Indiana 2023 Regular Session

Indiana House Bill HB1074 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. 1074
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-8-2.5; IC 3-11-2-12.9; IC 20-23;
7	7	IC 20-25-3-4.
8	8	Synopsis: School board elections. Provides that for school board
9	9	offices, each candidate's affiliation with a political party or status as an
10	10	independent candidate must be stated on a petition of nomination and
11	11	on the ballot. Specifies: (1) requirements that apply to a candidate who
12	12	claims affiliation with a major political party; and (2) a process to
13	13	challenge a candidate's statement that the candidate is affiliated with
14	14	a major political party. Makes conforming changes.
15	15	Effective: July 1, 2023.
16	16	Morrison
17	17	January 9, 2023, read first time and referred to Committee on Elections and
18	18	Apportionment.
19	19	2023 IN 1074—LS 6772/DI 144 Introduced
20	20	First Regular Session of the 123rd General Assembly (2023)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2022 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1074
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	elections.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 3-8-2.5-2.5, AS AMENDED BY P.L.169-2015,
35	35	2 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	36	3 JULY 1, 2023]: Sec. 2.5. (a) A petition of nomination for a school
37	37	4 board office must state all of the following:
38	38	5 (1) The name of each candidate as:
39	39	6 (A) the candidate wants the candidate's name to appear on the
40	40	7 ballot; and
41	41	8 (B) the candidate's name is permitted to appear on the ballot
42	42	9 under IC 3-5-7.
43	43	10 (2) The address of each candidate, including the mailing address,
44	44	11 if different from the residence address of the candidate.
45	45	12 (3) The school board office that each candidate seeks.
46	46	13 (4) That each petitioner is a qualified registered voter and desires
47	47	14 to be able to vote for the candidates listed on the petition.
48	48	15 (5) The candidate's political party affiliation or, if the
49	49	16 candidate does not identify with a political party, that the
50	50	17 candidate is an independent candidate. Unless the candidate's
51	51	2023 IN 1074—LS 6772/DI 144 2
52	52	1 political party affiliation is challenged under section 7 of this
53	53	2 chapter, the candidate's political party affiliation stated on
54	54	3 the petition shall be indicated on the ballot in the manner
55	55	4 determined by the county election board.
56	56	5 (b) The petition of nomination must be accompanied by the
57	57	6 following:
58	58	7 (1) The candidate's written consent to become a candidate.
59	59	8 (2) A statement that the candidate:
60	60	9 (A) is aware of the provisions of IC 3-9 regarding campaign
61	61	10 finance and the reporting of campaign contributions and
62	62	11 expenditures; and
63	63	12 (B) agrees to comply with the provisions of IC 3-9 referred to
64	64	13 in clause (A).
65	65	14 (3) A statement by the candidate that the candidate is aware of the
66	66	15 requirement to file a campaign finance statement of organization
67	67	16 under IC 3-9 after the first of either of the following occurs:
68	68	17 (A) The candidate receives more than five hundred dollars
69	69	18 ($500) in contributions.
70	70	19 (B) The candidate makes more than five hundred dollars
71	71	20 ($500) in expenditures.
72	72	21 (4) A statement indicating whether or not each candidate:
73	73	22 (A) has been a candidate for state, legislative, local, or school
74	74	23 board office in a previous primary, municipal, special, or
75	75	24 general election; and
76	76	25 (B) has filed all reports required by IC 3-9-5-10 for all
77	77	26 previous candidacies.
78	78	27 (5) A statement that each candidate is legally qualified to hold the
79	79	28 office that the candidate seeks, including any applicable residency
80	80	29 requirements and restrictions on service due to a criminal
81	81	30 conviction.
82	82	31 (6) Any statement of economic interests required under IC 3-8-9.
83	83	32 (7) The certification of the county chairman, if required under
84	84	33 subsection (c).
85	85	34 (c) If a candidate claims affiliation with a major political party
86	86	35 under subsection (a)(5), the candidate must have voted in the two
87	87	36 (2) most recent primary elections in Indiana held by the party with
88	88	37 which the candidate claims affiliation. The petition must provide
89	89	38 a place for the candidate to affirm the candidate's primary election
90	90	39 participation, if the candidate chooses affiliation with a major
91	91	40 political party. If the candidate did not vote in the two (2) most
92	92	41 recent primary elections in Indiana held by the party with which
93	93	42 the candidate claims affiliation, the county chairman of:
94	94	2023 IN 1074—LS 6772/DI 144 3
95	95	1 (1) the political party with which the candidate claims
96	96	2 affiliation; and
97	97	3 (2) the county in which the candidate resides;
98	98	4 must certify in writing that the candidate is a member of the
99	99	5 political party for the candidate's claimed affiliation to be valid.
100	100	6 The petition of nomination must inform candidates how political
101	101	7 party affiliation is determined under this subsection.
