074	1074	36 tabulation of votes shall be conducted in the same manner as voting
1075	1075	37 and tabulation in general elections are conducted. The precinct election
1076	1076	38 boards serving in each county shall conduct the election for members
1077	1077	39 of the governing body. If a school corporation is located in more than
1078	1078	40 one (1) county, each county election board shall print the ballots
1079	1079	41 required for voters in that county to vote for candidates for members of
1080	1080	42 the governing body.
1081	1081	2023 IN 1036—LS 6473/DI 144 26
1082	1082	1 (d) If the plan provides that the members of the governing body
1083	1083	2 shall be elected by all the voters of the community school corporation,
1084	1084	3 candidates shall be placed on the ballot in the form prescribed by
1085	1085	4 IC 3-11-2, without party designation. The candidates who receive the
1086	1086	5 most votes are elected.
1087	1087	6 (e) If the plan provides that members of the governing body are to
1088	1088	7 be elected from residence districts by all voters in the community
1089	1089	8 school corporation, nominees for the governing body shall be placed on
1090	1090	9 the ballot in the form prescribed by IC 3-11-2, by residence districts
1091	1091	10 without party designation. The ballot must state the number of
1092	1092	11 members to be voted on and the maximum number of members that
1093	1093	12 may be elected from each residence district as provided in the plan. A
1094	1094	13 ballot is not valid if more than the maximum number of members are
1095	1095	14 voted on from a board member residence district. The candidates who
1096	1096	15 receive the most votes are elected. However, if more than the
1097	1097	16 maximum number that may be elected from a residence district are
1098	1098	17 among those receiving the most votes, the candidates from the
1099	1099	18 residence districts exceeding the maximum number who receive the
1100	1100	19 fewest votes shall be eliminated in determining the candidates who are
1101	1101	20 elected.
1102	1102	21 (f) If the plan provides that members of the governing body are to
1103	1103	22 be elected from electoral districts solely by the voters of each district,
1104	1104	23 nominees residing in each electoral district shall be placed on the ballot
1105	1105	24 in the form prescribed by IC 3-11-2, without party designation. The
1106	1106	25 ballot must state the number of members to be voted on from the
1107	1107	26 electoral district. The candidates residing in the electoral district who
1108	1108	27 receive the most votes are elected.
1109	1109	28 SECTION 29. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
1110	1110	29 SECTION 102, IS AMENDED TO READ AS FOLLOWS
1111	1111	30 [EFFECTIVE JANUARY 1, 2024]: Sec. 30. (a) This section applies to
1112	1112	31 each school corporation.
1113	1113	32 (b) If a tie vote occurs among any of the candidates, the tie vote
1114	1114	33 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
1115	1115	34 (c) If after the first governing body takes office, fewer candidates
1116	1116	35 have been elected to the school board than there were members to be
1117	1117	36 elected, the governing body shall determine not later than noon
1118	1118	37 December 31 following the election which incumbent member or
1119	1119	38 members continue to hold office under Article 15, Section 3 of the
1120	1120	39 Constitution of the State of Indiana until a successor is elected and
1121	1121	40 qualified. However,
1122	1122	41 (d) If there is a vacancy on the governing body, whether the
1123	1123	42 vacating member was elected or appointed, the remaining members of
1124	1124	2023 IN 1036—LS 6473/DI 144 27
1125	1125	1 the governing body, whether or not a majority of the governing body,
1126	1126	2 shall by a majority vote fill the vacancy by appointing a person from
1127	1127	3 within the boundaries of the community school corporation to serve for
1128	1128	4 the term or balance of the term. An individual appointed under this
1129	1129	5 subsection must possess the qualifications provided for a regularly
1130	1130	6 elected or appointed governing body member filling the office. If:
1131	1131	7 (1) a tie vote occurs among the members of the governing body
1132	1132	8 under this subsection or IC 3-12-9-4; or
1133	1133	9 (2) the governing body fails to act within thirty (30) days after any
1134	1134	10 vacancy occurs;
1135	1135	11 the judge of the circuit court in the county where the majority of
1136	1136	12 registered voters of the school corporation reside shall make the
1137	1137	13 appointment. the vacancy shall be filled as provided in
1138	1138	14 IC 3-13-10.5-3.
1139	1139	15 (d) (e) A vacancy in the governing body occurs if a member ceases
1140	1140	16 to be a resident of any the community school corporation. A vacancy
1141	1141	17 does not occur when the member moves from a district of the school
1142	1142	18 corporation from which the member was elected or appointed if the
1143	1143	19 member continues to be a resident of the school corporation.
1144	1144	20 (e) (f) At the first general election in which members of the
1145	1145	21 governing body are elected:
1146	1146	22 (1) a simple majority of the candidates elected as members of the
1147	1147	23 governing body who receive the greatest number of votes shall be
1148	1148	24 elected for four (4) year terms; and
1149	1149	25 (2) the balance of the candidates elected as members of the
1150	1150	26 governing body receiving the next greatest number of votes shall
1151	1151	27 be elected for two (2) year terms.
1152	1152	28 Thereafter, all school board members shall be elected for four (4) year
1153	1153	29 terms.
1154	1154	30 (f) (g) Elected governing body members take office and assume
1155	1155	31 their duties on the date set in the school corporation's organization plan.
1156	1156	32 The date set in the organization plan for an elected member of the
1157	1157	33 governing body to take office may not be more than fourteen (14)
1158	1158	34 months after the date of the member's election. If the school
1159	1159	35 corporation's organization plan does not set a date for an elected
1160	1160	36 member of the governing body to take office, the member takes office
1161	1161	37 January 1 immediately after the member's election.
1162	1162	38 SECTION 30. IC 20-23-4-35, AS AMENDED BY P.L.169-2022,
1163	1163	39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1164	1164	40 JANUARY 1, 2024]: Sec. 35. (a) The governing body of a school
1165	1165	41 corporation may be organized under this section.
