Introduced Version
HOUSE BILL No. 1376
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-10-9-3; IC 20-23; IC 20-26-7-18; IC 20-46.
Synopsis: Election day for school referenda. Provides that a local
public question concerning certain education matters, including a
school referendum tax levy and school safety referendum tax levy, may
be placed on the ballot only at a general election or municipal general
election.
Effective: July 1, 2024.
Behning, Teshka, McGuire
January 10, 2024, read first time and referred to Committee on Elections and
Apportionment.
2024 IN 1376—LS 6949/DI 144 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1376
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-10-9-3, AS AMENDED BY P.L.225-2011,
2 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), if a
4 local public question must be certified to an election board by law, that
5 certification must occur no later than noon:
6 (1) seventy-four (74) days before a primary election if the public
7 question is to be placed on the primary or municipal primary
8 election ballot; or
9 (2) August 1 if the public question is to be placed on the general
10 or municipal election ballot.
11 (b) A referendum or local public question under IC 20 may be
12 placed on the ballot only at the following elections:
13 (1) A general election.
14 (2) A municipal general election, but only if the election
15 district for the public question is contained entirely within a
16 municipality.
17 Certification of a local public question under this subsection must
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1 occur not later than noon August 1.
2 SECTION 2. IC 20-23-4-21, AS AMENDED BY P.L.244-2017,
3 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 21. (a) If the chairperson of the county committee
5 does not receive the certification or combined certifications under
6 section 20(f) of this chapter not later than ninety (90) days after the
7 receipt by the county committee of the plan referred to in section 20(a)
8 of this chapter, the judge of the circuit court of the county from which
9 the county committee submitting the plan was appointed shall:
10 (1) certify the public question under IC 3-10-9-3; IC 3-10-9-3(b);
11 and
12 (2) order the county election board to conduct a special election
13 in which place the public question on the ballot at the next
14 election permitted under IC 3-10-9-3(b) at which registered
15 voters residing in the proposed community school corporation
16 may vote to determine whether the corporation will be created.
17 (b) If:
18 (1) a primary election at which county officials are nominated; or
19 (2) a general election at which county officials are elected;
20 and for which the question can be certified in compliance with
21 IC 3-10-9-3 is to be held not later than six (6) months after the receipt
22 by the chairperson of the county committee of the plan referred to in
23 section 20(a) of this chapter, regardless of whether the ninety (90) day
24 period referred to in subsection (a) has expired, the judge shall order
25 the county election board to conduct the special election to be held in
26 conjunction with the primary or general election.
27 (c) If a primary or general election will not be held in the six (6)
28 month period referred to in subsection (b), the special election shall be
29 held:
30 (1) not earlier than sixty (60) days; and
31 (2) not later than one hundred twenty (120) days;
32 after the expiration of the ninety (90) day period referred to in
33 subsection (a).
34 (d) (b) The county election board shall give notice under IC 5-3-1
35 of the special election a public question referred to in subsection (a).
36 (e) (c) The notice referred to in subsection (d) (b) of a special
37 election public question must:
38 (1) clearly state that the election is called to afford the registered
39 voters an opportunity to approve or reject a proposal for the
40 formation of a community school corporation;
41 (2) contain:
42 (A) a general description of the boundaries of the community
2024 IN 1376—LS 6949/DI 144 3
1 school corporation as set out in the plan;
2 (B) a statement of the terms of adjustment of:
3 (i) property;
4 (ii) assets;
5 (iii) debts; and
6 (iv) liabilities;
7 of an existing school corporation that is to be divided in the
8 creation of the community school corporation;
9 (C) the name of the community school corporation;
10 (D) the number of members comprising the board of school
11 trustees; and
12 (E) the method of selecting the board of school trustees of the
13 community school corporation; and
14 (3) designate the date, time, and voting place or places at which
15 the election will be held.
16 (f) A special (d) An election referred to in at which a public
17 question is submitted to the voters under subsection (a) is under the
18 direction of the county election board in the county. The election board
19 shall take all steps necessary to carry out the special election. If the
20 special election is not conducted at a primary or general election, the
21 cost of conducting the election is:
22 (1) charged to each component school corporation embraced in
23 the community school corporation in the same proportion as the
24 component school corporation's assessed valuation is to the total
25 assessed valuation of the community school corporation; and
26 (2) paid:
27 (A) from the school corporation's operations fund not
28 otherwise appropriated of; and
29 (B) without appropriation by;
30 each component school corporation.