102	102	8 SECTION 2. IC 3-8-2.5-7, AS ADDED BY P.L.194-2013,
103	103	9 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104	104	10 JULY 1, 2023]: Sec. 7. (a) A person may not be selected as a candidate
105	105	11 by petition of nomination without giving written consent and having it
106	106	12 filed with the public official with whom certificates and petitions of
107	107	13 nomination are required to be filed.
108	108	14 (b) Each candidate nominated by petition of nomination for a school
109	109	15 board office must satisfy all statutory eligibility requirements for the
110	110	16 office for which the candidate is nominated, including the filing of
111	111	17 statements of economic interest.
112	112	18 (c) A statement questioning the validity of a petition of nomination
113	113	19 or contesting the denial of certification under section 6 of this chapter
114	114	20 must be filed with the county election board in accordance with
115	115	21 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
116	116	22 the general election. A question regarding the validity of a petition of
117	117	23 nomination or the denial of certification shall be referred to and
118	118	24 determined by the county election board not later than noon fifty-four
119	119	25 (54) days before the date of the general election.
120	120	26 (d) A statement concerning the validity of a declaration of intent to
121	121	27 be a write-in candidate for a school board office under section 4 of this
122	122	28 chapter must be filed with the county election board in accordance with
123	123	29 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
124	124	30 the general election. A question regarding the validity of a declaration
125	125	31 of intent to be a write-in candidate for a school board office shall be
126	126	32 referred to and determined by the county election board not later than
127	127	33 noon fifty-four (54) days before the date of the general election.
128	128	34 (e) If a candidate's petition states that the candidate is affiliated
129	129	35 with a major political party, that statement may be challenged
130	130	36 under this section. A challenge under this subsection succeeds only
131	131	37 if the challenger shows both of the following:
132	132	38 (1) The candidate did not vote in the two (2) most recent
133	133	39 primary elections in Indiana held by the political party with
134	134	40 which the candidate claims affiliation.
135	135	41 (2) The county chairman of:
136	136	42 (A) the political party with which the candidate claims
137	137	2023 IN 1074—LS 6772/DI 144 4
138	138	1 affiliation; and
139	139	2 (B) the county in which the candidate resides;
140	140	3 did not certify that the candidate is a member of the political
141	141	4 party with which the candidate claims affiliation. If the
142	142	5 candidate produces a copy of the certification of the county
143	143	6 chairman of the political party with which the candidate
144	144	7 claims affiliation at the time the candidate filed the petition,
145	145	8 the claim of a challenger under this subdivision is conclusively
146	146	9 rebutted.
147	147	10 (f) Unless a challenger shows under subsection (e) that a
148	148	11 candidate is not affiliated with the major political party with which
149	149	12 the candidate claims affiliation, the candidate's claimed political
150	150	13 party affiliation shall be indicated on the ballot as required by
151	151	14 section 2.5(a)(5) of this chapter.
152	152	15 (g) A candidate's claimed political party affiliation with a party
153	153	16 other than a major political party is not subject to challenge under
154	154	17 this section.
155	155	18 SECTION 3. IC 3-11-2-12.9, AS AMENDED BY P.L.109-2021,
156	156	19 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157	157	20 JULY 1, 2023]: Sec. 12.9. (a) School board offices to be elected at the
158	158	21 general election shall be placed on the general election ballot after the
159	159	22 offices described in section 12.4 of this chapter. with each candidate
160	160	23 for the office designated as "nonpartisan".
161	161	24 (b) If the ballot contains a candidate for a school board office, the
162	162	25 ballot must also contain a statement that reads substantially as follows:
163	163	26 "To vote for a candidate for this office, make a voting mark on or in the
164	164	27 square to the left of the candidate's name.".
165	165	28 (c) Whenever candidates are to be elected to a school board office
166	166	29 that includes both an at-large member and a member representing a
167	167	30 district, the candidates seeking election as an at-large member shall be
168	168	31 placed on the ballot before candidates seeking to represent a district.
169	169	32 SECTION 4. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
170	170	33 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
171	171	34 JULY 1, 2023]: Sec. 29.1. (a) This section applies to each school
172	172	35 corporation.
173	173	36 (b) If a plan provides for election of members of the governing
174	174	37 body, the members of the governing body shall be elected at a general
175	175	38 election. Each candidate must file a petition of nomination in
176	176	39 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
177	177	40 (10) registered voters residing within the boundaries of the community
178	178	41 school corporation. The filing must be made within the time specified
179	179	42 by IC 3-8-2.5-4.
180	180	2023 IN 1074—LS 6772/DI 144 5
181	181	1 (c) All nominations shall be listed for each office in the form
182	182	2 prescribed by IC 3-11-2. but without party designation. Voting and
183	183	3 tabulation of votes shall be conducted in the same manner as voting
184	184	4 and tabulation in general elections are conducted. The precinct election
185	185	5 boards serving in each county shall conduct the election for members
186	186	6 of the governing body. If a school corporation is located in more than
187	187	7 one (1) county, each county election board shall print the ballots
188	188	8 required for voters in that county to vote for candidates for members of
189	189	9 the governing body.