1166	1166	42 (b) The governing body consists of seven (7) members, elected as
1167	1167	2023 IN 1036—LS 6473/DI 144 28
1168	1168	1 follows:
1169	1169	2 (1) Four (4) members elected from districts, with one (1) member
1170	1170	3 serving from each election district. A member elected under this
1171	1171	4 subdivision must be:
1172	1172	5 (A) a resident of the election district from which the member
1173	1173	6 is elected; and
1174	1174	7 (B) voted upon by only the registered voters residing within
1175	1175	8 the election district and voting at a governing body election.
1176	1176	9 (2) Three (3) members, who are voted upon by all the registered
1177	1177	10 voters residing within the school corporation and voting at a
1178	1178	11 governing body election, elected under this subdivision. The
1179	1179	12 governing body shall establish three (3) residential districts as
1180	1180	13 follows:
1181	1181	14 (A) One (1) residential district must be the township that has
1182	1182	15 the greatest population within the school corporation.
1183	1183	16 (B) Two (2) residential districts must divide the remaining
1184	1184	17 area within the school corporation.
1185	1185	18 Only one (1) member who resides within a particular residential
1186	1186	19 district established under this subdivision may serve on the
1187	1187	20 governing body at a time.
1188	1188	21 (c) A member of the governing body who is:
1189	1189	22 (1) elected from an election or a residential district; or
1190	1190	23 (2) appointed to fill a vacancy from an election or a residential
1191	1191	24 district;
1192	1192	25 must reside within the boundaries of the district the member represents.
1193	1193	26 (d) A vacancy on the governing body shall be filled by the
1194	1194	27 governing body as soon as practicable after the vacancy occurs. A
1195	1195	28 member chosen by the governing body to fill a vacancy holds office for
1196	1196	29 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
1197	1197	30 (e) The members of the governing body serving at the time a plan
1198	1198	31 is amended under this section shall establish the election and
1199	1199	32 residential districts described in subsection (b).
1200	1200	33 (f) The election districts described in subsection (b)(1):
1201	1201	34 (1) shall be drawn on the basis of precinct lines;
1202	1202	35 (2) may not cross precinct lines; and
1203	1203	36 (3) as nearly as practicable, be of equal population, with the
1204	1204	37 population of the largest exceeding the population of the smallest
1205	1205	38 by not more than fifteen percent (15%).
1206	1206	39 (g) The residential districts described in subsection (b)(2) may:
1207	1207	40 (1) be drawn in any manner considered appropriate by the
1208	1208	41 governing body; and
1209	1209	42 (2) be drawn along township lines.
1210	1210	2023 IN 1036—LS 6473/DI 144 29
1211	1211	1 (h) The governing body shall certify the districts that are established
1212	1212	2 under subsections (f) and (g), amended under subsection (e), or
1213	1213	3 recertified under section 35.5 of this chapter to:
1214	1214	4 (1) the state board; and
1215	1215	5 (2) the circuit court clerk of each county in which the school
1216	1216	6 corporation is located as provided in section 35.5 of this chapter.
1217	1217	7 (i) The governing body shall designate:
1218	1218	8 (1) three (3) of the districts established under this section to be
1219	1219	9 elected at the first school board election that occurs after the
1220	1220	10 effective date of the plan; and
1221	1221	11 (2) the remaining four (4) districts to be elected at the second
1222	1222	12 school board election that occurs after the effective date of the
1223	1223	13 plan.
1224	1224	14 (j) The limitations set forth in this section are part of the plan, but
1225	1225	15 do not have to be specifically set forth in the plan. The plan must be
1226	1226	16 construed, if possible, to comply with this chapter. If a provision of the
1227	1227	17 plan or an application of the plan violates this chapter, the invalidity
1228	1228	18 does not affect the other provisions or applications of the plan that can
1229	1229	19 be given effect without the invalid provision or application. The
1230	1230	20 provisions of the plan are severable.
1231	1231	21 (k) IC 3-5-10 applies to a plan established under this section.
1232	1232	22 SECTION 31. IC 20-23-4-44, AS AMENDED BY P.L.104-2022,
1233	1233	23 SECTION 120, IS AMENDED TO READ AS FOLLOWS
1234	1234	24 [EFFECTIVE JANUARY 1, 2024]: Sec. 44. (a) This section applies
1235	1235	25 only to a school corporation with territory in a county having a
1236	1236	26 population of more than one hundred eighty-five thousand (185,000)
1237	1237	27 and less than two hundred thousand (200,000).
1238	1238	28 (b) This section applies If there is a
1239	1239	29 (1) tie vote in an election for a member of the governing body of
1240	1240	30 a school corporation, or
1241	1241	31 (2) vacancy on the governing body of a school corporation.
1242	1242	32 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1243	1243	33 (c) Notwithstanding any other law, If a tie vote occurs among any
1244	1244	34 of the candidates for the governing body or a vacancy occurs on the
1245	1245	35 governing body, the remaining members of the governing body, even
1246	1246	36 if the remaining members do not constitute a majority of the governing
1247	1247	37 body, shall by a majority vote of the remaining members:
1248	1248	38 (1) select one (1) of the candidates who shall be declared and
1249	1249	39 certified elected; or
1250	1250	40 (2) fill the vacancy by appointing an individual to fill the vacancy.
1251	1251	41 the vacancy shall be filled as provided in IC 3-13-10.5-3.
1252	1252	42 (d) An individual appointed to fill a vacancy under subsection
1253	1253	2023 IN 1036—LS 6473/DI 144 30
1254	1254	1 (c)(2):
1255	1255	2 (1) must satisfy all the qualifications required of a member of the
1256	1256	3 governing body; and
1257	1257	4 (2) shall fill the remainder of the unexpired term of the vacating
1258	1258	5 member.
