Introduced Version
HOUSE BILL No. 1209
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5; IC 3-8; IC 3-9; IC 3-10-2-17; IC 3-11;
IC 3-12; IC 3-13-7-2.5; IC 14-33.
Synopsis: Conservancy district board elections. Provides that, after the
appointment of the initial board, members of the board of directors of
a conservancy district shall be chosen by vote of the freeholders of the
conservancy district in the general election held on the first Tuesday
after the first Monday in November of each even-numbered year.
Establishes qualifications for candidates for conservancy district board
positions and establishes a procedure by which an individual may
become a candidate. Makes candidates for conservancy district board
positions subject to certain requirements concerning campaign
committees and contribution limits that apply to other candidates for
elective office. Makes provisions for the voting for and election of
conservancy district board members. Makes conforming changes.
Effective: July 1, 2025.
Steuerwald
January 8, 2025, read first time and referred to Committee on Elections and
Apportionment.
2025 IN 1209—LS 6105/DI 153 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1209
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-1-2 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2025]: Sec. 2. The types of elections to which
3 this title applies are classified as follows:
4 (1) General election, which is conducted statewide on the first
5 Tuesday after the first Monday in November of each
6 even-numbered year.
7 (2) Municipal election, in which the electorate of a municipality
8 chooses by ballot public officials for the municipality or decides
9 a public question lawfully submitted to the electorate of the
10 municipality.
11 (3) Primary election, which is conducted for the purpose of
12 choosing by ballot the following:
13 (A) The candidates who will be the nominees of a political
14 party for elected offices in a general or municipal election.
15 (B) The precinct committeemen of a political party.
16 (C) The delegates to a political party's state convention.
17 (4) School district election, in which the electorate of a school
2025 IN 1209—LS 6105/DI 153 2
1 district chooses by ballot members of the school board.
2 (5) Special election, which is conducted for a special purpose as
3 provided by law.
4 (6) Conservancy district election, in which the freeholders (as
5 defined in IC 14-8-2-104) of a conservancy district choose by
6 ballot one (1) or more members of the board of directors of a
7 conservancy district, and which is conducted statewide on the
8 first Tuesday after the first Monday in November of each
9 even-numbered year.
10 SECTION 2. IC 3-5-2-2.5 IS AMENDED TO READ AS
11 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2.5. "Auxiliary party
12 organization" means an organization located within or outside Indiana
13 that:
14 (1) is affiliated with a political party;
15 (2) proposes to influence the election of a candidate for state,
16 legislative, local, or school board, office, or conservancy district
17 office, or the outcome of a public question; and
18 (3) has not:
19 (A) had an annual budget of five thousand dollars ($5,000) or
20 more in at least one (1) of the last two (2) years; or
21 (B) made a contribution of more than one thousand dollars
22 ($1,000) to another committee or to a candidate.
23 SECTION 3. IC 3-5-2-11.8 IS ADDED TO THE INDIANA CODE
24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
25 1, 2025]: Sec. 11.8. "Conservancy district" means a conservancy
26 district established under IC 14-33.
27 SECTION 4. IC 3-5-2-11.9 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29 1, 2025]: Sec. 11.9. "Conservancy district office" refers to an
30 elected position on the board of directors of a conservancy district.
31 SECTION 5. IC 3-5-2-17 IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2025]: Sec. 17. "Elected office" means a federal
33 office, state office, legislative office, school board office, conservancy
34 district office, or local office. Political party offices (such as precinct
35 committeeman and state convention delegate) are not considered to be
36 elected offices.
37 SECTION 6. IC 3-5-2-19, AS AMENDED BY P.L.219-2013,
38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 19. (a) Except as provided in subsection (b),
40 "election district" means the area comprised by precincts where voters
41 who are qualified to vote for a candidate or on a public question reside
42 and whose votes a candidate or committee proposes to influence.
2025 IN 1209—LS 6105/DI 153 3
1 (b) "Election district", when used in reference to a conservancy
2 district office, means the area within the boundaries of the
3 conservancy district.
4 SECTION 7. IC 3-5-2-24.9 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2025]: Sec. 24.9. (a) "Freehold" means the real property located
7 within the boundaries of a conservancy district that a freeholder
8 holds:
9 (1) in fee;
10 (2) for life; or
11 (3) for some indeterminate period of time.
12 (b) "Freeholder" means a person who holds a freehold solely or
13 in joint title with one (1) or more other persons.
14 SECTION 8. IC 3-5-2-29 IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 29. "Local office" means a circuit
16 office, county office, city office, town office, township office, or other
17 civil office for which the electorate of a political subdivision votes. The
18 term includes all elected offices other than federal, state, legislative,
19 conservancy district, and school board offices.
20 SECTION 9. IC 3-5-2-37 IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 37. (a) Except as provided in
22 subsection (b), "political action committee" means an organization
23 located within or outside Indiana that satisfies all of the following:
24 (1) The organization proposes to influence:
25 (A) the election of a candidate for state, legislative, local,
26 conservancy district, or school board office; or
27 (B) the outcome of a public question.
28 (2) The organization accepts contributions or makes expenditures
29 during a calendar year:
30 (A) to influence the election of a candidate for state,
31 legislative, local, conservancy district, or school board office
32 or the outcome of a public question that will appear on the
33 ballot in Indiana; and
34 (B) that in the aggregate exceed one hundred dollars ($100).
35 (3) The organization is not any of the following:
36 (A) An auxiliary party organization.
37 (B) A legislative caucus committee.
38 (C) A regular party committee.
39 (D) A candidate's committee.
40 (b) A corporation or labor organization that makes a contribution in
41 accordance with IC 3-9-2 or makes an expenditure is not considered a
42 political action committee.