190	190	10 (d) If the plan provides that the members of the governing body
191	191	11 shall be elected by all the voters of the community school corporation,
192	192	12 candidates shall be placed on the ballot in the form prescribed by
193	193	13 IC 3-11-2. without party designation. The candidates who receive the
194	194	14 most votes are elected.
195	195	15 (e) If the plan provides that members of the governing body are to
196	196	16 be elected from residence districts by all voters in the community
197	197	17 school corporation, nominees for the governing body shall be placed on
198	198	18 the ballot in the form prescribed by IC 3-11-2, by residence districts.
199	199	19 without party designation. The ballot must state the number of
200	200	20 members to be voted on and the maximum number of members that
201	201	21 may be elected from each residence district as provided in the plan. A
202	202	22 ballot is not valid if more than the maximum number of members are
203	203	23 voted on from a board member residence district. The candidates who
204	204	24 receive the most votes are elected. However, if more than the
205	205	25 maximum number that may be elected from a residence district are
206	206	26 among those receiving the most votes, the candidates from the
207	207	27 residence districts exceeding the maximum number who receive the
208	208	28 fewest votes shall be eliminated in determining the candidates who are
209	209	29 elected.
210	210	30 (f) If the plan provides that members of the governing body are to
211	211	31 be elected from electoral districts solely by the voters of each district,
212	212	32 nominees residing in each electoral district shall be placed on the ballot
213	213	33 in the form prescribed by IC 3-11-2. without party designation. The
214	214	34 ballot must state the number of members to be voted on from the
215	215	35 electoral district. The candidates residing in the electoral district who
216	216	36 receive the most votes are elected.
217	217	37 SECTION 5. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
218	218	38 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
219	219	39 JULY 1, 2023]: Sec. 8.1. (a) The registered voters of the metropolitan
220	220	40 school district shall elect the members of the metropolitan board of
221	221	41 education at general elections held biennially, beginning with the next
222	222	42 general election that is held more than sixty (60) days after the creation
223	223	2023 IN 1074—LS 6772/DI 144 6
224	224	1 of the metropolitan school district as provided in this chapter.
225	225	2 (b) Each nominee for the board must file a petition of nomination
226	226	3 signed by the nominee and by ten (10) registered voters residing in the
227	227	4 same board member district as the nominee. The petition must be filed
228	228	5 in accordance with IC 3-8-2.5 with the circuit court clerk of each
229	229	6 county in which the metropolitan school district is located.
230	230	7 (c) Nominees for the board shall be listed on the general election
231	231	8 ballot:
232	232	9 (1) in the form prescribed by IC 3-11-2; and
233	233	10 (2) by board member districts. and
234	234	11 (3) without party designation.
235	235	12 The ballot must state the number of board members to be voted on and
236	236	13 the maximum number of members that may be elected from each board
237	237	14 member district as provided under section 5 of this chapter. A ballot
238	238	15 that contains more votes than the maximum number allowed from a
239	239	16 board member district is invalid.
240	240	17 (d) The precinct election boards in each county serving at the
241	241	18 general election shall conduct the election for school board members.
242	242	19 (e) Voting and tabulation of votes shall be conducted in accordance
243	243	20 with IC 3, and the candidates who receive the most votes are elected to
244	244	21 the board.
245	245	22 (f) If there are more candidates from a particular board member
246	246	23 district than may be elected from the board member district under
247	247	24 section 5 of this chapter:
248	248	25 (1) the number of candidates elected is the greatest number that
249	249	26 may be elected from the board member district;
250	250	27 (2) the candidates elected are those who, among the candidates
251	251	28 from the board member district, receive the most votes; and
252	252	29 (3) the other candidates from the board member district are
253	253	30 eliminated.
254	254	31 (g) If there is a tie vote among the candidates for the board, the
255	255	32 judge of the circuit court in the county where the majority of the
256	256	33 registered voters of the metropolitan school district reside shall select
257	257	34 one (1) of the candidates who shall be declared and certified elected.
258	258	35 (h) If, at any time after the first board member election, a vacancy
259	259	36 on the board occurs for any reason, including an insufficient number of
260	260	37 petitions for candidates being filed, and regardless of whether the
261	261	38 vacating member was elected or appointed, the remaining members of
262	262	39 the board, whether or not a majority of the board, shall by a majority
263	263	40 vote fill the vacancy by:
264	264	41 (1) appointing a person from the board member district from
265	265	42 which the person who vacated the board was elected; or
266	266	2023 IN 1074—LS 6772/DI 144 7
267	267	1 (2) if the person was appointed, appointing a person from the
268	268	2 board member district from which the last elected predecessor of
269	269	3 the person was elected.