31 If a component school corporation is to be divided and its territory
32 assigned to two (2) or more community corporations, the component
33 school corporation's cost of the special election is in proportion to the
34 corporation's assessed valuation included in the community school
35 corporation.
36 (g) (e) The county election board shall place the public question on
37 the ballot in the form prescribed by IC 3-10-9-4. The public question
38 must state "Shall the (here insert name) community school corporation
39 be formed as provided in the Reorganization Plan of the County
40 Committee for the Reorganization of School Corporations?". Except as
41 otherwise provided in this chapter, the election is governed by IC 3.
42 (h) (f) If a majority of the votes cast at a special election referred to
2024 IN 1376—LS 6949/DI 144 4
1 in subsection (a) on the public question are in favor of the formation of
2 the corporation, a community school corporation is created and takes
3 effect on the earlier of:
4 (1) the July 1; or
5 (2) the January 1
6 that next follows the date of publication of the notice referred to in
7 subsection (d). following the election.
8 (i) (g) If a public official fails to perform a duty required of the
9 official under this section within the time prescribed in this section, the
10 omission does not invalidate the proceedings taken under this section.
11 (j) (h) An action:
12 (1) to contest the validity of the formation or creation of a
13 community school corporation under this section;
14 (2) to declare that a community school corporation:
15 (A) has not been validly formed or created; or
16 (B) is not validly existing; or
17 (3) to enjoin the operation of a community school corporation;
18 may not be instituted later than thirty (30) days after the date of the
19 special election referred to in subsection (a).
20 SECTION 3. IC 20-23-4-23, AS ADDED BY P.L.1-2005,
21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 23. (a) If a proposal for the formation of a
23 community school corporation is rejected by the voters at the special
24 election provided for in this chapter, the county committee shall:
25 (1) subject to subsection (b), devise a new plan of reorganization
26 considered more acceptable to the electors of the territory
27 affected; or
28 (2) subject to subsection (c), direct the county election board or
29 boards to resubmit the same plan rejected by the voters.
30 (b) The county committee shall submit a new plan devised under
31 subsection (a)(1) to the state board for the state board's approval not
32 later than six (6) months after the date of the special election at which
33 the proposal was rejected, subject to the same conditions and
34 requirements concerning extensions of time and other matters provided
35 in this chapter. If the new plan is approved by the state board, the
36 procedures of this chapter for the creation of a community school
37 corporation must be followed.
38 (c) The county committee may direct the county election board or
39 boards to resubmit the plan referred to in subsection (a)(2) at a special
40 election to be held not later than six (6) months after the special
41 election at which the proposal was rejected. If a primary or general
42 election for state offices is to be held not later than six (6) months after
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1 the special election at which the proposal was rejected, the special
2 election must be held in conjunction with the primary or general
3 election. the next election at which a public question may be placed
4 on the ballot under IC 3-10-9-3(b). The judge of the circuit court
5 shall give notice by publication of the special election on request of the
6 county committee. The special election is held in the same manner
7 required for the holding of a special an election under section 21 of this
8 chapter. Officials concerned shall take all actions necessary to conduct
9 the special election as required under section 21 of this chapter.
10 SECTION 4. IC 20-23-6-5, AS AMENDED BY P.L.152-2021,
11 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 5. (a) If a petition is filed in one (1) or more of the
13 school corporations protesting consolidation as provided in this chapter
14 by the legal voters of any school corporation the governing body of
15 which proposes to consolidate, the governing body in each school
16 corporation in which a protest petition is filed shall certify the public
17 question to each county election board of the county in which the
18 school corporation is located. The county election board shall call an
19 election of place a public question on the ballot at the next election
20 permitted under IC 3-10-9-3(b) asking the voters of the school
21 corporation to determine if a majority of the legal voters of the
22 corporation is in favor of consolidating the school corporations.
23 (b) If a protest is filed in more than one (1) school corporation, the
24 elections shall be held on the same day. Each county election board
25 shall give notice by publication once each week for two (2) consecutive
26 weeks:
27 (1) with each notice by publication in a newspaper of general
28 circulation in the school corporation, or, if a newspaper is not
29 published in the:
30 (A) township;
31 (B) town; or
32 (C) city;
33 the notice shall be published in the nearest newspaper published
34 in the county or counties; or
35 (2) with the first publication of notice in the newspaper or
36 newspapers as provided in subdivision (1) and the second
37 publication of notice:
38 (A) in accordance with IC 5-3-5; and
39 (B) on the official web site website of the school corporation.
