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Indiana House Bill HB1428

Indiana 2023 Regular Session

Indiana House Bill HB1428 Compare Versions

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1-*HB1428.2*
2-Reprinted
3-February 15, 2023
1+*HB1428.1*
2+February 9, 2023
43 HOUSE BILL No. 1428
54 _____
6-DIGEST OF HB 1428 (Updated February 14, 2023 3:31 pm - DI 75)
5+DIGEST OF HB 1428 (Updated February 8, 2023 3:53 pm - DI 144)
76 Citations Affected: IC 3-5; IC 3-8; IC 3-10; IC 3-11; IC 3-12;
87 IC 3-13; IC 20-23; IC 20-25; IC 20-26; IC 33-33.
98 Synopsis: School board elections. Provides that a candidate for a
109 school board office may not be an employee or agent of that school
11-corporation. Establishes a process for a school board or the voters in a
12-school corporation to change the method by which the members of the
13-school board are nominated and elected. Provides that the members of
14-a school board may be nominated and elected by one of the following
15-processes: (1) Through nonpartisan election (as is the case under
16-current law). (2) Through nonpartisan nomination (under the current
17-process) and designation of a candidate's political affiliation or
18-independent status on the general election ballot. (3) Through
19-nomination and election in a partisan process as other candidates for
20-elected office are nominated and elected. Provides that a school board
21-may adopt a resolution to initiate a change or the voters of the school
22-corporation may initiate a change through petition. Provides that, in
23-either case, the voters of the school corporation must approve any
24-change by public question. Provides that the method of election of
25-members of a school board may not be changed until after 10 years
26-after the most recent change was made. Makes conforming changes.
10+corporation. Provides that a school board may adopt a resolution to
11+provide that instead of being nominated and elected on a nonpartisan
12+basis, the members of the school board can be: (1) nominated and
13+elected on a partisan basis as all other candidates are nominated and
14+elected; or (2) nominated as school board candidates are currently
15+nominated but elected with the candidate's partisan affiliation, if any,
16+stated on the general election ballot. Provides that the voters of a school
17+corporation can make the same changes to the election of the school
18+board members as a school board adopted resolution through a petition
19+and referendum process. Makes conforming changes.
2720 Effective: January 1, 2024.
2821 Prescott, Davis, Lucas, Morrison
2922 January 17, 2023, read first time and referred to Committee on Elections and
3023 Apportionment.
3124 February 9, 2023, amended, reported — Do Pass.
32-February 14, 2023, read second time, amended, ordered engrossed.
33-HB 1428—LS 6232/DI 144 Reprinted
34-February 15, 2023
25+HB 1428—LS 6232/DI 144 February 9, 2023
3526 First Regular Session of the 123rd General Assembly (2023)
3627 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3728 Constitution) is being amended, the text of the existing provision will appear in this style type,
3829 additions will appear in this style type, and deletions will appear in this style type.
3930 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4031 provision adopted), the text of the new provision will appear in this style type. Also, the
4132 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4233 a new provision to the Indiana Code or the Indiana Constitution.
4334 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4435 between statutes enacted by the 2022 Regular Session of the General Assembly.
4536 HOUSE BILL No. 1428
4637 A BILL FOR AN ACT to amend the Indiana Code concerning
4738 elections.
4839 Be it enacted by the General Assembly of the State of Indiana:
4940 1 SECTION 1. IC 3-5-2-44 IS AMENDED TO READ AS FOLLOWS
5041 2 [EFFECTIVE JANUARY 1, 2024]: Sec. 44. (a) "School board" means
5142 3 the fiscal governing body of a school corporation (as defined in
5243 4 IC 20-18-2-5).
5344 5 (b) The term includes an elected school advisory board.
5445 6 SECTION 2. IC 3-5-2-45 IS AMENDED TO READ AS FOLLOWS
5546 7 [EFFECTIVE JANUARY 1, 2024]: Sec. 45. (a) "School board office"
5647 8 refers to an elected position on the school board of a school
5748 9 corporation.
5849 10 (b) The term includes an elected school advisory board office.
5950 11 SECTION 3. IC 3-8-1-34, AS AMENDED BY P.L.233-2015,
6051 12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6152 13 JANUARY 1, 2024]: Sec. 34. (a) A candidate for a school board office
6253 14 must have resided in the school corporation for at least one (1) year
6354 15 before the election.
6455 16 (b) This subsection applies to a candidate for school board office
6556 17 seeking to represent an election district that consists of less than the
6657 HB 1428—LS 6232/DI 144 2
6758 1 entire school corporation. The candidate must have resided in the
6859 2 election district for at least one (1) year before the election.
6960 3 (c) A candidate for a school board office may not be an
7061 4 employee or agent of that school corporation.
7162 5 SECTION 4. IC 3-8-2-2 IS AMENDED TO READ AS FOLLOWS
7263 6 [EFFECTIVE JANUARY 1, 2024]: Sec. 2. A person An individual
7364 7 who desires to be nominated at a primary election as a candidate of a
7465 8 political party subject to this chapter for a federal, state, legislative, or
7566 9 local, or school board office shall file a declaration of candidacy.
7667 10 SECTION 5. IC 3-8-2.5-1, AS ADDED BY P.L.179-2011,
7768 11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7869 12 JANUARY 1, 2024]: Sec. 1. Except as provided in IC 3-8-2.7, this
7970 13 chapter applies to a candidate for a school board office.
8071 14 SECTION 6. IC 3-8-2.5-2.7 IS ADDED TO THE INDIANA CODE
8172 15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
8273 16 JANUARY 1, 2024]: Sec. 2.7. (a) This section applies only if
83-17 IC 3-8-2.7-8 applies to the nomination and election of a school
74+17 IC 3-8-2.7-4 applies to the nomination and election of a school
8475 18 corporation's school board members.
8576 19 (b) In addition to the information required on a candidate's
8677 20 petition of nomination under section 2.5 of this chapter, a
87-21 candidate's petition of nomination must state one (1) of the
78+21 candidate's petition of nomination must state either of the
8879 22 following:
89-23 (1) The name of the major political party with which the
90-24 candidate is affiliated.
91-25 (2) The name of a political party other than a major political
92-26 party with which the candidate is affiliated.
93-27 (3) That the candidate is an independent candidate if the
94-28 candidate does not identify with a political party.
95-29 (c) Unless the candidate's political party affiliation is challenged
96-30 under section 7 of this chapter, the candidate's political party
97-31 affiliation stated on the petition shall be indicated on the general
98-32 election ballot in the manner determined by the county election
99-33 board.
100-34 (d) A candidate may not claim affiliation with a major political
101-35 party under subsection (b) unless the two (2) most recent primary
102-36 elections in which the candidate voted were primary elections in
103-37 Indiana held by the party with which the candidate claims
104-38 affiliation. The petition of nomination form must provide a place
105-39 for the candidate to affirm the candidate's primary election
106-40 participation, if the candidate claims affiliation with a major
107-41 political party. If the two (2) most recent primary elections in
108-42 which the candidate voted were not held by the political party with
80+23 (1) The candidate's political party affiliation.
81+24 (2) That the candidate is an independent candidate if the
82+25 candidate does not identify with a political party.
83+26 (c) Unless the candidate's political party affiliation is challenged
84+27 under section 7 of this chapter, the candidate's political party
85+28 affiliation stated on the petition shall be indicated on the general
86+29 election ballot in the manner determined by the county election
87+30 board.
88+31 (d) If a candidate claims affiliation with a major political party
89+32 under subsection (b), the candidate must have voted in the two (2)
90+33 most recent primary elections in Indiana held by the party with
91+34 which the candidate claims affiliation. The petition of nomination
92+35 form must provide a place for the candidate to affirm the
93+36 candidate's primary election participation, if the candidate chooses
94+37 affiliation with a major political party. If the candidate did not vote
95+38 in the two (2) most recent primary elections in Indiana held by the
96+39 party with which the candidate claims affiliation, the county
97+40 chairman of:
98+41 (1) the political party with which the candidate claims
99+42 affiliation; and
109100 HB 1428—LS 6232/DI 144 3
110-1 which the candidate claims affiliation, the county chairman of:
111-2 (1) the political party with which the candidate claims
112-3 affiliation; and
113-4 (2) the county in which the candidate resides;
114-5 must certify in writing that the candidate is a member of the
115-6 political party for the candidate's claimed affiliation to be valid.
116-7 The petition of nomination must inform candidates how political
117-8 party affiliation is determined under this subsection. A certification
118-9 required by a political party chairman under this subsection must
119-10 be attached to the petition of nomination.
120-11 SECTION 7. IC 3-8-2.5-7, AS ADDED BY P.L.194-2013,
121-12 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
122-13 JANUARY 1, 2024]: Sec. 7. (a) A person may not be selected as a
123-14 candidate by petition of nomination without giving written consent and
124-15 having it filed with the public official with whom certificates and
125-16 petitions of nomination are required to be filed.
126-17 (b) Each candidate nominated by petition of nomination for a school
127-18 board office must satisfy all statutory eligibility requirements for the
128-19 office for which the candidate is nominated, including the filing of
129-20 statements of economic interest.
130-21 (c) A statement questioning the validity of a petition of nomination
131-22 or contesting the denial of certification under section 6 of this chapter
132-23 must be filed with the county election board in accordance with
133-24 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
134-25 the general election. A question regarding the validity of a petition of
135-26 nomination or the denial of certification shall be referred to and
136-27 determined by the county election board not later than noon fifty-four
137-28 (54) days before the date of the general election.
138-29 (d) A statement concerning the validity of a declaration of intent to
139-30 be a write-in candidate for a school board office under section 4 of this
140-31 chapter must be filed with the county election board in accordance with
141-32 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
142-33 the general election. A question regarding the validity of a declaration
143-34 of intent to be a write-in candidate for a school board office shall be
144-35 referred to and determined by the county election board not later than
145-36 noon fifty-four (54) days before the date of the general election.
146-37 (e) If a candidate's petition states that the candidate is affiliated
147-38 with a major political party, that statement may be challenged
148-39 under this section. A challenge under this section succeeds only if
149-40 the challenger shows both of the following:
150-41 (1) The candidate did not vote in the two (2) most recent
151-42 primary elections in Indiana held by the political party with
101+1 (2) the county in which the candidate resides;
102+2 must certify in writing that the candidate is a member of the
103+3 political party for the candidate's claimed affiliation to be valid.
104+4 The petition of nomination must inform candidates how political
105+5 party affiliation is determined under this subsection. A certification
106+6 required by a political party chairman under this subsection must
107+7 be attached to the petition of nomination.
108+8 SECTION 7. IC 3-8-2.5-7, AS ADDED BY P.L.194-2013,
109+9 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110+10 JANUARY 1, 2024]: Sec. 7. (a) A person may not be selected as a
111+11 candidate by petition of nomination without giving written consent and
112+12 having it filed with the public official with whom certificates and
113+13 petitions of nomination are required to be filed.
114+14 (b) Each candidate nominated by petition of nomination for a school
115+15 board office must satisfy all statutory eligibility requirements for the
116+16 office for which the candidate is nominated, including the filing of
117+17 statements of economic interest.
118+18 (c) A statement questioning the validity of a petition of nomination
119+19 or contesting the denial of certification under section 6 of this chapter
120+20 must be filed with the county election board in accordance with
121+21 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
122+22 the general election. A question regarding the validity of a petition of
123+23 nomination or the denial of certification shall be referred to and
124+24 determined by the county election board not later than noon fifty-four
125+25 (54) days before the date of the general election.
126+26 (d) A statement concerning the validity of a declaration of intent to
127+27 be a write-in candidate for a school board office under section 4 of this
128+28 chapter must be filed with the county election board in accordance with
129+29 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
130+30 the general election. A question regarding the validity of a declaration
131+31 of intent to be a write-in candidate for a school board office shall be
132+32 referred to and determined by the county election board not later than
133+33 noon fifty-four (54) days before the date of the general election.
134+34 (e) If a candidate's petition states that the candidate is affiliated
135+35 with a major political party, that statement may be challenged
136+36 under this section. A challenge under this subsection succeeds only
137+37 if the challenger shows both of the following:
138+38 (1) The candidate did not vote in the two (2) most recent
139+39 primary elections in Indiana held by the political party with
140+40 which the candidate claims affiliation.
141+41 (2) The county chairman of:
142+42 (A) the political party with which the candidate claims
152143 HB 1428—LS 6232/DI 144 4
153-1 which the candidate claims affiliation.
154-2 (2) The county chairman of:
155-3 (A) the political party with which the candidate claims
156-4 affiliation; and
157-5 (B) the county in which the candidate resides;
158-6 did not certify that the candidate is a member of the political
159-7 party with which the candidate claims affiliation.
160-8 If the candidate produces a copy of the certification of the county
161-9 chairman of the political party with which the candidate claims
162-10 affiliation at the time the candidate filed the petition, the claim of
163-11 a challenger under this subsection is conclusively rebutted.
164-12 (f) Unless a challenger shows under subsection (e) that a
165-13 candidate is not affiliated with the major political party with which
166-14 the candidate claims affiliation, the candidate's claimed political
167-15 party affiliation shall be indicated on the ballot as required by
168-16 section 2.7 of this chapter.
169-17 (g) A candidate's claimed political party affiliation with a party
170-18 other than a major political party is not subject to challenge under
171-19 this section.
172-20 SECTION 8. IC 3-8-2.7 IS ADDED TO THE INDIANA CODE AS
173-21 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
174-22 JANUARY 1, 2024]:
175-23 Chapter 2.7. Changing the Nomination and Election Process of
176-24 School Board Candidates
177-25 Sec. 1. The procedure for nomination and election of the
178-26 members of a school board may be changed as provided in this
179-27 chapter.
180-28 Sec. 2. (a) A school board may adopt a resolution to propose
181-29 that the members of the school board are nominated and elected:
182-30 (1) at nonpartisan elections as provided in IC 3-8-2.5; or
183-31 (2) as described in either:
184-32 (A) section 8 of this chapter; or
185-33 (B) section 9 of this chapter.
144+1 affiliation; and
145+2 (B) the county in which the candidate resides;
146+3 did not certify that the candidate is a member of the political
147+4 party with which the candidate claims affiliation.
148+5 If the candidate produces a copy of the certification of the county
149+6 chairman of the political party with which the candidate claims
150+7 affiliation at the time the candidate filed the petition, the claim of
151+8 a challenger under this subsection is conclusively rebutted.
152+9 (f) Unless a challenger shows under subsection (e) that a
153+10 candidate is not affiliated with the major political party with which
154+11 the candidate claims affiliation, the candidate's claimed political
155+12 party affiliation shall be indicated on the ballot as required by
156+13 section 2.7 of this chapter.
157+14 (g) A candidate's claimed political party affiliation with a party
158+15 other than a major political party is not subject to challenge under
159+16 this section.
160+17 SECTION 8. IC 3-8-2.7 IS ADDED TO THE INDIANA CODE AS
161+18 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
162+19 JANUARY 1, 2024]:
163+20 Chapter 2.7. Nomination and Election of School Board
164+21 Candidates by Partisan Process
165+22 Sec. 1. This chapter applies to the nomination and election of
166+23 candidates for election to a school board if either of the following
167+24 apply:
168+25 (1) The school board adopts a resolution under section 2 of
169+26 this chapter.
170+27 (2) The voters of the school board's school corporation
171+28 approve a public question under section 3 of this chapter.
172+29 Sec. 2. (a) A school board may adopt a resolution to provide that
173+30 the members of the school board are nominated and elected as
174+31 described in either:
175+32 (1) section 4 of this chapter; or
176+33 (2) section 5 of this chapter.
186177 34 (b) A resolution adopted under this section must:
187178 35 (1) state the first year that members of the school board are
188179 36 to be elected as provided in this chapter; and
189-37 (2) be adopted and certified to the circuit court clerk before
190-38 July 1 of the year that a general election will be held.
180+37 (2) be adopted before January 1 of the year that the next
181+38 election for school board members will be held.
191182 39 (c) If the school board adopts a resolution under this section, the
192183 40 school board shall certify adoption of the resolution to the circuit
193184 41 court clerk of the county in which the greatest percentage of
194-42 population of the school corporation resides as provided in
185+42 population of the school corporation resides before January 1 of
195186 HB 1428—LS 6232/DI 144 5
196-1 subsection (b).
197-2 Sec. 3. (a) If the lesser of:
198-3 (1) five hundred (500) voters residing within the school
199-4 corporation; or
200-5 (2) five percent (5%) of the registered voters residing within
201-6 the school corporation;
202-7 sign a petition requesting that a public question be placed on the
203-8 ballot at a general election as provided in this section, the county
204-9 election board shall place the public question on the ballot as
205-10 provided in this section.
206-11 (b) A petition under this section must indicate whether the
207-12 members of the school board should be nominated and elected:
208-13 (1) at a nonpartisan election as provided in IC 3-8-2.5; or
209-14 (2) as described in either:
210-15 (A) section 8 of this chapter; or
211-16 (B) section 9 of this chapter.
212-17 (c) A petition satisfies the requirement of subsection (b) if the
213-18 petition states the form of the public question under any of the
214-19 following:
215-20 (1) Section 4 of this chapter for the election of members of the
216-21 school board at a nonpartisan election as provided in
217-22 IC 3-8-2.5.
218-23 (2) Section 5 of this chapter for election of members of the
219-24 school board as described in section 8 of this chapter.
220-25 (3) Section 6 of this chapter for election of members of the
221-26 school board as described in section 9 of this chapter.
222-27 (d) The following apply to the petition process under this
223-28 section:
224-29 (1) The following apply to an individual who circulates or
225-30 signs a petition under this section:
226-31 (A) The individual must be a registered voter who resides
227-32 in the school corporation.
228-33 (B) An individual who circulates a copy of the petition
229-34 must be a signatory on one (1) copy of the petition.
230-35 (C) After the individual who circulates a copy of the
231-36 petition collects and files the signed petition copy, that
232-37 individual must swear or affirm before a notary public
233-38 that the individual witnessed each signature.
234-39 (2) Each copy of a petition that is circulated and filed at the
235-40 county voter registration office must be verified under oath at
236-41 the county voter registration office by at least one (1)
237-42 individual who has signed the copy.
187+1 the year that the next election for school board members will be
188+2 held.
189+3 Sec. 3. (a) If the lesser of:
190+4 (1) five hundred (500) voters residing within the school
191+5 corporation; or
192+6 (2) five percent (5%) of the registered voters residing within
193+7 the school corporation;
194+8 sign a petition requesting that a public question be placed on the
195+9 ballot at a general election as provided in this section, the county
196+10 election board shall place the public question on the ballot as
197+11 provided in this section.
198+12 (b) A petition under this section must indicate whether the
199+13 members of the school board should be elected as provided in
200+14 section 4 or 5 of this chapter. A petition satisfies the requirement
201+15 of this subsection if the petition states the form of the public
202+16 question under:
203+17 (1) subsection (d) for election of members of the school board
204+18 as described in section 4 of this chapter; or
205+19 (2) subsection (e) for election of members of the school board
206+20 as described in section 5 of this chapter.
207+21 (c) The following apply to the petition process under this
208+22 section:
209+23 (1) The following apply to an individual who circulates or
210+24 signs a petition under this section:
211+25 (A) The individual must be a registered voter who resides
212+26 in the school corporation.
213+27 (B) An individual who circulates a copy of the petition
214+28 must be a signatory on one (1) copy of the petition.
215+29 (C) After the individual who circulates a copy of the
216+30 petition collects and files the signed petition copy, that
217+31 individual must swear or affirm before a notary public
218+32 that the individual witnessed each signature.
219+33 (2) Each copy of a petition that is circulated and filed at the
220+34 county voter registration office must be verified under oath at
221+35 the county voter registration office by at least one (1)
222+36 individual who has signed the copy.
223+37 (3) Each copy of the petition must be filed with the county
224+38 voter registration office not later than July 1 of the year that
225+39 the public question requested in the petition is placed on the
226+40 ballot.
227+41 (4) The county voter registration office shall determine
228+42 whether each individual who signed a copy of the petition is
238229 HB 1428—LS 6232/DI 144 6
239-1 (3) Each copy of the petition must be filed with the county
240-2 voter registration office not later than July 1 of the year that
241-3 the public question requested in the petition is placed on the
242-4 ballot.
243-5 (4) The county voter registration office shall determine
244-6 whether each individual who signed a copy of the petition is
245-7 a registered voter who resides within the school corporation.
246-8 However, after the county voter registration office has
247-9 determined that at least five hundred twenty-five (525)
248-10 individuals who signed the petition are registered voters
249-11 within the school corporation, the county voter registration
250-12 office is not required to verify whether the remaining
251-13 individuals who signed the petition are registered voters.
252-14 (5) The county voter registration office shall determine, not
253-15 later than July 15, whether a sufficient number of voters who
254-16 are residents of the school corporation have signed the
255-17 petition under this section. If the name of an individual who
256-18 signs a petition copy as a registered voter contains a minor
257-19 variation from the name of the registered voter as set forth in
258-20 the records of the county voter registration office, the
259-21 signature is presumed to be valid, and there is a presumption
260-22 that the individual is entitled to sign the petition under this
261-23 section. In determining whether an individual is a registered
262-24 voter, the county voter registration office shall apply the
263-25 requirements and procedures used under this title to
264-26 determine whether an individual is a registered voter for
265-27 purposes of voting in an election. However, an individual is
266-28 not required to comply with the provisions concerning
267-29 providing proof of identification to be considered a registered
268-30 voter for purposes of this section.
269-31 (6) If the county voter registration office determines that the
270-32 petition is signed by a sufficient number of voters who reside
271-33 in the school corporation, the county voter registration office
272-34 shall certify the petition to the county election board not later
273-35 than August 1 before the next general election.
274-36 Sec. 4. (a) This section applies if:
275-37 (1) a school board certifies a resolution adopted by the school
276-38 board to the circuit court clerk as provided in section 2 of this
277-39 chapter; or
278-40 (2) a petition is certified under section 3 of this chapter;
279-41 proposing that members of the school board be nominated and
280-42 elected at nonpartisan elections as provided in IC 3-8-2.5.
230+1 a registered voter who resides within the school corporation.
231+2 However, after the county voter registration office has
232+3 determined that at least five hundred twenty-five (525)
233+4 individuals who signed the petition are registered voters
234+5 within the school corporation, the county voter registration
235+6 office is not required to verify whether the remaining
236+7 individuals who signed the petition are registered voters.
237+8 (5) The county voter registration office shall determine, not
238+9 later than July 15, whether a sufficient number of voters who
239+10 are residents of the school corporation have signed the
240+11 petition under this section. If the name of an individual who
241+12 signs a petition copy as a registered voter contains a minor
242+13 variation from the name of the registered voter as set forth in
243+14 the records of the county voter registration office, the
244+15 signature is presumed to be valid, and there is a presumption
245+16 that the individual is entitled to sign the petition under this
246+17 section. In determining whether an individual is a registered
247+18 voter, the county voter registration office shall apply the
248+19 requirements and procedures used under this title to
249+20 determine whether an individual is a registered voter for
250+21 purposes of voting in an election. However, an individual is
251+22 not required to comply with the provisions concerning
252+23 providing proof of identification to be considered a registered
253+24 voter for purposes of this section.
254+25 (6) If the county voter registration office determines that the
255+26 petition is signed by a sufficient number of voters who reside
256+27 in the school corporation, the county voter registration office
257+28 shall certify the petition to the county election board not later
258+29 than August 1 before the next general election.
259+30 (d) If the county voter registration office certifies a petition
260+31 requesting that the members of the school board be elected as
261+32 described in section 4 of this chapter, the county election board
262+33 shall place the following public question on the ballot at the next
263+34 general election in the precincts within the school corporation:
264+35 "Shall the names of the candidates for election to the
265+36 ___________________ (insert the name of the school
266+37 corporation) school board be placed on the ballot to indicate
267+38 whether each candidate is affiliated with a political party or
268+39 is an independent candidate?".
269+40 (e) If the county voter registration office certifies a petition
270+41 requesting that the members of the school board be elected as
271+42 described in section 5 of this chapter, the county election board
281272 HB 1428—LS 6232/DI 144 7
282-1 (b) The county election board shall place the following public
283-2 question on the ballot at the next general election in the precincts
284-3 within the school corporation:
285-4 "Shall candidates for election to the ___________________
286-5 (insert the name of the school corporation) school board be
287-6 nominated and elected at nonpartisan elections?".
288-7 Sec. 5. (a) This section applies if:
289-8 (1) a school board certifies a resolution adopted by the school
290-9 board to the circuit court clerk as provided in section 2 of this
291-10 chapter; or
292-11 (2) a petition is certified under section 3 of this chapter;
293-12 proposing that members of the school board be elected as provided
294-13 in section 8 of this chapter.
295-14 (b) The county election board shall place the following public
296-15 question on the ballot at the next general election in the precincts
297-16 within the school corporation:
298-17 "Shall the names of the candidates for election to the
299-18 ___________________ (insert the name of the school
300-19 corporation) school board be placed on the ballot to indicate
301-20 whether each candidate is affiliated with a political party or
302-21 is an independent candidate?".
303-22 Sec. 6. (a) This section applies if:
304-23 (1) a school board certifies a resolution adopted by the school
305-24 board to the circuit court clerk as provided in section 2 of this
306-25 chapter; or
307-26 (2) a petition is certified under section 3 of this chapter;
308-27 proposing that members of the school board be elected as provided
309-28 in section 9 of this chapter.
310-29 (b) The county election board shall place the following public
311-30 question on the ballot at the next general election in the precincts
312-31 within the school corporation:
313-32 "Shall candidates for election to the ___________________
314-33 (insert the name of the school corporation) school board be
315-34 nominated in the same fashion as candidates for partisan
316-35 offices and shall the general election ballot for election of
317-36 members of the school board indicate the political party with
318-37 which each candidate is affiliated, if any?".
319-38 Sec. 7. (a) The circuit court clerk shall certify the results of the
320-39 vote on a public question under this chapter to the county election
321-40 board.
322-41 (b) If a majority of the voters voting on the public question vote
323-42 "yes", the school corporation's school board members shall be
273+1 shall place the following public question on the ballot at the next
274+2 general election in the precincts within the school corporation:
275+3 "Shall candidates for election to the ___________________
276+4 (insert the name of the school corporation) school board be
277+5 nominated in the same fashion as candidates for partisan
278+6 offices and shall the general election ballot for election of
279+7 members of the school board indicate the political party with
280+8 which each candidate is affiliated, if any?".
281+9 (f) The circuit court clerk shall certify the results of the vote on
282+10 the public question under subsection (d) or (e) to the county
283+11 election board.
284+12 (g) If a majority of the voters voting on the public question vote
285+13 "yes", the election of the school corporation's school board
286+14 members shall be subject to either the procedures of section 4 or 5
287+15 of this chapter, whichever was approved by the voters, beginning
288+16 with the next election of the school corporation's school board
289+17 members.
290+18 Sec. 4. (a) This section applies if:
291+19 (1) a resolution is adopted under section 2(a)(1) of this
292+20 chapter; or
293+21 (2) a public question described in section 3(d) of this chapter
294+22 is approved under section 3 of this chapter.
295+23 (b) Candidates for election to the governing body shall be:
296+24 (1) nominated as provided in IC 3-8-2.5; and
297+25 (2) elected at the general election and designated on the
298+26 general election ballot as either being:
299+27 (A) affiliated with a political party; or
300+28 (B) an independent candidate.
301+29 Sec. 5. (a) This section applies if:
302+30 (1) a resolution is adopted under section 2(a)(2) of this
303+31 chapter; or
304+32 (2) a public question described in section 3(e) of this chapter
305+33 is approved under section 3 of this chapter.
306+34 (b) IC 3-8-2.5 does not apply to the nomination or election of
307+35 members of the school corporation's school board.
308+36 (c) Candidates for election to the school board shall be:
309+37 (1) nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
310+38 is applicable to each candidate; and
311+39 (2) placed on the ballot so that the political affiliation of each
312+40 candidate is indicated in the same manner as candidates for
313+41 partisan local offices are indicated.
314+42 SECTION 9. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
324315 HB 1428—LS 6232/DI 144 8
325-1 nominated and elected, beginning with the next election of the
326-2 school corporation's school board members, as follows:
327-3 (1) At nonpartisan elections as provided in IC 3-8-2.5 if the
328-4 voters approve the public question under section 4 of this
329-5 chapter.
330-6 (2) As provided in section 8 of this chapter if the voters
331-7 approve the public question under section 5 of this chapter.
332-8 (3) As provided in section 9 of this chapter, if the voters
333-9 approve the public question under section 6 of this chapter.
334-10 Sec. 8. (a) This section applies if the voters approve the public
335-11 question under section 5 of this chapter.
336-12 (b) Candidates for election to the governing body shall be:
337-13 (1) nominated as provided in IC 3-8-2.5; and
338-14 (2) elected at the general election and designated on the
339-15 general election ballot as either being:
340-16 (A) affiliated with a political party; or
341-17 (B) an independent candidate.
342-18 Sec. 9. (a) This section applies if the voters approve the public
343-19 question under section 6 of this chapter.
344-20 (b) IC 3-8-2.5 does not apply to the nomination or election of
345-21 members of the school corporation's school board.
346-22 (c) Candidates for election to the school board shall be:
347-23 (1) nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
348-24 is applicable to each candidate; and
349-25 (2) placed on the ballot so that the political affiliation of each
350-26 candidate is indicated in the same manner as candidates for
351-27 partisan local offices are indicated.
352-28 Sec. 10. A public question under this chapter may not be placed
353-29 on the ballot before ten (10) years after a previous public question
354-30 under this chapter has been submitted to the voters.
355-31 SECTION 9. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
356-32 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
357-33 JANUARY 1, 2024]: Sec. 1. (a) This chapter applies to a candidate for
358-34 nomination to an elected office who:
359-35 (1) is an independent candidate; or
360-36 (2) represents a political party not qualified to nominate
361-37 candidates in a primary or by convention.
362-38 (b) This chapter:
363-39 (1) applies to a candidate for a school board office of a school
364-40 corporation if IC 3-8-2.7-8 or IC 3-8-2.7-9 applies to the
365-41 nomination and election of the candidates for the school
366-42 corporation's school board offices; and
316+1 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
317+2 JANUARY 1, 2024]: Sec. 1. (a) This chapter applies to a candidate for
318+3 nomination to an elected office who:
319+4 (1) is an independent candidate; or
320+5 (2) represents a political party not qualified to nominate
321+6 candidates in a primary or by convention.
322+7 (b) This chapter:
323+8 (1) applies to a candidate for a school board office of a school
324+9 corporation if IC 3-8-2.7 applies to the nomination and
325+10 election of the candidates for the school corporation's school
326+11 board offices; and
327+12 (2) does not apply to a candidate for a school board office of a
328+13 school corporation if IC 3-8-2.7 does not apply to the
329+14 nomination of the candidates for the school corporation's
330+15 school board offices.