1259	1259	6 (e) If a tie vote occurs among the remaining members of the
1260	1260	7 governing body or the governing body fails to act within thirty (30)
1261	1261	8 days after the election or the vacancy occurs, the fiscal body (as
1262	1262	9 defined in IC 3-5-2-25) of the township in which the greatest
1263	1263	10 percentage of population of the school district resides shall break the
1264	1264	11 tie or make the appointment. A member of the fiscal body who was a
1265	1265	12 candidate and is involved in a tie vote may not cast a vote under this
1266	1266	13 subsection.
1267	1267	14 (f) If the fiscal body of a township is required to act under this
1268	1268	15 section and a vote in the fiscal body results in a tie, the deciding vote
1269	1269	16 to break the tie vote shall be cast by the executive.
1270	1270	17 SECTION 32. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
1271	1271	18 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1272	1272	19 JANUARY 1, 2024]: Sec. 8.1. (a) The registered voters of the
1273	1273	20 metropolitan school district shall elect the members of the metropolitan
1274	1274	21 board of education at general elections held biennially, beginning with
1275	1275	22 the next general election that is held more than sixty (60) days after the
1276	1276	23 creation of the metropolitan school district as provided in this chapter.
1277	1277	24 (b) Each nominee for the board must file a petition of nomination
1278	1278	25 signed by the nominee and by ten (10) registered voters residing in the
1279	1279	26 same board member district as the nominee. The petition must be filed
1280	1280	27 in accordance with IC 3-8-2.5 with the circuit court clerk of each
1281	1281	28 county in which the metropolitan school district is located.
1282	1282	29 (c) Nominees for the board shall be listed on the general election
1283	1283	30 ballot:
1284	1284	31 (1) in the form prescribed by IC 3-11-2;
1285	1285	32 (2) by board member districts; and
1286	1286	33 (3) without party designation.
1287	1287	34 The ballot must state the number of board members to be voted on and
1288	1288	35 the maximum number of members that may be elected from each board
1289	1289	36 member district as provided under section 5 of this chapter. A ballot
1290	1290	37 that contains more votes than the maximum number allowed from a
1291	1291	38 board member district is invalid.
1292	1292	39 (d) The precinct election boards in each county serving at the
1293	1293	40 general election shall conduct the election for school board members.
1294	1294	41 (e) Voting and tabulation of votes shall be conducted in accordance
1295	1295	42 with IC 3, and the candidates who receive the most votes are elected to
1296	1296	2023 IN 1036—LS 6473/DI 144 31
1297	1297	1 the board.
1298	1298	2 (f) If there are more candidates from a particular board member
1299	1299	3 district than may be elected from the board member district under
1300	1300	4 section 5 of this chapter:
1301	1301	5 (1) the number of candidates elected is the greatest number that
1302	1302	6 may be elected from the board member district;
1303	1303	7 (2) the candidates elected are those who, among the candidates
1304	1304	8 from the board member district, receive the most votes; and
1305	1305	9 (3) the other candidates from the board member district are
1306	1306	10 eliminated.
1307	1307	11 (b) IC 3 governs the nomination and election of candidates. A
1308	1308	12 candidate must be nominated as provided in IC 3-8-2 or IC 3-8-6,
1309	1309	13 whichever is applicable to the particular candidate.
1310	1310	14 (g) (c) If there is a tie vote among the candidates for the board, the
1311	1311	15 judge of the circuit court in the county where the majority of the
1312	1312	16 registered voters of the metropolitan school district reside shall select
1313	1313	17 one (1) of the candidates who shall be declared and certified elected.
1314	1314	18 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1315	1315	19 (h) (d) If, at any time after the first board member election, A
1316	1316	20 vacancy on the board that occurs for any reason including an
1317	1317	21 insufficient number of petitions for candidates being filed, and
1318	1318	22 regardless of whether the vacating member was elected or appointed,
1319	1319	23 the remaining members of the board, whether or not a majority of the
1320	1320	24 board, shall by a majority vote fill the vacancy by:
1321	1321	25 (1) appointing a person from the board member district from
1322	1322	26 which the person who vacated the board was elected; or
1323	1323	27 (2) if the person was appointed, appointing a person from the
1324	1324	28 board member district from which the last elected predecessor of
1325	1325	29 the person was elected.
1326	1326	30 If a majority of the remaining members of the board is unable to agree
1327	1327	31 or the board fails to act within thirty (30) days after a vacancy occurs,
1328	1328	32 the judge of the circuit court in the county where the majority of
1329	1329	33 registered voters of the metropolitan school district reside shall make
1330	1330	34 the appointment. shall be filled as provided in IC 3-13-10.5-3.
1331	1331	35 (i) At a general election held on the earlier of:
1332	1332	36 (1) more than sixty (60) days after an elected board member
1333	1333	37 vacates membership on the board; or
1334	1334	38 (2) immediately before the end of the term for which the vacating
1335	1335	39 member was elected;
1336	1336	40 a successor to a board member appointed under subsection (h) shall be
1337	1337	41 elected. Unless the successor takes office at the end of the term of the
1338	1338	42 vacating member, the member shall serve only for the balance of the
1339	1339	2023 IN 1036—LS 6473/DI 144 32
1340	1340	1 vacating member's term. In an election for a successor board member
1341	1341	2 to fill a vacancy for a two (2) year balance of a term, candidates for
1342	1342	3 board membership need not file for or with reference to the vacancy.
1343	1343	4 However, as required by IC 3-11-2, candidates for at-large seats must
1344	1344	5 be distinguished on the ballot from candidates for district seats. If there
1345	1345	6 is more than one (1) at-large seat on the ballot due to this vacancy, the
1346	1346	7 elected candidate who receives the fewest votes at the election at which
1347	1347	8 the successor is elected shall serve for a two (2) year term.
1348	1348	9 (j) (e) At the first general election where members of the board are
1349	1349	10 elected under this section, the elected candidates who constitute a
1350	1350	11 simple majority of the elected candidates and who receive the most
1351	1351	12 votes shall be elected for four (4) year terms, and the other elected
1352	1352	13 candidates shall be elected for two (2) year terms.