270	270	4 If a majority of the remaining members of the board is unable to agree
271	271	5 or the board fails to act within thirty (30) days after a vacancy occurs,
272	272	6 the judge of the circuit court in the county where the majority of
273	273	7 registered voters of the metropolitan school district reside shall make
274	274	8 the appointment.
275	275	9 (i) At a general election held on the earlier of:
276	276	10 (1) more than sixty (60) days after an elected board member
277	277	11 vacates membership on the board; or
278	278	12 (2) immediately before the end of the term for which the vacating
279	279	13 member was elected;
280	280	14 a successor to a board member appointed under subsection (h) shall be
281	281	15 elected. Unless the successor takes office at the end of the term of the
282	282	16 vacating member, the member shall serve only for the balance of the
283	283	17 vacating member's term. In an election for a successor board member
284	284	18 to fill a vacancy for a two (2) year balance of a term, candidates for
285	285	19 board membership need not file for or with reference to the vacancy.
286	286	20 However, as required by IC 3-11-2, candidates for at-large seats must
287	287	21 be distinguished on the ballot from candidates for district seats. If there
288	288	22 is more than one (1) at-large seat on the ballot due to this vacancy, the
289	289	23 elected candidate who receives the fewest votes at the election at which
290	290	24 the successor is elected shall serve for a two (2) year term.
291	291	25 (j) At the first general election where members of the board are
292	292	26 elected under this section, the elected candidates who constitute a
293	293	27 simple majority of the elected candidates and who receive the most
294	294	28 votes shall be elected for four (4) year terms, and the other elected
295	295	29 candidates shall be elected for two (2) year terms.
296	296	30 (k) Board members shall be elected for four (4) year terms after the
297	297	31 first election and shall take office on the date set in the school
298	298	32 corporation's organization plan. The date set in the organization plan
299	299	33 for an elected member of the governing body to take office may not be
300	300	34 more than fourteen (14) months after the date of the member's election.
301	301	35 If the school corporation's organization plan does not set a date for an
302	302	36 elected member of the governing body to take office, the member takes
303	303	37 office January 1 immediately following the member's election.
304	304	38 SECTION 6. IC 20-23-12-3, AS AMENDED BY P.L.213-2018(ss),
305	305	39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
306	306	40 JULY 1, 2023]: Sec. 3. (a) The emergency manager appointed by the
307	307	41 distressed unit appeal board under IC 6-1.1-20.3 shall act as the
308	308	42 governing body of the school corporation and has the powers set forth
309	309	2023 IN 1074—LS 6772/DI 144 8
310	310	1 in IC 6-1.1-20.3-8.5, including the powers and duties of the governing
311	311	2 body of the school corporation. The school corporation shall also have
312	312	3 an advisory board that consists of seven (7) members elected as
313	313	4 follows:
314	314	5 (1) On a nonpartisan basis.
315	315	6 (2) in a general election in the county.
316	316	7 The advisory board is created to provide nonbinding recommendations
317	317	8 to the emergency manager.
318	318	9 (b) Six (6) of the members shall be elected from the school districts
319	319	10 drawn under section 4 of this chapter. Each member:
320	320	11 (1) is elected from the school district in which the member
321	321	12 resides; and
322	322	13 (2) upon election and in conducting the business of the advisory
323	323	14 board, represents the interests of the entire school corporation.
324	324	15 (c) One (1) of the members elected:
325	325	16 (1) is the at-large member of the advisory board;
326	326	17 (2) may reside in any of the districts drawn under section 4 of this
327	327	18 chapter; and
328	328	19 (3) upon election and in conducting the business of the advisory
329	329	20 board, represents the interests of the entire school corporation.
330	330	21 (d) A per diem may not be paid to a member.
331	331	22 (e) The advisory board may hold a public meeting subject to the
332	332	23 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
333	333	24 advisory board is subject to IC 5-14-1.5 (the open door law) for these
334	334	25 meetings. The advisory board may hold additional meetings that are
335	335	26 authorized as executive sessions under IC 5-14-1.5 (the open door law)
336	336	27 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
337	337	28 public notice requirements of IC 5-14-1.5 (the open door law) for these
338	338	29 additional meetings. The records of the advisory board are subject to
339	339	30 IC 5-14-3 (access to public records).
340	340	31 SECTION 7. IC 20-23-12-5, AS AMENDED BY P.L.213-2018(ss),
341	341	32 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
342	342	33 JULY 1, 2023]: Sec. 5. (a) The six (6) members who are elected for a
343	343	34 position on the advisory board described under section 3(b) of this
344	344	35 chapter are determined as follows:
345	345	36 (1) Each prospective candidate must file a nomination petition
346	346	37 with the board of elections and registration not earlier than one
347	347	38 hundred four (104) days and not later than noon seventy-four (74)
348	348	39 days before the election at which the members are to be elected
349	349	40 that includes the following information:
350	350	41 (A) The name of the prospective candidate.
351	351	42 (B) The district in which the prospective candidate resides.