331+16 SECTION 10. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
332+17 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
333+18 JANUARY 1, 2024]: Sec. 28. (a) Except as provided in subsections (b)
334+19 and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
335+20 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
336+21 notice of withdrawal in writing with the public official with whom the
337+22 certificate of nomination was filed by noon of the following dates:
338+23 (1) July 15 before a general or municipal election.
339+24 (2) August 1 before a municipal election in a town subject to
340+25 IC 3-8-5-10.
341+26 (3) On the date specified for town convention nominees under
342+27 IC 3-8-5-14.5.
343+28 (4) On the date specified for declared write-in candidates under
344+29 IC 3-8-2-2.7.
345+30 (5) On the date specified for a school board candidate under
346+31 IC 3-8-2.5-4, even if IC 3-8-2.7 applies to a school
347+32 corporation's candidates for election to its school board. or
348+33 (6) Forty-five (45) days before a special election.
349+34 (b) A candidate who is disqualified from being a candidate under
350+35 IC 3-8-1-5 must file a notice of withdrawal immediately upon
351+36 becoming disqualified. IC 3-8-8-7 and the filing requirements of
352+37 subsection (a) do not apply to a notice of withdrawal filed under this
353+38 subsection.
354+39 (c) A candidate who has moved from the election district the
355+40 candidate sought to represent must file a notice of withdrawal
356+41 immediately after changing the candidate's residence. IC 3-8-8-7 and
357+42 the filing requirements of subsection (a) do not apply to a notice of
367358 HB 1428—LS 6232/DI 144 9
368-1 (2) does not apply to a candidate for a school board office of a
369-2 school corporation if IC 3-8-2.7-8 and IC 3-8-2.7-9 do not
370-3 apply to the nomination of the candidates for the school
371-4 corporation's school board offices.
372-5 SECTION 10. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
373-6 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
374-7 JANUARY 1, 2024]: Sec. 28. (a) Except as provided in subsections (b)
375-8 and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
376-9 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
377-10 notice of withdrawal in writing with the public official with whom the
378-11 certificate of nomination was filed by noon of the following dates:
379-12 (1) July 15 before a general or municipal election.
380-13 (2) August 1 before a municipal election in a town subject to
381-14 IC 3-8-5-10.
382-15 (3) On the date specified for town convention nominees under
383-16 IC 3-8-5-14.5.
384-17 (4) On the date specified for declared write-in candidates under
385-18 IC 3-8-2-2.7.
386-19 (5) On the date specified for a school board candidate under
387-20 IC 3-8-2.5-4, even if IC 3-8-2.7-8 or IC 3-8-2.7-9 applies to a
388-21 school corporation's candidates for election to its school
389-22 board. or
390-23 (6) Forty-five (45) days before a special election.
391-24 (b) A candidate who is disqualified from being a candidate under
392-25 IC 3-8-1-5 must file a notice of withdrawal immediately upon
393-26 becoming disqualified. IC 3-8-8-7 and the filing requirements of
394-27 subsection (a) do not apply to a notice of withdrawal filed under this
395-28 subsection.
396-29 (c) A candidate who has moved from the election district the
397-30 candidate sought to represent must file a notice of withdrawal
398-31 immediately after changing the candidate's residence. IC 3-8-8-7 and
399-32 the filing requirements of subsection (a) do not apply to a notice of
400-33 withdrawal filed under this subsection.
401-34 SECTION 11. IC 3-8-9-5, AS AMENDED BY P.L.278-2019,
402-35 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
403-36 JANUARY 1, 2024]: Sec. 5. An individual required to file a statement
404-37 under section 4 of this chapter shall file the statement as follows:
405-38 (1) With the individual's:
406-39 (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
407-40 (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
408-41 office described in IC 3-8-2-5 in a county with a separate
409-42 board of registration under IC 3-7-12 after certification by the
359+1 withdrawal filed under this subsection.
360+2 SECTION 11. IC 3-8-9-5, AS AMENDED BY P.L.278-2019,
361+3 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
362+4 JANUARY 1, 2024]: Sec. 5. An individual required to file a statement
363+5 under section 4 of this chapter shall file the statement as follows:
364+6 (1) With the individual's:
365+7 (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
366+8 (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
367+9 office described in IC 3-8-2-5 in a county with a separate
368+10 board of registration under IC 3-7-12 after certification by the
369+11 board of registration;
370+12 (C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
371+13 office described in IC 3-8-2-5 in a county that does not have a
372+14 separate board of registration under IC 3-7-12;
373+15 (D) petition of nomination under IC 3-8-6 for an office
374+16 described in IC 3-8-2-5 after certification by the county voter
375+17 registration office;
376+18 (E) certificate of nomination under IC 3-10-2-15 or
377+19 IC 3-10-6-12;
378+20 (F) statement consenting to be a replacement candidate under
379+21 IC 3-8-6-17;
380+22 (G) declaration of intent to be a write-in candidate under
381+23 IC 3-8-2-2.5; or
382+24 (H) certificate of candidate selection under IC 3-13-1 or
383+25 IC 3-13-2.
384+26 (2) When the individual assumes a vacant elected office under
385+27 IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-10.5-3, or
386+28 IC 3-13-11. or IC 20-23-4-30. A statement filed under this
387+29 subdivision must be filed not later than noon sixty (60) days after
388+30 the individual assumes the elected office.
389+31 SECTION 12. IC 3-10-1-4 IS AMENDED TO READ AS
390+32 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 4. (a) At a
391+33 primary election each political party subject to section 2 of this chapter
392+34 shall nominate its candidates for the following offices to be voted for
393+35 at the general election:
394+36 (1) United States Senator.
395+37 (2) Governor.
396+38 (3) United States Representative.
397+39 (4) Legislative offices.
398+40 (5) Local offices.
399+41 (6) School board offices, if the school board offices are subject
400+42 to IC 3-8-2.7-5.
410401 HB 1428—LS 6232/DI 144 10
411-1 board of registration;
412-2 (C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
413-3 office described in IC 3-8-2-5 in a county that does not have a
414-4 separate board of registration under IC 3-7-12;
415-5 (D) petition of nomination under IC 3-8-6 for an office
416-6 described in IC 3-8-2-5 after certification by the county voter
417-7 registration office;
418-8 (E) certificate of nomination under IC 3-10-2-15 or
419-9 IC 3-10-6-12;
420-10 (F) statement consenting to be a replacement candidate under
421-11 IC 3-8-6-17;
422-12 (G) declaration of intent to be a write-in candidate under
423-13 IC 3-8-2-2.5; or
424-14 (H) certificate of candidate selection under IC 3-13-1 or
425-15 IC 3-13-2.
426-16 (2) When the individual assumes a vacant elected office under
427-17 IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-10.5-3, or
428-18 IC 3-13-11. or IC 20-23-4-30. A statement filed under this
429-19 subdivision must be filed not later than noon sixty (60) days after
430-20 the individual assumes the elected office.
431-21 SECTION 12. IC 3-10-1-4 IS AMENDED TO READ AS
432-22 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 4. (a) At a
433-23 primary election each political party subject to section 2 of this chapter
434-24 shall nominate its candidates for the following offices to be voted for
435-25 at the general election:
436-26 (1) United States Senator.
437-27 (2) Governor.
438-28 (3) United States Representative.
439-29 (4) Legislative offices.
440-30 (5) Local offices.
441-31 (6) School board offices, if the school board offices are subject
442-32 to IC 3-8-2.7-9.
443-33 (b) In addition, each political party subject to section 2 of this
444-34 chapter shall:
445-35 (1) vote on candidates for nomination as President of the United
446-36 States;
447-37 (2) elect delegates from each county to the party's state
448-38 convention; and
449-39 (3) elect a precinct committeeman for each precinct in the county
450-40 if precinct committeemen are to be elected under section 4.5 of
451-41 this chapter.
452-42 SECTION 13. IC 3-10-1-18, AS AMENDED BY THE
402+1 (b) In addition, each political party subject to section 2 of this
403+2 chapter shall:
404+3 (1) vote on candidates for nomination as President of the United
405+4 States;
406+5 (2) elect delegates from each county to the party's state
407+6 convention; and
408+7 (3) elect a precinct committeeman for each precinct in the county
409+8 if precinct committeemen are to be elected under section 4.5 of
410+9 this chapter.
411+10 SECTION 13. IC 3-10-1-18, AS AMENDED BY THE
412+11 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
413+12 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
414+13 JANUARY 1, 2024]: Sec. 18. (a) Except as provided by subsection (b),
415+14 the names of all candidates for each office who have qualified under
416+15 IC 3-8 shall be arranged in alphabetical order by surnames under the
417+16 designation of the office.
418+17 (b) This subsection applies to a county having a population of more
419+18 than four hundred thousand (400,000) but and less than seven hundred
420+19 thousand (700,000). The names of all candidates for each office who
421+20 have qualified under IC 3-8, except for a school board office subject
422+21 to IC 3-8-2.5 or IC 3-8-2.7-5, precinct committeeman or state
423+22 convention delegate, shall be arranged in random order by surnames
424+23 under the designation of the office. The random order shall be
425+24 determined using a lottery. The lottery held in accordance with this
426+25 subsection shall be conducted in public by the county election board.
427+26 The lottery shall be held not later than fifteen (15) days following the
428+27 last day for a declaration of candidacy under IC 3-8-2-4. All candidates
429+28 whose names are to be arranged by way of the lottery shall be notified
430+29 at least five (5) days prior to the lottery of the time and place at which
431+30 the lottery is to be held. Each candidate may have one (1) designated
432+31 watcher, and each county political party may have one (1) designated
433+32 watcher who shall be allowed to observe the lottery procedure.
434+33 (c) For paper ballots, the left margin of the ballot for each political
435+34 party must show the name of the uppermost candidate printed to the
436+35 right of the number 1, the next candidate number 2, the next candidate
437+36 number 3, and so on, consecutively to the end of the ballot as
438+37 prescribed in section 19 of this chapter. If ordered by a county election
439+38 board or a board of elections and registration under IC 3-11-15-13.1(b),
440+39 a ballot number or other candidate designation uniquely associated
441+40 with the candidate must be displayed on the electronic voting system
442+41 and printed on the ballot cards.
443+42 (d) This subsection applies to a county having a population of more
453444 HB 1428—LS 6232/DI 144 11
454-1 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
455-2 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
456-3 JANUARY 1, 2024]: Sec. 18. (a) Except as provided by subsection (b),
457-4 the names of all candidates for each office who have qualified under
458-5 IC 3-8 shall be arranged in alphabetical order by surnames under the
459-6 designation of the office.
460-7 (b) This subsection applies to a county having a population of more
461-8 than four hundred thousand (400,000) but and less than seven hundred
462-9 thousand (700,000). The names of all candidates for each office who
463-10 have qualified under IC 3-8, except for a school board office subject
464-11 to IC 3-8-2.5 or IC 3-8-2.7-9, precinct committeeman or state
465-12 convention delegate, shall be arranged in random order by surnames
466-13 under the designation of the office. The random order shall be
467-14 determined using a lottery. The lottery held in accordance with this
468-15 subsection shall be conducted in public by the county election board.
469-16 The lottery shall be held not later than fifteen (15) days following the
470-17 last day for a declaration of candidacy under IC 3-8-2-4. All candidates
471-18 whose names are to be arranged by way of the lottery shall be notified
472-19 at least five (5) days prior to the lottery of the time and place at which
473-20 the lottery is to be held. Each candidate may have one (1) designated
474-21 watcher, and each county political party may have one (1) designated
475-22 watcher who shall be allowed to observe the lottery procedure.
476-23 (c) For paper ballots, the left margin of the ballot for each political
477-24 party must show the name of the uppermost candidate printed to the
478-25 right of the number 1, the next candidate number 2, the next candidate
479-26 number 3, and so on, consecutively to the end of the ballot as
480-27 prescribed in section 19 of this chapter. If ordered by a county election
481-28 board or a board of elections and registration under IC 3-11-15-13.1(b),
482-29 a ballot number or other candidate designation uniquely associated
483-30 with the candidate must be displayed on the electronic voting system
484-31 and printed on the ballot cards.
485-32 (d) This subsection applies to a county having a population of more
486-33 than four hundred thousand (400,000) but and less than seven hundred
487-34 thousand (700,000). If there is insufficient room on a row to list each
488-35 candidate of a political party, a second or subsequent row may be
489-36 utilized. However, a second or subsequent row may not be utilized
490-37 unless the first row, and all preceding rows, have been filled.
491-38 SECTION 14. IC 3-10-1-19, AS AMENDED BY P.L.278-2019,
492-39 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
493-40 JANUARY 1, 2024]: Sec. 19. (a) The ballot for a primary election shall
494-41 be printed in substantially the form described in this section for all the
495-42 offices for which candidates have qualified under IC 3-8.
445+1 than four hundred thousand (400,000) but and less than seven hundred
446+2 thousand (700,000). If there is insufficient room on a row to list each
447+3 candidate of a political party, a second or subsequent row may be
448+4 utilized. However, a second or subsequent row may not be utilized
449+5 unless the first row, and all preceding rows, have been filled.
450+6 SECTION 14. IC 3-10-1-19, AS AMENDED BY P.L.278-2019,
451+7 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
452+8 JANUARY 1, 2024]: Sec. 19. (a) The ballot for a primary election shall
453+9 be printed in substantially the form described in this section for all the
454+10 offices for which candidates have qualified under IC 3-8.
455+11 (b) The following shall be printed as the heading for the ballot for
456+12 a political party:
457+13 "OFFICIAL PRIMARY BALLOT
458+14 _________________ Party (insert the name of the political party)".
459+15 (c) The following shall be printed immediately below the heading
460+16 required by subsection (b) or be posted in each voting booth as
461+17 provided in IC 3-11-2-8(b):
462+18 (1) For paper ballots, print: To vote for a person, make a voting
463+19 mark (X or U) on or in the box before the person's name in the
464+20 proper column.
465+21 (2) For optical scan ballots, print: To vote for a person, darken or
466+22 shade in the circle, oval, or square (or draw a line to connect the
467+23 arrow) that precedes the person's name in the proper column.
468+24 (3) For optical scan ballots that do not contain a candidate's name,
469+25 print: To vote for a person, darken or shade in the oval that
470+26 precedes the number assigned to the person's name in the proper
471+27 column.
472+28 (4) For electronic voting systems, print: To vote for a person,
473+29 touch the screen (or press the button) in the location indicated.
474+30 (d) Local public questions shall be placed on the primary election
475+31 ballot after the heading and the voting instructions described in
476+32 subsection (c) (if the instructions are printed on the ballot) and before
477+33 the offices described in subsection (g).
478+34 (e) The local public questions described in subsection (d) shall be
479+35 placed as follows:
480+36 (1) In a separate column on the ballot if voting is by paper ballot.
481+37 (2) After the heading and the voting instructions described in
482+38 subsection (c) (if the instructions are printed on the ballot) and
483+39 before the offices described in subsection (g), in the form
484+40 specified in IC 3-11-13-11 if voting is by ballot card.
485+41 (3) As provided by either of the following if voting is by an
486+42 electronic voting system:
496487 HB 1428—LS 6232/DI 144 12
497-1 (b) The following shall be printed as the heading for the ballot for
498-2 a political party:
499-3 "OFFICIAL PRIMARY BALLOT
500-4 _________________ Party (insert the name of the political party)".
501-5 (c) The following shall be printed immediately below the heading
502-6 required by subsection (b) or be posted in each voting booth as
503-7 provided in IC 3-11-2-8(b):
504-8 (1) For paper ballots, print: To vote for a person, make a voting
505-9 mark (X or U) on or in the box before the person's name in the
506-10 proper column.
507-11 (2) For optical scan ballots, print: To vote for a person, darken or
508-12 shade in the circle, oval, or square (or draw a line to connect the
509-13 arrow) that precedes the person's name in the proper column.
510-14 (3) For optical scan ballots that do not contain a candidate's name,
511-15 print: To vote for a person, darken or shade in the oval that
512-16 precedes the number assigned to the person's name in the proper
513-17 column.
514-18 (4) For electronic voting systems, print: To vote for a person,
515-19 touch the screen (or press the button) in the location indicated.
516-20 (d) Local public questions shall be placed on the primary election
517-21 ballot after the heading and the voting instructions described in
518-22 subsection (c) (if the instructions are printed on the ballot) and before
519-23 the offices described in subsection (g).
520-24 (e) The local public questions described in subsection (d) shall be
521-25 placed as follows:
522-26 (1) In a separate column on the ballot if voting is by paper ballot.
523-27 (2) After the heading and the voting instructions described in
524-28 subsection (c) (if the instructions are printed on the ballot) and
525-29 before the offices described in subsection (g), in the form
488+1 (A) On a separate screen for a public question.
489+2 (B) After the heading and the voting instructions described in
490+3 subsection (c) (if the instructions are printed on the ballot) and
491+4 before the offices described in subsection (g), in the form
492+5 specified in IC 3-11-14-3.5.
493+6 (f) A public question shall be placed on the primary election ballot
494+7 in the following form:
495+8 (The explanatory text for the public question,
496+9 if required by law.)
497+10 "Shall (insert public question)?"
498+11 [] YES
499+12 [] NO
500+13 (g) The offices with candidates for nomination shall be placed on
501+14 the primary election ballot in the following order:
502+15 (1) Federal and state offices:
503+16 (A) President of the United States.
504+17 (B) United States Senator.
505+18 (C) Governor.
506+19 (D) United States Representative.
507+20 (2) Legislative offices:
508+21 (A) State senator.
509+22 (B) State representative.
510+23 (3) Circuit offices and county judicial offices:
511+24 (A) Judge of the circuit court, and unless otherwise specified
512+25 under IC 33, with each division separate if there is more than
513+26 one (1) judge of the circuit court.
514+27 (B) Judge of the superior court, and unless otherwise specified
515+28 under IC 33, with each division separate if there is more than
516+29 one (1) judge of the superior court.
517+30 (C) Judge of the probate court.
518+31 (D) Prosecuting attorney.
519+32 (E) Circuit court clerk.
520+33 (4) County offices:
521+34 (A) County auditor.
522+35 (B) County recorder.
523+36 (C) County treasurer.
524+37 (D) County sheriff.
525+38 (E) County coroner.
526+39 (F) County surveyor.
527+40 (G) County assessor.
528+41 (H) County commissioner.
529+42 (I) County council member.
530+HB 1428—LS 6232/DI 144 13
531+1 (5) Township offices:
532+2 (A) Township assessor (only in a township referred to in
533+3 IC 36-6-5-1(d)).
534+4 (B) Township trustee.
535+5 (C) Township board member.
536+6 (D) Judge of the small claims court.
537+7 (E) Constable of the small claims court.
538+8 (6) City offices:
539+9 (A) Mayor.
540+10 (B) Clerk or clerk-treasurer.
541+11 (C) Judge of the city court.
542+12 (D) City-county council member or common council member.
543+13 (7) Town offices:
544+14 (A) Clerk-treasurer.
545+15 (B) Judge of the town court.
546+16 (C) Town council member.
547+17 (8) School board offices, if the school board offices are subject
548+18 to IC 3-8-2.7-5.
549+19 (h) The political party offices with candidates for election shall be
550+20 placed on the primary election ballot in the following order after the
551+21 offices described in subsection (g):
552+22 (1) Precinct committeeman.
553+23 (2) State convention delegate.
554+24 (i) The local offices to be elected at the primary election shall be
555+25 placed on the primary election ballot after the offices described in
556+26 subsection (h).
557+27 (j) The offices described in subsection (i) shall be placed as follows:
558+28 (1) In a separate column on the ballot if voting is by paper ballot.
559+29 (2) After the offices described in subsection (h) in the form
526560 30 specified in IC 3-11-13-11 if voting is by ballot card.
527-31 (3) As provided by either of the following if voting is by an
528-32 electronic voting system:
529-33 (A) On a separate screen for a public question.
530-34 (B) After the heading and the voting instructions described in
531-35 subsection (c) (if the instructions are printed on the ballot) and
532-36 before the offices described in subsection (g), in the form
533-37 specified in IC 3-11-14-3.5.
534-38 (f) A public question shall be placed on the primary election ballot
535-39 in the following form:
536-40 (The explanatory text for the public question,
537-41 if required by law.)
538-42 "Shall (insert public question)?"
539-HB 1428—LS 6232/DI 144 13
540-1 [] YES
541-2 [] NO
542-3 (g) The offices with candidates for nomination shall be placed on
543-4 the primary election ballot in the following order:
544-5 (1) Federal and state offices:
545-6 (A) President of the United States.
546-7 (B) United States Senator.
547-8 (C) Governor.
548-9 (D) United States Representative.
549-10 (2) Legislative offices:
550-11 (A) State senator.
551-12 (B) State representative.
552-13 (3) Circuit offices and county judicial offices:
553-14 (A) Judge of the circuit court, and unless otherwise specified
554-15 under IC 33, with each division separate if there is more than
555-16 one (1) judge of the circuit court.
556-17 (B) Judge of the superior court, and unless otherwise specified
557-18 under IC 33, with each division separate if there is more than
558-19 one (1) judge of the superior court.
559-20 (C) Judge of the probate court.
560-21 (D) Prosecuting attorney.
561-22 (E) Circuit court clerk.
562-23 (4) County offices:
563-24 (A) County auditor.
564-25 (B) County recorder.
565-26 (C) County treasurer.
566-27 (D) County sheriff.
567-28 (E) County coroner.
568-29 (F) County surveyor.
569-30 (G) County assessor.
570-31 (H) County commissioner.
571-32 (I) County council member.
572-33 (5) Township offices:
573-34 (A) Township assessor (only in a township referred to in
574-35 IC 36-6-5-1(d)).
575-36 (B) Township trustee.
576-37 (C) Township board member.
577-38 (D) Judge of the small claims court.
578-39 (E) Constable of the small claims court.
579-40 (6) City offices:
580-41 (A) Mayor.
581-42 (B) Clerk or clerk-treasurer.
561+31 (3) Either:
562+32 (A) on a separate screen for each office or public question; or
563+33 (B) after the offices described in subsection (h) in the form
564+34 specified in IC 3-11-14-3.5;
565+35 if voting is by an electronic voting system.
566+36 SECTION 15. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
567+37 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
568+38 JANUARY 1, 2024]: Sec. 1. A special election shall be held in the
569+39 following cases:
570+40 (1) Whenever two (2) or more candidates for a federal, state,
571+41 legislative, or circuit or school board office receive the highest
572+42 greatest and an equal number of votes for the office, except as
582573 HB 1428—LS 6232/DI 144 14
583-1 (C) Judge of the city court.
584-2 (D) City-county council member or common council member.
585-3 (7) Town offices:
586-4 (A) Clerk-treasurer.
587-5 (B) Judge of the town court.
588-6 (C) Town council member.
589-7 (8) School board offices, if the school board offices are subject
590-8 to IC 3-8-2.7-9.
591-9 (h) The political party offices with candidates for election shall be
592-10 placed on the primary election ballot in the following order after the
593-11 offices described in subsection (g):
594-12 (1) Precinct committeeman.
595-13 (2) State convention delegate.
596-14 (i) The local offices to be elected at the primary election shall be
597-15 placed on the primary election ballot after the offices described in
598-16 subsection (h).
599-17 (j) The offices described in subsection (i) shall be placed as follows:
600-18 (1) In a separate column on the ballot if voting is by paper ballot.
601-19 (2) After the offices described in subsection (h) in the form
602-20 specified in IC 3-11-13-11 if voting is by ballot card.
603-21 (3) Either:
604-22 (A) on a separate screen for each office or public question; or
605-23 (B) after the offices described in subsection (h) in the form
606-24 specified in IC 3-11-14-3.5;
607-25 if voting is by an electronic voting system.
608-26 SECTION 15. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
609-27 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
610-28 JANUARY 1, 2024]: Sec. 1. A special election shall be held in the
611-29 following cases:
612-30 (1) Whenever two (2) or more candidates for a federal, state,
613-31 legislative, or circuit or school board office receive the highest
614-32 greatest and an equal number of votes for the office, except as
615-33 provided in Article 5, Section 5 of the Constitution of the State of
616-34 Indiana. or in IC 20.
617-35 (2) Whenever a vacancy occurs in the office of United States
618-36 Senator, as provided in IC 3-13-3-1.
619-37 (3) Whenever a vacancy occurs in the office of United States
620-38 Representative unless the vacancy occurs less than seventy-four
621-39 (74) days before a general election.
622-40 (4) Whenever a vacancy occurs in any local office the filling of
623-41 which is not otherwise provided by law.
624-42 (5) Whenever required by law for a public question.
574+1 provided in Article 5, Section 5 of the Constitution of the State of
575+2 Indiana. or in IC 20.
576+3 (2) Whenever a vacancy occurs in the office of United States
577+4 Senator, as provided in IC 3-13-3-1.
578+5 (3) Whenever a vacancy occurs in the office of United States
579+6 Representative unless the vacancy occurs less than seventy-four
580+7 (74) days before a general election.
581+8 (4) Whenever a vacancy occurs in any local office the filling of
582+9 which is not otherwise provided by law.
583+10 (5) Whenever required by law for a public question.
584+11 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
585+12 recount commission under IC 3-12-11-18.
586+13 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
587+14 legislative office unless the vacancy occurs less than seventy-four
588+15 (74) days before a general election.
589+16 SECTION 16. IC 3-11-2-12, AS AMENDED BY P.L.109-2021,
590+17 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
591+18 JANUARY 1, 2024]: Sec. 12. The following offices shall be placed on
592+19 the general election ballot in the following order after the public
593+20 questions described in section 10(a) of this chapter:
594+21 (1) Federal and state offices:
595+22 (A) President and Vice President of the United States.
596+23 (B) United States Senator.
597+24 (C) Governor and lieutenant governor.
598+25 (D) Secretary of state.
599+26 (E) Auditor of state.
600+27 (F) Treasurer of state.
601+28 (G) Attorney general.
602+29 (H) United States Representative.
603+30 (2) Legislative offices:
604+31 (A) State senator.
605+32 (B) State representative.
606+33 (3) Circuit offices and county judicial offices:
607+34 (A) Judge of the circuit court, and unless otherwise specified
608+35 under IC 33, with each division separate if there is more than
609+36 one (1) judge of the circuit court.
610+37 (B) Judge of the superior court, and unless otherwise specified
611+38 under IC 33, with each division separate if there is more than
612+39 one (1) judge of the superior court.
613+40 (C) Judge of the probate court.
614+41 (D) Prosecuting attorney.
615+42 (E) Clerk of the circuit court.
625616 HB 1428—LS 6232/DI 144 15
626-1 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
627-2 recount commission under IC 3-12-11-18.
628-3 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
629-4 legislative office unless the vacancy occurs less than seventy-four
630-5 (74) days before a general election.
631-6 SECTION 16. IC 3-11-2-10, AS AMENDED BY P.L.32-2021,
632-7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
633-8 JANUARY 1, 2024]: Sec. 10. (a) Public questions shall be placed on
634-9 the general election ballot in the following order after the statement
635-10 described in section 7 of this chapter, and the instructions described in
636-11 subsections (d) and (e) and section 8 of this chapter, if instructions are
637-12 printed on the ballot:
638-13 (1) Ratification of a state constitutional amendment.
639-14 (2) Local public questions.
640-15 Subject to section 10.1 of this chapter, each public question shall be
641-16 placed in a separate column on the ballot.
642-17 (b) The name or title of the political party or independent ticket
643-18 described in section 6 of this chapter shall be placed on the general
644-19 election ballot after the public questions described in subsection (a).
645-20 The device of the political party or independent ticket shall be placed
646-21 immediately under the name of the political party or independent ticket.
647-22 Notwithstanding section 8(b) of this chapter, the instructions for voting
648-23 a straight party ticket shall be placed to the right of the device on the
649-24 ballot.
650-25 (c) The instructions for voting a straight party ticket must conform
651-26 as nearly as possible to the following:
652-27 "(1) You are not required to vote a straight party ticket. If you do
653-28 not wish to vote a straight party ticket, do not make a mark in this
654-29 section, and proceed to voting the ballot by office.
655-30 (2) To vote a straight (insert political party name) ticket for all
656-31 (insert political party name) candidates on this ballot, except for
657-32 candidates described in (3) below, make a voting mark on or in
658-33 this circle and do not make any other marks on this ballot.
659-34 (3) To vote for any candidate for an at-large office (insert county
660-35 council, city common council, town council, or township board if
661-36 those offices appear on this ballot) to which more than one (1)
662-37 person may be elected, you must make another voting mark for
663-38 each candidate you wish to vote for. Your straight party vote will
664-39 not count as a vote for any candidate for that office.
665-40 (4) If you wish to vote for a candidate for a school board
666-41 office, you must make a voting mark on the appropriate place
667-42 on this ballot for each candidate for whom you wish to vote.
617+1 (4) County offices:
618+2 (A) County auditor.
619+3 (B) County recorder.
620+4 (C) County treasurer.
621+5 (D) County sheriff.
622+6 (E) County coroner.
623+7 (F) County surveyor.
624+8 (G) County assessor.
625+9 (H) County commissioner.
626+10 (I) County council member.
627+11 (5) Township offices:
628+12 (A) Township assessor (only in a township referred to in
629+13 IC 36-6-5-1(d)).
630+14 (B) Township trustee.
631+15 (C) Township board member.
632+16 (D) Judge of the small claims court.
633+17 (E) Constable of the small claims court.
634+18 (6) City offices:
635+19 (A) Mayor.
636+20 (B) Clerk or clerk-treasurer.
637+21 (C) Judge of the city court.
638+22 (D) City-county council member or common council member.
639+23 (7) Town offices:
640+24 (A) Clerk-treasurer.
641+25 (B) Judge of the town court.
642+26 (C) Town council member.
643+27 (8) School board offices.
644+28 SECTION 17. IC 3-11-2-12.4, AS AMENDED BY P.L.109-2021,
645+29 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
646+30 JANUARY 1, 2024]: Sec. 12.4. (a) This section applies whenever more
647+31 than one (1) candidate may be elected to an office.
648+32 (b) The office shall be placed on the general election ballot after the
649+33 offices described in section 12 of this chapter. and before the offices
650+34 described in section 12.9 of this chapter.
651+35 (c) Whenever candidates are to be elected to a county council, city
652+36 common council, or town council that includes both an at-large
653+37 member and a member representing a district, the candidates seeking
654+38 election as an at-large member shall be placed on the ballot before
655+39 candidates seeking to represent a district.
656+40 (d) The ballot shall contain a statement reading substantially as
657+41 follows above the name of the first candidate: "To vote for any
658+42 candidate for this office, you must make a voting mark for each
668659 HB 1428—LS 6232/DI 144 16
669-1 Your straight party vote will not count as a vote for any
670-2 candidate for that office.