40 Each notice shall state that on a day and at an hour to be named in the
41 notice, the polls will be open at the usual voting places in the various
42 precincts in the corporation for taking the vote of the legal a public
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1 question will be on the ballot asking the voters upon whether the
2 school corporation shall be consolidated with the other school
3 corporations joining in the resolution.
4 (c) The public question shall be placed on the ballot in the form
5 provided by IC 3-10-9-4 and must state: "Shall (insert name of school
6 corporation) be consolidated with (insert names of other school
7 corporations)?".
8 (d) Notice shall be given not later than thirty (30) days after the
9 petition is filed. The election shall be held not less than ten (10) days
10 or more than twenty (20) days after the last publication of the notice.
11 before the date of the election.
12 (e) The governing body of each school corporation in which an
13 election is held is bound by the majority vote of those voting. However,
14 if the election falls within a period of not more than six (6) months
15 before a primary or general election, the election shall be held
16 concurrently with the primary or general election if the public question
17 is certified to the county election board not later than the deadline set
18 forth in IC 3-10-9-3.
19 (f) If a majority of those voting in any one (1) school corporation
20 votes against the plan of consolidation, the plan fails. However, the
21 failure does not prevent any or all the school corporations from taking
22 further initial action for the consolidation of school corporations under
23 this chapter.
24 SECTION 5. IC 20-23-6-6, AS AMENDED BY P.L.43-2021,
25 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 6. (a) On the day and hour named in the notice
27 filed under section 5 of this chapter, polls shall be opened and the votes
28 of the registered voters shall be taken upon the public question of
29 consolidating school corporations. The election at which the public
30 question is placed on the ballot under section 5 of this chapter shall
31 be governed by IC 3, except as provided in this chapter.
32 (b) The county election board shall conduct the election. The public
33 question shall be placed on the ballot in the form prescribed by
34 IC 3-10-9-4 and must state "Shall (here insert the names of the school
35 corporations that the resolution proposes to consolidate) be
36 consolidated into a consolidated school corporation?".
37 (c) A brief statement of the provisions in the resolution for
38 appointment or election of a governing body may be placed on the
39 ballot in the form prescribed by IC 3-10-9-4. A certificate of the votes
40 cast for and against the consolidation of the school corporations shall
41 be filed with:
42 (1) the governing body of the school corporations subject to the
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1 election;
2 (2) the secretary of education; and
3 (3) the county recorder of each county in which a consolidated
4 school corporation is located;
5 together with a copy of the resolution.
6 (d) If a majority of the votes cast at each of the elections is in favor
7 of the consolidation of two (2) or more school corporations, the trustees
8 of the school corporations shall proceed to consolidate the schools and
9 provide the necessary buildings and equipment. In any school
10 corporation where a petition was not filed and an election was not held,
11 the failure on the part of the voters to file a petition for an election shall
12 be considered to give the consent of the voters of the school
13 corporation to the consolidation as set out in the resolution.
14 (e) If the special election is not conducted at a primary or general
15 election, the expense of the election shall be borne by the school
16 corporation or each of the school corporations subject to the election
17 and shall be paid out of the school corporation's operations fund.
18 SECTION 6. IC 20-23-7-2, AS AMENDED BY P.L.244-2017,
19 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 2. (a) In any county or adjoining counties at least
21 two (2) school corporations, including school towns, school cities,
22 consolidated school corporations, joint schools, metropolitan school
23 districts, township school districts, or community school corporations,
24 regardless of whether the consolidating school corporations are of the
25 same or of a different character, may consolidate into one (1)
26 metropolitan school district. Subject to subsection (h), the
27 consolidation must be initiated by following either of the following
28 procedures:
29 (1) The board of school trustees, board of education, or other
30 governing body (the board or other governing body is referred to
31 elsewhere in this section as the "governing body") of each school
32 corporation to be consolidated shall:
33 (A) adopt substantially identical resolutions providing for the
34 consolidation; and
35 (B) publish a notice setting out the text of the resolution one
36 (1) time under IC 5-3-1.