352	352	2023 IN 1074—LS 6772/DI 144 9
353	353	1 (C) The signatures of at least one hundred (100) registered
354	354	2 voters residing in the school corporation.
355	355	3 (D) The fact that the prospective candidate is running for a
356	356	4 district position.
357	357	5 (E) A certification that the prospective candidate meets the
358	358	6 qualifications for candidacy imposed by this chapter.
359	359	7 (2) Only eligible voters residing in the district may vote for a
360	360	8 candidate.
361	361	9 (3) The candidate within each district who receives the greatest
362	362	10 number of votes in the district is elected.
363	363	11 (b) The at-large member elected under section 3(c) of this chapter
364	364	12 is determined as follows:
365	365	13 (1) Each prospective candidate must file a nomination petition
366	366	14 with the clerk of the circuit court at least seventy-four (74) days
367	367	15 before the election at which the at-large member is to be elected.
368	368	16 The petition must include the following information:
369	369	17 (A) The name of the prospective candidate.
370	370	18 (B) The signatures of at least one hundred (100) registered
371	371	19 voters residing within the school corporation.
372	372	20 (C) The fact that the prospective candidate is running for the
373	373	21 at-large position on the advisory board.
374	374	22 (D) A certification that the prospective candidate meets the
375	375	23 qualifications for candidacy imposed by this chapter.
376	376	24 (2) Only eligible voters residing in the school corporation may
377	377	25 vote for a candidate.
378	378	26 (3) The candidate who:
379	379	27 (A) runs for the at-large position on the advisory board; and
380	380	28 (B) receives the greatest number of votes in the school
381	381	29 corporation;
382	382	30 is elected to the at-large position.
383	383	31 (c) IC 3-8-2.5-2.5(a)(5) applies to a prospective candidate
384	384	32 described in this section.
385	385	33 SECTION 8. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011,
386	386	34 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
387	387	35 JULY 1, 2023]: Sec. 2.1. (a) As used in this section, "county election
388	388	36 board" includes a board of elections and registration established under
389	389	37 IC 3-6-5.2.
390	390	38 (b) The voters of the school corporation shall elect the members of
391	391	39 the governing body at a general election for a term of four (4) years.
392	392	40 The members shall be elected from the city at large without reference
393	393	41 to district.
394	394	42 (c) Each candidate for election to the governing body must file a
395	395	2023 IN 1074—LS 6772/DI 144 10
396	396	1 petition of nomination with the county election board in each county in
397	397	2 which a school corporation subject to this chapter is located. The
398	398	3 petition of nomination must comply with IC 3-8-2.5 and the following
399	399	4 requirements:
400	400	5 (1) The petition must be signed by at least two hundred (200)
401	401	6 legal voters of the school corporation.
402	402	7 (2) Each petition may nominate only one (1) candidate.
403	403	8 (3) The number of petitions signed by a legal voter may not
404	404	9 exceed the number of school trustees to be elected.
405	405	10 (d) After all the petitions described in subsection (c) are filed with
406	406	11 the county election board, the board shall publish the names of those
407	407	12 nominated in accordance with IC 5-3-1 and shall certify the
408	408	13 nominations in the manner required by law. IC 3 governs the election
409	409	14 to the extent that it is not inconsistent with this chapter.
410	410	15 (e) The county election board shall prepare the ballot for the general
411	411	16 election at which members of the governing body are to be elected so
412	412	17 that the names of the candidates nominated appear on the ballot:
413	413	18 (1) in alphabetical order; and
414	414	19 (2) without party designation; and
415	415	20 (3) (2) in the form prescribed by IC 3-11-2.
416	416	21 (f) The county election board shall not publish or place on the ballot
417	417	22 the name of a candidate who is not eligible under this chapter for
418	418	23 membership on the governing body.
419	419	24 (g) Each voter may vote for as many candidates as there are
420	420	25 members of the governing body to be elected.
421	421	26 SECTION 9. IC 20-23-14-3, AS AMENDED BY P.L.271-2013,
422	422	27 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
423	423	28 JULY 1, 2023]: Sec. 3. (a) The governing body of the school
424	424	29 corporation consists of five (5) members. elected on a nonpartisan
425	425	30 basis.
426	426	31 (b) Three (3) of the members are elected from the school districts
427	427	32 referred to in section 4.5 of this chapter by eligible voters residing in
428	428	33 the school districts. Each member:
429	429	34 (1) is elected from the school district in which the member
430	430	35 resides; and
431	431	36 (2) upon election and in conducting the business of the governing
432	432	37 body, represents the interests of the entire school corporation.
433	433	38 (c) Two (2) of the members:
434	434	39 (1) are elected by eligible voters residing in the school
435	435	40 corporation;
436	436	41 (2) are at-large members of the governing body; and
437	437	42 (3) upon election and in conducting the business of the governing
438	438	2023 IN 1074—LS 6772/DI 144 11
439	439	1 body, represent the interests of the entire school corporation.