671-3 (4) (5) If you wish to vote for a candidate seeking a nonpartisan
672-4 office or on a public question, you must make another voting
673-5 mark on the appropriate place on this ballot.".
674-6 (d) Except as permitted under section 8(b) of this chapter, if the
675-7 ballot contains an independent ticket described in section 6 of this
676-8 chapter and at least one (1) other independent candidate, the ballot
677-9 must also contain a statement that reads substantially as follows: "A
678-10 vote cast for an independent ticket will only be counted for the
679-11 candidates for President and Vice President or governor and lieutenant
680-12 governor comprising that independent ticket. This vote will NOT be
681-13 counted for any OTHER independent candidate appearing on the
682-14 ballot.".
683-15 (e) Except as permitted under section 8(b) of this chapter, the ballot
684-16 must also contain a statement that reads substantially as follows: "A
685-17 write-in vote will NOT be counted unless the vote is for a DECLARED
686-18 write-in candidate. To vote for a write-in candidate, you must make a
687-19 voting mark on or in the square to the left of the name you have written
688-20 in or your vote will not be counted.".
689-21 (f) Subject to section 10.1 of this chapter, the list of candidates of
690-22 the political party shall be placed immediately under the instructions
691-23 for voting a straight party ticket. The names of the candidates shall be
692-24 placed three-fourths (3/4) of an inch apart from center to center of the
693-25 name. The name of each candidate must have, immediately on its left,
694-26 a square three-eighths (3/8) of an inch on each side.
695-27 (g) The circuit court clerk may authorize the printing of ballots
696-28 containing a ballot variation code to ensure that the proper version of
697-29 a ballot is used within a precinct.
698-30 SECTION 17. IC 3-11-2-12, AS AMENDED BY P.L.109-2021,
699-31 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
700-32 JANUARY 1, 2024]: Sec. 12. The following offices shall be placed on
701-33 the general election ballot in the following order after the public
702-34 questions described in section 10(a) of this chapter:
703-35 (1) Federal and state offices:
704-36 (A) President and Vice President of the United States.
705-37 (B) United States Senator.
706-38 (C) Governor and lieutenant governor.
707-39 (D) Secretary of state.
708-40 (E) Auditor of state.
709-41 (F) Treasurer of state.
710-42 (G) Attorney general.
660+1 candidate you wish to vote for. A straight party vote will not count as
661+2 a vote for any candidate for this office.".
662+3 SECTION 18. IC 3-11-2-12.9 IS REPEALED [EFFECTIVE
663+4 JANUARY 1, 2024]. Sec. 12.9. (a) School board offices to be elected
664+5 at the general election shall be placed on the general election ballot
665+6 after the offices described in section 12.4 of this chapter with each
666+7 candidate for the office designated as "nonpartisan".
667+8 (b) If the ballot contains a candidate for a school board office, the
668+9 ballot must also contain a statement that reads substantially as follows:
669+10 "To vote for a candidate for this office, make a voting mark on or in the
670+11 square to the left of the candidate's name.".
671+12 (c) Whenever candidates are to be elected to a school board office
672+13 that includes both an at-large member and a member representing a
673+14 district, the candidates seeking election as an at-large member shall be
674+15 placed on the ballot before candidates seeking to represent a district.
675+16 SECTION 19. IC 3-11-2-13, AS AMENDED BY P.L.190-2011,
676+17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
677+18 JANUARY 1, 2024]: Sec. 13. (a) The following offices shall be placed
678+19 on the general election ballot in the following order after the offices
679+20 described in section 12.9 12.4 of this chapter:
680+21 (1) Retention of a justice of the supreme court.
681+22 (2) Retention of a judge of the court of appeals.
682+23 (3) Retention of the judge of the tax court.
683+24 (b) Whenever more than one (1) justice of the supreme court is
684+25 subject to retention, the name of each justice must appear on the ballot
685+26 in alphabetical order. However, if the justice serving as chief justice is
686+27 subject to retention, the chief justice's name must appear first.
687+28 (c) Whenever more than one (1) judge of the court of appeals is
688+29 subject to retention, the name of each judge must appear on the ballot
689+30 in alphabetical order. However, if the judge serving as chief judge is
690+31 subject to retention, the chief judge's name must appear first.
691+32 (d) These offices shall be placed in a separate column on the ballot.
692+33 SECTION 20. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
693+34 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
694+35 JANUARY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b),
695+36 a ballot card voting system must permit a voter to vote:
696+37 (1) except at a primary election, a straight party ticket for all of
697+38 the candidates of one (1) political party by a single voting mark
698+39 on each ballot card;
699+40 (2) for one (1) or more candidates of each political party or
700+41 independent candidates, or for one (1) or more school board
701+42 candidates nominated by petition;
711702 HB 1428—LS 6232/DI 144 17
712-1 (H) United States Representative.
713-2 (2) Legislative offices:
714-3 (A) State senator.
715-4 (B) State representative.
716-5 (3) Circuit offices and county judicial offices:
717-6 (A) Judge of the circuit court, and unless otherwise specified
718-7 under IC 33, with each division separate if there is more than
719-8 one (1) judge of the circuit court.
720-9 (B) Judge of the superior court, and unless otherwise specified
721-10 under IC 33, with each division separate if there is more than
722-11 one (1) judge of the superior court.
723-12 (C) Judge of the probate court.
724-13 (D) Prosecuting attorney.
725-14 (E) Clerk of the circuit court.
726-15 (4) County offices:
727-16 (A) County auditor.
728-17 (B) County recorder.
729-18 (C) County treasurer.
730-19 (D) County sheriff.
731-20 (E) County coroner.
732-21 (F) County surveyor.
733-22 (G) County assessor.
734-23 (H) County commissioner.
735-24 (I) County council member.
736-25 (5) Township offices:
737-26 (A) Township assessor (only in a township referred to in
738-27 IC 36-6-5-1(d)).
739-28 (B) Township trustee.
740-29 (C) Township board member.
741-30 (D) Judge of the small claims court.
742-31 (E) Constable of the small claims court.
743-32 (6) City offices:
744-33 (A) Mayor.
745-34 (B) Clerk or clerk-treasurer.
746-35 (C) Judge of the city court.
747-36 (D) City-county council member or common council member.
748-37 (7) Town offices:
749-38 (A) Clerk-treasurer.
750-39 (B) Judge of the town court.
751-40 (C) Town council member.
752-41 (8) School board offices.
753-42 SECTION 18. IC 3-11-2-12.4, AS AMENDED BY P.L.109-2021,
703+1 (3) a split ticket for the candidates of different political parties
704+2 and for independent candidates; or
705+3 (4) a straight party ticket and then split that ticket by casting
706+4 individual votes for candidates of another political party or
707+5 independent candidate.
708+6 (b) A ballot card voting system must require that a voter who wishes
709+7 to cast a ballot for a candidate for election to an at-large district to
710+8 which more than one person may be elected, on a:
711+9 (1) county council;
712+10 (2) city common council;
713+11 (3) town council; or
714+12 (4) township board; or
715+13 (5) school board;
716+14 make a voting mark for each individual candidate for whom the voter
717+15 wishes to cast a vote. The ballot card voting system may not count any
718+16 straight party ticket voting mark as a vote for any candidate for an
719+17 office described by this subsection.
720+18 (c) A ballot card voting system must permit a voter to vote:
721+19 (1) for all candidates for presidential electors and alternate
722+20 presidential electors of a political party or an independent ticket
723+21 by making a single voting mark; and
724+22 (2) for or against a public question on which the voter may vote.
725+23 SECTION 21. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
726+24 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
727+25 JANUARY 1, 2024]: Sec. 10. (a) Except as provided in subsection (b),
728+26 an electronic voting system must permit a voter to vote:
729+27 (1) except at a primary election, a straight party ticket for all the
730+28 candidates of one (1) political party by touching the device of that
731+29 party;
732+30 (2) for one (1) or more candidates of each political party or
733+31 independent candidates, or for one (1) or more school board
734+32 candidates nominated by petition;
735+33 (3) a split ticket for the candidates of different political parties
736+34 and for independent candidates; or
737+35 (4) a straight party ticket and then split that ticket by casting
738+36 individual votes for candidates of another political party or
739+37 independent candidates.
740+38 (b) An electronic voting system must require that a voter who
741+39 wishes to cast a ballot for a candidate for election to an at-large district
742+40 to which more than one person may be elected, on a:
743+41 (1) county council;
744+42 (2) city common council;
754745 HB 1428—LS 6232/DI 144 18
755-1 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
756-2 JANUARY 1, 2024]: Sec. 12.4. (a) This section applies whenever more
757-3 than one (1) candidate may be elected to an office.
758-4 (b) The office shall be placed on the general election ballot after the
759-5 offices described in section 12 of this chapter. and before the offices
760-6 described in section 12.9 of this chapter.
761-7 (c) Whenever candidates are to be elected to a county council, city
762-8 common council, or town council that includes both an at-large
763-9 member and a member representing a district, the candidates seeking
764-10 election as an at-large member shall be placed on the ballot before
765-11 candidates seeking to represent a district.
766-12 (d) The ballot shall contain a statement reading substantially as
767-13 follows above the name of the first candidate: "To vote for any
768-14 candidate for this office, you must make a voting mark for each
769-15 candidate you wish to vote for. A straight party vote will not count as
770-16 a vote for any candidate for this office.".
771-17 SECTION 19. IC 3-11-2-12.9 IS REPEALED [EFFECTIVE
772-18 JANUARY 1, 2024]. Sec. 12.9. (a) School board offices to be elected
773-19 at the general election shall be placed on the general election ballot
774-20 after the offices described in section 12.4 of this chapter with each
775-21 candidate for the office designated as "nonpartisan".
776-22 (b) If the ballot contains a candidate for a school board office, the
777-23 ballot must also contain a statement that reads substantially as follows:
778-24 "To vote for a candidate for this office, make a voting mark on or in the
779-25 square to the left of the candidate's name.".
780-26 (c) Whenever candidates are to be elected to a school board office
781-27 that includes both an at-large member and a member representing a
782-28 district, the candidates seeking election as an at-large member shall be
783-29 placed on the ballot before candidates seeking to represent a district.
784-30 SECTION 20. IC 3-11-2-13, AS AMENDED BY P.L.190-2011,
785-31 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
786-32 JANUARY 1, 2024]: Sec. 13. (a) The following offices shall be placed
787-33 on the general election ballot in the following order after the offices
788-34 described in section 12.9 12.4 of this chapter:
789-35 (1) Retention of a justice of the supreme court.
790-36 (2) Retention of a judge of the court of appeals.
791-37 (3) Retention of the judge of the tax court.
792-38 (b) Whenever more than one (1) justice of the supreme court is
793-39 subject to retention, the name of each justice must appear on the ballot
794-40 in alphabetical order. However, if the justice serving as chief justice is
795-41 subject to retention, the chief justice's name must appear first.
796-42 (c) Whenever more than one (1) judge of the court of appeals is
746+1 (3) town council; or
747+2 (4) township board; or
748+3 (5) school board;
749+4 make a voting mark for each individual candidate for whom the voter
750+5 wishes to cast a vote. The electronic voting system may not count any
751+6 straight party ticket voting mark as a vote for any candidate for an
752+7 office described by this subsection.
753+8 (c) An electronic voting system must permit a voter to vote:
754+9 (1) for as many candidates for an office as the voter may vote for,
755+10 but no more;
756+11 (2) for or against a public question on which the voter may vote,
757+12 but no other; and
758+13 (3) for all the candidates for presidential electors and alternate
759+14 presidential electors of a political party or an independent ticket
760+15 by making a single voting mark.
761+16 SECTION 22. IC 3-11-13-11, AS AMENDED BY P.L.193-2021,
762+17 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
763+18 JANUARY 1, 2024]: Sec. 11. (a) The ballot information, whether
764+19 placed on the ballot card or on the marking device, must be in the order
765+20 of arrangement provided for ballots under this section.
766+21 (b) Each county election board shall have the names of all
767+22 candidates for all elected offices, political party offices, and public
768+23 questions printed on a ballot card as provided in this chapter. The
769+24 county may:
770+25 (1) print all offices and questions on a single ballot card; and
771+26 (2) include a ballot variation code to ensure that the proper
772+27 version of a ballot is used within a precinct.
773+28 (c) Each type of ballot card must be of uniform size and of the same
774+29 quality and color of paper (except as permitted under IC 3-10-1-17).
775+30 (d) The nominees of a political party or an independent candidate
776+31 or independent ticket (described in IC 3-11-2-6) nominated by
777+32 petitioners shall be listed on the ballot with the name and device set
778+33 forth on the certification or petition. The circle containing the device
779+34 may be of any size that permits a voter to readily identify the device.
780+35 IC 3-11-2-5 applies if the certification or petition does not include a
781+36 name or device, or if the same device is selected by two (2) or more
782+37 parties or petitioners.
783+38 (e) The offices and public questions on the general election ballot
784+39 must be placed on the ballot in the order listed in IC 3-11-2-12,
785+40 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),
786+41 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
787+42 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
797788 HB 1428—LS 6232/DI 144 19
798-1 subject to retention, the name of each judge must appear on the ballot
799-2 in alphabetical order. However, if the judge serving as chief judge is
800-3 subject to retention, the chief judge's name must appear first.
801-4 (d) These offices shall be placed in a separate column on the ballot.
802-5 SECTION 21. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
803-6 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
804-7 JANUARY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b),
805-8 a ballot card voting system must permit a voter to vote:
806-9 (1) except at a primary election, a straight party ticket for all of
807-10 the candidates of one (1) political party by a single voting mark
808-11 on each ballot card;
809-12 (2) for one (1) or more candidates of each political party or
810-13 independent candidates, or for one (1) or more school board
811-14 candidates nominated by petition;
812-15 (3) a split ticket for the candidates of different political parties
813-16 and for independent candidates; or
814-17 (4) a straight party ticket and then split that ticket by casting
815-18 individual votes for candidates of another political party or
816-19 independent candidate.
817-20 (b) A ballot card voting system must require that a voter who wishes
818-21 to cast a ballot for a candidate for election to an at-large district to
819-22 which more than one person may be elected, on a:
820-23 (1) county council;
821-24 (2) city common council;
822-25 (3) town council; or
823-26 (4) township board; or
824-27 (5) school board;
825-28 make a voting mark for each individual candidate for whom the voter
826-29 wishes to cast a vote. The ballot card voting system may not count any
827-30 straight party ticket voting mark as a vote for any candidate for an
828-31 office described by this subsection.
829-32 (c) A ballot card voting system must permit a voter to vote:
830-33 (1) for all candidates for presidential electors and alternate
831-34 presidential electors of a political party or an independent ticket
832-35 by making a single voting mark; and
833-36 (2) for or against a public question on which the voter may vote.
834-37 SECTION 22. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
835-38 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
836-39 JANUARY 1, 2024]: Sec. 10. (a) Except as provided in subsection (b),
837-40 an electronic voting system must permit a voter to vote:
838-41 (1) except at a primary election, a straight party ticket for all the
839-42 candidates of one (1) political party by touching the device of that
789+1 public questions may be listed in a continuous column either vertically
790+2 or horizontally and on a number of separate pages.
791+3 (f) The name of each office must be printed in a uniform size in bold
792+4 type. A statement reading substantially as follows must be placed
793+5 immediately below the name of the office and above the name of the
794+6 first candidate:
795+7 (1) "Vote for one (1) only.", if only one (1) candidate is to be
796+8 elected to the office.
797+9 (2) "Vote for not more than (insert the number of candidates to be
798+10 elected) candidate(s) for this office. To vote for any candidate for
799+11 this office, you must make a voting mark for each candidate you
800+12 wish to vote for. A straight party vote will not count as a vote for
801+13 any candidate for this office.", if more than one (1) candidate is to
802+14 be elected to the office.
803+15 (g) Below the name of the office and the statement required by
804+16 subsection (f), the names of the candidates for each office must be
805+17 grouped together in the following order:
806+18 (1) The major political party whose candidate received the highest
807+19 number of votes in the county for secretary of state at the last
808+20 election is listed first.
809+21 (2) The major political party whose candidate received the second
810+22 highest number of votes in the county for secretary of state is
811+23 listed second.
812+24 (3) All other political parties listed in the order that the parties'
813+25 candidates for secretary of state finished in the last election are
814+26 listed after the party listed in subdivision (2).
815+27 (4) If a political party did not have a candidate for secretary of
816+28 state in the last election or a nominee is an independent candidate
817+29 or independent ticket (described in IC 3-11-2-6), the party or
818+30 candidate is listed after the parties described in subdivisions (1),
819+31 (2), and (3).
820+32 (5) If more than one (1) political party or independent candidate
821+33 or ticket described in subdivision (4) qualifies to be on the ballot,
822+34 the parties, candidates, or tickets are listed in the order in which
823+35 the party filed its petition of nomination under IC 3-8-6-12.
824+36 (6) A space for write-in voting is placed after the candidates listed
825+37 in subdivisions (1) through (5), if required by law.
826+38 (7) The name of a write-in candidate may not be listed on the
827+39 ballot.
828+40 (h) The names of the candidates grouped in the order established by
829+41 subsection (g) must be printed in type with uniform capital letters and
830+42 have a uniform space between each name. The name of the candidate's
840831 HB 1428—LS 6232/DI 144 20
841-1 party;
842-2 (2) for one (1) or more candidates of each political party or
843-3 independent candidates, or for one (1) or more school board
844-4 candidates nominated by petition;
845-5 (3) a split ticket for the candidates of different political parties
846-6 and for independent candidates; or
847-7 (4) a straight party ticket and then split that ticket by casting
848-8 individual votes for candidates of another political party or
849-9 independent candidates.
850-10 (b) An electronic voting system must require that a voter who
851-11 wishes to cast a ballot for a candidate for election to an at-large district
852-12 to which more than one person may be elected, on a:
853-13 (1) county council;
854-14 (2) city common council;
855-15 (3) town council; or
856-16 (4) township board; or
857-17 (5) school board;
858-18 make a voting mark for each individual candidate for whom the voter
859-19 wishes to cast a vote. The electronic voting system may not count any
860-20 straight party ticket voting mark as a vote for any candidate for an
861-21 office described by this subsection.
862-22 (c) An electronic voting system must permit a voter to vote:
863-23 (1) for as many candidates for an office as the voter may vote for,
864-24 but no more;
865-25 (2) for or against a public question on which the voter may vote,
866-26 but no other; and
867-27 (3) for all the candidates for presidential electors and alternate
868-28 presidential electors of a political party or an independent ticket
869-29 by making a single voting mark.
870-30 SECTION 23. IC 3-11-13-11, AS AMENDED BY P.L.193-2021,
871-31 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
872-32 JANUARY 1, 2024]: Sec. 11. (a) The ballot information, whether
873-33 placed on the ballot card or on the marking device, must be in the order
874-34 of arrangement provided for ballots under this section.
875-35 (b) Each county election board shall have the names of all
876-36 candidates for all elected offices, political party offices, and public
877-37 questions printed on a ballot card as provided in this chapter. The
878-38 county may:
879-39 (1) print all offices and questions on a single ballot card; and
880-40 (2) include a ballot variation code to ensure that the proper
881-41 version of a ballot is used within a precinct.
882-42 (c) Each type of ballot card must be of uniform size and of the same
832+1 political party, or the word "Independent" if the:
833+2 (1) candidate; or
834+3 (2) ticket of candidates for:
835+4 (A) President and Vice President of the United States; or
836+5 (B) governor and lieutenant governor;
837+6 is independent, must be placed immediately below or beside the name
838+7 of the candidate and must be printed in a uniform size and type.
839+8 (i) All the candidates of the same political party for election to
840+9 at-large seats on the fiscal or legislative body of a political subdivision
841+10 must be grouped together:
842+11 (1) under the name of the office that the candidates are seeking;
843+12 (2) in the order established by subsection (g); and
844+13 (3) within the political party, in alphabetical order according to
845+14 surname.
846+15 A statement reading substantially as follows must be placed
847+16 immediately below the name of the office and above the name of the
848+17 first candidate: "Vote for not more than (insert the number of
849+18 candidates to be elected) candidate(s) of ANY party for this office.".
850+19 (j) Candidates for election to at-large seats on the governing body
851+20 of a school corporation must be grouped:
852+21 (1) under the name of the office that the candidates are seeking;
853+22 and
854+23 (2) in alphabetical order according to surname.
855+24 A statement reading substantially as follows must be placed
856+25 immediately below the name of the office and above the name of the
857+26 first candidate: "Vote for not more than (insert the number of
858+27 candidates to be elected) candidate(s) for this office.".
859+28 (k) (j) The following information must be placed at the top of the
860+29 ballot before the first public question is listed:
861+30 (1) The cautionary statement described in IC 3-11-2-7.
862+31 (2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
863+32 and IC 3-11-2-10(e).
864+33 (l) (k) The ballot must include a single connectable arrow, circle,
865+34 oval, or square, or a voting position for voting a straight party or an
866+35 independent ticket (described in IC 3-11-2-6) by one (1) mark as
867+36 required by section 14 of this chapter, and the single connectable
868+37 arrow, circle, oval, or square, or the voting position for casting a
869+38 straight party or an independent ticket ballot must be identified by:
870+39 (1) the name of the political party or independent ticket
871+40 (described in IC 3-11-2-6); and
872+41 (2) immediately below or beside the political party's or
873+42 independent ticket's name, the device of that party or ticket
883874 HB 1428—LS 6232/DI 144 21
884-1 quality and color of paper (except as permitted under IC 3-10-1-17).
885-2 (d) The nominees of a political party or an independent candidate
886-3 or independent ticket (described in IC 3-11-2-6) nominated by
887-4 petitioners shall be listed on the ballot with the name and device set
888-5 forth on the certification or petition. The circle containing the device
889-6 may be of any size that permits a voter to readily identify the device.
890-7 IC 3-11-2-5 applies if the certification or petition does not include a
891-8 name or device, or if the same device is selected by two (2) or more
892-9 parties or petitioners.
893-10 (e) The offices and public questions on the general election ballot
894-11 must be placed on the ballot in the order listed in IC 3-11-2-12,
895-12 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),
896-13 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
897-14 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
898-15 public questions may be listed in a continuous column either vertically
899-16 or horizontally and on a number of separate pages.
900-17 (f) The name of each office must be printed in a uniform size in bold
901-18 type. A statement reading substantially as follows must be placed
902-19 immediately below the name of the office and above the name of the
903-20 first candidate:
904-21 (1) "Vote for one (1) only.", if only one (1) candidate is to be
905-22 elected to the office.
906-23 (2) "Vote for not more than (insert the number of candidates to be
907-24 elected) candidate(s) for this office. To vote for any candidate for
908-25 this office, you must make a voting mark for each candidate you
909-26 wish to vote for. A straight party vote will not count as a vote for
910-27 any candidate for this office.", if more than one (1) candidate is to
911-28 be elected to the office.
912-29 (g) Below the name of the office and the statement required by
913-30 subsection (f), the names of the candidates for each office must be
914-31 grouped together in the following order:
915-32 (1) The major political party whose candidate received the highest
916-33 number of votes in the county for secretary of state at the last
917-34 election is listed first.
918-35 (2) The major political party whose candidate received the second
919-36 highest number of votes in the county for secretary of state is
920-37 listed second.
921-38 (3) All other political parties listed in the order that the parties'
922-39 candidates for secretary of state finished in the last election are
923-40 listed after the party listed in subdivision (2).
924-41 (4) If a political party did not have a candidate for secretary of
925-42 state in the last election or a nominee is an independent candidate
875+1 (described in IC 3-11-2-5).
876+2 The name and device of each political party or independent ticket must
877+3 be of uniform size and type and arranged in the order established by
878+4 subsection (g) for listing candidates under each office. The instructions
879+5 described in IC 3-11-2-10(c) for voting a straight party ticket and the
880+6 statement concerning presidential electors required under IC 3-10-4-3
881+7 must be placed on the ballot label. The instructions for voting a straight
882+8 party ticket must include the statement: "If you do not wish to vote a
883+9 straight party ticket, do not make a mark in this section and proceed to
884+10 voting the ballot by office.".
885+11 (m) (l) A public question must be in the form described in
886+12 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
887+13 arrow, a circle, or an oval may be used instead of a square. Except as
888+14 expressly authorized or required by statute, a county election board
889+15 may not print a ballot card that contains language concerning the public
890+16 question other than the language authorized by a statute.
891+17 (n) (m) The requirements in this section:
892+18 (1) do not replace; and
893+19 (2) are in addition to;
894+20 any other requirements in this title that apply to optical scan ballots.
895+21 (o) (n) The procedure described in IC 3-11-2-16 must be used when
896+22 a ballot does not comply with the requirements imposed by this title or
897+23 contains another error or omission that might result in confusion or
898+24 mistakes by voters.
899+25 (p) (o) This subsection applies to an optical scan ballot that does not
900+26 list:
901+27 (1) the names of political parties or candidates; or
902+28 (2) the text of public questions;
903+29 on the face of the ballot. The ballot must be prepared in accordance
904+30 with this section, except that the ballot must include a numbered circle
905+31 or oval to refer to each political party, candidate, or public question.
906+32 SECTION 23. IC 3-11-14-3.5, AS AMENDED BY P.L.193-2021,
907+33 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
908+34 JANUARY 1, 2024]: Sec. 3.5. (a) Each county election board shall
909+35 have the names of all candidates for all elected offices, political party
910+36 offices, and public questions printed on ballot labels for use in an
911+37 electronic voting system as provided in this chapter.
912+38 (b) The county may:
913+39 (1) print all offices and public questions on a single ballot label;
914+40 and
915+41 (2) include a ballot variation code to ensure that the proper
916+42 version of a ballot label is used within a precinct.
926917 HB 1428—LS 6232/DI 144 22
927-1 or independent ticket (described in IC 3-11-2-6), the party or
928-2 candidate is listed after the parties described in subdivisions (1),
929-3 (2), and (3).
930-4 (5) If more than one (1) political party or independent candidate
931-5 or ticket described in subdivision (4) qualifies to be on the ballot,
932-6 the parties, candidates, or tickets are listed in the order in which
933-7 the party filed its petition of nomination under IC 3-8-6-12.
934-8 (6) A space for write-in voting is placed after the candidates listed
935-9 in subdivisions (1) through (5), if required by law.
936-10 (7) The name of a write-in candidate may not be listed on the
937-11 ballot.
938-12 (h) The names of the candidates grouped in the order established by
939-13 subsection (g) must be printed in type with uniform capital letters and
940-14 have a uniform space between each name. The name of the candidate's
941-15 political party, or the word "Independent" if the:
942-16 (1) candidate; or
943-17 (2) ticket of candidates for:
944-18 (A) President and Vice President of the United States; or
945-19 (B) governor and lieutenant governor;
946-20 is independent, must be placed immediately below or beside the name
947-21 of the candidate and must be printed in a uniform size and type.
948-22 (i) All the candidates of the same political party for election to
949-23 at-large seats on the fiscal or legislative body of a political subdivision
950-24 must be grouped together:
951-25 (1) under the name of the office that the candidates are seeking;
952-26 (2) in the order established by subsection (g); and
953-27 (3) within the political party, in alphabetical order according to
954-28 surname.
955-29 A statement reading substantially as follows must be placed
956-30 immediately below the name of the office and above the name of the
957-31 first candidate: "Vote for not more than (insert the number of
958-32 candidates to be elected) candidate(s) of ANY party for this office.".
959-33 (j) Candidates for election to at-large seats on the governing body
960-34 of a school corporation must be grouped:
961-35 (1) under the name of the office that the candidates are seeking;
962-36 and
963-37 (2) in alphabetical order according to surname.
964-38 A statement reading substantially as follows must be placed
965-39 immediately below the name of the office and above the name of the
966-40 first candidate: "Vote for not more than (insert the number of
967-41 candidates to be elected) candidate(s) for this office.".
968-42 (k) (j) The following information must be placed at the top of the
918+1 (c) Each type of ballot label must be of uniform size and of the same
919+2 quality and color of paper (except as permitted under IC 3-10-1-17).
920+3 (d) The nominees of a political party or an independent candidate
921+4 or independent ticket (described in IC 3-11-2-6) nominated by
922+5 petitioners must be listed on the ballot label with the name and device
923+6 set forth on the certification or petition. The circle containing the
924+7 device may be of any size that permits a voter to readily identify the
925+8 device. IC 3-11-2-5 applies if the certification or petition does not
926+9 include a name or device, or if the same device is selected by two (2)
927+10 or more parties or petitioners.
928+11 (e) The ballot labels must list the offices and public questions on the
929+12 general election ballot in the order listed in IC 3-11-2-12,
930+13 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),
931+14 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
932+15 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
933+16 public question may have a separate screen, or the offices and public
934+17 questions may be listed in a continuous column either vertically or
935+18 horizontally.
936+19 (f) The name of each office must be printed in a uniform size in bold
937+20 type. A statement reading substantially as follows must be placed
938+21 immediately below the name of the office and above the name of the
939+22 first candidate:
940+23 (1) "Vote for one (1) only.", if only one (1) candidate is to be
941+24 elected to the office.
942+25 (2) "Vote for not more than (insert the number of candidates to be
943+26 elected) candidate(s) for this office. To vote for any candidate for
944+27 this office, you must make a voting mark for each candidate you
945+28 wish to vote for. A straight party vote will not count as a vote for
946+29 any candidate for this office.", if more than one (1) candidate is to
947+30 be elected to the office.
948+31 (g) Below the name of the office and the statement required by
949+32 subsection (f), the names of the candidates for each office must be
950+33 grouped together in the following order:
951+34 (1) The major political party whose candidate received the highest
952+35 number of votes in the county for secretary of state at the last
953+36 election is listed first.
954+37 (2) The major political party whose candidate received the second
955+38 highest number of votes in the county for secretary of state is
956+39 listed second.
957+40 (3) All other political parties listed in the order that the parties'
958+41 candidates for secretary of state finished in the last election are
959+42 listed after the party listed in subdivision (2).
969960 HB 1428—LS 6232/DI 144 23
970-1 ballot before the first public question is listed:
971-2 (1) The cautionary statement described in IC 3-11-2-7.
972-3 (2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
973-4 and IC 3-11-2-10(e).
974-5 (l) (k) The ballot must include a single connectable arrow, circle,
975-6 oval, or square, or a voting position for voting a straight party or an
976-7 independent ticket (described in IC 3-11-2-6) by one (1) mark as
977-8 required by section 14 of this chapter, and the single connectable
978-9 arrow, circle, oval, or square, or the voting position for casting a
979-10 straight party or an independent ticket ballot must be identified by:
980-11 (1) the name of the political party or independent ticket
981-12 (described in IC 3-11-2-6); and
982-13 (2) immediately below or beside the political party's or
983-14 independent ticket's name, the device of that party or ticket
984-15 (described in IC 3-11-2-5).