37 The resolution must set forth any provision for staggering the
38 terms of the board members of the metropolitan school district
39 elected under this chapter. If, not more than thirty (30) days after
40 publication of the resolution, a petition of protest, signed by at
41 least twenty percent (20%) of the registered voters residing in the
42 school corporation is filed with the clerk of the circuit court of
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1 each county where the voters who are eligible to sign the petition
2 reside, a referendum election shall be held as provided in
3 subsection (c).
4 (2) Instead of the adoption of substantially identical resolutions in
5 each of the proposed consolidating school corporations under
6 subdivision (1), a referendum election under subsection (c) shall
7 be held on the occurrence of all of the following:
8 (A) At least twenty percent (20%) of the registered voters
9 residing in a particular school corporation sign a petition
10 requesting that the school corporation consolidate with another
11 school corporation (referred to in this subsection as "the
12 responding school corporation").
13 (B) The petition described in clause (A) is filed with the clerk
14 of the circuit court of each county where the voters who are
15 eligible to sign the petition reside.
16 (C) Not more than thirty (30) days after the service of the
17 petition by the clerk of the circuit court to the governing body
18 of the responding school corporation under subsection (b) and
19 the certification of signatures on the petition occurs under
20 subsection (b), the governing body of the responding school
21 corporation adopts a resolution approving the petition and
22 providing for the consolidation.
23 (D) An approving resolution has the same effect as the
24 substantially identical resolutions adopted by the governing
25 bodies under subdivision (1), and the governing bodies shall
26 publish the notice provided under subdivision (1) not more
27 than fifteen (15) days after the approving resolution is adopted.
28 However, if a governing body that is a party to the
29 consolidation fails to publish notice within the required fifteen
30 (15) day time period, a referendum election still must be held
31 as provided in subsection (c).
32 If the governing body of the responding school corporation does
33 not act on the petition within the thirty (30) day period described
34 in clause (C), the governing body's inaction constitutes a
35 disapproval of the petition request. If the governing body of the
36 responding school corporation adopts a resolution disapproving
37 the petition or fails to act within the thirty (30) day period, a
38 referendum election as described in subsection (c) may not be
39 held and the petition requesting the consolidation is defeated.
40 (b) Any petition of protest under subsection (a)(1) or a petition
41 requesting consolidation under subsection (a)(2) must show in the
42 petition the date on which each person has signed the petition and the
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1 person's residence on that date. The petition may be executed in several
2 counterparts, the total of which constitutes the petition. Each
3 counterpart must contain the names of voters residing within a single
4 county and shall be filed with the clerk of the circuit court of the
5 county. Each counterpart must have attached to it the affidavit of the
6 person circulating the counterpart that each signature appearing on the
7 counterpart was affixed in that person's presence and is the true and
8 lawful signature of each person who made the signature. Any signer
9 may file the petition or any counterpart of the petition. Each signer on
10 the petition may before and may not after the filing with the clerk
11 withdraw the signer's name from the petition. A name may not be
12 added to the petition after the petition has been filed with the clerk.
13 After the receipt of any counterpart of the petition, each circuit court
14 clerk shall certify:
15 (1) the number of persons signing the counterpart;
16 (2) the number of persons who are registered voters residing
17 within that part of the school corporation located within the
18 clerk's county, as disclosed by the voter registration records in the
19 office of the clerk or the board of registration of the county, or
20 wherever registration records may be kept;
21 (3) the total number of registered voters residing within the
22 boundaries of that part of the school corporation located within
23 the county, as disclosed in the voter registration records; and
24 (4) the date of the filing of the petition.
25 Certification shall be made by each clerk of the circuit court not more
26 than thirty (30) days after the filing of the petition, excluding from the
27 calculation of the period any time during which the registration records
28 are unavailable to the clerk, or within any additional time as is
29 reasonably necessary to permit the clerk to make the certification. In
30 certifying the number of registered voters, the clerk of the circuit court
31 shall disregard any signature on the petition not made within the ninety
32 (90) days immediately before the filing of the petition with the clerk as
33 shown by the dates set out in the petition. The clerk of the circuit court
34 shall establish a record of the certification in the clerk's office and shall
35 serve the original petition and a copy of the certification on the county
36 election board under IC 3-10-9-3 and the governing bodies of each
37 affected school corporation. Service shall be made by mail or manual
38 delivery to the governing bodies, to any officer of the governing bodies,
39 or to the administrative office of the governing bodies, if any, and shall
40 be made for all purposes of this section on the day of the mailing or the
41 date of the manual delivery.