2025 IN 1209—LS 6105/DI 153 4
1 SECTION 10. IC 3-5-4-1.7, AS AMENDED BY P.L.153-2024,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1.7. (a) Except as otherwise expressly authorized
4 or required under this title, a filing by a person with a commission, the
5 election division, an election board, or a county voter registration office
6 may not be made by fax or electronic mail.
7 (b) This subsection does not apply to a petition of nomination
8 described in IC 3-8-2, IC 3-8-3, or IC 3-8-6 that may be forwarded by
9 a county voter registration official to the election division.
10 Notwithstanding subsection (a) and except as provided in IC 3-12-5, a:
11 (1) circuit court clerk;
12 (2) voter registration official; or
13 (3) county election board;
14 may make a filing by fax or electronic mail, if the filing is required
15 under this title to be made with the commission or election division.
16 (c) A petition of nomination filed with a county voter registration
17 office under IC 3-8-2, IC 3-8-2.5, IC 3-8-2.6, IC 3-8-3, or IC 3-8-6 or
18 a petition to place a public question on the ballot, or any other petition
19 filed that requires the county voter registration office to certify the
20 validity of signatures, may not contain the electronic signature,
21 including a signature described in IC 26-2-8-106, digital signature,
22 digitized signature, or photocopied signature of a voter.
23 (d) An electronic signature, digital signature, digitized signature, or
24 photocopied signature of a candidate, campaign finance committee
25 chairman, or campaign finance committee treasurer may be used for
26 campaign finance statements and reports filed under IC 3-9.
27 SECTION 11. IC 3-8-1-1, AS AMENDED BY P.L.194-2013,
28 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 1. (a) This section does not apply to a candidate
30 for any of the following offices:
31 (1) Judge of a city court.
32 (2) Judge of a town court.
33 (b) A person is not qualified to run for:
34 (1) a state office;
35 (2) a legislative office;
36 (3) a local office; or
37 (4) a school board office; or
38 (5) a conservancy district office;
39 unless the person is registered to vote in the election district the person
40 seeks to represent not later than the deadline for filing the declaration
41 or petition of candidacy or certificate of nomination.
42 SECTION 12. IC 3-8-1-2, AS AMENDED BY P.L.278-2019,
2025 IN 1209—LS 6105/DI 153 5
1 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 2. (a) This section does not apply to a candidate
3 challenged under IC 3-8-8.
4 (b) The commission, a county election board, or a town election
5 board shall act if a candidate (or a person acting on behalf of a
6 candidate in accordance with state law) has filed any of the following:
7 (1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
8 (2) A request for ballot placement in a presidential primary under
9 IC 3-8-3.
10 (3) A petition of nomination or candidate's consent to nomination
11 under IC 3-8-2.5, IC 3-8-2.6, or IC 3-8-6.
12 (4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
13 IC 3-10-2-15, or IC 3-10-6-12.
14 (5) A certificate of candidate selection under IC 3-13-1 or
15 IC 3-13-2.
16 (6) A declaration of intent to be a write-in candidate under
17 IC 3-8-2-2.5.
18 (7) A contest to the denial of certification under IC 3-8-2.5,
19 IC 3-8-2.6, or IC 3-8-6-12.
20 (c) The commission has jurisdiction to act under this section with
21 regard to any filing described in subsection (b) that was made with the
22 election division. Except for a filing under the jurisdiction of a town
23 election board, a county election board has jurisdiction to act under this
24 section with regard to any filing described in subsection (b) that was
25 made with the county election board, county voter registration office,
26 or the circuit court clerk. A town election board has jurisdiction to act
27 under this section with regard to any filing that was made with the
28 county election board, the county voter registration office, or the circuit
29 court clerk for nomination or election to a town office.
30 (d) Except as provided in subsection (f), before the commission or
31 election board acts under this section, a registered voter of the election
32 district that a candidate seeks to represent or a county chairman of a
33 major political party of a county in which any part of the election
34 district is located must file a sworn statement before a person
35 authorized to administer oaths, with the election division or election
36 board:
37 (1) questioning the eligibility of the candidate to seek the office;
38 and
39 (2) setting forth the facts known to the voter or county chairman
40 of a major political party of a county concerning this question.
41 (e) The eligibility of a write-in candidate or a candidate nominated
42 by a convention, petition, or primary may not be challenged under this
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1 section if the commission or board determines that all of the following
2 occurred:
3 (1) The eligibility of the candidate was challenged under this
4 section before the candidate was nominated.
5 (2) The commission or board conducted a hearing on the affidavit
6 before the nomination.
7 (3) This challenge would be based on substantially the same
8 grounds as the previous challenge to the candidate.
9 (f) Before the commission or election board can consider a contest
10 to the denial of a certification under IC 3-8-2.5, IC 3-8-2.6, or
11 IC 3-8-6-12, a candidate (or a person acting on behalf of a candidate in
12 accordance with state law) must file a sworn statement with the
13 election division or election board:
14 (1) stating specifically the basis for the contest; and
15 (2) setting forth the facts known to the candidate supporting the
16 basis for the contest.
17 (g) Upon the filing of a sworn statement under subsection (d) or (f),
18 the commission or election board shall determine the validity of the
19 questioned:
20 (1) declaration of candidacy;
21 (2) declaration of intent to be a write-in candidate;
22 (3) request for ballot placement under IC 3-8-3;
23 (4) petition of nomination;
24 (5) certificate of nomination;
25 (6) certificate of candidate selection issued under IC 3-13-1-15 or
26 IC 3-13-2-8; or
27 (7) denial of a certification under IC 3-8-2.5, IC 3-8-2.6, or
28 IC 3-8-6-12.
29 (h) The commission or election board shall deny a filing if the
30 commission or election board determines that the candidate has not
31 complied with the applicable requirements for the candidate set forth
32 in the Constitution of the United States, the Constitution of the State of
33 Indiana, or this title.
34 SECTION 13. IC 3-8-1-35 IS ADDED TO THE INDIANA CODE
35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
36 1, 2025]: Sec. 35. A candidate for a position on the board of
37 directors of a conservancy district must meet the qualifications set
38 forth in IC 3-8-2.6-2(d).