985-16 The name and device of each political party or independent ticket must
986-17 be of uniform size and type and arranged in the order established by
987-18 subsection (g) for listing candidates under each office. The instructions
988-19 described in IC 3-11-2-10(c) for voting a straight party ticket and the
989-20 statement concerning presidential electors required under IC 3-10-4-3
990-21 must be placed on the ballot label. The instructions for voting a straight
991-22 party ticket must include the statement: "If you do not wish to vote a
992-23 straight party ticket, do not make a mark in this section and proceed to
993-24 voting the ballot by office.".
994-25 (m) (l) A public question must be in the form described in
995-26 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
996-27 arrow, a circle, or an oval may be used instead of a square. Except as
997-28 expressly authorized or required by statute, a county election board
998-29 may not print a ballot card that contains language concerning the public
999-30 question other than the language authorized by a statute.
1000-31 (n) (m) The requirements in this section:
1001-32 (1) do not replace; and
1002-33 (2) are in addition to;
1003-34 any other requirements in this title that apply to optical scan ballots.
1004-35 (o) (n) The procedure described in IC 3-11-2-16 must be used when
1005-36 a ballot does not comply with the requirements imposed by this title or
1006-37 contains another error or omission that might result in confusion or
1007-38 mistakes by voters.
1008-39 (p) (o) This subsection applies to an optical scan ballot that does not
1009-40 list:
1010-41 (1) the names of political parties or candidates; or
1011-42 (2) the text of public questions;
961+1 (4) If a political party did not have a candidate for secretary of
962+2 state in the last election or a nominee is an independent candidate
963+3 or independent ticket (described in IC 3-11-2-6), the party or
964+4 candidate is listed after the parties described in subdivisions (1),
965+5 (2), and (3).
966+6 (5) If more than one (1) political party or independent candidate
967+7 or ticket described in subdivision (4) qualifies to be on the ballot,
968+8 the parties, candidates, or tickets are listed in the order in which
969+9 the party filed its petition of nomination under IC 3-8-6-12.
970+10 (6) A space for write-in voting is placed after the candidates listed
971+11 in subdivisions (1) through (5), if required by law. A space for
972+12 write-in voting for an office is not required if there are no
973+13 declared write-in candidates for that office. However, procedures
974+14 must be implemented to permit write-in voting for candidates for
975+15 federal offices.
976+16 (7) The name of a write-in candidate may not be listed on the
977+17 ballot.
978+18 (h) The names of the candidates grouped in the order established by
979+19 subsection (g) must be printed in type with uniform capital letters and
980+20 have a uniform space between each name. The name of the candidate's
981+21 political party, or the word "Independent", if the:
982+22 (1) candidate; or
983+23 (2) ticket of candidates for:
984+24 (A) President and Vice President of the United States; or
985+25 (B) governor and lieutenant governor;
986+26 is independent, must be placed immediately below or beside the name
987+27 of the candidate and must be printed in uniform size and type.
988+28 (i) All the candidates of the same political party for election to
989+29 at-large seats on the fiscal or legislative body of a political subdivision
990+30 must be grouped together:
991+31 (1) under the name of the office that the candidates are seeking;
992+32 (2) in the party order established by subsection (g); and
993+33 (3) within the political party, in alphabetical order according to
994+34 surname.
995+35 A statement reading substantially as follows must be placed
996+36 immediately below the name of the office and above the name of the
997+37 first candidate: "Vote for not more than (insert the number of
998+38 candidates to be elected) candidate(s) of ANY party for this office.".
999+39 (j) Candidates for election to at-large seats on the governing body
1000+40 of a school corporation must be grouped:
1001+41 (1) under the name of the office that the candidates are seeking;
1002+42 and
10121003 HB 1428—LS 6232/DI 144 24
1013-1 on the face of the ballot. The ballot must be prepared in accordance
1014-2 with this section, except that the ballot must include a numbered circle
1015-3 or oval to refer to each political party, candidate, or public question.
1016-4 SECTION 24. IC 3-11-14-3.5, AS AMENDED BY P.L.193-2021,
1017-5 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1018-6 JANUARY 1, 2024]: Sec. 3.5. (a) Each county election board shall
1019-7 have the names of all candidates for all elected offices, political party
1020-8 offices, and public questions printed on ballot labels for use in an
1021-9 electronic voting system as provided in this chapter.
1022-10 (b) The county may:
1023-11 (1) print all offices and public questions on a single ballot label;
1024-12 and
1025-13 (2) include a ballot variation code to ensure that the proper
1026-14 version of a ballot label is used within a precinct.
1027-15 (c) Each type of ballot label must be of uniform size and of the same
1028-16 quality and color of paper (except as permitted under IC 3-10-1-17).
1029-17 (d) The nominees of a political party or an independent candidate
1030-18 or independent ticket (described in IC 3-11-2-6) nominated by
1031-19 petitioners must be listed on the ballot label with the name and device
1032-20 set forth on the certification or petition. The circle containing the
1033-21 device may be of any size that permits a voter to readily identify the
1034-22 device. IC 3-11-2-5 applies if the certification or petition does not
1035-23 include a name or device, or if the same device is selected by two (2)
1036-24 or more parties or petitioners.
1037-25 (e) The ballot labels must list the offices and public questions on the
1038-26 general election ballot in the order listed in IC 3-11-2-12,
1039-27 IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
1040-28 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
1041-29 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
1042-30 public question may have a separate screen, or the offices and public
1043-31 questions may be listed in a continuous column either vertically or
1044-32 horizontally.
1045-33 (f) The name of each office must be printed in a uniform size in bold
1046-34 type. A statement reading substantially as follows must be placed
1047-35 immediately below the name of the office and above the name of the
1048-36 first candidate:
1049-37 (1) "Vote for one (1) only.", if only one (1) candidate is to be
1050-38 elected to the office.
1051-39 (2) "Vote for not more than (insert the number of candidates to be
1052-40 elected) candidate(s) for this office. To vote for any candidate for
1053-41 this office, you must make a voting mark for each candidate you
1054-42 wish to vote for. A straight party vote will not count as a vote for
1004+1 (2) in alphabetical order according to surname.
1005+2 A statement reading substantially as follows must be placed
1006+3 immediately below the name of the office and above the name of the
1007+4 first candidate: "Vote for not more than (insert the number of
1008+5 candidates to be elected) candidate(s) for this office.".
1009+6 (k) (j) The cautionary statement described in IC 3-11-2-7 must be
1010+7 placed at the top or beginning of the ballot label before the first public
1011+8 question is listed.
1012+9 (l) (k) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
1013+10 and IC 3-11-2-10(e) may be:
1014+11 (1) placed on the ballot label; or
1015+12 (2) posted in a location within the voting booth that permits the
1016+13 voter to easily read the instructions.
1017+14 (m) (l) Except as provided in section 14.5 of this chapter, the ballot
1018+15 label must include a touch sensitive point or button for voting a straight
1019+16 political party or independent ticket (described in IC 3-11-2-6) by one
1020+17 (1) touch, and the touch sensitive point or button must be identified by:
1021+18 (1) the name of the political party or independent ticket; and
1022+19 (2) immediately below or beside the political party's or
1023+20 independent ticket's name, the device of that party or ticket
1024+21 (described in IC 3-11-2-5).
1025+22 The name and device of each party or ticket must be of uniform size
1026+23 and type, and arranged in the order established by subsection (g) for
1027+24 listing candidates under each office. The instructions described in
1028+25 IC 3-11-2-10(c) for voting a straight party ticket and the statement
1029+26 concerning presidential electors required under IC 3-10-4-3 must be
1030+27 placed on the ballot label. The instructions for voting a straight party
1031+28 ticket must include the statement: "If you do not wish to vote a straight
1032+29 party ticket, press "NEXT" (or replace "NEXT" with the term used by
1033+30 that voting system to permit a voter to skip a ballot screen) to continue
1034+31 voting.".
1035+32 (n) (m) A public question must be in the form described in
1036+33 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
1037+34 point or button must be used instead of a square. Except as expressly
1038+35 authorized or required by statute, a county election board may not print
1039+36 a ballot label that contains language concerning the public question
1040+37 other than the language authorized by a statute.
1041+38 (o) (n) The requirements in this section:
1042+39 (1) do not replace; and
1043+40 (2) are in addition to;
1044+41 any other requirements in this title that apply to ballots for electronic
1045+42 voting systems.
10551046 HB 1428—LS 6232/DI 144 25
1056-1 any candidate for this office.", if more than one (1) candidate is to
1057-2 be elected to the office.
1058-3 (g) Below the name of the office and the statement required by
1059-4 subsection (f), the names of the candidates for each office must be
1060-5 grouped together in the following order:
1061-6 (1) The major political party whose candidate received the highest
1062-7 number of votes in the county for secretary of state at the last
1063-8 election is listed first.
1064-9 (2) The major political party whose candidate received the second
1065-10 highest number of votes in the county for secretary of state is
1066-11 listed second.
1067-12 (3) All other political parties listed in the order that the parties'
1068-13 candidates for secretary of state finished in the last election are
1069-14 listed after the party listed in subdivision (2).
1070-15 (4) If a political party did not have a candidate for secretary of
1071-16 state in the last election or a nominee is an independent candidate
1072-17 or independent ticket (described in IC 3-11-2-6), the party or
1073-18 candidate is listed after the parties described in subdivisions (1),
1074-19 (2), and (3).
1075-20 (5) If more than one (1) political party or independent candidate
1076-21 or ticket described in subdivision (4) qualifies to be on the ballot,
1077-22 the parties, candidates, or tickets are listed in the order in which
1078-23 the party filed its petition of nomination under IC 3-8-6-12.
1079-24 (6) A space for write-in voting is placed after the candidates listed
1080-25 in subdivisions (1) through (5), if required by law. A space for
1081-26 write-in voting for an office is not required if there are no
1082-27 declared write-in candidates for that office. However, procedures
1083-28 must be implemented to permit write-in voting for candidates for
1084-29 federal offices.
1085-30 (7) The name of a write-in candidate may not be listed on the
1086-31 ballot.
1087-32 (h) The names of the candidates grouped in the order established by
1088-33 subsection (g) must be printed in type with uniform capital letters and
1089-34 have a uniform space between each name. The name of the candidate's
1090-35 political party, or the word "Independent", if the:
1091-36 (1) candidate; or
1092-37 (2) ticket of candidates for:
1093-38 (A) President and Vice President of the United States; or
1094-39 (B) governor and lieutenant governor;
1095-40 is independent, must be placed immediately below or beside the name
1096-41 of the candidate and must be printed in uniform size and type.
1097-42 (i) All the candidates of the same political party for election to
1047+1 (p) (o) The procedure described in IC 3-11-2-16 must be used when
1048+2 a ballot label does not comply with the requirements imposed by this
1049+3 title or contains another error or omission that might result in confusion
1050+4 or mistakes by voters.
1051+5 SECTION 24. IC 3-11-14-12 IS REPEALED [EFFECTIVE
1052+6 JANUARY 1, 2024]. Sec. 12. In school district elections, the county
1053+7 election board shall arrange the names of candidates in alphabetical
1054+8 order on an electronic voting system as required by section 3.5 of this
1055+9 chapter.
1056+10 SECTION 25. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
1057+11 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1058+12 JANUARY 1, 2024]: Sec. 7. (a) This subsection applies whenever a
1059+13 voter:
1060+14 (1) votes a straight party ticket; and
1061+15 (2) votes only for one (1) or more individual candidates who are
1062+16 all of the same political party as the straight ticket vote.
1063+17 Except as provided in subsection (d) or (e), the straight ticket vote shall
1064+18 be counted and the individual candidate votes may not be counted.
1065+19 (b) This subsection applies whenever:
1066+20 (1) a voter has voted a straight party ticket for the candidates of
1067+21 one (1) political party;
1068+22 (2) only one (1) person may be elected to an office; and
1069+23 (3) the voter has voted for one (1) individual candidate for the
1070+24 office described in subdivision (2) who is:
1071+25 (A) a candidate of a political party other than the party for
1072+26 which the voter voted a straight ticket; or
1073+27 (B) an independent candidate or declared write-in candidate
1074+28 for the office.
1075+29 If the voter has voted for one (1) individual candidate for the office
1076+30 described in subdivision (2), the individual candidate vote for that
1077+31 office shall be counted, the straight party ticket vote for that office may
1078+32 not be counted, and the straight party ticket votes for other offices on
1079+33 the ballot shall be counted.
1080+34 (c) This subsection applies whenever:
1081+35 (1) a voter has voted a straight party ticket for the candidates of
1082+36 one (1) political party; and
1083+37 (2) the voter has voted for more individual candidates for the
1084+38 office than the number of persons to be elected to that office.
1085+39 The individual candidate votes for that office may not be counted, the
1086+40 straight party ticket vote for that office may not be counted, and the
1087+41 straight party ticket votes for other offices on the ballot shall be
1088+42 counted.
10981089 HB 1428—LS 6232/DI 144 26
1099-1 at-large seats on the fiscal or legislative body of a political subdivision
1100-2 must be grouped together:
1101-3 (1) under the name of the office that the candidates are seeking;
1102-4 (2) in the party order established by subsection (g); and
1103-5 (3) within the political party, in alphabetical order according to
1104-6 surname.
1105-7 A statement reading substantially as follows must be placed
1106-8 immediately below the name of the office and above the name of the
1107-9 first candidate: "Vote for not more than (insert the number of
1108-10 candidates to be elected) candidate(s) of ANY party for this office.".
1109-11 (j) Candidates for election to at-large seats on the governing body
1110-12 of a school corporation must be grouped:
1111-13 (1) under the name of the office that the candidates are seeking;
1112-14 and
1113-15 (2) in alphabetical order according to surname.
1114-16 A statement reading substantially as follows must be placed
1115-17 immediately below the name of the office and above the name of the
1116-18 first candidate: "Vote for not more than (insert the number of
1117-19 candidates to be elected) candidate(s) for this office.".
1118-20 (k) (j) The cautionary statement described in IC 3-11-2-7 must be
1119-21 placed at the top or beginning of the ballot label before the first public
1120-22 question is listed.
1121-23 (l) (k) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
1122-24 and IC 3-11-2-10(e) may be:
1123-25 (1) placed on the ballot label; or
1124-26 (2) posted in a location within the voting booth that permits the
1125-27 voter to easily read the instructions.
1126-28 (m) (l) Except as provided in section 14.5 of this chapter, the ballot
1127-29 label must include a touch sensitive point or button for voting a straight
1128-30 political party or independent ticket (described in IC 3-11-2-6) by one
1129-31 (1) touch, and the touch sensitive point or button must be identified by:
1130-32 (1) the name of the political party or independent ticket; and
1131-33 (2) immediately below or beside the political party's or
1132-34 independent ticket's name, the device of that party or ticket
1133-35 (described in IC 3-11-2-5).
1134-36 The name and device of each party or ticket must be of uniform size
1135-37 and type, and arranged in the order established by subsection (g) for
1136-38 listing candidates under each office. The instructions described in
1137-39 IC 3-11-2-10(c) for voting a straight party ticket and the statement
1138-40 concerning presidential electors required under IC 3-10-4-3 must be
1139-41 placed on the ballot label. The instructions for voting a straight party
1140-42 ticket must include the statement: "If you do not wish to vote a straight
1090+1 (d) This subsection applies whenever:
1091+2 (1) a voter has voted a straight party ticket for the candidates of
1092+3 one (1) political party;
1093+4 (2) more than one (1) person may be elected to an office; and
1094+5 (3) the voter has voted for individual candidates for the office
1095+6 described in subdivision (2) who are:
1096+7 (A) independent candidates or declared write-in candidates;
1097+8 (B) candidates of a political party other than the political party
1098+9 for which the voter cast a straight party ticket under
1099+10 subdivision (1); or
1100+11 (C) a combination of candidates described in clauses (A) and
1101+12 (B).
1102+13 The individual votes cast by the voter for the office for the independent
1103+14 candidates, declared write-in candidates, and the candidates of a
1104+15 political party other than the political party for which the voter cast a
1105+16 straight party ticket shall be counted unless the total number of these
1106+17 individual votes is greater than the number of persons to be elected to
1107+18 the office. The straight party ticket votes for the office shall not be
1108+19 counted. The straight party ticket votes for other offices on the voter's
1109+20 ballot shall be counted.
1110+21 (e) This subsection applies whenever:
1111+22 (1) a voter has voted a straight party ticket for the candidates of
1112+23 one (1) political party;
1113+24 (2) more than one (1) person may be elected to an office; and
1114+25 (3) the voter has voted for individual candidates for the office
1115+26 described in subdivision (2) who are:
1116+27 (A) independent candidates, declared write-in candidates, or
1117+28 candidates of a political party other than the political party for
1118+29 which the voter cast a straight party ticket under subdivision
1119+30 (1); and
1120+31 (B) candidates of the same political party for which the voter
1121+32 cast a straight party ticket under subdivision (1).
1122+33 The individual votes cast by the voter for the office for the independent
1123+34 candidates, the declared write-in candidates, and the candidates of a
1124+35 political party other than the political party for which the voter cast a
1125+36 straight party ticket, and the candidates of the political party for which
1126+37 the voter cast a straight party ticket shall be counted unless the total
1127+38 number of these individual votes is greater than the number of persons
1128+39 to be elected to the office. The straight party ticket votes for the office
1129+40 shall not be counted. The straight party ticket votes for other offices on
1130+41 the voter's ballot shall be counted.
1131+42 (f) If a voter votes a straight party ticket for more than one (1)
11411132 HB 1428—LS 6232/DI 144 27
1142-1 party ticket, press "NEXT" (or replace "NEXT" with the term used by
1143-2 that voting system to permit a voter to skip a ballot screen) to continue
1144-3 voting.".
1145-4 (n) (m) A public question must be in the form described in
1146-5 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
1147-6 point or button must be used instead of a square. Except as expressly
1148-7 authorized or required by statute, a county election board may not print
1149-8 a ballot label that contains language concerning the public question
1150-9 other than the language authorized by a statute.
1151-10 (o) (n) The requirements in this section:
1152-11 (1) do not replace; and
1153-12 (2) are in addition to;
1154-13 any other requirements in this title that apply to ballots for electronic
1155-14 voting systems.
1156-15 (p) (o) The procedure described in IC 3-11-2-16 must be used when
1157-16 a ballot label does not comply with the requirements imposed by this
1158-17 title or contains another error or omission that might result in confusion
1159-18 or mistakes by voters.
1160-19 SECTION 25. IC 3-11-14-12 IS REPEALED [EFFECTIVE
1161-20 JANUARY 1, 2024]. Sec. 12. In school district elections, the county
1162-21 election board shall arrange the names of candidates in alphabetical
1163-22 order on an electronic voting system as required by section 3.5 of this
1164-23 chapter.
1165-24 SECTION 26. IC 3-12-1-5, AS AMENDED BY P.L.278-2019,
1166-25 SECTION 137, IS AMENDED TO READ AS FOLLOWS
1167-26 [EFFECTIVE JANUARY 1, 2024]: Sec. 5. (a) This subsection does not
1168-27 apply to a ballot card voting system or an electronic voting system.
1169-28 Except as provided in subsection (d), a voting mark made by a voter on
1170-29 or in a voting square at the left of a candidate's name or political party's
1171-30 name shall be counted as a vote for the candidate or candidates of the
1172-31 political party.
1173-32 (b) This subsection applies to a ballot card voting system. A voting
1174-33 mark made by a voter:
1175-34 (1) on or in a circle, oval, or square; or
1176-35 (2) to connect a connectable arrow;
1177-36 immediately below or beside a candidate's name or political party's
1178-37 name shall be counted as a vote for the candidate or candidates of the
1179-38 political party, except as provided in subsection (d).
1180-39 (c) This subsection applies to a direct record electronic voting
1181-40 system. A voting mark made by a voter touching a touch sensitive point
1182-41 or button below or beside a candidate's name or political party's name
1183-42 shall be counted as a vote for the candidate or candidates of the
1133+1 political party, the whole ballot is void with regard to all candidates
1134+2 nominated by a political party, declared write-in candidates, or
1135+3 candidates designated as independent candidates on the ballot.
1136+4 However, the voter's vote for a school board candidate or on a public
1137+5 question shall be counted if otherwise valid under this chapter.
1138+6 (g) If a voter does not vote a straight party ticket and the number of
1139+7 votes cast by that voter for the candidates for an office are less than or
1140+8 equal to the number of openings for that office, the individual
1141+9 candidates votes shall be counted.
1142+10 (h) If a voter does not vote a straight party ticket and the number of
1143+11 votes cast by that voter for an office exceeds the number of openings
1144+12 for that office, none of the votes concerning that office may be counted.
1145+13 SECTION 26. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
1146+14 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1147+15 JANUARY 1, 2024]: Sec. 3. Whenever a circuit court clerk receives
1148+16 certification that a tie vote at an election for a local office or a school
1149+17 board office occurred, the clerk shall immediately send a written notice
1150+18 of the tie vote to the following:
1151+19 (1) If the tie vote occurred in an election for a local office, the
1152+20 fiscal body of the affected political subdivision. or
1153+21 (2) If the tie vote occurred in an election for a circuit office in a
1154+22 circuit that includes more than one (1) county, to the fiscal body
1155+23 of each county of the circuit.
1156+24 (3) If the tie vote occurred in an election for a school board
1157+25 office, the school board of the affected school corporation.
1158+26 SECTION 27. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
1159+27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1160+28 JANUARY 1, 2024]: Sec. 4. (a) This section does not apply if a tie
1161+29 vote occurred in an election for a school board office.
1162+30 (a) (b) The fiscal body of a political subdivision that receives notice
1163+31 under section 3 of this chapter shall resolve the tie vote by electing a
1164+32 person to fill the office not later than December 31 following the
1165+33 election at which the tie vote occurred. The fiscal body shall select one
1166+34 (1) of the candidates who was involved in the tie vote to fill the office.
1167+35 (b) (c) If a tie vote has occurred in an election for a circuit office in
1168+36 a circuit that contains more than one (1) county, the fiscal bodies of the
1169+37 counties shall meet in joint session at the county seat of the county that
1170+38 contains the greatest percentage of population of the circuit to select
1171+39 one (1) of the candidates who was involved in the tie vote in order to
1172+40 fill the office in accordance with this section.
1173+41 (c) (d) If a tie vote has occurred for the election of more than one (1)
1174+42 at-large seat on a legislative or fiscal body, the fiscal body shall select
11841175 HB 1428—LS 6232/DI 144 28
1185-1 political party, except as provided in subsection (d).
1186-2 (d) A voter who wishes to cast a ballot for a candidate for election
1187-3 to an at-large district to which more than one (1) person may be elected
1188-4 on a:
1189-5 (1) county council;
1190-6 (2) city common council;
1191-7 (3) town council; or
1192-8 (4) township board;
1193-9 must make a voting mark for each individual candidate for whom the
1194-10 voter wishes to cast a vote. A straight ticket voting mark on a paper
1195-11 ballot, ballot card voting system, or electronic voting system shall not
1196-12 be counted as a straight party ticket voting mark as a vote for any
1197-13 candidate for an office described by this subsection.
1198-14 (e) A voter who wishes to cast a ballot for a candidate for
1199-15 election to a school board office must make a voting mark for each
1200-16 individual candidate for whom the voter wishes to cast a vote. A
1201-17 straight ticket voting mark on a paper ballot, ballot card voting
1202-18 system, or electronic voting system shall not be counted as a
1203-19 straight party ticket voting mark as a vote for any candidate for an
1204-20 office described by this subsection.
1205-21 SECTION 27. IC 3-12-1-8, AS AMENDED BY P.L.278-2019,
1206-22 SECTION 138, IS AMENDED TO READ AS FOLLOWS
1207-23 [EFFECTIVE JANUARY 1, 2024]: Sec. 8. (a) Except as provided in
1208-24 subsection subsections (b) and (c), a voting mark made by a voter on
1209-25 or in a circle containing a political party device shall be counted as a
1210-26 vote for each candidate of that political party on that ballot.
1211-27 (b) A voter who wishes to cast a ballot for a candidate for election
1212-28 to an at-large district to which more than one (1) person may be elected
1213-29 on a:
1214-30 (1) county council;
1215-31 (2) city common council;
1216-32 (3) town council; or
1217-33 (4) township board;
1218-34 must make a voting mark for each individual candidate for whom the
1219-35 voter wishes to cast a vote. A voting mark on or in a circle containing
1220-36 a political party device shall not be counted as a straight party ticket
1221-37 voting mark as a vote for any candidate for an office described by this
1222-38 subsection.
1223-39 (c) A voter who wishes to cast a ballot for a candidate for
1224-40 election to a school board office must make a voting mark for each
1225-41 individual candidate for whom the voter wishes to cast a vote. A
1226-42 straight ticket voting mark on a paper ballot, ballot card voting
1176+1 the number of individuals necessary to fill each of the at-large seats for
1177+2 which the tie vote occurred. However, a member of a fiscal body who
1178+3 runs for reelection and is involved in a tie vote may not cast a vote
1179+4 under this section.
1180+5 (d) (e) The executive of the political subdivision (other than a town
1181+6 or a school corporation) may cast the deciding vote to break a tie vote
1182+7 in a fiscal body acting under this section. The clerk-treasurer of the
1183+8 town may cast the deciding vote to break a tie vote in a town fiscal
1184+9 body acting under this section. A tie vote in the fiscal body of a school
1185+10 corporation under this section shall be broken under IC 20-23.
1186+11 SECTION 28. IC 3-12-9-5 IS AMENDED TO READ AS
1187+12 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 5. Whenever a tie
1188+13 vote at an election for:
1189+14 (1) a state office; or
1190+15 (2) a local office; or
1191+16 (3) a school board office;
1192+17 occurs, the incumbent public official remains in office in accordance
1193+18 with Article 15, Section 3 of the Constitution of the State of Indiana
1194+19 until a successor is elected under this chapter and qualified.
1195+20 SECTION 29. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
1196+21 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1197+22 JANUARY 1, 2024]:
1198+23 Chapter 10.5. School Corporation Governing Body; Resolving
1199+24 Tie Votes; Filling Vacancies
1200+25 Sec. 1. As used in this chapter, "governing body" refers to either
1201+26 of the following:
1202+27 (1) The governing body of a school corporation.
1203+28 (2) The school advisory body of a school corporation.
1204+29 Sec. 2. (a) This section applies if the governing body receives
1205+30 notice under IC 3-12-9-3 that a tie vote has occurred in the election
1206+31 of a member of the governing body.
1207+32 (b) If a tie vote occurs at an election for a member of the
1208+33 governing body and one (1) of the candidates involved in the tie
1209+34 vote is an incumbent member of the governing body, the incumbent
1210+35 member remains in office in accordance with Article 15, Section 3
1211+36 of the Constitution of the State of Indiana until a successor is
1212+37 elected and qualified as provided in this section.
1213+38 (c) The members of the governing body shall resolve the tie vote
1214+39 by electing one (1) individual from among the candidates who was
1215+40 involved in the tie vote to fill the office.
1216+41 (d) If a tie vote has occurred for the election of more than one
1217+42 (1) at-large seat on the governing body, the governing body shall
12271218 HB 1428—LS 6232/DI 144 29
1228-1 system, or electronic voting system shall not be counted as a
1229-2 straight party ticket voting mark as a vote for any candidate for an
1230-3 office described by this subsection.
1231-4 SECTION 28. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
1232-5 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1233-6 JANUARY 1, 2024]: Sec. 3. Whenever a circuit court clerk receives
1234-7 certification that a tie vote at an election for a local office or a school
1235-8 board office occurred, the clerk shall immediately send a written notice
1236-9 of the tie vote to the following:
1237-10 (1) If the tie vote occurred in an election for a local office, the
1238-11 fiscal body of the affected political subdivision. or
1239-12 (2) If the tie vote occurred in an election for a circuit office in a
1240-13 circuit that includes more than one (1) county, to the fiscal body
1241-14 of each county of the circuit.
1242-15 (3) If the tie vote occurred in an election for a school board
1243-16 office, the school board of the affected school corporation.
1244-17 SECTION 29. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
1245-18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1246-19 JANUARY 1, 2024]: Sec. 4. (a) This section does not apply if a tie
1247-20 vote occurred in an election for a school board office.
1248-21 (a) (b) The fiscal body of a political subdivision that receives notice
1249-22 under section 3 of this chapter shall resolve the tie vote by electing a
1250-23 person to fill the office not later than December 31 following the
1251-24 election at which the tie vote occurred. The fiscal body shall select one
1252-25 (1) of the candidates who was involved in the tie vote to fill the office.
1253-26 (b) (c) If a tie vote has occurred in an election for a circuit office in
1254-27 a circuit that contains more than one (1) county, the fiscal bodies of the
1255-28 counties shall meet in joint session at the county seat of the county that
1256-29 contains the greatest percentage of population of the circuit to select
1257-30 one (1) of the candidates who was involved in the tie vote in order to
1258-31 fill the office in accordance with this section.
1259-32 (c) (d) If a tie vote has occurred for the election of more than one (1)
1260-33 at-large seat on a legislative or fiscal body, the fiscal body shall select
1261-34 the number of individuals necessary to fill each of the at-large seats for
1262-35 which the tie vote occurred. However, a member of a fiscal body who
1263-36 runs for reelection and is involved in a tie vote may not cast a vote
1264-37 under this section.
1265-38 (d) (e) The executive of the political subdivision (other than a town
1266-39 or a school corporation) may cast the deciding vote to break a tie vote
1267-40 in a fiscal body acting under this section. The clerk-treasurer of the
1268-41 town may cast the deciding vote to break a tie vote in a town fiscal
1269-42 body acting under this section. A tie vote in the fiscal body of a school
1219+1 select the number of individuals necessary to fill each of the
1220+2 at-large seats for which the tie vote occurred from among the
1221+3 candidates who were involved in the tie vote.
1222+4 (e) If a member of the governing body is one (1) of the
1223+5 candidates involved in the tie vote, that member may not cast a
1224+6 vote under this section.
1225+7 (f) The governing body shall act under this section not later than
1226+8 December 31 following the election at which the tie vote occurred.
1227+9 Sec. 3. (a) A vacancy on the governing body in an office that was
1228+10 last held by an individual elected or selected as a candidate of a
1229+11 major political party of Indiana shall be filled by a caucus under
1230+12 IC 3-13-11. For purposes of IC 3-13-11, an individual elected as
1231+13 provided under IC 3-8-2.7-4 who is designated as being affiliated
1232+14 with a major political party is considered to have been elected or
1233+15 selected as a candidate of that major political party.
1234+16 (b) A vacancy on the governing body in an office that was last
1235+17 held by an individual elected as a candidate other than as a
1236+18 candidate of a major political party of Indiana shall be filled as
1237+19 provided in IC 20-26-4.
1238+20 SECTION 30. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
1239+21 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1240+22 JANUARY 1, 2024]: Sec. 29.1. (a) This section applies to each school
1241+23 corporation.