440	440	2 SECTION 10. IC 20-23-14-5, AS AMENDED BY P.L.6-2012,
441	441	3 SECTION 127, IS AMENDED TO READ AS FOLLOWS
442	442	4 [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) To be eligible to be a
443	443	5 candidate for the governing body under this chapter, the following
444	444	6 apply:
445	445	7 (1) Each prospective candidate must file a petition of nomination
446	446	8 with the board of elections and registration not earlier than one
447	447	9 hundred four (104) days and not later than noon seventy-four (74)
448	448	10 days before the general election at which the members are to be
449	449	11 elected. The petition of nomination must include the following:
450	450	12 (A) The name of the prospective candidate.
451	451	13 (B) Whether the prospective candidate is a district candidate
452	452	14 or an at-large candidate.
453	453	15 (C) A certification that the prospective candidate meets the
454	454	16 qualifications for candidacy imposed under this chapter.
455	455	17 (D) The signatures of at least one hundred (100) registered
456	456	18 voters residing in the school corporation.
457	457	19 (2) Each prospective candidate for a district position must:
458	458	20 (A) reside in the district; and
459	459	21 (B) have resided in the district for at least the three (3) years
460	460	22 immediately preceding the election.
461	461	23 (3) Each prospective candidate for an at-large position must:
462	462	24 (A) reside in the school corporation; and
463	463	25 (B) have resided in the school corporation for at least the three
464	464	26 (3) years immediately preceding the election.
465	465	27 (4) Each prospective candidate (regardless of whether the
466	466	28 candidate is a district candidate or an at-large candidate) must:
467	467	29 (A) be a registered voter;
468	468	30 (B) have been a registered voter for at least the three (3) years
469	469	31 immediately preceding the election; and
470	470	32 (C) be a high school graduate or have received a:
471	471	33 (i) high school equivalency certificate; or
472	472	34 (ii) state general educational development (GED) diploma
473	473	35 under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
474	474	36 (5) A prospective candidate may not:
475	475	37 (A) hold any other elective or appointive office; or
476	476	38 (B) have a pecuniary interest in any contract with the school
477	477	39 corporation or its governing body;
478	478	40 as prohibited by law.
479	479	41 (b) IC 3-8-2.5-2.5(a)(5) applies to a prospective candidate
480	480	42 described in this section.
481	481	2023 IN 1074—LS 6772/DI 144 12
482	482	1 SECTION 11. IC 20-23-15-6, AS ADDED BY P.L.1-2005,
483	483	2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
484	484	3 JULY 1, 2023]: Sec. 6. (a) The governing body of the school
485	485	4 corporation consists of seven (7) members who shall be elected
486	486	5 (1) on a nonpartisan basis; and
487	487	6 (2) in the general election held in the county.
488	488	7 (b) Five (5) of the members shall be elected from the school districts
489	489	8 in which the members reside as established under section 7 of this
490	490	9 chapter.
491	491	10 (c) Two (2) of the members shall be elected at large.
492	492	11 SECTION 12. IC 20-23-15-8, AS AMENDED BY P.L.1-2006,
493	493	12 SECTION 320, IS AMENDED TO READ AS FOLLOWS
494	494	13 [EFFECTIVE JULY 1, 2023]: Sec. 8. If a candidate runs for one (1) of
495	495	14 the district positions on the governing body, as provided under section
496	496	15 6(b) of this chapter, the following apply:
497	497	16 (1) An individual who runs for one (1) of the district positions on
498	498	17 the governing body must reside within that district.
499	499	18 (2) Upon filing an intention to run under this chapter, the
500	500	19 candidate must specify that the candidate is running for a district
501	501	20 position.
502	502	21 (3) IC 3-8-2.5-2.5(a)(5) applies to the candidate.
503	503	22 (3) (4) Only eligible voters residing in the candidate's district may
504	504	23 vote for the candidate.
505	505	24 (4) (5) The candidate who receives the greatest number of votes
506	506	25 of all candidates for the position wins.
507	507	26 SECTION 13. IC 20-23-15-9, AS ADDED BY P.L.1-2005,
508	508	27 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
509	509	28 JULY 1, 2023]: Sec. 9. If a candidate runs for one (1) of the at-large
510	510	29 positions on the governing body, as provided under section 6(c) of this
511	511	30 chapter, the following apply:
512	512	31 (1) An individual who runs for one (1) of the at-large positions on
513	513	32 the governing body must reside within the boundaries of the
514	514	33 school corporation.
515	515	34 (2) Upon filing an intention to run under this chapter, the
516	516	35 candidate must specify that the candidate is running for an
517	517	36 at-large position.
518	518	37 (3) IC 3-8-2.5-2.5(a)(5) applies to the candidate.
519	519	38 (3) (4) Eligible voters from all districts may vote for the
520	520	39 candidate.
521	521	40 (4) (5) The two (2) candidates who receive the greatest number of
522	522	41 votes win.