39 SECTION 14. IC 3-8-2-2.5, AS AMENDED BY P.L.227-2023,
40 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 2.5. (a) A person who desires to be a write-in
42 candidate for a federal, state, legislative, or local office, or school board
2025 IN 1209—LS 6105/DI 153 7
1 office, or conservancy district office in a general, municipal, or
2 school board election must file a declaration of intent to be a write-in
3 candidate with the officer with whom declaration of candidacy must be
4 filed under sections 5 and 6 of this chapter.
5 (b) The declaration of intent to be a write-in candidate required
6 under subsection (a) must be signed before a person authorized to
7 administer oaths and must certify the following information:
8 (1) The candidate's name must be printed or typewritten as:
9 (A) the candidate wants the candidate's name to be certified;
10 and
11 (B) the candidate's name is permitted to appear under IC 3-5-7.
12 A candidate must specify, by a designation described in
13 IC 3-5-7-5, each designation that the candidate wants to use that
14 is permitted by IC 3-5-7.
15 (2) A statement that the candidate is a registered voter and the
16 location of the candidate's precinct and township (or ward, if
17 applicable, and city or town), county, and state.
18 (3) The candidate's complete residence address, and if the
19 candidate's mailing address is different from the residence
20 address, the mailing address.
21 (4) Except for a candidate for a conservancy district office, the
22 candidate's party affiliation or a statement that the candidate is an
23 independent candidate (not affiliated with any party). The
24 candidate may not claim affiliation with any political party
25 described by IC 3-8-4-1.
26 (5) A statement of the candidate's intention to be a write-in
27 candidate, the name of the office, including the district, and the
28 date and type of election.
29 (6) If the candidate is a candidate for the office of President or
30 Vice President of the United States, a statement declaring the
31 names of the individuals who have consented and are eligible to
32 be the candidate's candidates for presidential electors and each
33 candidate for alternate presidential elector for each presidential
34 elector.
35 (7) The following statements:
36 (A) A statement that the candidate has attached either of the
37 following to the declaration:
38 (i) A copy of a statement of economic interests, file stamped
39 by the office required to receive the statement of economic
40 interests.
41 (ii) A receipt or photocopy of a receipt showing that a
42 statement of economic interests has been filed.
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1 This requirement does not apply to a candidate for a federal
2 office or conservancy district office.
3 (B) A statement that the candidate understands that if the
4 candidate is elected to the office, the candidate may be
5 required to obtain and file an individual surety bond before
6 serving in the office. This requirement does not apply to a
7 candidate for a federal office or legislative office.
8 (C) A statement that the candidate understands that if the
9 candidate is elected to the office, the candidate may be
10 required to successfully complete training or have attained
11 certification related to service in an elected office. This
12 requirement does not apply to a candidate for a federal office,
13 state office, or legislative office.
14 (D) A statement that the candidate:
15 (i) is aware of the provisions of IC 3-9 regarding campaign
16 finance and the reporting of campaign contributions and
17 expenditures; and
18 (ii) agrees to comply with the provisions of IC 3-9.
19 This requirement does not apply to a candidate for a federal
20 office.
21 The candidate must separately initial each of the statements
22 required by this subdivision.
23 (8) A statement as to whether the candidate has:
24 (A) been a candidate for state, legislative, or local office in a
25 previous primary or general election; and
26 (B) filed all reports required by IC 3-9-5-10 for all previous
27 candidacies.
28 (9) If the candidate is subject to IC 3-9-1-5, a statement that the
29 candidate has filed a campaign finance statement of organization
30 for the candidate's principal committee or is aware that the
31 candidate may be required to file a campaign finance statement of
32 organization not later than noon seven (7) days after the final date
33 to file the declaration of intent to be a write-in candidate under
34 section 4 of this chapter.
35 (10) If the candidate is subject to IC 3-9-1-5.5, a statement that
36 the candidate is required to file a campaign finance statement of
37 organization under IC 3-9 after the first of either of the following
38 occurs:
39 (A) The candidate receives more than five hundred dollars
40 ($500) in contributions.
41 (B) The candidate makes more than five hundred dollars
42 ($500) in expenditures.
2025 IN 1209—LS 6105/DI 153 9
1 (11) A statement that the candidate complies with all
2 requirements under the laws of Indiana to be a candidate for the
3 above named office, including any applicable residency
4 requirements, and that the candidate is not ineligible to be a
5 candidate due to a criminal conviction that would prohibit the
6 candidate from serving in the office.
7 (12) The candidate's signature and telephone number.
8 (c) At the time of filing the declaration of intent to be a write-in
9 candidate, the write-in candidate is considered a candidate for all
10 purposes.
11 (d) A write-in candidate must comply with the requirements under
12 IC 3-8-1 that apply to the office to which the write-in candidate seeks
13 election.
14 (e) A person may not be a write-in candidate in a contest for
15 nomination or for election to a political party office.
16 (f) A write-in candidate for the office of President or Vice President
17 of the United States must list the following:
18 (1) The names of the write-in candidate's candidates for
19 presidential elector. A write-in candidate may not list more than
20 the total number of presidential electors to be chosen in Indiana
21 under this subdivision.
22 (2) The name of the write-in candidate's candidate for each
23 alternate presidential elector for each presidential elector.