1242+24 (b) If a plan provides for election of members of the governing
1243+25 body, the members of the governing body shall be elected at a general
1244+26 election. Each candidate must file a petition of nomination in
1245+27 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
1246+28 (10) registered voters residing within the boundaries of the community
1247+29 school corporation. The filing must be made within the time specified
1248+30 by IC 3-8-2.5-4. The following apply to the election of members of
1249+31 the governing body:
1250+32 (1) The plan determines whether members are elected:
1251+33 (A) by all the voters of the school corporation;
1252+34 (B) by all the voters of the school corporation from
1253+35 residence districts; or
1254+36 (C) solely by the voters of each election district established
1255+37 under the plan.
1256+38 (2) IC 3 governs the nomination and election of members of
1257+39 the governing body. A candidate must be nominated as
1258+40 provided in IC 3-8-2.5 or IC 3-8-2.7, whichever is applicable
1259+41 to the particular candidate.
1260+42 (c) All nominations shall be listed for each office in the form
12701261 HB 1428—LS 6232/DI 144 30
1271-1 corporation under this section shall be broken under IC 20-23.
1272-2 SECTION 30. IC 3-12-9-5 IS AMENDED TO READ AS
1273-3 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 5. Whenever a tie
1274-4 vote at an election for:
1275-5 (1) a state office; or
1276-6 (2) a local office; or
1277-7 (3) a school board office;
1278-8 occurs, the incumbent public official remains in office in accordance
1279-9 with Article 15, Section 3 of the Constitution of the State of Indiana
1280-10 until a successor is elected under this chapter and qualified.
1281-11 SECTION 31. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
1282-12 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1283-13 JANUARY 1, 2024]:
1284-14 Chapter 10.5. School Corporation Governing Body; Resolving
1285-15 Tie Votes; Filling Vacancies
1286-16 Sec. 1. As used in this chapter, "governing body" refers to either
1287-17 of the following:
1288-18 (1) The governing body of a school corporation.
1289-19 (2) The school advisory body of a school corporation.
1290-20 Sec. 2. (a) This section applies if the governing body receives
1291-21 notice under IC 3-12-9-3 that a tie vote has occurred in the election
1292-22 of a member of the governing body.
1293-23 (b) If a tie vote occurs at an election for a member of the
1294-24 governing body and one (1) of the candidates involved in the tie
1295-25 vote is an incumbent member of the governing body, the incumbent
1296-26 member remains in office in accordance with Article 15, Section 3
1297-27 of the Constitution of the State of Indiana until a successor is
1298-28 elected and qualified as provided in this section.
1299-29 (c) The members of the governing body shall resolve the tie vote
1300-30 by electing one (1) individual from among the candidates who was
1301-31 involved in the tie vote to fill the office.
1302-32 (d) If a tie vote has occurred for the election of more than one
1303-33 (1) at-large seat on the governing body, the governing body shall
1304-34 select the number of individuals necessary to fill each of the
1305-35 at-large seats for which the tie vote occurred from among the
1306-36 candidates who were involved in the tie vote.
1307-37 (e) If a member of the governing body is one (1) of the
1308-38 candidates involved in the tie vote, that member may not cast a
1309-39 vote under this section.
1310-40 (f) The governing body shall act under this section not later than
1311-41 December 31 following the election at which the tie vote occurred.
1312-42 Sec. 3. (a) A vacancy on the governing body in an office that was
1262+1 prescribed by IC 3-11-2, but without party designation. Voting and
1263+2 tabulation of votes shall be conducted in the same manner as voting
1264+3 and tabulation in general elections are conducted. The precinct election
1265+4 boards serving in each county shall conduct the election for members
1266+5 of the governing body. If a school corporation is located in more than
1267+6 one (1) county, each county election board shall print the ballots
1268+7 required for voters in that county to vote for candidates for members of
1269+8 the governing body.
1270+9 (d) If the plan provides that the members of the governing body
1271+10 shall be elected by all the voters of the community school corporation,
1272+11 candidates shall be placed on the ballot in the form prescribed by
1273+12 IC 3-11-2, without party designation. The candidates who receive the
1274+13 most votes are elected.
1275+14 (e) If the plan provides that members of the governing body are to
1276+15 be elected from residence districts by all voters in the community
1277+16 school corporation, nominees for the governing body shall be placed on
1278+17 the ballot in the form prescribed by IC 3-11-2, by residence districts
1279+18 without party designation. The ballot must state the number of
1280+19 members to be voted on and the maximum number of members that
1281+20 may be elected from each residence district as provided in the plan. A
1282+21 ballot is not valid if more than the maximum number of members are
1283+22 voted on from a board member residence district. The candidates who
1284+23 receive the most votes are elected. However, if more than the
1285+24 maximum number that may be elected from a residence district are
1286+25 among those receiving the most votes, the candidates from the
1287+26 residence districts exceeding the maximum number who receive the
1288+27 fewest votes shall be eliminated in determining the candidates who are
1289+28 elected.
1290+29 (f) If the plan provides that members of the governing body are to
1291+30 be elected from electoral districts solely by the voters of each district,
1292+31 nominees residing in each electoral district shall be placed on the ballot
1293+32 in the form prescribed by IC 3-11-2, without party designation. The
1294+33 ballot must state the number of members to be voted on from the
1295+34 electoral district. The candidates residing in the electoral district who
1296+35 receive the most votes are elected.
1297+36 SECTION 31. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
1298+37 SECTION 102, IS AMENDED TO READ AS FOLLOWS
1299+38 [EFFECTIVE JANUARY 1, 2024]: Sec. 30. (a) This section applies to
1300+39 each school corporation.
1301+40 (b) If a tie vote occurs among any of the candidates, the tie vote
1302+41 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
1303+42 (c) If after the first governing body takes office, fewer candidates
13131304 HB 1428—LS 6232/DI 144 31
1314-1 last held by an individual elected or selected as a candidate of a
1315-2 major political party of Indiana shall be filled by a caucus under
1316-3 IC 3-13-11. For purposes of IC 3-13-11, an individual elected as
1317-4 provided under IC 3-8-2.7-8 who is designated as being affiliated
1318-5 with a major political party is considered to have been elected or
1319-6 selected as a candidate of that major political party.
1320-7 (b) A vacancy on the governing body in an office that was last
1321-8 held by an individual elected as a candidate other than as a
1322-9 candidate of a major political party of Indiana shall be filled as
1323-10 provided in IC 20-26-4.
1324-11 SECTION 32. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
1325-12 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1326-13 JANUARY 1, 2024]: Sec. 29.1. (a) This section applies to each school
1327-14 corporation.
1328-15 (b) If a plan provides for election of members of the governing
1329-16 body, the members of the governing body shall be elected at a general
1330-17 election. Each candidate must file a petition of nomination in
1331-18 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
1332-19 (10) registered voters residing within the boundaries of the community
1333-20 school corporation. The filing must be made within the time specified
1334-21 by IC 3-8-2.5-4. The following apply to the election of members of
1335-22 the governing body:
1336-23 (1) The plan determines whether members are elected:
1337-24 (A) by all the voters of the school corporation;
1338-25 (B) by all the voters of the school corporation from
1339-26 residence districts; or
1340-27 (C) solely by the voters of each election district established
1341-28 under the plan.
1342-29 (2) IC 3 governs the nomination and election of members of
1343-30 the governing body. A candidate must be nominated as
1344-31 provided in IC 3-8-2.5 or IC 3-8-2.7, whichever is applicable
1345-32 to the particular candidate.
1346-33 (c) All nominations shall be listed for each office in the form
1347-34 prescribed by IC 3-11-2, but without party designation. Voting and
1348-35 tabulation of votes shall be conducted in the same manner as voting
1349-36 and tabulation in general elections are conducted. The precinct election
1350-37 boards serving in each county shall conduct the election for members
1351-38 of the governing body. If a school corporation is located in more than
1352-39 one (1) county, each county election board shall print the ballots
1353-40 required for voters in that county to vote for candidates for members of
1354-41 the governing body.
1355-42 (d) If the plan provides that the members of the governing body
1305+1 have been elected to the school board than there were members to be
1306+2 elected, the governing body shall determine not later than noon
1307+3 December 31 following the election which incumbent member or
1308+4 members continue to hold office under Article 15, Section 3 of the
1309+5 Constitution of the State of Indiana until a successor is elected and
1310+6 qualified. However,
1311+7 (d) If there is a vacancy on the governing body, whether the
1312+8 vacating member was elected or appointed, the remaining members of
1313+9 the governing body, whether or not a majority of the governing body,
1314+10 shall by a majority vote fill the vacancy by appointing a person from
1315+11 within the boundaries of the community school corporation to serve for
1316+12 the term or balance of the term. An individual appointed under this
1317+13 subsection must possess the qualifications provided for a regularly
1318+14 elected or appointed governing body member filling the office. If:
1319+15 (1) a tie vote occurs among the members of the governing body
1320+16 under this subsection or IC 3-12-9-4; or
1321+17 (2) the governing body fails to act within thirty (30) days after any
1322+18 vacancy occurs;
1323+19 the judge of the circuit court in the county where the majority of
1324+20 registered voters of the school corporation reside shall make the
1325+21 appointment. the vacancy shall be filled as provided in
1326+22 IC 3-13-10.5-3.
1327+23 (d) (e) A vacancy in the governing body occurs if a member ceases
1328+24 to be a resident of any the community school corporation. A vacancy
1329+25 does not occur when the member moves from a district of the school
1330+26 corporation from which the member was elected or appointed if the
1331+27 member continues to be a resident of the school corporation.
1332+28 (e) (f) At the first general election in which members of the
1333+29 governing body are elected:
1334+30 (1) a simple majority of the candidates elected as members of the
1335+31 governing body who receive the greatest number of votes shall be
1336+32 elected for four (4) year terms; and
1337+33 (2) the balance of the candidates elected as members of the
1338+34 governing body receiving the next greatest number of votes shall
1339+35 be elected for two (2) year terms.
1340+36 Thereafter, all school board members shall be elected for four (4) year
1341+37 terms.
1342+38 (f) (g) Elected governing body members take office and assume
1343+39 their duties on the date set in the school corporation's organization plan.
1344+40 The date set in the organization plan for an elected member of the
1345+41 governing body to take office may not be more than fourteen (14)
1346+42 months after the date of the member's election. If the school
13561347 HB 1428—LS 6232/DI 144 32
1357-1 shall be elected by all the voters of the community school corporation,
1358-2 candidates shall be placed on the ballot in the form prescribed by
1359-3 IC 3-11-2, without party designation. The candidates who receive the
1360-4 most votes are elected.
1361-5 (e) If the plan provides that members of the governing body are to
1362-6 be elected from residence districts by all voters in the community
1363-7 school corporation, nominees for the governing body shall be placed on
1364-8 the ballot in the form prescribed by IC 3-11-2, by residence districts
1365-9 without party designation. The ballot must state the number of
1366-10 members to be voted on and the maximum number of members that
1367-11 may be elected from each residence district as provided in the plan. A
1368-12 ballot is not valid if more than the maximum number of members are
1369-13 voted on from a board member residence district. The candidates who
1370-14 receive the most votes are elected. However, if more than the
1371-15 maximum number that may be elected from a residence district are
1372-16 among those receiving the most votes, the candidates from the
1373-17 residence districts exceeding the maximum number who receive the
1374-18 fewest votes shall be eliminated in determining the candidates who are
1375-19 elected.
1376-20 (f) If the plan provides that members of the governing body are to
1377-21 be elected from electoral districts solely by the voters of each district,
1378-22 nominees residing in each electoral district shall be placed on the ballot
1379-23 in the form prescribed by IC 3-11-2, without party designation. The
1380-24 ballot must state the number of members to be voted on from the
1381-25 electoral district. The candidates residing in the electoral district who
1382-26 receive the most votes are elected.
1383-27 SECTION 33. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
1384-28 SECTION 102, IS AMENDED TO READ AS FOLLOWS
1385-29 [EFFECTIVE JANUARY 1, 2024]: Sec. 30. (a) This section applies to
1386-30 each school corporation.
1387-31 (b) If a tie vote occurs among any of the candidates, the tie vote
1388-32 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
1389-33 (c) If after the first governing body takes office, fewer candidates
1390-34 have been elected to the school board than there were members to be
1391-35 elected, the governing body shall determine not later than noon
1392-36 December 31 following the election which incumbent member or
1393-37 members continue to hold office under Article 15, Section 3 of the
1394-38 Constitution of the State of Indiana until a successor is elected and
1395-39 qualified. However,
1396-40 (d) If there is a vacancy on the governing body, whether the
1397-41 vacating member was elected or appointed, the remaining members of
1398-42 the governing body, whether or not a majority of the governing body,
1348+1 corporation's organization plan does not set a date for an elected
1349+2 member of the governing body to take office, the member takes office
1350+3 January 1 immediately after the member's election.
1351+4 SECTION 32. IC 20-23-4-35, AS AMENDED BY P.L.169-2022,
1352+5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1353+6 JANUARY 1, 2024]: Sec. 35. (a) The governing body of a school
1354+7 corporation may be organized under this section.
1355+8 (b) The governing body consists of seven (7) members, elected as
1356+9 follows:
1357+10 (1) Four (4) members elected from districts, with one (1) member
1358+11 serving from each election district. A member elected under this
1359+12 subdivision must be:
1360+13 (A) a resident of the election district from which the member
1361+14 is elected; and
1362+15 (B) voted upon by only the registered voters residing within
1363+16 the election district and voting at a governing body election.
1364+17 (2) Three (3) members, who are voted upon by all the registered
1365+18 voters residing within the school corporation and voting at a
1366+19 governing body election, elected under this subdivision. The
1367+20 governing body shall establish three (3) residential districts as
1368+21 follows:
1369+22 (A) One (1) residential district must be the township that has
1370+23 the greatest population within the school corporation.
1371+24 (B) Two (2) residential districts must divide the remaining
1372+25 area within the school corporation.
1373+26 Only one (1) member who resides within a particular residential
1374+27 district established under this subdivision may serve on the
1375+28 governing body at a time.
1376+29 (c) A member of the governing body who is:
1377+30 (1) elected from an election or a residential district; or
1378+31 (2) appointed to fill a vacancy from an election or a residential
1379+32 district;
1380+33 must reside within the boundaries of the district the member represents.
1381+34 (d) A vacancy on the governing body shall be filled by the
1382+35 governing body as soon as practicable after the vacancy occurs. A
1383+36 member chosen by the governing body to fill a vacancy holds office for
1384+37 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
1385+38 (e) The members of the governing body serving at the time a plan
1386+39 is amended under this section shall establish the election and
1387+40 residential districts described in subsection (b).
1388+41 (f) The election districts described in subsection (b)(1):
1389+42 (1) shall be drawn on the basis of precinct lines;
13991390 HB 1428—LS 6232/DI 144 33
1400-1 shall by a majority vote fill the vacancy by appointing a person from
1401-2 within the boundaries of the community school corporation to serve for
1402-3 the term or balance of the term. An individual appointed under this
1403-4 subsection must possess the qualifications provided for a regularly
1404-5 elected or appointed governing body member filling the office. If:
1405-6 (1) a tie vote occurs among the members of the governing body
1406-7 under this subsection or IC 3-12-9-4; or
1407-8 (2) the governing body fails to act within thirty (30) days after any
1408-9 vacancy occurs;
1409-10 the judge of the circuit court in the county where the majority of
1410-11 registered voters of the school corporation reside shall make the
1411-12 appointment. the vacancy shall be filled as provided in
1412-13 IC 3-13-10.5-3.
1413-14 (d) (e) A vacancy in the governing body occurs if a member ceases
1414-15 to be a resident of any the community school corporation. A vacancy
1415-16 does not occur when the member moves from a district of the school
1416-17 corporation from which the member was elected or appointed if the
1417-18 member continues to be a resident of the school corporation.
1418-19 (e) (f) At the first general election in which members of the
1419-20 governing body are elected:
1420-21 (1) a simple majority of the candidates elected as members of the
1421-22 governing body who receive the greatest number of votes shall be
1422-23 elected for four (4) year terms; and
1423-24 (2) the balance of the candidates elected as members of the
1424-25 governing body receiving the next greatest number of votes shall
1425-26 be elected for two (2) year terms.
1426-27 Thereafter, all school board members shall be elected for four (4) year
1427-28 terms.
1428-29 (f) (g) Elected governing body members take office and assume
1429-30 their duties on the date set in the school corporation's organization plan.
1430-31 The date set in the organization plan for an elected member of the
1431-32 governing body to take office may not be more than fourteen (14)
1432-33 months after the date of the member's election. If the school
1433-34 corporation's organization plan does not set a date for an elected
1434-35 member of the governing body to take office, the member takes office
1435-36 January 1 immediately after the member's election.
1436-37 SECTION 34. IC 20-23-4-35, AS AMENDED BY P.L.169-2022,
1437-38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1438-39 JANUARY 1, 2024]: Sec. 35. (a) The governing body of a school
1439-40 corporation may be organized under this section.
1440-41 (b) The governing body consists of seven (7) members, elected as
1441-42 follows:
1391+1 (2) may not cross precinct lines; and
1392+2 (3) as nearly as practicable, be of equal population, with the
1393+3 population of the largest exceeding the population of the smallest
1394+4 by not more than fifteen percent (15%).
1395+5 (g) The residential districts described in subsection (b)(2) may:
1396+6 (1) be drawn in any manner considered appropriate by the
1397+7 governing body; and
1398+8 (2) be drawn along township lines.
1399+9 (h) The governing body shall certify the districts that are established
1400+10 under subsections (f) and (g), amended under subsection (e), or
1401+11 recertified under section 35.5 of this chapter to:
1402+12 (1) the state board; and
1403+13 (2) the circuit court clerk of each county in which the school
1404+14 corporation is located as provided in section 35.5 of this chapter.
1405+15 (i) The governing body shall designate:
1406+16 (1) three (3) of the districts established under this section to be
1407+17 elected at the first school board election that occurs after the
1408+18 effective date of the plan; and
1409+19 (2) the remaining four (4) districts to be elected at the second
1410+20 school board election that occurs after the effective date of the
1411+21 plan.
1412+22 (j) The limitations set forth in this section are part of the plan, but
1413+23 do not have to be specifically set forth in the plan. The plan must be
1414+24 construed, if possible, to comply with this chapter. If a provision of the
1415+25 plan or an application of the plan violates this chapter, the invalidity
1416+26 does not affect the other provisions or applications of the plan that can
1417+27 be given effect without the invalid provision or application. The
1418+28 provisions of the plan are severable.
1419+29 (k) IC 3-5-10 applies to a plan established under this section.
1420+30 SECTION 33. IC 20-23-4-44, AS AMENDED BY P.L.104-2022,
1421+31 SECTION 120, IS AMENDED TO READ AS FOLLOWS
1422+32 [EFFECTIVE JANUARY 1, 2024]: Sec. 44. (a) This section applies
1423+33 only to a school corporation with territory in a county having a
1424+34 population of more than one hundred eighty-five thousand (185,000)
1425+35 and less than two hundred thousand (200,000).
1426+36 (b) This section applies If there is a
1427+37 (1) tie vote in an election for a member of the governing body of
1428+38 a school corporation, or
1429+39 (2) vacancy on the governing body of a school corporation.
1430+40 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1431+41 (c) Notwithstanding any other law, If a tie vote occurs among any
1432+42 of the candidates for the governing body or a vacancy occurs on the
14421433 HB 1428—LS 6232/DI 144 34
1443-1 (1) Four (4) members elected from districts, with one (1) member
1444-2 serving from each election district. A member elected under this
1445-3 subdivision must be:
1446-4 (A) a resident of the election district from which the member
1447-5 is elected; and
1448-6 (B) voted upon by only the registered voters residing within
1449-7 the election district and voting at a governing body election.
1450-8 (2) Three (3) members, who are voted upon by all the registered
1451-9 voters residing within the school corporation and voting at a
1452-10 governing body election, elected under this subdivision. The
1453-11 governing body shall establish three (3) residential districts as
1454-12 follows:
1455-13 (A) One (1) residential district must be the township that has
1456-14 the greatest population within the school corporation.
1457-15 (B) Two (2) residential districts must divide the remaining
1458-16 area within the school corporation.
1459-17 Only one (1) member who resides within a particular residential
1460-18 district established under this subdivision may serve on the
1461-19 governing body at a time.
1462-20 (c) A member of the governing body who is:
1463-21 (1) elected from an election or a residential district; or
1464-22 (2) appointed to fill a vacancy from an election or a residential
1465-23 district;
1466-24 must reside within the boundaries of the district the member represents.
1467-25 (d) A vacancy on the governing body shall be filled by the
1468-26 governing body as soon as practicable after the vacancy occurs. A
1469-27 member chosen by the governing body to fill a vacancy holds office for
1470-28 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
1471-29 (e) The members of the governing body serving at the time a plan
1472-30 is amended under this section shall establish the election and
1473-31 residential districts described in subsection (b).
1474-32 (f) The election districts described in subsection (b)(1):
1475-33 (1) shall be drawn on the basis of precinct lines;
1476-34 (2) may not cross precinct lines; and
1477-35 (3) as nearly as practicable, be of equal population, with the
1478-36 population of the largest exceeding the population of the smallest
1479-37 by not more than fifteen percent (15%).
1480-38 (g) The residential districts described in subsection (b)(2) may:
1481-39 (1) be drawn in any manner considered appropriate by the
1482-40 governing body; and
1483-41 (2) be drawn along township lines.
1484-42 (h) The governing body shall certify the districts that are established
1434+1 governing body, the remaining members of the governing body, even
1435+2 if the remaining members do not constitute a majority of the governing
1436+3 body, shall by a majority vote of the remaining members:
1437+4 (1) select one (1) of the candidates who shall be declared and
1438+5 certified elected; or
1439+6 (2) fill the vacancy by appointing an individual to fill the vacancy.
1440+7 the vacancy shall be filled as provided in IC 3-13-10.5-3.
1441+8 (d) An individual appointed to fill a vacancy under subsection
1442+9 (c)(2):
1443+10 (1) must satisfy all the qualifications required of a member of the
1444+11 governing body; and
1445+12 (2) shall fill the remainder of the unexpired term of the vacating
1446+13 member.
1447+14 (e) If a tie vote occurs among the remaining members of the
1448+15 governing body or the governing body fails to act within thirty (30)
1449+16 days after the election or the vacancy occurs, the fiscal body (as
1450+17 defined in IC 3-5-2-25) of the township in which the greatest
1451+18 percentage of population of the school district resides shall break the
1452+19 tie or make the appointment. A member of the fiscal body who was a
1453+20 candidate and is involved in a tie vote may not cast a vote under this
1454+21 subsection.
1455+22 (f) If the fiscal body of a township is required to act under this
1456+23 section and a vote in the fiscal body results in a tie, the deciding vote
1457+24 to break the tie vote shall be cast by the executive.
1458+25 SECTION 34. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
1459+26 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1460+27 JANUARY 1, 2024]: Sec. 8.1. (a) The registered voters of the
1461+28 metropolitan school district shall elect the members of the metropolitan
1462+29 board of education at general elections held biennially, beginning with
1463+30 the next general election that is held more than sixty (60) days after the
1464+31 creation of the metropolitan school district as provided in this chapter.
1465+32 (b) Each nominee for the board must file a petition of nomination
1466+33 signed by the nominee and by ten (10) registered voters residing in the
1467+34 same board member district as the nominee. The petition must be filed
1468+35 in accordance with IC 3-8-2.5 with the circuit court clerk of each
1469+36 county in which the metropolitan school district is located.
1470+37 (c) Nominees for the board shall be listed on the general election
1471+38 ballot:
1472+39 (1) in the form prescribed by IC 3-11-2;
1473+40 (2) by board member districts; and
1474+41 (3) without party designation.
1475+42 The ballot must state the number of board members to be voted on and
14851476 HB 1428—LS 6232/DI 144 35
1486-1 under subsections (f) and (g), amended under subsection (e), or
1487-2 recertified under section 35.5 of this chapter to:
1488-3 (1) the state board; and
1489-4 (2) the circuit court clerk of each county in which the school
1490-5 corporation is located as provided in section 35.5 of this chapter.
1491-6 (i) The governing body shall designate:
1492-7 (1) three (3) of the districts established under this section to be
1493-8 elected at the first school board election that occurs after the
1494-9 effective date of the plan; and
1495-10 (2) the remaining four (4) districts to be elected at the second
1496-11 school board election that occurs after the effective date of the
1497-12 plan.
1498-13 (j) The limitations set forth in this section are part of the plan, but
1499-14 do not have to be specifically set forth in the plan. The plan must be
1500-15 construed, if possible, to comply with this chapter. If a provision of the
1501-16 plan or an application of the plan violates this chapter, the invalidity
1502-17 does not affect the other provisions or applications of the plan that can
1503-18 be given effect without the invalid provision or application. The
1504-19 provisions of the plan are severable.
1505-20 (k) IC 3-5-10 applies to a plan established under this section.
1506-21 SECTION 35. IC 20-23-4-44, AS AMENDED BY P.L.104-2022,
1507-22 SECTION 120, IS AMENDED TO READ AS FOLLOWS
1508-23 [EFFECTIVE JANUARY 1, 2024]: Sec. 44. (a) This section applies
1509-24 only to a school corporation with territory in a county having a
1510-25 population of more than one hundred eighty-five thousand (185,000)
1511-26 and less than two hundred thousand (200,000).
1512-27 (b) This section applies If there is a
1513-28 (1) tie vote in an election for a member of the governing body of
1514-29 a school corporation, or
1515-30 (2) vacancy on the governing body of a school corporation.
1516-31 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1517-32 (c) Notwithstanding any other law, If a tie vote occurs among any
1518-33 of the candidates for the governing body or a vacancy occurs on the
1519-34 governing body, the remaining members of the governing body, even
1520-35 if the remaining members do not constitute a majority of the governing
1521-36 body, shall by a majority vote of the remaining members:
1522-37 (1) select one (1) of the candidates who shall be declared and
1523-38 certified elected; or
1524-39 (2) fill the vacancy by appointing an individual to fill the vacancy.
1525-40 the vacancy shall be filled as provided in IC 3-13-10.5-3.
1526-41 (d) An individual appointed to fill a vacancy under subsection
1527-42 (c)(2):
1477+1 the maximum number of members that may be elected from each board
1478+2 member district as provided under section 5 of this chapter. A ballot
1479+3 that contains more votes than the maximum number allowed from a
1480+4 board member district is invalid.
1481+5 (d) The precinct election boards in each county serving at the
1482+6 general election shall conduct the election for school board members.
1483+7 (e) Voting and tabulation of votes shall be conducted in accordance
1484+8 with IC 3, and the candidates who receive the most votes are elected to
1485+9 the board.
1486+10 (f) If there are more candidates from a particular board member
1487+11 district than may be elected from the board member district under
1488+12 section 5 of this chapter:
1489+13 (1) the number of candidates elected is the greatest number that
1490+14 may be elected from the board member district;
1491+15 (2) the candidates elected are those who, among the candidates
1492+16 from the board member district, receive the most votes; and
1493+17 (3) the other candidates from the board member district are
1494+18 eliminated.
1495+19 (b) IC 3 governs the nomination and election of candidates. A
1496+20 candidate must be nominated as provided in IC 3-8-2.5 or
1497+21 IC 3-8-2.7, whichever is applicable to the particular candidate.
1498+22 (g) (c) If there is a tie vote among the candidates for the board, the
1499+23 judge of the circuit court in the county where the majority of the
1500+24 registered voters of the metropolitan school district reside shall select
1501+25 one (1) of the candidates who shall be declared and certified elected.
1502+26 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1503+27 (h) (d) If, at any time after the first board member election, A
1504+28 vacancy on the board that occurs for any reason including an
1505+29 insufficient number of petitions for candidates being filed, and
1506+30 regardless of whether the vacating member was elected or appointed,
1507+31 the remaining members of the board, whether or not a majority of the
1508+32 board, shall by a majority vote fill the vacancy by:
1509+33 (1) appointing a person from the board member district from
1510+34 which the person who vacated the board was elected; or
1511+35 (2) if the person was appointed, appointing a person from the
1512+36 board member district from which the last elected predecessor of
1513+37 the person was elected.
1514+38 If a majority of the remaining members of the board is unable to agree
1515+39 or the board fails to act within thirty (30) days after a vacancy occurs,
1516+40 the judge of the circuit court in the county where the majority of
1517+41 registered voters of the metropolitan school district reside shall make
1518+42 the appointment. shall be filled as provided in IC 3-13-10.5-3.
15281519 HB 1428—LS 6232/DI 144 36
1529-1 (1) must satisfy all the qualifications required of a member of the
1530-2 governing body; and
1531-3 (2) shall fill the remainder of the unexpired term of the vacating
1532-4 member.
1533-5 (e) If a tie vote occurs among the remaining members of the
1534-6 governing body or the governing body fails to act within thirty (30)
1535-7 days after the election or the vacancy occurs, the fiscal body (as
1536-8 defined in IC 3-5-2-25) of the township in which the greatest
1537-9 percentage of population of the school district resides shall break the
1538-10 tie or make the appointment. A member of the fiscal body who was a
1539-11 candidate and is involved in a tie vote may not cast a vote under this
1540-12 subsection.
1541-13 (f) If the fiscal body of a township is required to act under this
1542-14 section and a vote in the fiscal body results in a tie, the deciding vote
1543-15 to break the tie vote shall be cast by the executive.
1544-16 SECTION 36. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
1545-17 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1546-18 JANUARY 1, 2024]: Sec. 8.1. (a) The registered voters of the
1547-19 metropolitan school district shall elect the members of the metropolitan
1548-20 board of education at general elections held biennially, beginning with
1549-21 the next general election that is held more than sixty (60) days after the
1550-22 creation of the metropolitan school district as provided in this chapter.
1551-23 (b) Each nominee for the board must file a petition of nomination
1552-24 signed by the nominee and by ten (10) registered voters residing in the
1553-25 same board member district as the nominee. The petition must be filed
1554-26 in accordance with IC 3-8-2.5 with the circuit court clerk of each
1555-27 county in which the metropolitan school district is located.
1556-28 (c) Nominees for the board shall be listed on the general election
1557-29 ballot:
1558-30 (1) in the form prescribed by IC 3-11-2;
1559-31 (2) by board member districts; and
1560-32 (3) without party designation.
1561-33 The ballot must state the number of board members to be voted on and
1562-34 the maximum number of members that may be elected from each board
1563-35 member district as provided under section 5 of this chapter. A ballot
1564-36 that contains more votes than the maximum number allowed from a
1565-37 board member district is invalid.
1566-38 (d) The precinct election boards in each county serving at the
1567-39 general election shall conduct the election for school board members.
1568-40 (e) Voting and tabulation of votes shall be conducted in accordance
1569-41 with IC 3, and the candidates who receive the most votes are elected to
1570-42 the board.