1353	1353	14 (k) (f) Board members shall be elected for four (4) year terms after
1354	1354	15 the first election and shall take office on the date set in the school
1355	1355	16 corporation's organization plan. The date set in the organization plan
1356	1356	17 for an elected member of the governing body to take office may not be
1357	1357	18 more than fourteen (14) months after the date of the member's election.
1358	1358	19 If the school corporation's organization plan does not set a date for an
1359	1359	20 elected member of the governing body to take office, the member takes
1360	1360	21 office January 1 immediately following the member's election.
1361	1361	22 SECTION 33. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
1362	1362	23 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1363	1363	24 JANUARY 1, 2024]: Sec. 8. (a) The board members of a merged
1364	1364	25 school corporation shall be elected at the first general election
1365	1365	26 following the merged school corporation's creation, and vacancies shall
1366	1366	27 be filled in accordance with IC 20-23-4-30. IC 3-13-10.5-3.
1367	1367	28 (b) Until the first election under subsection (a), the board of trustees
1368	1368	29 of the merged school corporation consists of the members of the
1369	1369	30 governing body of a school corporation in the county.
1370	1370	31 (c) The first board of trustees shall select the name of the merged
1371	1371	32 school corporation by a majority vote. The name may be changed by
1372	1372	33 unanimous vote of the governing body of the merged school
1373	1373	34 corporation.
1374	1374	35 SECTION 34. IC 20-23-12-3, AS AMENDED BY
1375	1375	36 P.L.213-2018(ss), SECTION 16, IS AMENDED TO READ AS
1376	1376	37 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 3. (a) The
1377	1377	38 emergency manager appointed by the distressed unit appeal board
1378	1378	39 under IC 6-1.1-20.3 shall act as the governing body of the school
1379	1379	40 corporation and has the powers set forth in IC 6-1.1-20.3-8.5, including
1380	1380	41 the powers and duties of the governing body of the school corporation.
1381	1381	42 The school corporation shall also have an advisory board that consists
1382	1382	2023 IN 1036—LS 6473/DI 144 33
1383	1383	1 of seven (7) members elected as follows:
1384	1384	2 (1) On a nonpartisan basis.
1385	1385	3 (2) in a general election in the county.
1386	1386	4 The advisory board is created to provide nonbinding recommendations
1387	1387	5 to the emergency manager.
1388	1388	6 (b) Six (6) of the members shall be elected from the school districts
1389	1389	7 drawn under section 4 of this chapter. Each member:
1390	1390	8 (1) is elected from the school district in which the member
1391	1391	9 resides; and
1392	1392	10 (2) upon election and in conducting the business of the advisory
1393	1393	11 board, represents the interests of the entire school corporation.
1394	1394	12 (c) One (1) of the members elected:
1395	1395	13 (1) is the at-large member of the advisory board;
1396	1396	14 (2) may reside in any of the districts drawn under section 4 of this
1397	1397	15 chapter; and
1398	1398	16 (3) upon election and in conducting the business of the advisory
1399	1399	17 board, represents the interests of the entire school corporation.
1400	1400	18 (d) A per diem may not be paid to a member.
1401	1401	19 (e) The advisory board may hold a public meeting subject to the
1402	1402	20 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
1403	1403	21 advisory board is subject to IC 5-14-1.5 (the open door law) for these
1404	1404	22 meetings. The advisory board may hold additional meetings that are
1405	1405	23 authorized as executive sessions under IC 5-14-1.5 (the open door law)
1406	1406	24 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
1407	1407	25 public notice requirements of IC 5-14-1.5 (the open door law) for these
1408	1408	26 additional meetings. The records of the advisory board are subject to
1409	1409	27 IC 5-14-3 (access to public records).
1410	1410	28 SECTION 35. IC 20-23-12-5, AS AMENDED BY
1411	1411	29 P.L.213-2018(ss), SECTION 17, IS AMENDED TO READ AS
1412	1412	30 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 5. (a) The six (6)
1413	1413	31 members who are elected for a position on the advisory board
1414	1414	32 described under section 3(b) of this chapter are determined as follows:
1415	1415	33 (1) Each prospective candidate must file a nomination petition
1416	1416	34 with the board of elections and registration not earlier than one
1417	1417	35 hundred four (104) days and not later than noon seventy-four (74)
1418	1418	36 days before the election at which the members are to be elected
1419	1419	37 that includes the following information:
1420	1420	38 (A) The name of the prospective candidate.
1421	1421	39 (B) The district in which the prospective candidate resides.
1422	1422	40 (C) The signatures of at least one hundred (100) registered
1423	1423	41 voters residing in the school corporation.
1424	1424	42 (D) The fact that the prospective candidate is running for a
1425	1425	2023 IN 1036—LS 6473/DI 144 34
1426	1426	1 district position.
1427	1427	2 (E) A certification that the prospective candidate meets the
1428	1428	3 qualifications for candidacy imposed by this chapter. shall be
1429	1429	4 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
1430	1430	5 is applicable to the particular candidate.
1431	1431	6 (2) Only eligible voters residing in the district may vote for a
1432	1432	7 candidate.
1433	1433	8 (3) The candidate within each district who receives the greatest
1434	1434	9 number of votes in the district is elected. IC 3 governs the
1435	1435	10 nomination and election of members of the advisory board
1436	1436	11 under this subsection.
1437	1437	12 (b) The at-large member elected under section 3(c) of this chapter
1438	1438	13 is determined as follows:
1439	1439	14 (1) Each prospective candidate must file a nomination petition
1440	1440	15 with the clerk of the circuit court at least seventy-four (74) days
1441	1441	16 before the election at which the at-large member is to be elected.
1442	1442	17 The petition must include the following information:
1443	1443	18 (A) The name of the prospective candidate.