24 (g) The election division shall provide that the form of a declaration
25 of intent to be a write-in candidate includes the following information:
26 (1) The dates for filing campaign finance reports under IC 3-9.
27 (2) The penalties for late filing of campaign finance reports under
28 IC 3-9.
29 (h) A declaration of intent to be a write-in candidate must include
30 a statement that the candidate requests the name on the candidate's
31 voter registration record be the same as the name the candidate uses on
32 the declaration of intent to be a write-in candidate. If there is a
33 difference between the name on the candidate's declaration of intent to
34 be a write-in candidate and the name on the candidate's voter
35 registration record, the officer with whom the declaration of intent to
36 be a write-in candidate is filed shall forward the information to the
37 voter registration officer of the appropriate county as required by
38 IC 3-5-7-6(d). The voter registration officer of the appropriate county
39 shall change the name on the candidate's voter registration record to be
40 the same as the name on the candidate's declaration of intent to be a
41 write-in candidate.
42 SECTION 15. IC 3-8-2.6 IS ADDED TO THE INDIANA CODE
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1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]:
3 Chapter 2.6. Nomination for Conservancy District Office
4 Sec. 1. This chapter applies to a candidate for a conservancy
5 district office.
6 Sec. 2. (a) Except as provided in IC 3-12-9-8, IC 14-33-5-1,
7 IC 14-33-5-8, and IC 14-33-5-12, members of the board of directors
8 of a conservancy district shall be elected at the general election by
9 majority vote of the freeholders of the conservancy district.
10 (b) In an even-numbered year, the board shall, not earlier than
11 the first day voter registration begins following the primary as set
12 forth in IC 3-7-13-10(c), advertise any expiring terms on the board
13 by publication of one (1) notice in a newspaper of general
14 circulation in the county in which the conservancy district is
15 located or, if the conservancy district is located in more than one
16 (1) county, in a newspaper of general circulation in each of the
17 counties in which the conservancy district is located.
18 (c) A notice published under subsection (b) must:
19 (1) contain the names of any director whose term is expiring
20 and, if the district is divided into areas under
21 IC 14-33-2-27(a)(2), the area of the district that the director
22 represents;
23 (2) invite freeholders of the district to run in the upcoming
24 general election; and
25 (3) state the qualifications for the office, as set forth in
26 subsection (d).
27 (d) To be a candidate for a position on the board of directors of
28 a conservancy district, an individual must meet the following
29 qualifications:
30 (1) The individual must be:
31 (A) a freeholder of the district; or
32 (B) an officer or a nominee of a corporation that holds real
33 property:
34 (i) in fee; or
35 (ii) for some indeterminate period of time;
36 within the boundaries of the district.
37 (2) If the district is divided into areas under
38 IC 14-33-2-27(a)(2), either:
39 (A) the freehold of the individual must be located in the
40 area of the district represented by the member of the
41 board whose term is expiring; or
42 (B) the individual must be an officer or a nominee of a
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1 corporation that holds real property:
2 (i) in fee; or
3 (ii) for some indeterminate period of time;
4 in the area of the district represented by the member of the
5 board whose term is expiring.
6 (3) The individual must be qualified by knowledge and
7 experience in matters pertaining to the development of the
8 district.
9 Sec. 3. (a) To become a candidate for a conservancy district
10 office, an individual must file a petition of nomination in
11 accordance with this chapter. The petition of nomination, once
12 filed, serves as the candidate's declaration of candidacy for the
13 conservancy district office.
14 (b) Except as provided in subsection (c), the individual filing a
15 petition of nomination under this chapter must write the
16 individual's signature, printed name, and residence address on the
17 petition of nomination.
18 (c) If a petitioner with a disability is unable to write the
19 information described in subsection (b) on the petition of
20 nomination, the petitioner may authorize another individual to
21 write the information on the petitioner's behalf. The individual
22 acting under this subsection shall execute, on a form prescribed by
23 the election division, an affidavit of assistance for each petitioner
24 to whom an individual provides assistance under this subsection.
25 The form must set forth the name and address of the individual
26 providing assistance, and the date on which the individual provided
27 the assistance. The form must be submitted with the petition.
28 (d) A petition of nomination must be signed by at least five (5)
29 freeholders of the conservancy district. If the district is divided into
30 areas under IC 14-33-2-27(a)(2), the freeholders who sign the
31 petition must be freeholders of the area that will be represented by
32 the holder of the position on the board for which the petitioner
33 seeks to become a candidate.
34 Sec. 4. (a) A petition of nomination for a conservancy district
35 office must state all of the following:
36 (1) The name of each candidate as:
37 (A) the candidate wants the candidate's name to appear on
38 the ballot; and
39 (B) the candidate's name is permitted to appear on the
40 ballot under IC 3-5-7.
41 The petition must specify, by a designation described in
42 IC 3-5-7-5, each designation that the candidate wants to use
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1 that is permitted by IC 3-5-7.
2 (2) The address of each candidate, including the mailing
3 address, if different from the residence address of the
4 candidate.
5 (3) The conservancy district office that each candidate seeks.
6 (4) That each petitioner is a qualified registered voter and
7 desires to be able to vote for the candidates listed on the
8 petition.
9 (b) The petition of nomination must be accompanied by the
10 following:
11 (1) The candidate's written consent to become a candidate.
12 (2) A statement that the candidate:
13 (A) is aware of the provisions of IC 3-9 regarding
14 campaign finance and the reporting of campaign
15 contributions and expenditures; and
16 (B) agrees to comply with the provisions of IC 3-9 referred
17 to in clause (A).