42 (c) The county election board in each county where the proposed
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1 metropolitan school district is located, acting jointly where the
2 proposed metropolitan school district is created and where it is located
3 in more than one (1) county, shall cause any referendum election
4 required under either subsection (a)(1) or (a)(2) to be held in the entire
5 proposed metropolitan district at a special the next election permitted
6 under IC 3-10-9-3(b). The special election shall be not less than sixty
7 (60) days and not more than ninety (90) days after the service of the
8 petition of protest and certification by each clerk of the circuit court
9 under subsection (a)(1) or (a)(2) or after the occurrence of the first
10 action requiring a referendum under subsection (a)(2). However, if a
11 primary or general election at which county officials are to be
12 nominated or elected, or at which city or town officials are to be elected
13 in those areas of the proposed metropolitan school district that are
14 within the city or town, is to be held after the sixty (60) days and not
15 more than six (6) months after the service or the occurrence of the first
16 action, each election board may hold the referendum election with the
17 primary or general election.
18 (d) Notice of the special election shall be given by each election
19 board by publication under IC 5-3-1.
20 (e) Except where it conflicts with this section or cannot be
21 practicably applied, IC 3 applies to the conduct of the referendum
22 election. If the referendum election is not conducted at a primary or
23 general election, the cost of conducting the election shall be charged to
24 each component school corporation included in the proposed
25 metropolitan school district in the same proportion as its assessed
26 valuation bears to the total assessed valuation of the proposed
27 metropolitan school district and shall be paid from the operations fund
28 of each component school corporation not otherwise appropriated,
29 without appropriation.
30 (f) The question in the referendum election shall be placed on the
31 ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
32 school corporations of _________ be formed into one (1) metropolitan
33 school district under IC 20-23-7?" (in which blanks the respective
34 name of the school districts concerned will be inserted).
35 (g) If:
36 (1) a protest petition with the required signatures is not filed after
37 the adoption of substantially identical resolutions of the governing
38 bodies providing for or approving the consolidation as described
39 in subsection (a)(1); or
40 (2) a referendum election occurs in the entire proposed
41 metropolitan district and a majority of the voters in each proposed
42 consolidating school corporation vote in the affirmative;
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1 a metropolitan school district is created and comes into existence in the
2 territory subject to the provisions and under the conditions described
3 in this chapter. The boundaries include all of the territory within the
4 school corporations, and it shall be known as "Metropolitan School
5 District of _______, Indiana" (the name of the district concerned will
6 be inserted in the blank). The name of the district shall be decided by
7 a majority vote of the metropolitan governing board of the metropolitan
8 school district at the first meeting. The metropolitan governing board
9 of the new metropolitan school district shall be composed and elected
10 under this chapter. The failure of any public official or body to perform
11 any duty within the time provided in this chapter does not invalidate
12 any proceedings taken by that official or body, but this provision shall
13 not be construed to authorize a delay in the holding of a referendum
14 election under this chapter.
15 (h) If the governing body of a school corporation is involved in a
16 consolidation proposal under subsection (a)(1) or (a)(2) that fails to
17 result in a consolidation, the:
18 (1) governing body of the school corporation may not initiate a
19 subsequent consolidation with another school corporation under
20 subsection (a)(1); and
21 (2) residents of the school corporation may not file a petition
22 requesting a consolidation with another school corporation under
23 subsection (a)(2);
24 for one (1) year after the date on which the prior consolidation proposal
25 failed.
26 SECTION 7. IC 20-23-8-14, AS ADDED BY P.L.1-2005,
27 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 14. (a) Not more than ten (10) days after a
29 governing body has:
30 (1) initiated;
31 (2) approved; or
32 (3) disapproved;
33 a plan initiated by the petition filed with it, the governing body shall
34 publish a notice one (1) time in a newspaper of general circulation in
35 the county of the school corporation. If a newspaper of general
36 circulation is not published in the county of the school corporation, the
37 governing body shall publish a notice one (1) time in a newspaper of
38 general circulation published in a county adjoining the county of the
39 school corporation.
40 (b) The notice must set out the text of a plan initiated by the
41 governing body or another plan filed with the governing body before
42 the preparation of the notice. The notice must also state the right of a
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1 voter, as provided in this section, to file a petition for alternative plans
2 or a petition protesting the adoption of a plan or plans to which the
3 notice relates.