1444	1444	19 (B) The signatures of at least one hundred (100) registered
1445	1445	20 voters residing within the school corporation.
1446	1446	21 (C) The fact that the prospective candidate is running for the
1447	1447	22 at-large position on the advisory board.
1448	1448	23 (D) A certification that the prospective candidate meets the
1449	1449	24 qualifications for candidacy imposed by this chapter. shall be
1450	1450	25 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
1451	1451	26 is applicable to the candidate.
1452	1452	27 (2) Only eligible voters residing in the school corporation may
1453	1453	28 vote for a candidate.
1454	1454	29 (3) The candidate who:
1455	1455	30 (A) runs for the at-large position on the advisory board; and
1456	1456	31 (B) receives the greatest number of votes in the school
1457	1457	32 corporation;
1458	1458	33 is elected to the at-large position. IC 3 governs the nomination
1459	1459	34 and election of the member of the advisory board under this
1460	1460	35 subsection.
1461	1461	36 SECTION 36. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011,
1462	1462	37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1463	1463	38 JANUARY 1, 2024]: Sec. 2.1. (a) As used in this section, "county
1464	1464	39 election board" includes a board of elections and registration
1465	1465	40 established under IC 3-6-5.2.
1466	1466	41 (b) (a) The voters of the school corporation shall elect the members
1467	1467	42 of the governing body at a general election for a term of four (4) years.
1468	1468	2023 IN 1036—LS 6473/DI 144 35
1469	1469	1 The members shall be elected from the city at large without reference
1470	1470	2 to district.
1471	1471	3 (c) (b) Each candidate for election to the governing body must file
1472	1472	4 a petition of nomination with the county election board in each county
1473	1473	5 in which a school corporation subject to this chapter is located. The
1474	1474	6 petition of nomination must comply with IC 3-8-2.5 and the following
1475	1475	7 requirements:
1476	1476	8 (1) The petition must be signed by at least two hundred (200)
1477	1477	9 legal voters of the school corporation.
1478	1478	10 (2) Each petition may nominate only one (1) candidate.
1479	1479	11 (3) The number of petitions signed by a legal voter may not
1480	1480	12 exceed the number of school trustees to be elected. shall be
1481	1481	13 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever is
1482	1482	14 applicable to the particular candidate.
1483	1483	15 (d) (c) After all the petitions described in subsection (c) are filed
1484	1484	16 with the county election board, the board shall publish the names of
1485	1485	17 those nominated in accordance with IC 5-3-1 and shall certify the
1486	1486	18 nominations in the manner required by law. IC 3 governs the election
1487	1487	19 to the extent that it is not inconsistent with this chapter.
1488	1488	20 (e) The county election board shall prepare the ballot for the general
1489	1489	21 election at which members of the governing body are to be elected so
1490	1490	22 that the names of the candidates nominated appear on the ballot:
1491	1491	23 (1) in alphabetical order;
1492	1492	24 (2) without party designation; and
1493	1493	25 (3) in the form prescribed by IC 3-11-2.
1494	1494	26 (f) The county election board shall not publish or place on the ballot
1495	1495	27 the name of a candidate who is not eligible under this chapter for
1496	1496	28 membership on the governing body.
1497	1497	29 (g) (d) Each voter may vote for as many candidates as there are
1498	1498	30 members of the governing body to be elected.
1499	1499	31 SECTION 37. IC 20-23-14-3, AS AMENDED BY P.L.271-2013,
1500	1500	32 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1501	1501	33 JANUARY 1, 2024]: Sec. 3. (a) The governing body of the school
1502	1502	34 corporation consists of five (5) members. elected on a nonpartisan
1503	1503	35 basis.
1504	1504	36 (b) Three (3) of the members are elected from the school districts
1505	1505	37 referred to in section 4.5 of this chapter by eligible voters residing in
1506	1506	38 the school districts. Each member:
1507	1507	39 (1) is elected from the school district in which the member
1508	1508	40 resides; and
1509	1509	41 (2) upon election and in conducting the business of the governing
1510	1510	42 body, represents the interests of the entire school corporation.
1511	1511	2023 IN 1036—LS 6473/DI 144 36
1512	1512	1 (c) Two (2) of the members:
1513	1513	2 (1) are elected by eligible voters residing in the school
1514	1514	3 corporation;
1515	1515	4 (2) are at-large members of the governing body; and
1516	1516	5 (3) upon election and in conducting the business of the governing
1517	1517	6 body, represent the interests of the entire school corporation.
1518	1518	7 SECTION 38. IC 20-23-14-5, AS AMENDED BY P.L.6-2012,
1519	1519	8 SECTION 127, IS AMENDED TO READ AS FOLLOWS
1520	1520	9 [EFFECTIVE JANUARY 1, 2024]: Sec. 5. To be eligible to be a
1521	1521	10 candidate for the governing body under this chapter, the following
1522	1522	11 apply:
1523	1523	12 (1) Each prospective candidate must file a petition of nomination
1524	1524	13 with the board of elections and registration not earlier than one
1525	1525	14 hundred four (104) days and not later than noon seventy-four (74)
1526	1526	15 days before the general election at which the members are to be
1527	1527	16 elected. The petition of nomination must include the following:
1528	1528	17 (A) The name of the prospective candidate.
1529	1529	18 (B) Whether the prospective candidate is a district candidate
1530	1530	19 or an at-large candidate.
1531	1531	20 (C) A certification that the prospective candidate meets the
1532	1532	21 qualifications for candidacy imposed under this chapter.
1533	1533	22 (D) The signatures of at least one hundred (100) registered
1534	1534	23 voters residing in the school corporation. for election shall be
1535	1535	24 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
1536	1536	25 is applicable to the particular candidate.
1537	1537	26 (2) Each prospective candidate for a district position must:
1538	1538	27 (A) reside in the district; and
1539	1539	28 (B) have resided in the district for at least the three (3) years
1540	1540	29 immediately preceding the election.