1520+1 (i) At a general election held on the earlier of:
1521+2 (1) more than sixty (60) days after an elected board member
1522+3 vacates membership on the board; or
1523+4 (2) immediately before the end of the term for which the vacating
1524+5 member was elected;
1525+6 a successor to a board member appointed under subsection (h) shall be
1526+7 elected. Unless the successor takes office at the end of the term of the
1527+8 vacating member, the member shall serve only for the balance of the
1528+9 vacating member's term. In an election for a successor board member
1529+10 to fill a vacancy for a two (2) year balance of a term, candidates for
1530+11 board membership need not file for or with reference to the vacancy.
1531+12 However, as required by IC 3-11-2, candidates for at-large seats must
1532+13 be distinguished on the ballot from candidates for district seats. If there
1533+14 is more than one (1) at-large seat on the ballot due to this vacancy, the
1534+15 elected candidate who receives the fewest votes at the election at which
1535+16 the successor is elected shall serve for a two (2) year term.
1536+17 (j) (e) At the first general election where members of the board are
1537+18 elected under this section, the elected candidates who constitute a
1538+19 simple majority of the elected candidates and who receive the most
1539+20 votes shall be elected for four (4) year terms, and the other elected
1540+21 candidates shall be elected for two (2) year terms.
1541+22 (k) (f) Board members shall be elected for four (4) year terms after
1542+23 the first election and shall take office on the date set in the school
1543+24 corporation's organization plan. The date set in the organization plan
1544+25 for an elected member of the governing body to take office may not be
1545+26 more than fourteen (14) months after the date of the member's election.
1546+27 If the school corporation's organization plan does not set a date for an
1547+28 elected member of the governing body to take office, the member takes
1548+29 office January 1 immediately following the member's election.
1549+30 SECTION 35. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
1550+31 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1551+32 JANUARY 1, 2024]: Sec. 8. (a) The board members of a merged
1552+33 school corporation shall be elected at the first general election
1553+34 following the merged school corporation's creation, and vacancies shall
1554+35 be filled in accordance with IC 20-23-4-30. IC 3-13-10.5-3.
1555+36 (b) Until the first election under subsection (a), the board of trustees
1556+37 of the merged school corporation consists of the members of the
1557+38 governing body of a school corporation in the county.
1558+39 (c) The first board of trustees shall select the name of the merged
1559+40 school corporation by a majority vote. The name may be changed by
1560+41 unanimous vote of the governing body of the merged school
1561+42 corporation.
15711562 HB 1428—LS 6232/DI 144 37
1572-1 (f) If there are more candidates from a particular board member
1573-2 district than may be elected from the board member district under
1574-3 section 5 of this chapter:
1575-4 (1) the number of candidates elected is the greatest number that
1576-5 may be elected from the board member district;
1577-6 (2) the candidates elected are those who, among the candidates
1578-7 from the board member district, receive the most votes; and
1579-8 (3) the other candidates from the board member district are
1580-9 eliminated.
1581-10 (b) IC 3 governs the nomination and election of candidates. A
1582-11 candidate must be nominated as provided in IC 3-8-2.5 or
1583-12 IC 3-8-2.7, whichever is applicable to the particular candidate.
1584-13 (g) (c) If there is a tie vote among the candidates for the board, the
1585-14 judge of the circuit court in the county where the majority of the
1586-15 registered voters of the metropolitan school district reside shall select
1587-16 one (1) of the candidates who shall be declared and certified elected.
1588-17 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1589-18 (h) (d) If, at any time after the first board member election, A
1590-19 vacancy on the board that occurs for any reason including an
1591-20 insufficient number of petitions for candidates being filed, and
1592-21 regardless of whether the vacating member was elected or appointed,
1593-22 the remaining members of the board, whether or not a majority of the
1594-23 board, shall by a majority vote fill the vacancy by:
1595-24 (1) appointing a person from the board member district from
1596-25 which the person who vacated the board was elected; or
1597-26 (2) if the person was appointed, appointing a person from the
1598-27 board member district from which the last elected predecessor of
1599-28 the person was elected.
1600-29 If a majority of the remaining members of the board is unable to agree
1601-30 or the board fails to act within thirty (30) days after a vacancy occurs,
1602-31 the judge of the circuit court in the county where the majority of
1603-32 registered voters of the metropolitan school district reside shall make
1604-33 the appointment. shall be filled as provided in IC 3-13-10.5-3.
1605-34 (i) At a general election held on the earlier of:
1606-35 (1) more than sixty (60) days after an elected board member
1607-36 vacates membership on the board; or
1608-37 (2) immediately before the end of the term for which the vacating
1609-38 member was elected;
1610-39 a successor to a board member appointed under subsection (h) shall be
1611-40 elected. Unless the successor takes office at the end of the term of the
1612-41 vacating member, the member shall serve only for the balance of the
1613-42 vacating member's term. In an election for a successor board member
1563+1 SECTION 36. IC 20-23-12-3, AS AMENDED BY
1564+2 P.L.213-2018(ss), SECTION 16, IS AMENDED TO READ AS
1565+3 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 3. (a) The
1566+4 emergency manager appointed by the distressed unit appeal board
1567+5 under IC 6-1.1-20.3 shall act as the governing body of the school
1568+6 corporation and has the powers set forth in IC 6-1.1-20.3-8.5, including
1569+7 the powers and duties of the governing body of the school corporation.
1570+8 The school corporation shall also have an advisory board that consists
1571+9 of seven (7) members elected as follows:
1572+10 (1) On a nonpartisan basis.
1573+11 (2) in a general election in the county.
1574+12 The advisory board is created to provide nonbinding recommendations
1575+13 to the emergency manager.
1576+14 (b) Six (6) of the members shall be elected from the school districts
1577+15 drawn under section 4 of this chapter. Each member:
1578+16 (1) is elected from the school district in which the member
1579+17 resides; and
1580+18 (2) upon election and in conducting the business of the advisory
1581+19 board, represents the interests of the entire school corporation.
1582+20 (c) One (1) of the members elected:
1583+21 (1) is the at-large member of the advisory board;
1584+22 (2) may reside in any of the districts drawn under section 4 of this
1585+23 chapter; and
1586+24 (3) upon election and in conducting the business of the advisory
1587+25 board, represents the interests of the entire school corporation.
1588+26 (d) A per diem may not be paid to a member.
1589+27 (e) The advisory board may hold a public meeting subject to the
1590+28 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
1591+29 advisory board is subject to IC 5-14-1.5 (the open door law) for these
1592+30 meetings. The advisory board may hold additional meetings that are
1593+31 authorized as executive sessions under IC 5-14-1.5 (the open door law)
1594+32 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
1595+33 public notice requirements of IC 5-14-1.5 (the open door law) for these
1596+34 additional meetings. The records of the advisory board are subject to
1597+35 IC 5-14-3 (access to public records).
1598+36 SECTION 37. IC 20-23-12-5, AS AMENDED BY
1599+37 P.L.213-2018(ss), SECTION 17, IS AMENDED TO READ AS
1600+38 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 5. (a) The six (6)
1601+39 members who are elected for a position on the advisory board
1602+40 described under section 3(b) of this chapter are determined as follows:
1603+41 (1) Each prospective candidate must file a nomination petition
1604+42 with the board of elections and registration not earlier than one
16141605 HB 1428—LS 6232/DI 144 38
1615-1 to fill a vacancy for a two (2) year balance of a term, candidates for
1616-2 board membership need not file for or with reference to the vacancy.
1617-3 However, as required by IC 3-11-2, candidates for at-large seats must
1618-4 be distinguished on the ballot from candidates for district seats. If there
1619-5 is more than one (1) at-large seat on the ballot due to this vacancy, the
1620-6 elected candidate who receives the fewest votes at the election at which
1621-7 the successor is elected shall serve for a two (2) year term.
1622-8 (j) (e) At the first general election where members of the board are
1623-9 elected under this section, the elected candidates who constitute a
1624-10 simple majority of the elected candidates and who receive the most
1625-11 votes shall be elected for four (4) year terms, and the other elected
1626-12 candidates shall be elected for two (2) year terms.
1627-13 (k) (f) Board members shall be elected for four (4) year terms after
1628-14 the first election and shall take office on the date set in the school
1629-15 corporation's organization plan. The date set in the organization plan
1630-16 for an elected member of the governing body to take office may not be
1631-17 more than fourteen (14) months after the date of the member's election.
1632-18 If the school corporation's organization plan does not set a date for an
1633-19 elected member of the governing body to take office, the member takes
1634-20 office January 1 immediately following the member's election.
1635-21 SECTION 37. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
1636-22 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1637-23 JANUARY 1, 2024]: Sec. 8. (a) The board members of a merged
1638-24 school corporation shall be elected at the first general election
1639-25 following the merged school corporation's creation, and vacancies shall
1640-26 be filled in accordance with IC 20-23-4-30. IC 3-13-10.5-3.
1641-27 (b) Until the first election under subsection (a), the board of trustees
1642-28 of the merged school corporation consists of the members of the
1643-29 governing body of a school corporation in the county.
1644-30 (c) The first board of trustees shall select the name of the merged
1645-31 school corporation by a majority vote. The name may be changed by
1646-32 unanimous vote of the governing body of the merged school
1647-33 corporation.
1648-34 SECTION 38. IC 20-23-12-3, AS AMENDED BY
1649-35 P.L.213-2018(ss), SECTION 16, IS AMENDED TO READ AS
1650-36 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 3. (a) The
1651-37 emergency manager appointed by the distressed unit appeal board
1652-38 under IC 6-1.1-20.3 shall act as the governing body of the school
1653-39 corporation and has the powers set forth in IC 6-1.1-20.3-8.5, including
1654-40 the powers and duties of the governing body of the school corporation.
1655-41 The school corporation shall also have an advisory board that consists
1656-42 of seven (7) members elected as follows:
1606+1 hundred four (104) days and not later than noon seventy-four (74)
1607+2 days before the election at which the members are to be elected
1608+3 that includes the following information:
1609+4 (A) The name of the prospective candidate.
1610+5 (B) The district in which the prospective candidate resides.
1611+6 (C) The signatures of at least one hundred (100) registered
1612+7 voters residing in the school corporation.
1613+8 (D) The fact that the prospective candidate is running for a
1614+9 district position.
1615+10 (E) A certification that the prospective candidate meets the
1616+11 qualifications for candidacy imposed by this chapter. shall be
1617+12 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7,
1618+13 whichever is applicable to the particular candidate.
1619+14 (2) Only eligible voters residing in the district may vote for a
1620+15 candidate.
1621+16 (3) The candidate within each district who receives the greatest
1622+17 number of votes in the district is elected. IC 3 governs the
1623+18 nomination and election of members of the advisory board
1624+19 under this subsection.
1625+20 (b) The at-large member elected under section 3(c) of this chapter
1626+21 is determined as follows:
1627+22 (1) Each prospective candidate must file a nomination petition
1628+23 with the clerk of the circuit court at least seventy-four (74) days
1629+24 before the election at which the at-large member is to be elected.
1630+25 The petition must include the following information:
1631+26 (A) The name of the prospective candidate.
1632+27 (B) The signatures of at least one hundred (100) registered
1633+28 voters residing within the school corporation.
1634+29 (C) The fact that the prospective candidate is running for the
1635+30 at-large position on the advisory board.
1636+31 (D) A certification that the prospective candidate meets the
1637+32 qualifications for candidacy imposed by this chapter. shall be
1638+33 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7,
1639+34 whichever is applicable to the candidate.
1640+35 (2) Only eligible voters residing in the school corporation may
1641+36 vote for a candidate.
1642+37 (3) The candidate who:
1643+38 (A) runs for the at-large position on the advisory board; and
1644+39 (B) receives the greatest number of votes in the school
1645+40 corporation;
1646+41 is elected to the at-large position. IC 3 governs the nomination
1647+42 and election of the member of the advisory board under this
16571648 HB 1428—LS 6232/DI 144 39
1658-1 (1) On a nonpartisan basis.
1659-2 (2) in a general election in the county.
1660-3 The advisory board is created to provide nonbinding recommendations
1661-4 to the emergency manager.
1662-5 (b) Six (6) of the members shall be elected from the school districts
1663-6 drawn under section 4 of this chapter. Each member:
1664-7 (1) is elected from the school district in which the member
1665-8 resides; and
1666-9 (2) upon election and in conducting the business of the advisory
1667-10 board, represents the interests of the entire school corporation.
1668-11 (c) One (1) of the members elected:
1669-12 (1) is the at-large member of the advisory board;
1670-13 (2) may reside in any of the districts drawn under section 4 of this
1671-14 chapter; and
1672-15 (3) upon election and in conducting the business of the advisory
1673-16 board, represents the interests of the entire school corporation.
1674-17 (d) A per diem may not be paid to a member.
1675-18 (e) The advisory board may hold a public meeting subject to the
1676-19 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
1677-20 advisory board is subject to IC 5-14-1.5 (the open door law) for these
1678-21 meetings. The advisory board may hold additional meetings that are
1679-22 authorized as executive sessions under IC 5-14-1.5 (the open door law)
1680-23 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
1681-24 public notice requirements of IC 5-14-1.5 (the open door law) for these
1682-25 additional meetings. The records of the advisory board are subject to
1683-26 IC 5-14-3 (access to public records).
1684-27 SECTION 39. IC 20-23-12-5, AS AMENDED BY
1685-28 P.L.213-2018(ss), SECTION 17, IS AMENDED TO READ AS
1686-29 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 5. (a) The six (6)
1687-30 members who are elected for a position on the advisory board
1688-31 described under section 3(b) of this chapter are determined as follows:
1689-32 (1) Each prospective candidate must file a nomination petition
1690-33 with the board of elections and registration not earlier than one
1691-34 hundred four (104) days and not later than noon seventy-four (74)
1692-35 days before the election at which the members are to be elected
1693-36 that includes the following information:
1694-37 (A) The name of the prospective candidate.
1695-38 (B) The district in which the prospective candidate resides.
1696-39 (C) The signatures of at least one hundred (100) registered
1697-40 voters residing in the school corporation.
1698-41 (D) The fact that the prospective candidate is running for a
1699-42 district position.
1649+1 subsection.
1650+2 SECTION 38. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011,
1651+3 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1652+4 JANUARY 1, 2024]: Sec. 2.1. (a) As used in this section, "county
1653+5 election board" includes a board of elections and registration
1654+6 established under IC 3-6-5.2.
1655+7 (b) (a) The voters of the school corporation shall elect the members
1656+8 of the governing body at a general election for a term of four (4) years.
1657+9 The members shall be elected from the city at large without reference
1658+10 to district.
1659+11 (c) (b) Each candidate for election to the governing body must file
1660+12 a petition of nomination with the county election board in each county
1661+13 in which a school corporation subject to this chapter is located. The
1662+14 petition of nomination must comply with IC 3-8-2.5 and the following
1663+15 requirements:
1664+16 (1) The petition must be signed by at least two hundred (200)
1665+17 legal voters of the school corporation.
1666+18 (2) Each petition may nominate only one (1) candidate.
1667+19 (3) The number of petitions signed by a legal voter may not
1668+20 exceed the number of school trustees to be elected. shall be
1669+21 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7, whichever
1670+22 is applicable to the particular candidate.
1671+23 (d) (c) After all the petitions described in subsection (c) are filed
1672+24 with the county election board, the board shall publish the names of
1673+25 those nominated in accordance with IC 5-3-1 and shall certify the
1674+26 nominations in the manner required by law. IC 3 governs the election
1675+27 to the extent that it is not inconsistent with this chapter.
1676+28 (e) The county election board shall prepare the ballot for the general
1677+29 election at which members of the governing body are to be elected so
1678+30 that the names of the candidates nominated appear on the ballot:
1679+31 (1) in alphabetical order;
1680+32 (2) without party designation; and
1681+33 (3) in the form prescribed by IC 3-11-2.
1682+34 (f) The county election board shall not publish or place on the ballot
1683+35 the name of a candidate who is not eligible under this chapter for
1684+36 membership on the governing body.
1685+37 (g) (d) Each voter may vote for as many candidates as there are
1686+38 members of the governing body to be elected.
1687+39 SECTION 39. IC 20-23-14-3, AS AMENDED BY P.L.271-2013,
1688+40 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1689+41 JANUARY 1, 2024]: Sec. 3. (a) The governing body of the school
1690+42 corporation consists of five (5) members. elected on a nonpartisan
17001691 HB 1428—LS 6232/DI 144 40
1701-1 (E) A certification that the prospective candidate meets the
1702-2 qualifications for candidacy imposed by this chapter. shall be
1703-3 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7,
1704-4 whichever is applicable to the particular candidate.
1705-5 (2) Only eligible voters residing in the district may vote for a
1706-6 candidate.
1707-7 (3) The candidate within each district who receives the greatest
1708-8 number of votes in the district is elected. IC 3 governs the
1709-9 nomination and election of members of the advisory board
1710-10 under this subsection.
1711-11 (b) The at-large member elected under section 3(c) of this chapter
1712-12 is determined as follows:
1713-13 (1) Each prospective candidate must file a nomination petition
1714-14 with the clerk of the circuit court at least seventy-four (74) days
1715-15 before the election at which the at-large member is to be elected.
1716-16 The petition must include the following information:
1717-17 (A) The name of the prospective candidate.
1718-18 (B) The signatures of at least one hundred (100) registered
1719-19 voters residing within the school corporation.
1720-20 (C) The fact that the prospective candidate is running for the
1721-21 at-large position on the advisory board.
1722-22 (D) A certification that the prospective candidate meets the
1723-23 qualifications for candidacy imposed by this chapter. shall be
1724-24 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7,
1725-25 whichever is applicable to the candidate.
1726-26 (2) Only eligible voters residing in the school corporation may
1727-27 vote for a candidate.
1728-28 (3) The candidate who:
1729-29 (A) runs for the at-large position on the advisory board; and
1730-30 (B) receives the greatest number of votes in the school
1731-31 corporation;
1732-32 is elected to the at-large position. IC 3 governs the nomination
1733-33 and election of the member of the advisory board under this
1734-34 subsection.
1735-35 SECTION 40. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011,
1736-36 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1737-37 JANUARY 1, 2024]: Sec. 2.1. (a) As used in this section, "county
1738-38 election board" includes a board of elections and registration
1739-39 established under IC 3-6-5.2.
1740-40 (b) (a) The voters of the school corporation shall elect the members
1741-41 of the governing body at a general election for a term of four (4) years.
1742-42 The members shall be elected from the city at large without reference
1692+1 basis.
1693+2 (b) Three (3) of the members are elected from the school districts
1694+3 referred to in section 4.5 of this chapter by eligible voters residing in
1695+4 the school districts. Each member:
1696+5 (1) is elected from the school district in which the member
1697+6 resides; and
1698+7 (2) upon election and in conducting the business of the governing
1699+8 body, represents the interests of the entire school corporation.
1700+9 (c) Two (2) of the members:
1701+10 (1) are elected by eligible voters residing in the school
1702+11 corporation;
1703+12 (2) are at-large members of the governing body; and
1704+13 (3) upon election and in conducting the business of the governing
1705+14 body, represent the interests of the entire school corporation.
1706+15 SECTION 40. IC 20-23-14-5, AS AMENDED BY P.L.6-2012,
1707+16 SECTION 127, IS AMENDED TO READ AS FOLLOWS
1708+17 [EFFECTIVE JANUARY 1, 2024]: Sec. 5. To be eligible to be a
1709+18 candidate for the governing body under this chapter, the following
1710+19 apply:
1711+20 (1) Each prospective candidate must file a petition of nomination
1712+21 with the board of elections and registration not earlier than one
1713+22 hundred four (104) days and not later than noon seventy-four (74)
1714+23 days before the general election at which the members are to be
1715+24 elected. The petition of nomination must include the following:
1716+25 (A) The name of the prospective candidate.
1717+26 (B) Whether the prospective candidate is a district candidate
1718+27 or an at-large candidate.
1719+28 (C) A certification that the prospective candidate meets the
1720+29 qualifications for candidacy imposed under this chapter.
1721+30 (D) The signatures of at least one hundred (100) registered
1722+31 voters residing in the school corporation. for election shall be
1723+32 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7,
1724+33 whichever is applicable to the particular candidate.
1725+34 (2) Each prospective candidate for a district position must:
1726+35 (A) reside in the district; and
1727+36 (B) have resided in the district for at least the three (3) years
1728+37 immediately preceding the election.
1729+38 (3) Each prospective candidate for an at-large position must:
1730+39 (A) reside in the school corporation; and
1731+40 (B) have resided in the school corporation for at least the three
1732+41 (3) years immediately preceding the election.
1733+42 (4) Each prospective candidate (regardless of whether the
17431734 HB 1428—LS 6232/DI 144 41
1744-1 to district.
1745-2 (c) (b) Each candidate for election to the governing body must file
1746-3 a petition of nomination with the county election board in each county
1747-4 in which a school corporation subject to this chapter is located. The
1748-5 petition of nomination must comply with IC 3-8-2.5 and the following
1749-6 requirements:
1750-7 (1) The petition must be signed by at least two hundred (200)
1751-8 legal voters of the school corporation.
1752-9 (2) Each petition may nominate only one (1) candidate.
1753-10 (3) The number of petitions signed by a legal voter may not
1754-11 exceed the number of school trustees to be elected. shall be
1755-12 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7, whichever
1756-13 is applicable to the particular candidate.
1757-14 (d) (c) After all the petitions described in subsection (c) are filed
1758-15 with the county election board, the board shall publish the names of
1759-16 those nominated in accordance with IC 5-3-1 and shall certify the
1760-17 nominations in the manner required by law. IC 3 governs the election
1761-18 to the extent that it is not inconsistent with this chapter.
1762-19 (e) The county election board shall prepare the ballot for the general
1763-20 election at which members of the governing body are to be elected so
1764-21 that the names of the candidates nominated appear on the ballot:
1765-22 (1) in alphabetical order;
1766-23 (2) without party designation; and
1767-24 (3) in the form prescribed by IC 3-11-2.
1768-25 (f) The county election board shall not publish or place on the ballot
1769-26 the name of a candidate who is not eligible under this chapter for
1770-27 membership on the governing body.
1771-28 (g) (d) Each voter may vote for as many candidates as there are
1772-29 members of the governing body to be elected.
1773-30 SECTION 41. IC 20-23-14-3, AS AMENDED BY P.L.271-2013,
1774-31 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1775-32 JANUARY 1, 2024]: Sec. 3. (a) The governing body of the school
1776-33 corporation consists of five (5) members. elected on a nonpartisan
1777-34 basis.
1778-35 (b) Three (3) of the members are elected from the school districts
1779-36 referred to in section 4.5 of this chapter by eligible voters residing in
1780-37 the school districts. Each member:
1781-38 (1) is elected from the school district in which the member
1782-39 resides; and
1783-40 (2) upon election and in conducting the business of the governing
1784-41 body, represents the interests of the entire school corporation.
1785-42 (c) Two (2) of the members:
1735+1 candidate is a district candidate or an at-large candidate) must:
1736+2 (A) be a registered voter;
1737+3 (B) have been a registered voter for at least the three (3) years
1738+4 immediately preceding the election; and
1739+5 (C) be a high school graduate or have received a:
1740+6 (i) high school equivalency certificate; or
1741+7 (ii) state general educational development (GED) diploma
1742+8 under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
1743+9 (5) A prospective candidate may not:
1744+10 (A) hold any other elective or appointive office; or
1745+11 (B) have a pecuniary interest in any contract with the school
1746+12 corporation or its governing body;
1747+13 as prohibited by law.
1748+14 SECTION 41. IC 20-23-15-6, AS ADDED BY P.L.1-2005,
1749+15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1750+16 JANUARY 1, 2024]: Sec. 6. (a) The governing body of the school
1751+17 corporation consists of seven (7) members who shall be elected
1752+18 (1) on a nonpartisan basis; and
1753+19 (2) in the general election held in the county.
1754+20 (b) Five (5) of the members shall be elected from the school districts
1755+21 in which the members reside as established under section 7 of this
1756+22 chapter.
1757+23 (c) Two (2) of the members shall be elected at large.
1758+24 (d) Each candidate for election shall be nominated as provided
1759+25 in IC 3-8-2.5 or IC 3-8-2.7, whichever is applicable to the
1760+26 particular candidate.
1761+27 SECTION 42. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
1762+28 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1763+29 JANUARY 1, 2024]: Sec. 3. (a) The governing body of the school
1764+30 corporation consists of five (5) members chosen as follows:
1765+31 (1) Three (3) members shall be elected by the voters of the school
1766+32 corporation at a general election to be held in the county and
1767+33 every four (4) years thereafter.
1768+34 (2) One (1) member shall be appointed by the city executive.
1769+35 (3) One (1) member shall be appointed by the city legislative
1770+36 body.
1771+37 (b) The members elected under subsection (a)(1) shall be elected as
1772+38 follows:
1773+39 (1) On a nonpartisan basis.
1774+40 (2) (1) In a general election held in the county.
1775+41 (3) (2) By the registered voters of the entire school corporation.
1776+42 (c) The following apply to an election of members of the governing
17861777 HB 1428—LS 6232/DI 144 42
1787-1 (1) are elected by eligible voters residing in the school
1788-2 corporation;
1789-3 (2) are at-large members of the governing body; and
1790-4 (3) upon election and in conducting the business of the governing
1791-5 body, represent the interests of the entire school corporation.
1792-6 SECTION 42. IC 20-23-14-5, AS AMENDED BY P.L.6-2012,
1793-7 SECTION 127, IS AMENDED TO READ AS FOLLOWS
1794-8 [EFFECTIVE JANUARY 1, 2024]: Sec. 5. To be eligible to be a
1795-9 candidate for the governing body under this chapter, the following
1796-10 apply:
1797-11 (1) Each prospective candidate must file a petition of nomination
1798-12 with the board of elections and registration not earlier than one
1799-13 hundred four (104) days and not later than noon seventy-four (74)
1800-14 days before the general election at which the members are to be
1801-15 elected. The petition of nomination must include the following:
1802-16 (A) The name of the prospective candidate.
1803-17 (B) Whether the prospective candidate is a district candidate
1804-18 or an at-large candidate.
1805-19 (C) A certification that the prospective candidate meets the
1806-20 qualifications for candidacy imposed under this chapter.
1807-21 (D) The signatures of at least one hundred (100) registered
1808-22 voters residing in the school corporation. for election shall be
1809-23 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7,
1810-24 whichever is applicable to the particular candidate.
1811-25 (2) Each prospective candidate for a district position must:
1812-26 (A) reside in the district; and
1813-27 (B) have resided in the district for at least the three (3) years
1814-28 immediately preceding the election.
1815-29 (3) Each prospective candidate for an at-large position must:
1816-30 (A) reside in the school corporation; and
1817-31 (B) have resided in the school corporation for at least the three
1818-32 (3) years immediately preceding the election.
1819-33 (4) Each prospective candidate (regardless of whether the
1820-34 candidate is a district candidate or an at-large candidate) must:
1821-35 (A) be a registered voter;
1822-36 (B) have been a registered voter for at least the three (3) years
1823-37 immediately preceding the election; and
1824-38 (C) be a high school graduate or have received a:
1825-39 (i) high school equivalency certificate; or
1826-40 (ii) state general educational development (GED) diploma
1827-41 under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
1828-42 (5) A prospective candidate may not:
1778+1 body of the school corporation under subsection (a)(1):
1779+2 (1) Each candidate must file a petition of nomination with the
1780+3 circuit court clerk not earlier than one hundred four (104) days
1781+4 and not later than seventy-four (74) days before the election at
1782+5 which members are to be elected. The petition of nomination must
1783+6 include the following information:
1784+7 (A) The name of the candidate.
1785+8 (B) A certification that the candidate meets the qualifications
1786+9 for candidacy imposed by this chapter. for election shall be
1787+10 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7,
1788+11 whichever is applicable to the particular candidate.
1789+12 (2) Only eligible voters residing in the school corporation may
1790+13 vote for a candidate seeking election.
1791+14 SECTION 43. IC 20-23-17.2-3.1, AS AMENDED BY
1792+15 P.L.193-2021, SECTION 106, IS AMENDED TO READ AS
1793+16 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 3.1. (a) The
1794+17 governing body of the school corporation consists of five (5) members,
1795+18 elected as provided in this chapter.
1796+19 (b) Three (3) members shall be elected as follows:
1797+20 (1) From districts established as provided in section 4.1 of this
1798+21 chapter.
1799+22 (2) On a nonpartisan basis.
1800+23 (3) (2) At the general election held in the county in 2022 and
1801+24 every four (4) years thereafter.
1802+25 (c) Two (2) members shall be elected as follows:
1803+26 (1) At large by all the voters of the school corporation.
1804+27 (2) On a nonpartisan basis.
1805+28 (3) (2) At the general election held in the county in 2024 and
1806+29 every four (4) years thereafter.
1807+30 (d) The term of office of a member of the governing body:
1808+31 (1) is four (4) years; and
1809+32 (2) begins January 1 after the election of members of the
1810+33 governing body.
1811+34 (e) Upon assuming office and in conducting the business of the
1812+35 governing body, a member shall represent the interests of the entire
1813+36 school corporation.
1814+37 SECTION 44. IC 20-23-17.2-5, AS AMENDED BY P.L.222-2015,
1815+38 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1816+39 JANUARY 1, 2024]: Sec. 5. (a) The following apply to an election of
1817+40 members of the governing body of the school corporation under section
1818+41 3.1(b) of this chapter:
1819+42 (1) Each candidate must file a petition of nomination with the
18291820 HB 1428—LS 6232/DI 144 43
1830-1 (A) hold any other elective or appointive office; or
1831-2 (B) have a pecuniary interest in any contract with the school
1832-3 corporation or its governing body;
1833-4 as prohibited by law.
1834-5 SECTION 43. IC 20-23-15-6, AS ADDED BY P.L.1-2005,
1835-6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1836-7 JANUARY 1, 2024]: Sec. 6. (a) The governing body of the school
1837-8 corporation consists of seven (7) members who shall be elected
1838-9 (1) on a nonpartisan basis; and
1839-10 (2) in the general election held in the county.
1840-11 (b) Five (5) of the members shall be elected from the school districts
1841-12 in which the members reside as established under section 7 of this
1842-13 chapter.
1843-14 (c) Two (2) of the members shall be elected at large.
1844-15 (d) Each candidate for election shall be nominated as provided
1845-16 in IC 3-8-2.5 or IC 3-8-2.7, whichever is applicable to the
1846-17 particular candidate.
1847-18 SECTION 44. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
1848-19 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1849-20 JANUARY 1, 2024]: Sec. 3. (a) The governing body of the school
1850-21 corporation consists of five (5) members chosen as follows:
1851-22 (1) Three (3) members shall be elected by the voters of the school
1852-23 corporation at a general election to be held in the county and
1853-24 every four (4) years thereafter.
1854-25 (2) One (1) member shall be appointed by the city executive.