523	523	42 SECTION 14. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
524	524	2023 IN 1074—LS 6772/DI 144 13
525	525	1 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
526	526	2 JULY 1, 2023]: Sec. 3. (a) The governing body of the school
527	527	3 corporation consists of five (5) members chosen as follows:
528	528	4 (1) Three (3) members shall be elected by the voters of the school
529	529	5 corporation at a general election to be held in the county and
530	530	6 every four (4) years thereafter.
531	531	7 (2) One (1) member shall be appointed by the city executive.
532	532	8 (3) One (1) member shall be appointed by the city legislative
533	533	9 body.
534	534	10 (b) The members elected under subsection (a)(1) shall be elected as
535	535	11 follows:
536	536	12 (1) On a nonpartisan basis.
537	537	13 (2) (1) In a general election held in the county.
538	538	14 (3) (2) By the registered voters of the entire school corporation.
539	539	15 (c) The following apply to an election of members of the governing
540	540	16 body of the school corporation under subsection (a)(1):
541	541	17 (1) Each candidate must file a petition of nomination with the
542	542	18 circuit court clerk not earlier than one hundred four (104) days
543	543	19 and not later than seventy-four (74) days before the election at
544	544	20 which members are to be elected. The petition of nomination must
545	545	21 include the following information:
546	546	22 (A) The name of the candidate.
547	547	23 (B) A certification that the candidate meets the qualifications
548	548	24 for candidacy imposed by this chapter.
549	549	25 (2) IC 3-8-2.5-2.5(a)(5) applies to the candidate.
550	550	26 (2) (3) Only eligible voters residing in the school corporation may
551	551	27 vote for a candidate seeking election.
552	552	28 SECTION 15. IC 20-23-17.2-3.1, AS AMENDED BY
553	553	29 P.L.193-2021, SECTION 106, IS AMENDED TO READ AS
554	554	30 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3.1. (a) The governing
555	555	31 body of the school corporation consists of five (5) members, elected as
556	556	32 provided in this chapter.
557	557	33 (b) Three (3) members shall be elected as follows:
558	558	34 (1) From districts established as provided in section 4.1 of this
559	559	35 chapter.
560	560	36 (2) On a nonpartisan basis.
561	561	37 (3) (2) At the general election held in the county in 2022 and
562	562	38 every four (4) years thereafter.
563	563	39 (c) Two (2) members shall be elected as follows:
564	564	40 (1) At large by all the voters of the school corporation.
565	565	41 (2) On a nonpartisan basis.
566	566	42 (3) (2) At the general election held in the county in 2024 and
567	567	2023 IN 1074—LS 6772/DI 144 14
568	568	1 every four (4) years thereafter.
569	569	2 (d) The term of office of a member of the governing body:
570	570	3 (1) is four (4) years; and
571	571	4 (2) begins January 1 after the election of members of the
572	572	5 governing body.
573	573	6 (e) Upon assuming office and in conducting the business of the
574	574	7 governing body, a member shall represent the interests of the entire
575	575	8 school corporation.
576	576	9 SECTION 16. IC 20-23-17.2-5, AS AMENDED BY P.L.222-2015,
577	577	10 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
578	578	11 JULY 1, 2023]: Sec. 5. (a) The following apply to an election of
579	579	12 members of the governing body of the school corporation under section
580	580	13 3.1(b) of this chapter:
581	581	14 (1) Each candidate must file a petition of nomination with the
582	582	15 circuit court clerk not earlier than one hundred four (104) days
583	583	16 and not later than seventy-four (74) days before the general
584	584	17 election at which members are to be elected. The petition of
585	585	18 nomination must include the following information:
586	586	19 (A) The name of the candidate.
587	587	20 (B) The candidate's residence address and the district in which
588	588	21 the candidate resides.
589	589	22 (C) The signatures of at least twenty (20) registered voters
590	590	23 residing within the school corporation district the candidate
591	591	24 seeks to represent.
592	592	25 (D) A certification that the candidate meets the qualifications
593	593	26 for candidacy imposed by this chapter.
594	594	27 (E) The school corporation district that the candidate seeks to
595	595	28 represent.
596	596	29 (2) Only eligible voters residing in the school corporation district
597	597	30 as provided in section 4.1 of this chapter may vote for a candidate
598	598	31 to represent that school corporation district.
599	599	32 (3) One (1) candidate shall be elected for each school corporation
600	600	33 district provided by section 4.1 of this chapter. The candidate
601	601	34 elected for a school corporation district must reside within the
602	602	35 boundaries of the school corporation district. The candidate
603	603	36 elected as the member for a particular school corporation district
604	604	37 is the candidate who, among all the candidates who reside within
605	605	38 that school corporation district, receives the greatest number of
606	606	39 votes from voters residing in that school corporation district.