1541	1541	30 (3) Each prospective candidate for an at-large position must:
1542	1542	31 (A) reside in the school corporation; and
1543	1543	32 (B) have resided in the school corporation for at least the three
1544	1544	33 (3) years immediately preceding the election.
1545	1545	34 (4) Each prospective candidate (regardless of whether the
1546	1546	35 candidate is a district candidate or an at-large candidate) must:
1547	1547	36 (A) be a registered voter;
1548	1548	37 (B) have been a registered voter for at least the three (3) years
1549	1549	38 immediately preceding the election; and
1550	1550	39 (C) be a high school graduate or have received a:
1551	1551	40 (i) high school equivalency certificate; or
1552	1552	41 (ii) state general educational development (GED) diploma
1553	1553	42 under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
1554	1554	2023 IN 1036—LS 6473/DI 144 37
1555	1555	1 (5) A prospective candidate may not:
1556	1556	2 (A) hold any other elective or appointive office; or
1557	1557	3 (B) have a pecuniary interest in any contract with the school
1558	1558	4 corporation or its governing body;
1559	1559	5 as prohibited by law.
1560	1560	6 SECTION 39. IC 20-23-15-6, AS ADDED BY P.L.1-2005,
1561	1561	7 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1562	1562	8 JANUARY 1, 2024]: Sec. 6. (a) The governing body of the school
1563	1563	9 corporation consists of seven (7) members who shall be elected
1564	1564	10 (1) on a nonpartisan basis; and
1565	1565	11 (2) in the general election held in the county.
1566	1566	12 (b) Five (5) of the members shall be elected from the school districts
1567	1567	13 in which the members reside as established under section 7 of this
1568	1568	14 chapter.
1569	1569	15 (c) Two (2) of the members shall be elected at large.
1570	1570	16 (d) Each candidate for election shall be nominated as provided
1571	1571	17 in IC 3-8-2 or IC 3-8-6, whichever is applicable to the particular
1572	1572	18 candidate.
1573	1573	19 SECTION 40. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
1574	1574	20 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1575	1575	21 JANUARY 1, 2024]: Sec. 3. (a) The governing body of the school
1576	1576	22 corporation consists of five (5) members chosen as follows:
1577	1577	23 (1) Three (3) members shall be elected by the voters of the school
1578	1578	24 corporation at a general election to be held in the county and
1579	1579	25 every four (4) years thereafter.
1580	1580	26 (2) One (1) member shall be appointed by the city executive.
1581	1581	27 (3) One (1) member shall be appointed by the city legislative
1582	1582	28 body.
1583	1583	29 (b) The members elected under subsection (a)(1) shall be elected as
1584	1584	30 follows:
1585	1585	31 (1) On a nonpartisan basis.
1586	1586	32 (2) (1) In a general election held in the county.
1587	1587	33 (3) (2) By the registered voters of the entire school corporation.
1588	1588	34 (c) The following apply to an election of members of the governing
1589	1589	35 body of the school corporation under subsection (a)(1):
1590	1590	36 (1) Each candidate must file a petition of nomination with the
1591	1591	37 circuit court clerk not earlier than one hundred four (104) days
1592	1592	38 and not later than seventy-four (74) days before the election at
1593	1593	39 which members are to be elected. The petition of nomination must
1594	1594	40 include the following information:
1595	1595	41 (A) The name of the candidate.
1596	1596	42 (B) A certification that the candidate meets the qualifications
1597	1597	2023 IN 1036—LS 6473/DI 144 38
1598	1598	1 for candidacy imposed by this chapter. for election shall be
1599	1599	2 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
1600	1600	3 is applicable to the particular candidate.
1601	1601	4 (2) Only eligible voters residing in the school corporation may
1602	1602	5 vote for a candidate seeking election.
1603	1603	6 SECTION 41. IC 20-23-17.2-3.1, AS AMENDED BY
1604	1604	7 P.L.193-2021, SECTION 106, IS AMENDED TO READ AS
1605	1605	8 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 3.1. (a) The
1606	1606	9 governing body of the school corporation consists of five (5) members,
1607	1607	10 elected as provided in this chapter.
1608	1608	11 (b) Three (3) members shall be elected as follows:
1609	1609	12 (1) From districts established as provided in section 4.1 of this
1610	1610	13 chapter.
1611	1611	14 (2) On a nonpartisan basis.
1612	1612	15 (3) (2) At the general election held in the county in 2022 and
1613	1613	16 every four (4) years thereafter.
1614	1614	17 (c) Two (2) members shall be elected as follows:
1615	1615	18 (1) At large by all the voters of the school corporation.
1616	1616	19 (2) On a nonpartisan basis.
1617	1617	20 (3) (2) At the general election held in the county in 2024 and
1618	1618	21 every four (4) years thereafter.
1619	1619	22 (d) The term of office of a member of the governing body:
1620	1620	23 (1) is four (4) years; and
1621	1621	24 (2) begins January 1 after the election of members of the
1622	1622	25 governing body.
1623	1623	26 (e) Upon assuming office and in conducting the business of the
1624	1624	27 governing body, a member shall represent the interests of the entire
1625	1625	28 school corporation.
1626	1626	29 SECTION 42. IC 20-23-17.2-5, AS AMENDED BY P.L.222-2015,
1627	1627	30 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1628	1628	31 JANUARY 1, 2024]: Sec. 5. (a) The following apply to an election of
1629	1629	32 members of the governing body of the school corporation under section
1630	1630	33 3.1(b) of this chapter:
1631	1631	34 (1) Each candidate must file a petition of nomination with the
1632	1632	35 circuit court clerk not earlier than one hundred four (104) days
1633	1633	36 and not later than seventy-four (74) days before the general
1634	1634	37 election at which members are to be elected. The petition of
1635	1635	38 nomination must include the following information:
1636	1636	39 (A) The name of the candidate.
1637	1637	40 (B) The candidate's residence address and the district in which
1638	1638	41 the candidate resides.