1855-26 (3) One (1) member shall be appointed by the city legislative
1856-27 body.
1857-28 (b) The members elected under subsection (a)(1) shall be elected as
1858-29 follows:
1859-30 (1) On a nonpartisan basis.
1860-31 (2) (1) In a general election held in the county.
1861-32 (3) (2) By the registered voters of the entire school corporation.
1862-33 (c) The following apply to an election of members of the governing
1863-34 body of the school corporation under subsection (a)(1):
1864-35 (1) Each candidate must file a petition of nomination with the
1865-36 circuit court clerk not earlier than one hundred four (104) days
1866-37 and not later than seventy-four (74) days before the election at
1867-38 which members are to be elected. The petition of nomination must
1868-39 include the following information:
1869-40 (A) The name of the candidate.
1870-41 (B) A certification that the candidate meets the qualifications
1871-42 for candidacy imposed by this chapter. for election shall be
1821+1 circuit court clerk not earlier than one hundred four (104) days
1822+2 and not later than seventy-four (74) days before the general
1823+3 election at which members are to be elected. The petition of
1824+4 nomination must include the following information:
1825+5 (A) The name of the candidate.
1826+6 (B) The candidate's residence address and the district in which
1827+7 the candidate resides.
1828+8 (C) The signatures of at least twenty (20) registered voters
1829+9 residing within the school corporation district the candidate
1830+10 seeks to represent.
1831+11 (D) A certification that the candidate meets the qualifications
1832+12 for candidacy imposed by this chapter.
1833+13 (E) The school corporation district that the candidate seeks to
1834+14 represent. for election shall be nominated as provided in
1835+15 IC 3-8-2.5 or IC 3-8-2.7, whichever is applicable to the
1836+16 particular candidate.
1837+17 (2) Only eligible voters residing in the school corporation district
1838+18 as provided in section 4.1 of this chapter may vote for a candidate
1839+19 to represent that school corporation district.
1840+20 (3) One (1) candidate shall be elected for each school corporation
1841+21 district provided by section 4.1 of this chapter. The candidate
1842+22 elected for a school corporation district must reside within the
1843+23 boundaries of the school corporation district. The candidate
1844+24 elected as the member for a particular school corporation district
1845+25 is the candidate who, among all the candidates who reside within
1846+26 that school corporation district, receives the greatest number of
1847+27 votes from voters residing in that school corporation district.
1848+28 (b) The following apply to an election of the members of the
1849+29 governing body of the school corporation under section 3.1(c) of this
1850+30 chapter:
1851+31 (1) Each candidate must file a petition of nomination with the
1852+32 circuit court clerk not earlier than one hundred four (104) days
1853+33 and not later than seventy-four (74) days before the general
1854+34 election at which members are to be elected. The petition of
1855+35 nomination must include the following information:
1856+36 (A) The name of the candidate.
1857+37 (B) The candidate's residence address.
1858+38 (C) The signatures of at least one hundred (100) registered
1859+39 voters residing within the school corporation.
1860+40 (D) A certification that the candidate meets the qualifications
1861+41 for candidacy imposed by this chapter.
1862+42 (E) The fact that the candidate seeks to be elected from the
18721863 HB 1428—LS 6232/DI 144 44
1873-1 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7,
1874-2 whichever is applicable to the particular candidate.
1875-3 (2) Only eligible voters residing in the school corporation may
1876-4 vote for a candidate seeking election.
1877-5 SECTION 45. IC 20-23-17.2-3.1, AS AMENDED BY
1878-6 P.L.193-2021, SECTION 106, IS AMENDED TO READ AS
1879-7 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 3.1. (a) The
1880-8 governing body of the school corporation consists of five (5) members,
1881-9 elected as provided in this chapter.
1882-10 (b) Three (3) members shall be elected as follows:
1883-11 (1) From districts established as provided in section 4.1 of this
1884-12 chapter.
1885-13 (2) On a nonpartisan basis.
1886-14 (3) (2) At the general election held in the county in 2022 and
1887-15 every four (4) years thereafter.
1888-16 (c) Two (2) members shall be elected as follows:
1889-17 (1) At large by all the voters of the school corporation.
1890-18 (2) On a nonpartisan basis.
1891-19 (3) (2) At the general election held in the county in 2024 and
1892-20 every four (4) years thereafter.
1893-21 (d) The term of office of a member of the governing body:
1894-22 (1) is four (4) years; and
1895-23 (2) begins January 1 after the election of members of the
1896-24 governing body.
1897-25 (e) Upon assuming office and in conducting the business of the
1898-26 governing body, a member shall represent the interests of the entire
1899-27 school corporation.
1900-28 SECTION 46. IC 20-23-17.2-5, AS AMENDED BY P.L.222-2015,
1901-29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1902-30 JANUARY 1, 2024]: Sec. 5. (a) The following apply to an election of
1903-31 members of the governing body of the school corporation under section
1904-32 3.1(b) of this chapter:
1905-33 (1) Each candidate must file a petition of nomination with the
1906-34 circuit court clerk not earlier than one hundred four (104) days
1907-35 and not later than seventy-four (74) days before the general
1908-36 election at which members are to be elected. The petition of
1909-37 nomination must include the following information:
1910-38 (A) The name of the candidate.
1911-39 (B) The candidate's residence address and the district in which
1912-40 the candidate resides.
1913-41 (C) The signatures of at least twenty (20) registered voters
1914-42 residing within the school corporation district the candidate
1864+1 school corporation at large. for election shall be nominated
1865+2 as provided in IC 3-8-2.5 or IC 3-8-2.7, whichever is
1866+3 applicable to the particular candidate.
1867+4 (2) Only eligible voters residing in the school corporation may
1868+5 vote for a candidate.
1869+6 (3) Two (2) candidates shall be elected at large. The two (2)
1870+7 candidates who receive the greatest number of votes among all
1871+8 candidates running for an at-large seat are elected as members of
1872+9 the governing body.
1873+10 SECTION 45. IC 20-25-3-4, AS AMENDED BY P.L.169-2022,
1874+11 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1875+12 JANUARY 1, 2024]: Sec. 4. (a) The board consists of seven (7)
1876+13 members. A member:
1877+14 (1) must be elected on a nonpartisan basis in general elections
1878+15 held in the county as specified in this section; and
1879+16 (2) serves a four (4) year term.
1880+17 (b) Five (5) members shall be elected from the school board districts
1881+18 in which the members reside, and two (2) members must be elected at
1882+19 large.
1883+20 (c) If a candidate runs for one (1) of the district positions on the
1884+21 board, only eligible voters residing in the candidate's district may vote
1885+22 for that candidate. If a person is a candidate for one (1) of the at-large
1886+23 positions, eligible voters from all the districts may vote for that
1887+24 candidate.
1888+25 (d) If a candidate files to run for a position on the board, the
1889+26 candidate must specify whether the candidate is running for a district
1890+27 or an at-large position. Each candidate for election shall be
1891+28 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7, whichever is
1892+29 applicable to the particular candidate.
1893+30 (e) A candidate who runs for a district or an at-large position wins
1894+31 if the candidate receives the greatest number of votes of all the
1895+32 candidates for the position. IC 3 governs the nomination and election
1896+33 of the members of the board under this section.
1897+34 (f) Districts shall be established within the school city by the board
1898+35 of school commissioners. The districts must be drawn on the basis of
1899+36 precinct lines, and as nearly as practicable, of equal population with the
1900+37 population of the largest district not to exceed the population of the
1901+38 smallest district by more than five percent (5%). District lines must not
1902+39 cross precinct lines. The board of school commissioners, with
1903+40 assistance from the county election board, shall establish:
1904+41 (1) balloting procedures for the election under IC 3; and
1905+42 (2) other procedures required to implement this section.
19151906 HB 1428—LS 6232/DI 144 45
1916-1 seeks to represent.
1917-2 (D) A certification that the candidate meets the qualifications
1918-3 for candidacy imposed by this chapter.
1919-4 (E) The school corporation district that the candidate seeks to
1920-5 represent. for election shall be nominated as provided in
1921-6 IC 3-8-2.5 or IC 3-8-2.7, whichever is applicable to the
1922-7 particular candidate.
1923-8 (2) Only eligible voters residing in the school corporation district
1924-9 as provided in section 4.1 of this chapter may vote for a candidate
1925-10 to represent that school corporation district.
1926-11 (3) One (1) candidate shall be elected for each school corporation
1927-12 district provided by section 4.1 of this chapter. The candidate
1928-13 elected for a school corporation district must reside within the
1929-14 boundaries of the school corporation district. The candidate
1930-15 elected as the member for a particular school corporation district
1931-16 is the candidate who, among all the candidates who reside within
1932-17 that school corporation district, receives the greatest number of
1933-18 votes from voters residing in that school corporation district.
1934-19 (b) The following apply to an election of the members of the
1935-20 governing body of the school corporation under section 3.1(c) of this
1936-21 chapter:
1937-22 (1) Each candidate must file a petition of nomination with the
1938-23 circuit court clerk not earlier than one hundred four (104) days
1939-24 and not later than seventy-four (74) days before the general
1940-25 election at which members are to be elected. The petition of
1941-26 nomination must include the following information:
1942-27 (A) The name of the candidate.
1943-28 (B) The candidate's residence address.
1944-29 (C) The signatures of at least one hundred (100) registered
1945-30 voters residing within the school corporation.
1946-31 (D) A certification that the candidate meets the qualifications
1947-32 for candidacy imposed by this chapter.
1948-33 (E) The fact that the candidate seeks to be elected from the
1949-34 school corporation at large. for election shall be nominated
1950-35 as provided in IC 3-8-2.5 or IC 3-8-2.7, whichever is
1951-36 applicable to the particular candidate.
1952-37 (2) Only eligible voters residing in the school corporation may
1953-38 vote for a candidate.
1954-39 (3) Two (2) candidates shall be elected at large. The two (2)
1955-40 candidates who receive the greatest number of votes among all
1956-41 candidates running for an at-large seat are elected as members of
1957-42 the governing body.
1907+1 (g) A member of the board serves under section 3 of this chapter.
1908+2 (h) In accordance with subsection (k), a vacancy in the board shall
1909+3 be filled temporarily by the board as soon as practicable after the
1910+4 vacancy occurs. The member chosen by the board to fill a vacancy
1911+5 holds office until the member's successor is elected and qualified. The
1912+6 successor shall be elected at the next regular school board election
1913+7 occurring after the date on which the vacancy occurs. The successor
1914+8 fills the vacancy for the remainder of the term.
1915+9 (i) An individual elected to serve on the board begins the
1916+10 individual's term on the date set in the school corporation's organization
1917+11 plan. The date set in the organization plan for an elected member of the
1918+12 board to take office may not be more than fourteen (14) months after
1919+13 the date of the member's election. If the school corporation's
1920+14 organization plan does not set a date for a member of the board to take
1921+15 office, the member takes office January 1 immediately following the
1922+16 individual's election.
1923+17 (j) Notwithstanding any law to the contrary, each voter must cast a
1924+18 vote for a school board candidate or school board candidates by voting
1925+19 system or paper ballot. However, the same method used to cast votes
1926+20 for all other offices for which candidates have qualified to be on the
1927+21 election ballot must be used for the board offices.
1928+22 (k) If a vacancy in the board exists because of the death of a
1929+23 member, the remaining members of the board shall meet and select an
1930+24 individual to fill the vacancy in accordance with subsection (h) after
1931+25 the secretary of the board receives notice of the death under IC 5-8-6.
1932+26 SECTION 46. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
1933+27 SECTION 107, IS AMENDED TO READ AS FOLLOWS
1934+28 [EFFECTIVE JANUARY 1, 2024]: Sec. 4. (a) This section does not
1935+29 apply to:
1936+30 (1) a vacancy of a member who serves on a governing body in
1937+31 an ex officio capacity; or
1938+32 (2) a vacancy in an appointed board member position if the
1939+33 plan, resolution, or law under which the school corporation
1940+34 operates specifically provides for filling vacancies by the
1941+35 appointing authority.
1942+36 (b) If fewer candidates have been elected to the school board than
1943+37 there were members to be elected, the governing body shall determine
1944+38 not later than noon December 31 following the election which
1945+39 incumbent member or members continue to hold office under Article
1946+40 15, Section 3 of the Constitution of the State of Indiana until a
1947+41 successor is elected and qualified. However,
1948+42 (c) If a vacancy in the membership of a governing body occurs for
19581949 HB 1428—LS 6232/DI 144 46
1959-1 SECTION 47. IC 20-25-3-4, AS AMENDED BY P.L.169-2022,
1960-2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1961-3 JANUARY 1, 2024]: Sec. 4. (a) The board consists of seven (7)
1962-4 members. A member:
1963-5 (1) must be elected on a nonpartisan basis in general elections
1964-6 held in the county as specified in this section; and
1965-7 (2) serves a four (4) year term.
1966-8 (b) Five (5) members shall be elected from the school board districts
1967-9 in which the members reside, and two (2) members must be elected at
1968-10 large.
1969-11 (c) If a candidate runs for one (1) of the district positions on the
1970-12 board, only eligible voters residing in the candidate's district may vote
1971-13 for that candidate. If a person is a candidate for one (1) of the at-large
1972-14 positions, eligible voters from all the districts may vote for that
1973-15 candidate.
1974-16 (d) If a candidate files to run for a position on the board, the
1975-17 candidate must specify whether the candidate is running for a district
1976-18 or an at-large position. Each candidate for election shall be
1977-19 nominated as provided in IC 3-8-2.5 or IC 3-8-2.7, whichever is
1978-20 applicable to the particular candidate.
1979-21 (e) A candidate who runs for a district or an at-large position wins
1980-22 if the candidate receives the greatest number of votes of all the
1981-23 candidates for the position. IC 3 governs the nomination and election
1982-24 of the members of the board under this section.
1983-25 (f) Districts shall be established within the school city by the board
1984-26 of school commissioners. The districts must be drawn on the basis of
1985-27 precinct lines, and as nearly as practicable, of equal population with the
1986-28 population of the largest district not to exceed the population of the
1987-29 smallest district by more than five percent (5%). District lines must not
1988-30 cross precinct lines. The board of school commissioners, with
1989-31 assistance from the county election board, shall establish:
1990-32 (1) balloting procedures for the election under IC 3; and
1991-33 (2) other procedures required to implement this section.
1992-34 (g) A member of the board serves under section 3 of this chapter.
1993-35 (h) In accordance with subsection (k), a vacancy in the board shall
1994-36 be filled temporarily by the board as soon as practicable after the
1995-37 vacancy occurs. The member chosen by the board to fill a vacancy
1996-38 holds office until the member's successor is elected and qualified. The
1997-39 successor shall be elected at the next regular school board election
1998-40 occurring after the date on which the vacancy occurs. The successor
1999-41 fills the vacancy for the remainder of the term.
2000-42 (i) An individual elected to serve on the board begins the
1950+1 any reason, whether the vacancy was of an elected or appointed
1951+2 member, the vacancy shall be filled as follows:
1952+3 (1) If the vacant office was last held by an individual elected
1953+4 or selected as a candidate of a major political party of
1954+5 Indiana, the vacancy shall be filled by a caucus under
1955+6 IC 3-13-11.
1956+7 (2) If subdivision (1) does not apply, the remaining members of
1957+8 the governing body shall by majority vote fill the vacancy by
1958+9 appointing a person an individual from within the boundaries of
1959+10 the school corporation. with the residence and other qualifications
1960+11 provided for a regularly elected or appointed board member
1961+12 filling the membership, to serve for the term or the balance of the
1962+13 term. However, this subsection does not apply to a vacancy:
1963+14 (1) of a member who serves on a governing body in an ex officio
1964+15 capacity; or
1965+16 (2) a vacancy in an appointed board membership if a plan,
1966+17 resolution, or law under which the school corporation operates
1967+18 specifically provides for filling vacancies by the appointing
1968+19 authority.
1969+20 (d) An individual appointed as provided in this section:
1970+21 (1) must possess the qualifications provided for a regularly
1971+22 elected or appointed governing body member filling the
1972+23 office; and
1973+24 (2) holds office for the remainder of the unexpired term.
1974+25 SECTION 47. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
1975+26 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1976+27 JANUARY 1, 2024]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
1977+28 this section.
1978+29 (b) If a vacancy in a school board office exists because of the death
1979+30 of a school board member, the vacancy shall be filled in accordance
1980+31 with section 4 of this chapter the remaining members of the
1981+32 governing body shall meet and select an individual to fill the vacancy
1982+33 after the secretary of the governing body receives notice of the death
1983+34 under IC 5-8-6. and in accordance with section 4 of this chapter.
1984+35 SECTION 48. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
1985+36 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1986+37 JANUARY 1, 2024]: Sec. 5. In accordance with rules adopted by the
1987+38 judges of the court under section 6 of this chapter, the presiding judge
1988+39 shall do the following:
1989+40 (1) Ensure that the court operates efficiently and judicially under
1990+41 rules adopted by the court.
1991+42 (2) Annually submit to the fiscal body of Monroe County a budget
20011992 HB 1428—LS 6232/DI 144 47
2002-1 individual's term on the date set in the school corporation's organization
2003-2 plan. The date set in the organization plan for an elected member of the
2004-3 board to take office may not be more than fourteen (14) months after
2005-4 the date of the member's election. If the school corporation's
2006-5 organization plan does not set a date for a member of the board to take
2007-6 office, the member takes office January 1 immediately following the
2008-7 individual's election.
2009-8 (j) Notwithstanding any law to the contrary, each voter must cast a
2010-9 vote for a school board candidate or school board candidates by voting
2011-10 system or paper ballot. However, the same method used to cast votes
2012-11 for all other offices for which candidates have qualified to be on the
2013-12 election ballot must be used for the board offices.
2014-13 (k) If a vacancy in the board exists because of the death of a
2015-14 member, the remaining members of the board shall meet and select an
2016-15 individual to fill the vacancy in accordance with subsection (h) after
2017-16 the secretary of the board receives notice of the death under IC 5-8-6.
2018-17 SECTION 48. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
2019-18 SECTION 107, IS AMENDED TO READ AS FOLLOWS
2020-19 [EFFECTIVE JANUARY 1, 2024]: Sec. 4. (a) This section does not
2021-20 apply to:
2022-21 (1) a vacancy of a member who serves on a governing body in
2023-22 an ex officio capacity; or
2024-23 (2) a vacancy in an appointed board member position if the
2025-24 plan, resolution, or law under which the school corporation
2026-25 operates specifically provides for filling vacancies by the
2027-26 appointing authority.
2028-27 (b) If fewer candidates have been elected to the school board than
2029-28 there were members to be elected, the governing body shall determine
2030-29 not later than noon December 31 following the election which
2031-30 incumbent member or members continue to hold office under Article
2032-31 15, Section 3 of the Constitution of the State of Indiana until a
2033-32 successor is elected and qualified. However,
2034-33 (c) If a vacancy in the membership of a governing body occurs for
2035-34 any reason, whether the vacancy was of an elected or appointed
2036-35 member, the vacancy shall be filled as follows:
2037-36 (1) If the vacant office was last held by an individual elected
2038-37 or selected as a candidate of a major political party of
2039-38 Indiana, the vacancy shall be filled by a caucus under
2040-39 IC 3-13-11.
2041-40 (2) If subdivision (1) does not apply, the remaining members of
2042-41 the governing body shall by majority vote fill the vacancy by
2043-42 appointing a person an individual from within the boundaries of
1993+1 for the court, including amounts necessary for:
1994+2 (A) the operation of the circuit's probation department;
1995+3 (B) the defense of indigents; and
1996+4 (C) maintaining an adequate law library.
1997+5 (3) Make the appointments or selections required of a circuit or
1998+6 superior court judge under the following statutes:
1999+7 IC 8-4-21-2
2000+8 IC 11-12-2-2
2001+9 IC 16-22-2-4
2002+10 IC 16-22-2-11
2003+11 IC 16-22-7
2004+12 IC 20-23-4
2005+13 IC 20-23-7-6
2006+14 IC 20-23-7-8.1
2007+15 IC 20-26-7-8
2008+16 IC 20-26-7-14
2009+17 IC 20-47-2-15
2010+18 IC 20-47-3-13
2011+19 IC 36-9
2012+20 IC 36-10
2013+21 IC 36-12-10-10.
2014+22 (4) Make appointments or selections required of a circuit or
2015+23 superior court judge by any other statute, if the appointment or
2016+24 selection is not required of the court because of an action before
2017+25 the court.
20442018 HB 1428—LS 6232/DI 144 48
2045-1 the school corporation. with the residence and other qualifications
2046-2 provided for a regularly elected or appointed board member
2047-3 filling the membership, to serve for the term or the balance of the
2048-4 term. However, this subsection does not apply to a vacancy:
2049-5 (1) of a member who serves on a governing body in an ex officio
2050-6 capacity; or
2051-7 (2) a vacancy in an appointed board membership if a plan,
2052-8 resolution, or law under which the school corporation operates
2053-9 specifically provides for filling vacancies by the appointing
2054-10 authority.
2055-11 (d) An individual appointed as provided in this section:
2056-12 (1) must possess the qualifications provided for a regularly
2057-13 elected or appointed governing body member filling the
2058-14 office; and
2059-15 (2) holds office for the remainder of the unexpired term.
2060-16 SECTION 49. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
2061-17 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2062-18 JANUARY 1, 2024]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
2063-19 this section.
2064-20 (b) If a vacancy in a school board office exists because of the death
2065-21 of a school board member, the vacancy shall be filled in accordance
2066-22 with section 4 of this chapter the remaining members of the
2067-23 governing body shall meet and select an individual to fill the vacancy
2068-24 after the secretary of the governing body receives notice of the death
2069-25 under IC 5-8-6. and in accordance with section 4 of this chapter.
2070-26 SECTION 50. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
2071-27 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2072-28 JANUARY 1, 2024]: Sec. 5. In accordance with rules adopted by the
2073-29 judges of the court under section 6 of this chapter, the presiding judge
2074-30 shall do the following:
2075-31 (1) Ensure that the court operates efficiently and judicially under
2076-32 rules adopted by the court.
2077-33 (2) Annually submit to the fiscal body of Monroe County a budget
2078-34 for the court, including amounts necessary for:
2079-35 (A) the operation of the circuit's probation department;
2080-36 (B) the defense of indigents; and
2081-37 (C) maintaining an adequate law library.
2082-38 (3) Make the appointments or selections required of a circuit or
2083-39 superior court judge under the following statutes:
2084-40 IC 8-4-21-2
2085-41 IC 11-12-2-2
2086-42 IC 16-22-2-4
2087-HB 1428—LS 6232/DI 144 49
2088-1 IC 16-22-2-11
2089-2 IC 16-22-7
2090-3 IC 20-23-4
2091-4 IC 20-23-7-6
2092-5 IC 20-23-7-8.1
2093-6 IC 20-26-7-8
2094-7 IC 20-26-7-14
2095-8 IC 20-47-2-15
2096-9 IC 20-47-3-13
2097-10 IC 36-9
2098-11 IC 36-10
2099-12 IC 36-12-10-10.
2100-13 (4) Make appointments or selections required of a circuit or
2101-14 superior court judge by any other statute, if the appointment or
2102-15 selection is not required of the court because of an action before
2103-16 the court.
2104-HB 1428—LS 6232/DI 144 50
21052019 COMMITTEE REPORT
21062020 Mr. Speaker: Your Committee on Elections and Apportionment, to
21072021 which was referred House Bill 1428, has had the same under
21082022 consideration and begs leave to report the same back to the House with
21092023 the recommendation that said bill be amended as follows:
21102024 Page 1, delete lines 11 through 17, begin a new paragraph and
21112025 insert:
21122026 "SECTION 3. IC 3-8-1-34, AS AMENDED BY P.L.233-2015,
21132027 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21142028 JANUARY 1, 2024]: Sec. 34. (a) A candidate for a school board office
21152029 must have resided in the school corporation for at least one (1) year
21162030 before the election.
21172031 (b) This subsection applies to a candidate for school board office
21182032 seeking to represent an election district that consists of less than the
21192033 entire school corporation. The candidate must have resided in the
21202034 election district for at least one (1) year before the election.
21212035 (c) A candidate for a school board office may not be an
21222036 employee or agent of that school corporation.
21232037 SECTION 4. IC 3-8-2-2 IS AMENDED TO READ AS FOLLOWS
21242038 [EFFECTIVE JANUARY 1, 2024]: Sec. 2. A person An individual
21252039 who desires to be nominated at a primary election as a candidate of a
21262040 political party subject to this chapter for a federal, state, legislative, or
21272041 local, or school board office shall file a declaration of candidacy.
21282042 SECTION 5. IC 3-8-2.5-1, AS ADDED BY P.L.179-2011,
21292043 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21302044 JANUARY 1, 2024]: Sec. 1. Except as provided in IC 3-8-2.7, this
21312045 chapter applies to a candidate for a school board office.
21322046 SECTION 6. IC 3-8-2.5-2.7 IS ADDED TO THE INDIANA CODE
21332047 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
21342048 JANUARY 1, 2024]: Sec. 2.7. (a) This section applies only if
21352049 IC 3-8-2.7-4 applies to the nomination and election of a school
21362050 corporation's school board members.
21372051 (b) In addition to the information required on a candidate's
21382052 petition of nomination under section 2.5 of this chapter, a
21392053 candidate's petition of nomination must state either of the
21402054 following:
21412055 (1) The candidate's political party affiliation.
21422056 (2) That the candidate is an independent candidate if the
21432057 candidate does not identify with a political party.
21442058 (c) Unless the candidate's political party affiliation is challenged
21452059 under section 7 of this chapter, the candidate's political party
21462060 affiliation stated on the petition shall be indicated on the general
2147-HB 1428—LS 6232/DI 144 51
2061+HB 1428—LS 6232/DI 144 49
21482062 election ballot in the manner determined by the county election
21492063 board.
21502064 (d) If a candidate claims affiliation with a major political party
21512065 under subsection (b), the candidate must have voted in the two (2)
21522066 most recent primary elections in Indiana held by the party with
21532067 which the candidate claims affiliation. The petition of nomination
21542068 form must provide a place for the candidate to affirm the
21552069 candidate's primary election participation, if the candidate chooses
21562070 affiliation with a major political party. If the candidate did not vote
21572071 in the two (2) most recent primary elections in Indiana held by the
21582072 party with which the candidate claims affiliation, the county
21592073 chairman of:
21602074 (1) the political party with which the candidate claims
21612075 affiliation; and
21622076 (2) the county in which the candidate resides;
21632077 must certify in writing that the candidate is a member of the
21642078 political party for the candidate's claimed affiliation to be valid.
21652079 The petition of nomination must inform candidates how political
21662080 party affiliation is determined under this subsection. A certification
21672081 required by a political party chairman under this subsection must
21682082 be attached to the petition of nomination.
21692083 SECTION 7. IC 3-8-2.5-7, AS ADDED BY P.L.194-2013,
21702084 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21712085 JANUARY 1, 2024]: Sec. 7. (a) A person may not be selected as a
21722086 candidate by petition of nomination without giving written consent and
21732087 having it filed with the public official with whom certificates and
21742088 petitions of nomination are required to be filed.
21752089 (b) Each candidate nominated by petition of nomination for a school
21762090 board office must satisfy all statutory eligibility requirements for the
21772091 office for which the candidate is nominated, including the filing of
21782092 statements of economic interest.
21792093 (c) A statement questioning the validity of a petition of nomination
21802094 or contesting the denial of certification under section 6 of this chapter
21812095 must be filed with the county election board in accordance with
21822096 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
21832097 the general election. A question regarding the validity of a petition of
21842098 nomination or the denial of certification shall be referred to and
21852099 determined by the county election board not later than noon fifty-four
21862100 (54) days before the date of the general election.
21872101 (d) A statement concerning the validity of a declaration of intent to
21882102 be a write-in candidate for a school board office under section 4 of this
21892103 chapter must be filed with the county election board in accordance with
2190-HB 1428—LS 6232/DI 144 52
2104+HB 1428—LS 6232/DI 144 50
21912105 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
21922106 the general election. A question regarding the validity of a declaration
21932107 of intent to be a write-in candidate for a school board office shall be
21942108 referred to and determined by the county election board not later than
21952109 noon fifty-four (54) days before the date of the general election.
21962110 (e) If a candidate's petition states that the candidate is affiliated
21972111 with a major political party, that statement may be challenged
21982112 under this section. A challenge under this subsection succeeds only
21992113 if the challenger shows both of the following:
22002114 (1) The candidate did not vote in the two (2) most recent
22012115 primary elections in Indiana held by the political party with
22022116 which the candidate claims affiliation.
22032117 (2) The county chairman of:
22042118 (A) the political party with which the candidate claims
22052119 affiliation; and
22062120 (B) the county in which the candidate resides;
22072121 did not certify that the candidate is a member of the political
22082122 party with which the candidate claims affiliation.
22092123 If the candidate produces a copy of the certification of the county
22102124 chairman of the political party with which the candidate claims
22112125 affiliation at the time the candidate filed the petition, the claim of
22122126 a challenger under this subsection is conclusively rebutted.
22132127 (f) Unless a challenger shows under subsection (e) that a
22142128 candidate is not affiliated with the major political party with which
22152129 the candidate claims affiliation, the candidate's claimed political
22162130 party affiliation shall be indicated on the ballot as required by
22172131 section 2.7 of this chapter.
22182132 (g) A candidate's claimed political party affiliation with a party
22192133 other than a major political party is not subject to challenge under
22202134 this section.
22212135 SECTION 8. IC 3-8-2.7 IS ADDED TO THE INDIANA CODE AS
22222136 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
22232137 JANUARY 1, 2024]:
22242138 Chapter 2.7. Nomination and Election of School Board
22252139 Candidates by Partisan Process
22262140 Sec. 1. This chapter applies to the nomination and election of
22272141 candidates for election to a school board if either of the following
22282142 apply:
22292143 (1) The school board adopts a resolution under section 2 of
22302144 this chapter.
22312145 (2) The voters of the school board's school corporation
22322146 approve a public question under section 3 of this chapter.
2233-HB 1428—LS 6232/DI 144 53
2147+HB 1428—LS 6232/DI 144 51
22342148 Sec. 2. (a) A school board may adopt a resolution to provide that
22352149 the members of the school board are nominated and elected as
22362150 described in either:
22372151 (1) section 4 of this chapter; or
22382152 (2) section 5 of this chapter.
22392153 (b) A resolution adopted under this section must:
22402154 (1) state the first year that members of the school board are
22412155 to be elected as provided in this chapter; and
22422156 (2) be adopted before January 1 of the year that the next
22432157 election for school board members will be held.
22442158 (c) If the school board adopts a resolution under this section, the
22452159 school board shall certify adoption of the resolution to the circuit
22462160 court clerk of the county in which the greatest percentage of
22472161 population of the school corporation resides before January 1 of
22482162 the year that the next election for school board members will be
22492163 held.