4 (c) If the governing body fails to publish a notice required by this
5 section, the governing body shall, not more than five (5) days after the
6 expiration of the ten (10) day period for publication of notice under this
7 section, submit the petition that has been filed with the clerk to the
8 state board, whether or not the plan contained in the petition or the
9 petition meets the requirements of this chapter.
10 (d) Not later than one hundred twenty (120) days after the
11 publication of the notice, voters of the school corporation may file with
12 the clerk a petition protesting a plan initiated or approved by the
13 governing body or a petition submitting an alternative plan as follows:
14 (1) A petition protesting a plan shall be signed by at least twenty
15 percent (20%) of the voters of the school corporation or five
16 hundred (500) voters of the school corporation, whichever is less.
17 (2) A petition submitting an alternative plan shall be signed by at
18 least twenty percent (20%) of the voters of the school corporation.
19 A petition filed under this subsection shall be certified by the clerk and
20 shall be filed with the governing body in the same manner as is
21 provided for a petition in section 11 of this chapter.
22 (e) The governing body or the voters may not initiate or file
23 additional plans until the plans that were published in the notice or
24 submitted as alternative plans not later than one hundred twenty (120)
25 days after the publication of the notice have been disposed of by:
26 (1) adoption;
27 (2) defeat at a special an election held under section 16 of this
28 chapter; or
29 (3) combination with another plan by the state board under
30 section 15 of this chapter.
31 SECTION 8. IC 20-23-8-16, AS ADDED BY P.L.1-2005,
32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 16. (a) If:
34 (1) the governing body has disapproved a plan submitted;
35 (2) an alternative plan has been filed; or
36 (3) a petition of protest has been filed;
37 the county election board shall hold a special an election at a on the
38 next date permitted under IC 3-10-9-3(b) to be determined by the
39 county election board not more than ninety (90) days after the receipt
40 of the determination of the state board on a plan in the form certified
41 by the state board.
42 (b) If a special election under subsection (a) can be held not more
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1 than six (6) months after the receipt of the determination from the state
2 board in conjunction with a primary or general election at which:
3 (1) county officials are to be elected or nominated; or
4 (2) city or town officials are to be elected in those areas of the
5 school corporations that are within the city or town;
6 the county election board may delay the special election until the date
7 of the regular election.
8 (c) (b) Subject to IC 3-10-9-3(b), if a school corporation is located
9 in more than one (1) county, the county election board of the county
10 containing the greatest percentage of population of the school
11 corporation shall determine the date of an election held under this
12 section.
13 SECTION 9. IC 20-23-8-18, AS AMENDED BY P.L.244-2017,
14 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 18. (a) The county election board shall give notice
16 of an election under section 16 of this chapter after receiving the form
17 of notice and ballot from the clerk. The county election board shall
18 publish notice one (1) time in two (2) newspapers of general circulation
19 in the school corporation, or if only one (1) newspaper is of general
20 circulation, then in that newspaper. The publication may not be made
21 less than ten (10) days nor more than forty-five (45) days before the
22 election. Any other notice of the election or requirement for the time of
23 printing ballots, whether prescribed by IC 3 or otherwise, is not
24 required to be given or observed. A person may not vote at the special
25 election unless the person is then qualified as a registered voter.
26 (b) IC 3 applies to the conduct of an election under this chapter,
27 except if the provisions of this chapter are in conflict with provisions
28 of IC 3 or if IC 3 cannot be practicably applied.
29 (c) If the special election is not conducted at a primary or general
30 election, the school corporation shall pay the cost of conducting the
31 election from the school corporation's operations fund not otherwise
32 appropriated without appropriation.
33 SECTION 10. IC 20-23-8-19, AS ADDED BY P.L.1-2005,
34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 19. (a) A plan shall be adopted in the following
36 circumstances:
37 (1) At the expiration of one hundred twenty (120) days after the
38 publication of notice by the governing body if:
39 (A) the governing body has initiated or approved the plan;
40 (B) a petition has not been filed either protesting the plan or
41 setting forth an alternative plan; and
42 (C) the state board has reviewed and certified the plan.
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1 (2) If only one (1) plan is on the ballot and it receives more
2 affirmative than negative votes, the plan is adopted at the
3 expiration of thirty (30) days following the special election.
4 (3) If more than one (1) plan is on the ballot, the plan receiving
5 the most votes is adopted at the expiration of thirty (30) days after
6 the special election.
7 (b) The plan is effective:
8 (1) at the time provided in the plan; or
9 (2) if a time is not provided or if the time provided is inapplicable
10 due to the lapse of time of the proceedings under this chapter,
11 either on the January 1 or July 1 following the time of adoption of
12 the plan.