1639	1639	42 (C) The signatures of at least twenty (20) registered voters
1640	1640	2023 IN 1036—LS 6473/DI 144 39
1641	1641	1 residing within the school corporation district the candidate
1642	1642	2 seeks to represent.
1643	1643	3 (D) A certification that the candidate meets the qualifications
1644	1644	4 for candidacy imposed by this chapter.
1645	1645	5 (E) The school corporation district that the candidate seeks to
1646	1646	6 represent. for election shall be nominated as provided in
1647	1647	7 IC 3-8-2 or IC 3-8-6, whichever is applicable to the
1648	1648	8 particular candidate.
1649	1649	9 (2) Only eligible voters residing in the school corporation district
1650	1650	10 as provided in section 4.1 of this chapter may vote for a candidate
1651	1651	11 to represent that school corporation district.
1652	1652	12 (3) One (1) candidate shall be elected for each school corporation
1653	1653	13 district provided by section 4.1 of this chapter. The candidate
1654	1654	14 elected for a school corporation district must reside within the
1655	1655	15 boundaries of the school corporation district. The candidate
1656	1656	16 elected as the member for a particular school corporation district
1657	1657	17 is the candidate who, among all the candidates who reside within
1658	1658	18 that school corporation district, receives the greatest number of
1659	1659	19 votes from voters residing in that school corporation district.
1660	1660	20 (b) The following apply to an election of the members of the
1661	1661	21 governing body of the school corporation under section 3.1(c) of this
1662	1662	22 chapter:
1663	1663	23 (1) Each candidate must file a petition of nomination with the
1664	1664	24 circuit court clerk not earlier than one hundred four (104) days
1665	1665	25 and not later than seventy-four (74) days before the general
1666	1666	26 election at which members are to be elected. The petition of
1667	1667	27 nomination must include the following information:
1668	1668	28 (A) The name of the candidate.
1669	1669	29 (B) The candidate's residence address.
1670	1670	30 (C) The signatures of at least one hundred (100) registered
1671	1671	31 voters residing within the school corporation.
1672	1672	32 (D) A certification that the candidate meets the qualifications
1673	1673	33 for candidacy imposed by this chapter.
1674	1674	34 (E) The fact that the candidate seeks to be elected from the
1675	1675	35 school corporation at large. for election shall be nominated
1676	1676	36 as provided in IC 3-8-2 or IC 3-8-6, whichever is applicable
1677	1677	37 to the particular candidate.
1678	1678	38 (2) Only eligible voters residing in the school corporation may
1679	1679	39 vote for a candidate.
1680	1680	40 (3) Two (2) candidates shall be elected at large. The two (2)
1681	1681	41 candidates who receive the greatest number of votes among all
1682	1682	42 candidates running for an at-large seat are elected as members of
1683	1683	2023 IN 1036—LS 6473/DI 144 40
1684	1684	1 the governing body.
1685	1685	2 SECTION 43. IC 20-25-3-4, AS AMENDED BY P.L.169-2022,
1686	1686	3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1687	1687	4 JANUARY 1, 2024]: Sec. 4. (a) The board consists of seven (7)
1688	1688	5 members. A member:
1689	1689	6 (1) must be elected on a nonpartisan basis in general elections
1690	1690	7 held in the county as specified in this section; and
1691	1691	8 (2) serves a four (4) year term.
1692	1692	9 (b) Five (5) members shall be elected from the school board districts
1693	1693	10 in which the members reside, and two (2) members must be elected at
1694	1694	11 large.
1695	1695	12 (c) If a candidate runs for one (1) of the district positions on the
1696	1696	13 board, only eligible voters residing in the candidate's district may vote
1697	1697	14 for that candidate. If a person is a candidate for one (1) of the at-large
1698	1698	15 positions, eligible voters from all the districts may vote for that
1699	1699	16 candidate.
1700	1700	17 (d) If a candidate files to run for a position on the board, the
1701	1701	18 candidate must specify whether the candidate is running for a district
1702	1702	19 or an at-large position. Each candidate for election shall be
1703	1703	20 nominated as provided in IC 3-8-2 or IC 3-8-6, whichever is
1704	1704	21 applicable to the particular candidate.
1705	1705	22 (e) A candidate who runs for a district or an at-large position wins
1706	1706	23 if the candidate receives the greatest number of votes of all the
1707	1707	24 candidates for the position. IC 3 governs the nomination and election
1708	1708	25 of the members of the board under this section.
1709	1709	26 (f) Districts shall be established within the school city by the board
1710	1710	27 of school commissioners. The districts must be drawn on the basis of
1711	1711	28 precinct lines, and as nearly as practicable, of equal population with the
1712	1712	29 population of the largest district not to exceed the population of the
1713	1713	30 smallest district by more than five percent (5%). District lines must not
1714	1714	31 cross precinct lines. The board of school commissioners, with
1715	1715	32 assistance from the county election board, shall establish:
1716	1716	33 (1) balloting procedures for the election under IC 3; and
1717	1717	34 (2) other procedures required to implement this section.
1718	1718	35 (g) A member of the board serves under section 3 of this chapter.
1719	1719	36 (h) In accordance with subsection (k), a vacancy in the board shall
1720	1720	37 be filled temporarily by the board as soon as practicable after the
1721	1721	38 vacancy occurs. The member chosen by the board to fill a vacancy
1722	1722	39 holds office until the member's successor is elected and qualified. The
1723	1723	40 successor shall be elected at the next regular school board election
1724	1724	41 occurring after the date on which the vacancy occurs. The successor
1725	1725	42 fills the vacancy for the remainder of the term.
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1727	1727	1 (i) An individual elected to serve on the board begins the
1728	1728	2 individual's term on the date set in the school corporation's organization
1729	1729	3 plan. The date set in the organization plan for an elected member of the
1730	1730	4 board to take office may not be more than fourteen (14) months after
1731	1731	5 the date of the member's election. If the school corporation's
1732	1732	6 organization plan does not set a date for a member of the board to take
1733	1733	7 office, the member takes office January 1 immediately following the
1734	1734	8 individual's election.