22502164 Sec. 3. (a) If the lesser of:
22512165 (1) five hundred (500) voters residing within the school
22522166 corporation; or
22532167 (2) five percent (5%) of the registered voters residing within
22542168 the school corporation;
22552169 sign a petition requesting that a public question be placed on the
22562170 ballot at a general election as provided in this section, the county
22572171 election board shall place the public question on the ballot as
22582172 provided in this section.
22592173 (b) A petition under this section must indicate whether the
22602174 members of the school board should be elected as provided in
22612175 section 4 or 5 of this chapter. A petition satisfies the requirement
22622176 of this subsection if the petition states the form of the public
22632177 question under:
22642178 (1) subsection (d) for election of members of the school board
22652179 as described in section 4 of this chapter; or
22662180 (2) subsection (e) for election of members of the school board
22672181 as described in section 5 of this chapter.
22682182 (c) The following apply to the petition process under this
22692183 section:
22702184 (1) The following apply to an individual who circulates or
22712185 signs a petition under this section:
22722186 (A) The individual must be a registered voter who resides
22732187 in the school corporation.
22742188 (B) An individual who circulates a copy of the petition
22752189 must be a signatory on one (1) copy of the petition.
2276-HB 1428—LS 6232/DI 144 54
2190+HB 1428—LS 6232/DI 144 52
22772191 (C) After the individual who circulates a copy of the
22782192 petition collects and files the signed petition copy, that
22792193 individual must swear or affirm before a notary public
22802194 that the individual witnessed each signature.
22812195 (2) Each copy of a petition that is circulated and filed at the
22822196 county voter registration office must be verified under oath at
22832197 the county voter registration office by at least one (1)
22842198 individual who has signed the copy.
22852199 (3) Each copy of the petition must be filed with the county
22862200 voter registration office not later than July 1 of the year that
22872201 the public question requested in the petition is placed on the
22882202 ballot.
22892203 (4) The county voter registration office shall determine
22902204 whether each individual who signed a copy of the petition is
22912205 a registered voter who resides within the school corporation.
22922206 However, after the county voter registration office has
22932207 determined that at least five hundred twenty-five (525)
22942208 individuals who signed the petition are registered voters
22952209 within the school corporation, the county voter registration
22962210 office is not required to verify whether the remaining
22972211 individuals who signed the petition are registered voters.
22982212 (5) The county voter registration office shall determine, not
22992213 later than July 15, whether a sufficient number of voters who
23002214 are residents of the school corporation have signed the
23012215 petition under this section. If the name of an individual who
23022216 signs a petition copy as a registered voter contains a minor
23032217 variation from the name of the registered voter as set forth in
23042218 the records of the county voter registration office, the
23052219 signature is presumed to be valid, and there is a presumption
23062220 that the individual is entitled to sign the petition under this
23072221 section. In determining whether an individual is a registered
23082222 voter, the county voter registration office shall apply the
23092223 requirements and procedures used under this title to
23102224 determine whether an individual is a registered voter for
23112225 purposes of voting in an election. However, an individual is
23122226 not required to comply with the provisions concerning
23132227 providing proof of identification to be considered a registered
23142228 voter for purposes of this section.
23152229 (6) If the county voter registration office determines that the
23162230 petition is signed by a sufficient number of voters who reside
23172231 in the school corporation, the county voter registration office
23182232 shall certify the petition to the county election board not later
2319-HB 1428—LS 6232/DI 144 55
2233+HB 1428—LS 6232/DI 144 53
23202234 than August 1 before the next general election.
23212235 (d) If the county voter registration office certifies a petition
23222236 requesting that the members of the school board be elected as
23232237 described in section 4 of this chapter, the county election board
23242238 shall place the following public question on the ballot at the next
23252239 general election in the precincts within the school corporation:
23262240 "Shall the names of the candidates for election to the
23272241 ___________________ (insert the name of the school
23282242 corporation) school board be placed on the ballot to indicate
23292243 whether each candidate is affiliated with a political party or
23302244 is an independent candidate?".
23312245 (e) If the county voter registration office certifies a petition
23322246 requesting that the members of the school board be elected as
23332247 described in section 5 of this chapter, the county election board
23342248 shall place the following public question on the ballot at the next
23352249 general election in the precincts within the school corporation:
23362250 "Shall candidates for election to the ___________________
23372251 (insert the name of the school corporation) school board be
23382252 nominated in the same fashion as candidates for partisan
23392253 offices and shall the general election ballot for election of
23402254 members of the school board indicate the political party with
23412255 which each candidate is affiliated, if any?".
23422256 (f) The circuit court clerk shall certify the results of the vote on
23432257 the public question under subsection (d) or (e) to the county
23442258 election board.
23452259 (g) If a majority of the voters voting on the public question vote
23462260 "yes", the election of the school corporation's school board
23472261 members shall be subject to either the procedures of section 4 or 5
23482262 of this chapter, whichever was approved by the voters, beginning
23492263 with the next election of the school corporation's school board
23502264 members.
23512265 Sec. 4. (a) This section applies if:
23522266 (1) a resolution is adopted under section 2(a)(1) of this
23532267 chapter; or
23542268 (2) a public question described in section 3(d) of this chapter
23552269 is approved under section 3 of this chapter.
23562270 (b) Candidates for election to the governing body shall be:
23572271 (1) nominated as provided in IC 3-8-2.5; and
23582272 (2) elected at the general election and designated on the
23592273 general election ballot as either being:
23602274 (A) affiliated with a political party; or
23612275 (B) an independent candidate.
2362-HB 1428—LS 6232/DI 144 56
2276+HB 1428—LS 6232/DI 144 54
23632277 Sec. 5. (a) This section applies if:
23642278 (1) a resolution is adopted under section 2(a)(2) of this
23652279 chapter; or
23662280 (2) a public question described in section 3(e) of this chapter
23672281 is approved under section 3 of this chapter.
23682282 (b) IC 3-8-2.5 does not apply to the nomination or election of
23692283 members of the school corporation's school board.
23702284 (c) Candidates for election to the school board shall be:
23712285 (1) nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
23722286 is applicable to each candidate; and
23732287 (2) placed on the ballot so that the political affiliation of each
23742288 candidate is indicated in the same manner as candidates for
23752289 partisan local offices are indicated.
23762290 SECTION 9. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
23772291 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23782292 JANUARY 1, 2024]: Sec. 1. (a) This chapter applies to a candidate for
23792293 nomination to an elected office who:
23802294 (1) is an independent candidate; or
23812295 (2) represents a political party not qualified to nominate
23822296 candidates in a primary or by convention.
23832297 (b) This chapter:
23842298 (1) applies to a candidate for a school board office of a school
23852299 corporation if IC 3-8-2.7 applies to the nomination and
23862300 election of the candidates for the school corporation's school
23872301 board offices; and
23882302 (2) does not apply to a candidate for a school board office of a
23892303 school corporation if IC 3-8-2.7 does not apply to the
23902304 nomination of the candidates for the school corporation's
23912305 school board offices.
23922306 SECTION 10. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
23932307 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23942308 JANUARY 1, 2024]: Sec. 28. (a) Except as provided in subsections (b)
23952309 and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
23962310 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
23972311 notice of withdrawal in writing with the public official with whom the
23982312 certificate of nomination was filed by noon of the following dates:
23992313 (1) July 15 before a general or municipal election.
24002314 (2) August 1 before a municipal election in a town subject to
24012315 IC 3-8-5-10.
24022316 (3) On the date specified for town convention nominees under
24032317 IC 3-8-5-14.5.
24042318 (4) On the date specified for declared write-in candidates under
2405-HB 1428—LS 6232/DI 144 57
2319+HB 1428—LS 6232/DI 144 55
24062320 IC 3-8-2-2.7.
24072321 (5) On the date specified for a school board candidate under
24082322 IC 3-8-2.5-4, even if IC 3-8-2.7 applies to a school
24092323 corporation's candidates for election to its school board. or
24102324 (6) Forty-five (45) days before a special election.
24112325 (b) A candidate who is disqualified from being a candidate under
24122326 IC 3-8-1-5 must file a notice of withdrawal immediately upon
24132327 becoming disqualified. IC 3-8-8-7 and the filing requirements of
24142328 subsection (a) do not apply to a notice of withdrawal filed under this
24152329 subsection.
24162330 (c) A candidate who has moved from the election district the
24172331 candidate sought to represent must file a notice of withdrawal
24182332 immediately after changing the candidate's residence. IC 3-8-8-7 and
24192333 the filing requirements of subsection (a) do not apply to a notice of
24202334 withdrawal filed under this subsection.".
24212335 Delete pages 2 through 3.
24222336 Page 4, delete lines 1 through 40.
24232337 Page 5, line 38, delete "." and insert ", if the school board offices
24242338 are subject to IC 3-8-2.7-5.".
24252339 Page 6, line 16, delete "school board office," and insert "school
24262340 board office subject to IC 3-8-2.5 or IC 3-8-2.7-5,".
24272341 Page 9, line 13, delete "." and insert ", if the school board offices
24282342 are subject to IC 3-8-2.7-5.".
24292343 Page 12, line 36, reset in roman "school board".
24302344 Page 13, line 26, reset in roman "school board".
24312345 Page 25, line 7, after "IC 3-13-11." insert "For purposes of
24322346 IC 3-13-11, an individual elected as provided under IC 3-8-2.7-4
24332347 who is designated as being affiliated with a major political party is
24342348 considered to have been elected or selected as a candidate of that
24352349 major political party.".
24362350 Page 25, line 32, delete "IC 3-8-2 or IC 3-8-6," and insert "IC
24372351 3-8-2.5 or IC 3-8-2.7,".
24382352 Page 31, line 12, delete "IC 3-8-2 or IC 3-8-6," and insert "IC
24392353 3-8-2.5 or IC 3-8-2.7,".
24402354 Page 34, line 4, delete "IC 3-8-2 or IC 3-8-6," and insert "IC 3-8-2.5
24412355 or IC 3-8-2.7,".
24422356 Page 34, line 25, delete "IC 3-8-2 or IC 3-8-6," and insert "IC
24432357 3-8-2.5 or IC 3-8-2.7,".
24442358 Page 35, line 13, delete "IC 3-8-2 or IC 3-8-6," and insert "IC
24452359 3-8-2.5 or IC 3-8-2.7,".
24462360 Page 36, line 24, delete "IC 3-8-2 or IC 3-8-6," and insert "IC
24472361 3-8-2.5 or IC 3-8-2.7,".
2448-HB 1428—LS 6232/DI 144 58
2362+HB 1428—LS 6232/DI 144 56
24492363 Page 37, line 17, delete "IC 3-8-2 or IC 3-8-6," and insert "IC
24502364 3-8-2.5 or IC 3-8-2.7,".
24512365 Page 38, line 2, delete "IC 3-8-2 or IC 3-8-6," and insert "IC 3-8-2.5
24522366 or IC 3-8-2.7,".
24532367 Page 39, line 7, delete "IC 3-8-2 or IC 3-8-6," and insert "IC 3-8-2.5
24542368 or IC 3-8-2.7,".
24552369 Page 39, line 36, delete "IC 3-8-2 or IC 3-8-6," and insert "IC
24562370 3-8-2.5 or IC 3-8-2.7,".
24572371 Page 40, line 20, delete "IC 3-8-2 or IC 3-8-6," and insert "IC
24582372 3-8-2.5 or IC 3-8-2.7,".
24592373 Renumber all SECTIONS consecutively.
24602374 and when so amended that said bill do pass.
24612375 (Reference is to HB 1428 as introduced.)
24622376 WESCO
24632377 Committee Vote: yeas 6, nays 4.
2464-_____
2465-HOUSE MOTION
2466-Mr. Speaker: I move that House Bill 1428 be amended to read as
2467-follows:
2468-Page 2, line 17, delete "IC 3-8-2.7-4" and insert "IC 3-8-2.7-8".
2469-Page 2, delete lines 19 through 25, begin a new paragraph and
2470-insert:
2471-"(b) In addition to the information required on a candidate's
2472-petition of nomination under section 2.5 of this chapter, a
2473-candidate's petition of nomination must state one (1) of the
2474-following:
2475-(1) The name of the major political party with which the
2476-candidate is affiliated.
2477-(2) The name of a political party other than a major political
2478-party with which the candidate is affiliated.
2479-(3) That the candidate is an independent candidate if the
2480-candidate does not identify with a political party.".
2481-Page 4, delete lines 17 through 42, begin a new paragraph and
2482-insert:
2483-"SECTION 8. IC 3-8-2.7 IS ADDED TO THE INDIANA CODE AS
2484-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2485-HB 1428—LS 6232/DI 144 59
2486-JANUARY 1, 2024]:
2487-Chapter 2.7. Changing the Nomination and Election Process of
2488-School Board Candidates
2489-Sec. 1. The procedure for nomination and election of the
2490-members of a school board may be changed as provided in this
2491-chapter.
2492-Sec. 2. (a) A school board may adopt a resolution to propose
2493-that the members of the school board are nominated and elected:
2494-(1) at nonpartisan elections as provided in IC 3-8-2.5; or
2495-(2) as described in either:
2496-(A) section 8 of this chapter; or
2497-(B) section 9 of this chapter.
2498-(b) A resolution adopted under this section must:
2499-(1) state the first year that members of the school board are
2500-to be elected as provided in this chapter; and
2501-(2) be adopted and certified to the circuit court clerk before
2502-July 1 of the year that a general election will be held.
2503-(c) If the school board adopts a resolution under this SECTION,
2504-the school board shall certify adoption of the resolution to the
2505-circuit court clerk of the county in which the greatest percentage
2506-of population of the school corporation resides as provided in
2507-subsection (b).
2508-Sec. 3. (a) If the lesser of:
2509-(1) five hundred (500) voters residing within the school
2510-corporation; or
2511-(2) five percent (5%) of the registered voters residing within
2512-the school corporation;
2513-sign a petition requesting that a public question be placed on the
2514-ballot at a general election as provided in this section, the county
2515-election board shall place the public question on the ballot as
2516-provided in this section.
2517-(b) A petition under this section must indicate whether the
2518-members of the school board should be nominated and elected:
2519-(1) at a nonpartisan election as provided in IC 3-8-2.5; or
2520-(2) as described in either:
2521-(A) section 8 of this chapter; or
2522-(B) section 9 of this chapter.
2523-(c) A petition satisfies the requirement of subsection (b) if the
2524-petition states the form of the public question under any of the
2525-following:
2526-(1) Section 4 of this chapter for the election of members of the
2527-school board at a nonpartisan election as provided in
2528-HB 1428—LS 6232/DI 144 60
2529-IC 3-8-2.5.
2530-(2) Section 5 of this chapter for election of members of the
2531-school board as described in section 8 of this chapter.
2532-(3) Section 6 of this chapter for election of members of the
2533-school board as described in section 9 of this chapter.
2534-(d) The following apply to the petition process under this
2535-section:
2536-(1) The following apply to an individual who circulates or
2537-signs a petition under this section:
2538-(A) The individual must be a registered voter who resides
2539-in the school corporation.
2540-(B) An individual who circulates a copy of the petition
2541-must be a signatory on one (1) copy of the petition.
2542-(C) After the individual who circulates a copy of the
2543-petition collects and files the signed petition copy, that
2544-individual must swear or affirm before a notary public
2545-that the individual witnessed each signature.
2546-(2) Each copy of a petition that is circulated and filed at the
2547-county voter registration office must be verified under oath at
2548-the county voter registration office by at least one (1)
2549-individual who has signed the copy.
2550-(3) Each copy of the petition must be filed with the county
2551-voter registration office not later than July 1 of the year that
2552-the public question requested in the petition is placed on the
2553-ballot.
2554-(4) The county voter registration office shall determine
2555-whether each individual who signed a copy of the petition is
2556-a registered voter who resides within the school corporation.
2557-However, after the county voter registration office has
2558-determined that at least five hundred twenty-five (525)
2559-individuals who signed the petition are registered voters
2560-within the school corporation, the county voter registration
2561-office is not required to verify whether the remaining
2562-individuals who signed the petition are registered voters.
2563-(5) The county voter registration office shall determine, not
2564-later than July 15, whether a sufficient number of voters who
2565-are residents of the school corporation have signed the
2566-petition under this section. If the name of an individual who
2567-signs a petition copy as a registered voter contains a minor
2568-variation from the name of the registered voter as set forth in
2569-the records of the county voter registration office, the
2570-signature is presumed to be valid, and there is a presumption
2571-HB 1428—LS 6232/DI 144 61
2572-that the individual is entitled to sign the petition under this
2573-section. In determining whether an individual is a registered
2574-voter, the county voter registration office shall apply the
2575-requirements and procedures used under this title to
2576-determine whether an individual is a registered voter for
2577-purposes of voting in an election. However, an individual is
2578-not required to comply with the provisions concerning
2579-providing proof of identification to be considered a registered
2580-voter for purposes of this section.
2581-(6) If the county voter registration office determines that the
2582-petition is signed by a sufficient number of voters who reside
2583-in the school corporation, the county voter registration office
2584-shall certify the petition to the county election board not later
2585-than August 1 before the next general election.
2586-Sec. 4. (a) This section applies if:
2587-(1) a school board certifies a resolution adopted by the school
2588-board to the circuit court clerk as provided in section 2 of this
2589-chapter; or
2590-(2) a petition is certified under section 3 of this chapter;
2591-proposing that members of the school board be nominated and
2592-elected at nonpartisan elections as provided in IC 3-8-2.5.
2593-(b) The county election board shall place the following public
2594-question on the ballot at the next general election in the precincts
2595-within the school corporation:
2596-"Shall candidates for election to the ___________________
2597-(insert the name of the school corporation) school board be
2598-nominated and elected at nonpartisan elections?".
2599-Sec. 5. (a) This section applies if:
2600-(1) a school board certifies a resolution adopted by the school
2601-board to the circuit court clerk as provided in section 2 of this
2602-chapter; or
2603-(2) a petition is certified under section 3 of this chapter;
2604-proposing that members of the school board be elected as provided
2605-in section 8 of this chapter.
2606-(b) The county election board shall place the following public
2607-question on the ballot at the next general election in the precincts
2608-within the school corporation:
2609-"Shall the names of the candidates for election to the
2610-___________________ (insert the name of the school
2611-corporation) school board be placed on the ballot to indicate
2612-whether each candidate is affiliated with a political party or
2613-is an independent candidate?".
2614-HB 1428—LS 6232/DI 144 62
2615-Sec. 6. (a) This section applies if:
2616-(1) a school board certifies a resolution adopted by the school
2617-board to the circuit court clerk as provided in section 2 of this
2618-chapter; or
2619-(2) a petition is certified under section 3 of this chapter;
2620-proposing that members of the school board be elected as provided
2621-in section 9 of this chapter.
2622-(b) The county election board shall place the following public
2623-question on the ballot at the next general election in the precincts
2624-within the school corporation:
2625-"Shall candidates for election to the ___________________
2626-(insert the name of the school corporation) school board be
2627-nominated in the same fashion as candidates for partisan
2628-offices and shall the general election ballot for election of
2629-members of the school board indicate the political party with
2630-which each candidate is affiliated, if any?".
2631-Sec. 7. (a) The circuit court clerk shall certify the results of the
2632-vote on a public question under this chapter to the county election
2633-board.
2634-(b) If a majority of the voters voting on the public question vote
2635-"yes", the school corporation's school board members shall be
2636-nominated and elected, beginning with the next election of the
2637-school corporation's school board members, as follows:
2638-(1) At nonpartisan elections as provided in IC 3-8-2.5 if the
2639-voters approve the public question under section 4 of this
2640-chapter.
2641-(2) As provided in section 8 of this chapter if the voters
2642-approve the public question under section 5 of this chapter.
2643-(3) As provided in section 9 of this chapter, if the voters
2644-approve the public question under section 6 of this chapter.
2645-Sec. 8. (a) This section applies if the voters approve the public
2646-question under section 5 of this chapter.
2647-(b) Candidates for election to the governing body shall be:
2648-(1) nominated as provided in IC 3-8-2.5; and
2649-(2) elected at the general election and designated on the
2650-general election ballot as either being:
2651-(A) affiliated with a political party; or
2652-(B) an independent candidate.
2653-Sec. 9. (a) This section applies if the voters approve the public
2654-question under section 6 of this chapter.
2655-(b) IC 3-8-2.5 does not apply to the nomination or election of
2656-members of the school corporation's school board.
2657-HB 1428—LS 6232/DI 144 63
2658-(c) Candidates for election to the school board shall be:
2659-(1) nominated as provided in IC 3-8-2 or IC 3-8-6, whichever
2660-is applicable to each candidate; and
2661-(2) placed on the ballot so that the political affiliation of each
2662-candidate is indicated in the same manner as candidates for
2663-partisan local offices are indicated.
2664-Sec. 10. A public question under this chapter may not be placed
2665-on the ballot before ten (10) years after a previous public question
2666-under this chapter has been submitted to the voters.".
2667-Delete pages 5 through 6.
2668-Page 7, delete lines 1 through 41.
2669-Page 8, line 9, delete "IC 3-8-2.7" and insert "IC 3-8-2.7-8 or
2670-IC 3-8-2.7-9".
2671-Page 8, line 13, delete "IC 3-8-2.7 does" and insert "IC 3-8-2.7-8
2672-and IC 3-8-2.7-9 do".
2673-Page 8, line 31, delete "IC 3-8-2.7" and insert "IC 3-8-2.7-8 or
2674-IC 3-8-2.7-9".
2675-Page 9, line 42, delete "IC 3-8-2.7-5" and insert "IC 3-8-2.7-9".
2676-Page 10, line 21, delete "IC 3-8-2.7-5" and insert "IC 3-8-2.7-9".
2677-Page 13, line 18, delete "IC 3-8-2.7-5" and insert "IC 3-8-2.7-9".
2678-Page 14, between lines 15 and 16, begin a new paragraph and insert:
2679-"SECTION 16. IC 3-11-2-10, AS AMENDED BY P.L.32-2021,
2680-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2681-JANUARY 1, 2024]: Sec. 10. (a) Public questions shall be placed on
2682-the general election ballot in the following order after the statement
2683-described in section 7 of this chapter, and the instructions described in
2684-subsections (d) and (e) and section 8 of this chapter, if instructions are
2685-printed on the ballot:
2686-(1) Ratification of a state constitutional amendment.
2687-(2) Local public questions.
2688-Subject to section 10.1 of this chapter, each public question shall be
2689-placed in a separate column on the ballot.
2690-(b) The name or title of the political party or independent ticket
2691-described in section 6 of this chapter shall be placed on the general
2692-election ballot after the public questions described in subsection (a).
2693-The device of the political party or independent ticket shall be placed
2694-immediately under the name of the political party or independent ticket.
2695-Notwithstanding section 8(b) of this chapter, the instructions for voting
2696-a straight party ticket shall be placed to the right of the device on the
2697-ballot.
2698-(c) The instructions for voting a straight party ticket must conform
2699-as nearly as possible to the following:
2700-HB 1428—LS 6232/DI 144 64
2701-"(1) You are not required to vote a straight party ticket. If you do
2702-not wish to vote a straight party ticket, do not make a mark in this
2703-section, and proceed to voting the ballot by office.
2704-(2) To vote a straight (insert political party name) ticket for all
2705-(insert political party name) candidates on this ballot, except for
2706-candidates described in (3) below, make a voting mark on or in
2707-this circle and do not make any other marks on this ballot.
2708-(3) To vote for any candidate for an at-large office (insert county
2709-council, city common council, town council, or township board if
2710-those offices appear on this ballot) to which more than one (1)
2711-person may be elected, you must make another voting mark for
2712-each candidate you wish to vote for. Your straight party vote will
2713-not count as a vote for any candidate for that office.
2714-(4) If you wish to vote for a candidate for a school board
2715-office, you must make a voting mark on the appropriate place
2716-on this ballot for each candidate for whom you wish to vote.
2717-Your straight party vote will not count as a vote for any
2718-candidate for that office.
2719-(4) (5) If you wish to vote for a candidate seeking a nonpartisan
2720-office or on a public question, you must make another voting
2721-mark on the appropriate place on this ballot.".
2722-(d) Except as permitted under section 8(b) of this chapter, if the
2723-ballot contains an independent ticket described in section 6 of this
2724-chapter and at least one (1) other independent candidate, the ballot
2725-must also contain a statement that reads substantially as follows: "A
2726-vote cast for an independent ticket will only be counted for the
2727-candidates for President and Vice President or governor and lieutenant
2728-governor comprising that independent ticket. This vote will NOT be
2729-counted for any OTHER independent candidate appearing on the
2730-ballot.".
2731-(e) Except as permitted under section 8(b) of this chapter, the ballot
2732-must also contain a statement that reads substantially as follows: "A
2733-write-in vote will NOT be counted unless the vote is for a DECLARED
2734-write-in candidate. To vote for a write-in candidate, you must make a
2735-voting mark on or in the square to the left of the name you have written
2736-in or your vote will not be counted.".
2737-(f) Subject to section 10.1 of this chapter, the list of candidates of
2738-the political party shall be placed immediately under the instructions
2739-for voting a straight party ticket. The names of the candidates shall be
2740-placed three-fourths (3/4) of an inch apart from center to center of the
2741-name. The name of each candidate must have, immediately on its left,
2742-a square three-eighths (3/8) of an inch on each side.
2743-HB 1428—LS 6232/DI 144 65
2744-(g) The circuit court clerk may authorize the printing of ballots
2745-containing a ballot variation code to ensure that the proper version of
2746-a ballot is used within a precinct.".
2747-Page 25, delete lines 10 through 42, begin a new paragraph and
2748-insert:
2749-"SECTION 26. IC 3-12-1-5, AS AMENDED BY P.L.278-2019,
2750-SECTION 137, IS AMENDED TO READ AS FOLLOWS
2751-[EFFECTIVE JANUARY 1, 2024]: Sec. 5. (a) This subsection does not
2752-apply to a ballot card voting system or an electronic voting system.
2753-Except as provided in subsection (d), a voting mark made by a voter on
2754-or in a voting square at the left of a candidate's name or political party's
2755-name shall be counted as a vote for the candidate or candidates of the
2756-political party.
2757-(b) This subsection applies to a ballot card voting system. A voting
2758-mark made by a voter:
2759-(1) on or in a circle, oval, or square; or
2760-(2) to connect a connectable arrow;
2761-immediately below or beside a candidate's name or political party's
2762-name shall be counted as a vote for the candidate or candidates of the
2763-political party, except as provided in subsection (d).
2764-(c) This subsection applies to a direct record electronic voting
2765-system. A voting mark made by a voter touching a touch sensitive point
2766-or button below or beside a candidate's name or political party's name
2767-shall be counted as a vote for the candidate or candidates of the
2768-political party, except as provided in subsection (d).
2769-(d) A voter who wishes to cast a ballot for a candidate for election
2770-to an at-large district to which more than one (1) person may be elected
2771-on a:
2772-(1) county council;
2773-(2) city common council;
2774-(3) town council; or
2775-(4) township board;
2776-must make a voting mark for each individual candidate for whom the
2777-voter wishes to cast a vote. A straight ticket voting mark on a paper
2778-ballot, ballot card voting system, or electronic voting system shall not
2779-be counted as a straight party ticket voting mark as a vote for any
2780-candidate for an office described by this subsection.
2781-(e) A voter who wishes to cast a ballot for a candidate for
2782-election to a school board office must make a voting mark for each
2783-individual candidate for whom the voter wishes to cast a vote. A
2784-straight ticket voting mark on a paper ballot, ballot card voting
2785-system, or electronic voting system shall not be counted as a
2786-HB 1428—LS 6232/DI 144 66
2787-straight party ticket voting mark as a vote for any candidate for an
2788-office described by this subsection.
2789-SECTION 27. IC 3-12-1-8, AS AMENDED BY P.L.278-2019,
2790-SECTION 138, IS AMENDED TO READ AS FOLLOWS
2791-[EFFECTIVE JANUARY 1, 2024]: Sec. 8. (a) Except as provided in
2792-subsection subsections (b) and (c), a voting mark made by a voter on
2793-or in a circle containing a political party device shall be counted as a
2794-vote for each candidate of that political party on that ballot.
2795-(b) A voter who wishes to cast a ballot for a candidate for election
2796-to an at-large district to which more than one (1) person may be elected
2797-on a:
2798-(1) county council;
2799-(2) city common council;
2800-(3) town council; or
2801-(4) township board;
2802-must make a voting mark for each individual candidate for whom the
2803-voter wishes to cast a vote. A voting mark on or in a circle containing
2804-a political party device shall not be counted as a straight party ticket
2805-voting mark as a vote for any candidate for an office described by this
2806-subsection.
2807-(c) A voter who wishes to cast a ballot for a candidate for
2808-election to a school board office must make a voting mark for each
2809-individual candidate for whom the voter wishes to cast a vote. A
2810-straight ticket voting mark on a paper ballot, ballot card voting
2811-system, or electronic voting system shall not be counted as a
2812-straight party ticket voting mark as a vote for any candidate for an
2813-office described by this subsection.".
2814-Delete page 26.
2815-Page 27, delete lines 1 through 12.
2816-Page 29, line 13, delete "IC 3-8-2.7-4" and insert "IC 3-8-2.7-8".
2817-Renumber all SECTIONS consecutively.
2818-(Reference is to HB 1428 as printed February 9, 2023.)
2819-MORRISON
2820-_____
2821-HOUSE MOTION
2822-Mr. Speaker: I move that House Bill 1428 be amended to read as
2823-follows:
2824-Page 2, delete lines 31 through 42, begin a new paragraph and
2825-HB 1428—LS 6232/DI 144 67
2826-insert:
2827-"(d) A candidate may not claim affiliation with a major political
2828-party under subsection (b) unless the two (2) most recent primary
2829-elections in which the candidate voted were primary elections in
2830-Indiana held by the party with which the candidate claims
2831-affiliation. The petition of nomination form must provide a place
2832-for the candidate to affirm the candidate's primary election
2833-participation, if the candidate claims affiliation with a major
2834-political party. If the two (2) most recent primary elections in
2835-which the candidate voted were not held by the political party with
2836-which the candidate claims affiliation, the county chairman of:
2837-(1) the political party with which the candidate claims
2838-affiliation; and
2839-(2) the county in which the candidate resides;
2840-must certify in writing that the candidate is a member of the
2841-political party for the candidate's claimed affiliation to be valid.
2842-The petition of nomination must inform candidates how political
2843-party affiliation is determined under this subsection. A certification
2844-required by a political party chairman under this subsection must
2845-be attached to the petition of nomination.".
2846-Page 3, delete lines 1 through 7.
2847-Page 3, line 36, delete "subsection" and insert "section".
2848-(Reference is to HB 1428 as printed February 9, 2023.)
2849-PRESCOTT
28502378 HB 1428—LS 6232/DI 144