13 SECTION 11. IC 20-23-8-25, AS AMENDED BY P.L.244-2017,
14 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 25. (a) In implementing a plan adopted under this
16 chapter, requiring the holding of a special an election, the county
17 election board, or county election boards in the case of a multicounty
18 school corporation, shall hold, manage, and supervise a special the
19 election.
20 (b) The county election board shall pay the costs of a special the
21 election.
22 (c) A school corporation shall reimburse the county election board
23 from the school corporation's operations fund money not otherwise
24 appropriated, without appropriation, if a special an election occurs
25 under this chapter.
26 SECTION 12. IC 20-26-7-18, AS AMENDED BY P.L.250-2023,
27 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 18. (a) Subject to IC 5-1-11.5, a school
29 corporation may issue and sell bonds under the general statutes
30 governing the issuance of bonds to purchase and improve buildings or
31 lands, or both. Subject to subsection (b), all laws relating to approval
32 (if required) in a local public question under IC 6-1.1-20, the filing of
33 petitions, remonstrances, and objecting petitions, giving notices of the
34 filing of petitions, the determination to issue bonds, and the
35 appropriation of the proceeds of the bonds are applicable to the
36 issuance of bonds under section 17 of this chapter.
37 (b) Notwithstanding IC 6-1.1-20-3.6(e), a local public question
38 described in subsection (a) concerning the issuance or sale of bonds
39 by a school corporation may be placed on the ballot only at an
40 election permitted under IC 3-10-9-3(b).
41 SECTION 13. IC 20-46-1-14, AS AMENDED BY P.L.227-2023,
42 SECTION 135, IS AMENDED TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2024]: Sec. 14. (a) The referendum shall be
2 held in the next primary election, general election, or municipal
3 election permitted under IC 3-10-9-3(b) in which all the registered
4 voters who are residents of the appellant school corporation are entitled
5 to vote after certification of the question. under IC 3-10-9-3. The
6 certification of the question must occur not later than noon
7 (1) seventy-four (74) days before a primary election if the
8 question is to be placed on the primary or municipal primary
9 election ballot; or
10 (2) August 1. if the question is to be placed on the general or
11 municipal election ballot.
12 (b) However, if a primary election, general election, or municipal
13 election will not be held during the first year in which the public
14 question is eligible to be placed on the ballot under this chapter and if
15 the appellant school corporation requests the public question to be
16 placed on the ballot at a special election, the public question shall be
17 placed on the ballot at a special election to be held on the first Tuesday
18 after the first Monday in May or November of the year. The
19 certification must occur not later than noon:
20 (1) seventy-four (74) days before a special election to be held in
21 May (if the special election is to be held in May); or
22 (2) on August 1 (if the special election is to be held in
23 November).
24 (c) If the referendum is not conducted at a primary election, general
25 election, or municipal election, the appellant school corporation in
26 which the referendum is to be held shall pay all the costs of holding the
27 referendum.
28 SECTION 14. IC 20-46-9-14, AS AMENDED BY P.L.227-2023,
29 SECTION 136, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 14. (a) The referendum shall be
31 held in the next primary election, general election, or municipal
32 election permitted under IC 3-10-9-3(b) in which all the registered
33 voters who are residents of the school corporation are entitled to vote
34 after certification of the question. under IC 3-10-9-3. The certification
35 of the question must occur not later than noon
36 (1) seventy-four (74) days before a primary election if the
37 question is to be placed on the primary or municipal primary
38 election ballot; or
39 (2) August 1. if the question is to be placed on the general or
40 municipal election ballot.
41 (b) However, if a primary election, general election, or municipal
42 election will not be held during the first year in which the public
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1 question is eligible to be placed on the ballot under this chapter and if
2 the school corporation requests the public question to be placed on the
3 ballot at a special election, the public question shall be placed on the
4 ballot at a special election to be held on the first Tuesday after the first
5 Monday in May or November of the year. The certification must occur
6 not later than noon:
7 (1) seventy-four (74) days before a special election to be held in
8 May (if the special election is to be held in May); or
9 (2) August 1 (if the special election is to be held in November).
10 (c) If the referendum is not conducted at a primary election, general
11 election, or municipal election, the school corporation in which the
12 referendum is to be held shall pay all the costs of holding the
13 referendum.
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