18 (3) A statement by the candidate that the candidate is aware
19 of the requirement to file a campaign finance statement of
20 organization under IC 3-9 after the first of either of the
21 following occurs:
22 (A) The candidate receives more than five hundred dollars
23 ($500) in contributions.
24 (B) The candidate makes more than five hundred dollars
25 ($500) in expenditures.
26 (4) A statement indicating whether or not each candidate:
27 (A) has been a candidate for state, legislative, local, or
28 conservancy district office in a previous primary,
29 municipal, special, or general election; and
30 (B) has filed all reports required by IC 3-9-5-10 for all
31 previous candidacies.
32 (5) A statement that each candidate is legally qualified to hold
33 the office that the candidate seeks.
34 Sec. 5. A candidate for a conservancy district office is not
35 required to file a statement of organization for the candidate's
36 principal committee unless the candidate has received
37 contributions or made expenditures requiring the filing of a
38 statement under IC 3-9-1-5.5. If a candidate for a conservancy
39 district office is required to file a statement of organization for the
40 candidate's principal committee, the statement of organization
41 must be filed by noon seven (7) days after the final date for filing
42 a petition of nomination or declaration of intent to be a write-in
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1 candidate.
2 Sec. 6. (a) A petition of nomination for a conservancy district
3 office must be filed:
4 (1) not earlier than the first day voter registration begins
5 following the primary as set forth in IC 3-7-13-10(c); and
6 (2) not later than noon thirty (30) days from the date specified
7 in subdivision (1).
8 The petition must be subscribed and sworn to before a person
9 authorized to administer oaths.
10 (b) A declaration of intent to be a write-in candidate for a
11 conservancy district office must be filed:
12 (1) not earlier than ninety (90) days before the general
13 election is held; and
14 (2) not later than noon seventy-four (74) days before the
15 general election is held.
16 The declaration must be subscribed and sworn to before a person
17 authorized to administer oaths.
18 (c) A person who files a petition of nomination for a
19 conservancy district office may, at any time not later than noon
20 July 15 before the general election, file a statement with the same
21 office where the person filed the petition of nomination stating that
22 the person is no longer a candidate and does not wish the person's
23 name to appear on the election ballot as a candidate.
24 (d) A person who files a declaration of intent to be a write-in
25 candidate for a conservancy district office may, at any time not
26 later than noon seventy-one (71) days before the general election,
27 file a statement with the same office where the person filed the
28 declaration of intent, stating that the person is no longer a write-in
29 candidate for the office.
30 Sec. 7. (a) If a conservancy district is located entirely within one
31 (1) county, a petition of nomination for the candidate to a
32 conservancy district office must be filed with the county voter
33 registration office of the county. The county voter registration
34 office of the county shall examine the voter registration records of
35 the election district to determine whether each petitioner is eligible
36 to vote for the candidates being nominated by the petition.
37 (b) If a conservancy district is located within more than one (1)
38 county, a petition of nomination for the candidate to a conservancy
39 district office must be filed with the county voter registration office
40 of the county having the greatest number of freeholds of the
41 conservancy district.
42 (c) The county voter registration office shall examine the list of
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1 freeholders of the conservancy district prepared by the board of
2 directors of the conservancy district under IC 14-33-5-5 to
3 determine whether:
4 (1) the petitioner meets the qualifications set forth in section
5 2(d) of this chapter; and
6 (2) the individuals who signed the petition under section 3(d)
7 of this chapter are:
8 (A) freeholders of the conservancy district; and
9 (B) if the conservancy district is divided into areas under
10 IC 14-33-2-27(a)(2), freeholders of the area that will be
11 represented by the holder of the position on the board for
12 which the petitioner seeks to become a candidate.
13 (d) If the county voter registration office determines under
14 subsection (c) that the petitioner meets the qualifications for
15 candidacy and the individuals who signed the petition meet the
16 requirements set forth in subsection (c)(2), the office shall forward
17 the petition of nomination to the circuit court clerk.
18 Sec. 8. (a) After receiving a petition of nomination under section
19 7(d) of this chapter, the circuit court clerk shall:
20 (1) determine whether the number of individuals who signed
21 the petition is sufficient to meet the requirement of section
22 3(d) of this chapter; and
23 (2) do one (1) of the following:
24 (A) If the petition includes a sufficient number of
25 signatures, certify the petition.
26 (B) If the petition has an insufficient number of signatures,
27 deny the certification.
28 (b) If the circuit court clerk with whom the petition was filed
29 denies certification under subsection (a), the clerk shall notify the
30 candidate immediately in person or by certified mail.
31 (c) A candidate may contest a denial of certification under
32 subsection (a)(2)(B) using the procedure set forth in IC 3-8-1-2 and
33 section 9 of this chapter that applies to questions concerning the
34 validity of a petition of nomination.
35 Sec. 9. (a) A person may not be selected as a candidate by
36 petition of nomination without giving written consent and having
37 it filed with the public official with whom certificates and petitions
38 of nomination are required to be filed.
39 (b) Each candidate nominated by petition of nomination for a
40 conservancy district office must satisfy all statutory eligibility
41 requirements for the office for which the candidate is nominated.
42 (c) A statement questioning the validity of a petition of
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1 nomination or contesting the denial of certification under section
2 8 of this chapter must be filed with the county election board in
3 accordance with IC 3-8-1-2 not later than noon seventy-four (74)
4 days before the date of the general election. A question regarding
5 the validity of a petition of nomination or the denial of certification
6 shall be referred to and determined by the county election board
7 not later than noon sixty (60) days before the date of the general
8 election.