1735	1735	9 (j) Notwithstanding any law to the contrary, each voter must cast a
1736	1736	10 vote for a school board candidate or school board candidates by voting
1737	1737	11 system or paper ballot. However, the same method used to cast votes
1738	1738	12 for all other offices for which candidates have qualified to be on the
1739	1739	13 election ballot must be used for the board offices.
1740	1740	14 (k) If a vacancy in the board exists because of the death of a
1741	1741	15 member, the remaining members of the board shall meet and select an
1742	1742	16 individual to fill the vacancy in accordance with subsection (h) after
1743	1743	17 the secretary of the board receives notice of the death under IC 5-8-6.
1744	1744	18 SECTION 44. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
1745	1745	19 SECTION 107, IS AMENDED TO READ AS FOLLOWS
1746	1746	20 [EFFECTIVE JANUARY 1, 2024]: Sec. 4. (a) This section does not
1747	1747	21 apply to:
1748	1748	22 (1) a vacancy of a member who serves on a governing body in
1749	1749	23 an ex officio capacity; or
1750	1750	24 (2) a vacancy in an appointed board member position if the
1751	1751	25 plan, resolution, or law under which the school corporation
1752	1752	26 operates specifically provides for filling vacancies by the
1753	1753	27 appointing authority.
1754	1754	28 (b) If fewer candidates have been elected to the school board than
1755	1755	29 there were members to be elected, the governing body shall determine
1756	1756	30 not later than noon December 31 following the election which
1757	1757	31 incumbent member or members continue to hold office under Article
1758	1758	32 15, Section 3 of the Constitution of the State of Indiana until a
1759	1759	33 successor is elected and qualified. However,
1760	1760	34 (c) If a vacancy in the membership of a governing body occurs for
1761	1761	35 any reason, whether the vacancy was of an elected or appointed
1762	1762	36 member, the vacancy shall be filled as follows:
1763	1763	37 (1) If the vacant office was last held by an individual elected
1764	1764	38 or selected as a candidate of a major political party of
1765	1765	39 Indiana, the vacancy shall be filled by a caucus under
1766	1766	40 IC 3-13-11.
1767	1767	41 (2) If subdivision (1) does not apply, the remaining members of
1768	1768	42 the governing body shall by majority vote fill the vacancy by
1769	1769	2023 IN 1036—LS 6473/DI 144 42
1770	1770	1 appointing a person an individual from within the boundaries of
1771	1771	2 the school corporation. with the residence and other qualifications
1772	1772	3 provided for a regularly elected or appointed board member
1773	1773	4 filling the membership, to serve for the term or the balance of the
1774	1774	5 term. However, this subsection does not apply to a vacancy:
1775	1775	6 (1) of a member who serves on a governing body in an ex officio
1776	1776	7 capacity; or
1777	1777	8 (2) a vacancy in an appointed board membership if a plan,
1778	1778	9 resolution, or law under which the school corporation operates
1779	1779	10 specifically provides for filling vacancies by the appointing
1780	1780	11 authority.
1781	1781	12 (d) An individual appointed as provided in this section:
1782	1782	13 (1) must possess the qualifications provided for a regularly
1783	1783	14 elected or appointed governing body member filling the
1784	1784	15 office; and
1785	1785	16 (2) holds office for the remainder of the unexpired term.
1786	1786	17 SECTION 45. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
1787	1787	18 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1788	1788	19 JANUARY 1, 2024]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
1789	1789	20 this section.
1790	1790	21 (b) If a vacancy in a school board office exists because of the death
1791	1791	22 of a school board member, the vacancy shall be filled in accordance
1792	1792	23 with section 4 of this chapter the remaining members of the
1793	1793	24 governing body shall meet and select an individual to fill the vacancy
1794	1794	25 after the secretary of the governing body receives notice of the death
1795	1795	26 under IC 5-8-6. and in accordance with section 4 of this chapter.
1796	1796	27 SECTION 46. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
1797	1797	28 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1798	1798	29 JANUARY 1, 2024]: Sec. 5. In accordance with rules adopted by the
1799	1799	30 judges of the court under section 6 of this chapter, the presiding judge
1800	1800	31 shall do the following:
1801	1801	32 (1) Ensure that the court operates efficiently and judicially under
1802	1802	33 rules adopted by the court.
1803	1803	34 (2) Annually submit to the fiscal body of Monroe County a budget
1804	1804	35 for the court, including amounts necessary for:
1805	1805	36 (A) the operation of the circuit's probation department;
1806	1806	37 (B) the defense of indigents; and
1807	1807	38 (C) maintaining an adequate law library.
1808	1808	39 (3) Make the appointments or selections required of a circuit or
1809	1809	40 superior court judge under the following statutes:
1810	1810	41 IC 8-4-21-2
1811	1811	42 IC 11-12-2-2
1812	1812	2023 IN 1036—LS 6473/DI 144 43
1813	1813	1 IC 16-22-2-4
1814	1814	2 IC 16-22-2-11
1815	1815	3 IC 16-22-7
1816	1816	4 IC 20-23-4
1817	1817	5 IC 20-23-7-6
1818	1818	6 IC 20-23-7-8.1
1819	1819	7 IC 20-26-7-8
1820	1820	8 IC 20-26-7-14
1821	1821	9 IC 20-47-2-15
1822	1822	10 IC 20-47-3-13
1823	1823	11 IC 36-9
1824	1824	12 IC 36-10
1825	1825	13 IC 36-12-10-10.
1826	1826	14 (4) Make appointments or selections required of a circuit or
1827	1827	15 superior court judge by any other statute, if the appointment or
1828	1828	16 selection is not required of the court because of an action before
1829	1829	17 the court.
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