607	607	40 (b) The following apply to an election of the members of the
608	608	41 governing body of the school corporation under section 3.1(c) of this
609	609	42 chapter:
610	610	2023 IN 1074—LS 6772/DI 144 15
611	611	1 (1) Each candidate must file a petition of nomination with the
612	612	2 circuit court clerk not earlier than one hundred four (104) days
613	613	3 and not later than seventy-four (74) days before the general
614	614	4 election at which members are to be elected. The petition of
615	615	5 nomination must include the following information:
616	616	6 (A) The name of the candidate.
617	617	7 (B) The candidate's residence address.
618	618	8 (C) The signatures of at least one hundred (100) registered
619	619	9 voters residing within the school corporation.
620	620	10 (D) A certification that the candidate meets the qualifications
621	621	11 for candidacy imposed by this chapter.
622	622	12 (E) The fact that the candidate seeks to be elected from the
623	623	13 school corporation at large.
624	624	14 (2) Only eligible voters residing in the school corporation may
625	625	15 vote for a candidate.
626	626	16 (3) Two (2) candidates shall be elected at large. The two (2)
627	627	17 candidates who receive the greatest number of votes among all
628	628	18 candidates running for an at-large seat are elected as members of
629	629	19 the governing body.
630	630	20 (c) IC 3-8-2.5-2.5(a)(5) applies to a candidate described in this
631	631	21 section.
632	632	22 SECTION 17. IC 20-25-3-4, AS AMENDED BY P.L.169-2022,
633	633	23 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
634	634	24 JULY 1, 2023]: Sec. 4. (a) The board consists of seven (7) members.
635	635	25 A member:
636	636	26 (1) must be elected on a nonpartisan basis in general elections
637	637	27 held in the county as specified in this section; and
638	638	28 (2) serves a four (4) year term.
639	639	29 (b) Five (5) members shall be elected from the school board districts
640	640	30 in which the members reside, and two (2) members must be elected at
641	641	31 large.
642	642	32 (c) If a candidate runs for one (1) of the district positions on the
643	643	33 board, only eligible voters residing in the candidate's district may vote
644	644	34 for that candidate. If a person is a candidate for one (1) of the at-large
645	645	35 positions, eligible voters from all the districts may vote for that
646	646	36 candidate.
647	647	37 (d) If a candidate files to run for a position on the board, the
648	648	38 candidate must specify whether the candidate is running for a district
649	649	39 or an at-large position.
650	650	40 (e) IC 3-8-2.5-2.5(a)(5) applies to a candidate described in this
651	651	41 section.
652	652	42 (e) (f) A candidate who runs for a district or an at-large position
653	653	2023 IN 1074—LS 6772/DI 144 16
654	654	1 wins if the candidate receives the greatest number of votes of all the
655	655	2 candidates for the position.
656	656	3 (f) (g) Districts shall be established within the school city by the
657	657	4 board of school commissioners. The districts must be drawn on the
658	658	5 basis of precinct lines, and as nearly as practicable, of equal population
659	659	6 with the population of the largest district not to exceed the population
660	660	7 of the smallest district by more than five percent (5%). District lines
661	661	8 must not cross precinct lines. The board of school commissioners shall
662	662	9 establish:
663	663	10 (1) balloting procedures for the election under IC 3; and
664	664	11 (2) other procedures required to implement this section.
665	665	12 (g) (h) A member of the board serves under section 3 of this
666	666	13 chapter.
667	667	14 (h) (i) In accordance with subsection (k), (l), a vacancy in the board
668	668	15 shall be filled temporarily by the board as soon as practicable after the
669	669	16 vacancy occurs. The member chosen by the board to fill a vacancy
670	670	17 holds office until the member's successor is elected and qualified. The
671	671	18 successor shall be elected at the next regular school board election
672	672	19 occurring after the date on which the vacancy occurs. The successor
673	673	20 fills the vacancy for the remainder of the term.
674	674	21 (i) (j) An individual elected to serve on the board begins the
675	675	22 individual's term on the date set in the school corporation's organization
676	676	23 plan. The date set in the organization plan for an elected member of the
677	677	24 board to take office may not be more than fourteen (14) months after
678	678	25 the date of the member's election. If the school corporation's
679	679	26 organization plan does not set a date for a member of the board to take
680	680	27 office, the member takes office January 1 immediately following the
681	681	28 individual's election.
682	682	29 (j) (k) Notwithstanding any law to the contrary, each voter must cast
683	683	30 a vote for a school board candidate or school board candidates by
684	684	31 voting system or paper ballot. However, the same method used to cast
685	685	32 votes for all other offices for which candidates have qualified to be on
686	686	33 the election ballot must be used for the board offices.
687	687	34 (k) (l) If a vacancy in the board exists because of the death of a
688	688	35 member, the remaining members of the board shall meet and select an
689	689	36 individual to fill the vacancy in accordance with subsection (h) (i) after
690	690	37 the secretary of the board receives notice of the death under IC 5-8-6.
691	691	2023 IN 1074—LS 6772/DI 144