9 (d) A statement concerning the validity of a declaration of intent
10 to be a write-in candidate for a conservancy district office under
11 section 6 of this chapter must be filed with the county election
12 board in accordance with IC 3-8-1-2 not later than noon
13 sixty-seven (67) days before the date of the general election. A
14 question regarding the validity of a declaration of intent to be a
15 write-in candidate for a conservancy district office shall be
16 referred to and determined by the county election board not later
17 than noon fifty-four (54) days before the date of the general
18 election.
19 Sec. 10. (a) This section applies if a person:
20 (1) files a petition of nomination under this chapter;
21 (2) moves from the election district that the person sought to
22 represent following the filing of the petition of nomination;
23 (3) does not file a notice of withdrawal of candidacy under this
24 chapter; and
25 (4) is no longer an active candidate.
26 (b) A candidate for the conservancy district office sought by the
27 person described in subsection (a) may, upon determining that this
28 section applies, file an action in the circuit court, superior court, or
29 probate court in the county where the person described in
30 subsection (a) resided. The complaint in this action must:
31 (1) name the person described in subsection (a) and the public
32 official responsible for placing that person's name on the
33 ballot as defendants;
34 (2) state that this section applies to the person; and
35 (3) be filed not later than a notice of withdrawal could have
36 been filed under this chapter.
37 (c) When a complaint is filed under subsection (b), the circuit
38 court, superior court, or probate court shall conduct a hearing and
39 rule on the petition not later than ten (10) days after the petition is
40 filed.
41 (d) If the court finds in favor of the plaintiff, a candidate
42 vacancy occurs on the general election ballot.
2025 IN 1209—LS 6105/DI 153 16
1 (e) The candidate vacancy resulting from the removal of the
2 name of a candidate nominated by petition for a conservancy
3 district office may not be filled.
4 SECTION 16. IC 3-8-7-28, AS AMENDED BY P.L.216-2015,
5 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 28. (a) Except as provided in subsections (b) and
7 (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or
8 IC 3-10-1 desires to withdraw as the nominee, the nominee must file a
9 notice of withdrawal in writing with the public official with whom the
10 certificate of nomination was filed by noon:
11 (1) July 15 before a general or municipal election;
12 (2) August 1 before a municipal election in a town subject to
13 IC 3-8-5-10;
14 (3) on the date specified for town convention nominees under
15 IC 3-8-5-14.5;
16 (4) on the date specified for declared write-in candidates under
17 IC 3-8-2-2.7;
18 (5) on the date specified for a school board candidate under
19 IC 3-8-2.5-4 or for a conservancy district candidate under
20 IC 3-8-2.6-6; or
21 (6) forty-five (45) days before a special election.
22 (b) A candidate who is disqualified from being a candidate under
23 IC 3-8-1-5 must file a notice of withdrawal immediately upon
24 becoming disqualified. IC 3-8-8-7 and the filing requirements of
25 subsection (a) do not apply to a notice of withdrawal filed under this
26 subsection.
27 (c) A candidate who has moved from the election district the
28 candidate sought to represent must file a notice of withdrawal
29 immediately after changing the candidate's residence. IC 3-8-8-7 and
30 the filing requirements of subsection (a) do not apply to a notice of
31 withdrawal filed under this subsection.
32 SECTION 17. IC 3-9-1-1 IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in
34 subsection (b), this chapter applies to candidates in all elections and
35 caucuses and to the following types of committees:
36 (1) Candidate's committees.
37 (2) Regular party committees.
38 (3) Political action committees.
39 (4) Legislative caucus committees.
40 (b) This chapter does not apply to the following:
41 (1) A candidate for a local office for which the compensation is
42 less than five thousand dollars ($5,000) per year unless the
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1 candidate is required to file a written instrument designating a
2 principal committee under section 5.5 of this chapter.
3 (2) A candidate for school board office or conservancy district
4 office unless the candidate is required to file a written instrument
5 designating a principal committee under section 5.5 of this
6 chapter.
7 (3) Elections for precinct committeeman or delegate to a state
8 convention.
9 (4) An auxiliary party organization.
10 SECTION 18. IC 3-9-1-5 IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This section does not apply
12 to the following candidates:
13 (1) A candidate for a local office for which the compensation is
14 less than five thousand dollars ($5,000) per year.
15 (2) A candidate for a school board office or conservancy district
16 office.
17 (b) Each candidate shall have a principal committee.
18 (c) A candidate shall file a written instrument designating the name
19 of the principal committee and the names of the chairman and treasurer
20 of the committee. The written instrument must be filed not later than
21 the earliest of the following:
22 (1) Noon ten (10) days after becoming a candidate.
23 (2) Noon seven (7) days after the final date and hour for filing any
24 of the following, whichever applies to the candidate:
25 (A) A declaration of candidacy under IC 3-8-2.
26 (B) A petition of nomination under IC 3-8-6.
27 (C) A certificate of nomination under IC 3-8-7-8.
28 (D) A certificate of candidate selection under IC 3-13-1 or
29 IC 3-13-2.
30 (E) A declaration of intent to be a write-in candidate under
31 IC 3-8-2.
32 (3) The date a candidate is required to file the candidate's first
33 campaign finance report under IC 3-9-5.
34 (d) This designation may be made on the same instrument as the
35 statement of organization required from the principal committee.
36 SECTION 19. IC 3-9-1-5.5 IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5.5. (a) This section
38 applies to the following candidates:
39 (1) A candidate for a local office for which the compensation is
40 less than five thousand dollars ($5,000) per year.
41 (2) A candidate for a school board office or conservancy district
42 office.
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1 (b) A candidate shall have a principal committee.
2 (c) Not later than noon ten (10) days after either:
3 (1) the candidate receives more than five hundred dollars ($500)
4 in contributions; or
5 (2) the candidate makes more than five hundred dollars ($500) in
6 expenditures;
7 whichever occurs first, the candidate shall file a written instrument
8 designating the name of the principal committee and the names of the
9 chairman and treasurer of the committee.
10 (d) This designation may be made on the same instrument as the
11 statement of organization required from the principal committee.
12 SECTION 20. IC 3-9-1-12, AS AMENDED BY P.L.225-2011,
13 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 12. (a) A committee may disband at any time in
15 the manner prescribed by this section.
16 (b) The commission or a county election board may administratively
17 disband a committee in the manner prescribed by this section.
18 (c) The commission has exclusive jurisdiction to disband any of the
19 following:
20 (1) A candidate's committee for state office.
21 (2) A candidate's committee for legislative office.
22 (3) A legislative caucus committee.
23 (4) A political action committee that has filed a statement or
24 report with the election division.
25 (5) A regular party committee that has filed a statement or report
26 with the election division.
27 (d) A county election board has exclusive jurisdiction to disband
28 any of the following:
29 (1) A candidate's committee for a local office.
30 (2) A candidate's committee for a school board office or
31 conservancy district office.
32 (3) A political action committee that has filed a statement or
33 report with the election board, unless the political action
34 committee has also filed a report with the election division.
35 (4) A regular party committee that has filed a statement or report
36 with the election board, unless the regular party committee has
37 also filed a report with the election division.
38 (e) The commission or a county election board may administratively
39 disband a committee in the following manner:
40 (1) Not later than the last Friday of January of each year, the
41 election division or county election board shall review the list of
42 committees that have filed statements of organization with the
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1 division or board under this article.
2 (2) If the election division or county election board determines
3 both of the following, the election division or county election
4 board may begin a proceeding before the commission or board to
5 administratively disband the committee:
6 (A) The committee has not filed any report of expenditures
7 during the previous three (3) calendar years.
8 (B) The committee last reported cash on hand in an amount
9 that does not exceed one thousand dollars ($1,000), if the
10 committee filed a report under this article.
11 (3) The election division or county election board shall provide
12 notice of the proceeding by certified mail to the last known
13 address of the chairman and treasurer of the committee.
14 (4) The commission or board may issue an order administratively
15 dissolving the committee if the commission or board makes the
16 following findings:
17 (A) There is no evidence that the committee continues to
18 receive contributions, make expenditures, or otherwise
19 function as a committee.
20 (B) According to the best evidence available to the
21 commission or board, the dissolution of the committee will not
22 impair any contract or impede the collection of a debt or
23 judgment by any person.
24 (5) If the commission or board:
25 (A) administratively dissolves a committee under subdivision
26 (4); and
27 (B) finds that the prudent use of public resources makes
28 further efforts to collect any outstanding civil penalty imposed
29 against the committee wasteful or unjust;
30 the commission or board may also waive the outstanding civil
31 penalty previously imposed by the commission or board against
32 the committee.
33 (6) The election division shall arrange for the publication in the
34 Indiana Register of an order administratively disbanding a
35 committee. A county election board shall publish a notice under
36 IC 5-3-1 stating that the board has disbanded a committee under
37 this subsection. The notice must state the date of the order and the
38 name of the committee, but the board is not required to publish
39 the text of the order.
40 (7) An order issued under this subsection takes effect immediately
41 upon its adoption, unless otherwise specified in the order.
42 (f) If the chairman or treasurer of a committee wishes to disband the
2025 IN 1209—LS 6105/DI 153 20
1 committee, the committee must do either of the following:
2 (1) Give written notification of the dissolution and transfer a
3 surplus of contributions less expenditures to any one (1) or a
4 combination of the following:
5 (A) One (1) or more regular party committees.
6 (B) One (1) or more candidate's committees.
7 (C) The election division.
8 (D) An organization exempt from federal income taxation
9 under Section 501 of the Internal Revenue Code.
10 (E) Contributors to the committee, on a pro rata basis.
11 (2) Use the surplus in any other manner permitted under
12 IC 3-9-3-4.
13 (g) Except as provided in subsection (e) concerning the waiver of
14 civil penalties, a dissolution or transfer of funds does not relieve the
15 committee or the committee's members from any:
16 (1) civil liability, including the liability of the committee's
17 chairman or treasurer for the payment of any debts incurred by or
18 on behalf of the committee; or
19 (2) criminal liability.
20 SECTION 21. IC 3-9-2-4 IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 4. During a year a corporation or
22 labor organization may not make total contributions in excess of:
23 (1) an aggregate of five thousand dollars ($5,000) apportioned in
24 any manner among all candidates for state offices (including a
25 judge of the court of appeals whose retention in office is voted on
26 by a district that does not include all of Indiana);
27 (2) an aggregate of five thousand dollars ($5,000) apportioned in
28 any manner among all state committees of political parties;
29 (3) an aggregate of two thousand dollars ($2,000) apportioned in
30 any manner among all candidates for the senate of the general
31 assembly;
32 (4) an aggregate of two thousand dollars ($2,000) apportioned in
33 any manner among all candidates for the house of representatives
34 of the general assembly;
35 (5) an aggregate of two thousand dollars ($2,000) apportioned in
36 any manner among regular party committees organized by a
37 legislative caucus of the senate of the general assembly;
38 (6) an aggregate of two thousand dollars ($2,000) apportioned in
39 any manner among regular party committees organized by a
40 legislative caucus of the house of representatives of the general
41 assembly;
42 (7) an aggregate of two thousand dollars ($2,000) apportioned in
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1 any manner among all candidates for school board offices and
2 local offices; and
3 (8) an aggregate of two thousand dollars ($2,000) apportioned in
4 any manner among all central committees other than state
5 committees; and
6 (9) an aggregate of two thousand dollars ($2,000) apportioned
7 in any manner among all candidates for a conservancy district
8 office.
9 SECTION 22. IC 3-9-4-1 IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in
11 subsection (b), this chapter applies to candidates in all elections and
12 caucuses and to the following types of committees:
13 (1) Candidate's committees.
14 (2) Regular party committees.
15 (3) Political action committees.
16 (4) A legislative caucus committee.
17 (b) This chapter does not apply to the following:
18 (1) A candidate for a local office for which the compensation is
19 less than five thousand dollars ($5,000) per year unless the
20 candidate is required to file a written instrument designating a
21 principal committee under IC 3-9-1-5.5.
22 (2) Elections for precinct committeeman or delegate to a state
23 convention.
24 (3) A candidate for a school board office or conservancy district
25 office unless the candidate is required to file a written instrument
26 designating a principal committee under IC 3-9-1-5.5.
27 (4) An auxiliary party organization.
28 SECTION 23. IC 3-9-5-1 IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in
30 subsection (b), this chapter applies to candidates in all elections and
31 caucuses and to the following types of committees:
32 (1) Candidate's committees.
33 (2) Regular party committees.
34 (3) Political action committees.
35 (4) A legislative caucus committee.
36 (b) This chapter does not apply to the following:
37 (1) A candidate for a local office for which the compensation is
38 less than five thousand dollars ($5,000) per year unless the
39 candidate is required to file a written instrument designating a
40 principal committee under IC 3-9-1-5.5.
41 (2) A candidate for school board office or conservancy district
42 office unless the candidate is required to file a written instrument
2025 IN 1209—LS 6105/DI 153 22
1 designating a principal committee under IC 3-9-1-5.5.
2 (3) Elections for precinct committeeman or delegate to a state
3 convention.
4 (4) An auxiliary party organization.
5 SECTION 24. IC 3-9-8-2, AS ADDED BY P.L.81-2024, SECTION
6 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
7 2025]: Sec. 2. (a) For purposes of this chapter, subject to subsection
8 (b), "candidate" has the meaning set forth in IC 3-5-2-6.
9 (b) For purposes of this chapter, "candidate" includes an individual
10 who holds an elected office, including:
11 (1) a federal or state office, including a federal or state legislative
12 office;
13 (2) a school board office or conservancy district office; or
14 (3) a local office.
15 SECTION 25. IC 3-10-2-17 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2025]: Sec. 17. Notwithstanding any other statute, a member of
18 the board of directors of a conservancy district shall be elected at
19 the general election held immediately before the term of office for
20 that position on the board of directors of the conservancy district
21 expires.
22 SECTION 26. IC 3-11-2-1.5 IS ADDED TO THE INDIANA CODE
23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
24 1, 2025]: Sec. 1.5. If:
25 (1) at least one (1) member of a conservancy district board of
26 directors will be elected in a general election; and
27 (2) in the judgment of a county election board, the number of
28 freeholders (as defined in IC 14-8-2-104) who are eligible to
29 vote for the conservancy district office is such a small
30 minority of the voters of the precinct that it would not be
31 feasible for the paper ballots, electronic voting system, or
32 optical scan voting system that will be used for the voting for
33 all other offices to also be used for voting for the conservancy
34 district office;
35 the county election board may use a separate paper ballot
36 exclusively for the voting for the conservancy district office.
37 SECTION 27. IC 3-11-2-12.6 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2025]: Sec. 12.6. (a) If the conservancy
40 district offices to be elected at the general election will be placed on
41 the general election ballot, those offices shall be placed on the
42 ballot after the offices described in section 12.4 of this chapter but
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1 before the offices described in section 13 of this chapter, with each
2 candidate for the office designated as "nonpartisan".
3 (b) If the conservancy district offices to be elected at the general
4 election will be placed on a separate paper ballot under section 1.5
5 of this chapter, each candidate for a conservancy district office
6 shall be designated on the separate paper ballot as "nonpartisan".
7 (c) A ballot that contains a candidate for a conservancy district
8 office must also contain a statement that reads substantially as
9 follows: "To vote for a candidate for this office, make a voting
10 mark on or in the square to the left of the candidate's name.".
11 SECTION 28. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
12 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), a
14 ballot card voting system must permit a voter to vote:
15 (1) except at a primary election, a straight party ticket for all of
16 the candidates of one (1) political party by a single voting mark
17 on each ballot card;
18 (2) for one (1) or more candidates of each political party or
19 independent candidates, or for one (1) or more school board
20 candidates or conservancy district office candidates nominated
21 by petition;
22 (3) a split ticket for the candidates of different political parties
23 and for independent candidates; or
24 (4) a straight party ticket and then split that ticket by casting
25 individual votes for candidates of another political party or
26 independent candidate.
27 (b) A ballot card voting system must require that a voter who wishes
28 to cast a ballot for a candidate for election to an at-large district to
29 which more than one person may be elected, on a:
30 (1) county council;
31 (2) city common council;
32 (3) town council; or
33 (4) township board;
34 make a voting mark for each individual candidate for whom the voter
35 wishes to cast a vote. The ballot card voting system may not count any
36 straight party ticket voting mark as a vote for any candidate for an
37 office described by this subsection.
38 (c) A ballot card voting system must permit a voter to vote:
39 (1) for all candidates for presidential electors and alternate
40 presidential electors of a political party or an independent ticket
41 by making a single voting mark; and
42 (2) for or against a public question on which the voter may vote.
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1 SECTION 29. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
2 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 10. (a) Except as provided in subsection (b), an
4 electronic voting system must permit a voter to vote:
5 (1) except at a primary election, a straight party ticket for all the
6 candidates of one (1) political party by touching the device of that
7 party;
8 (2) for one (1) or more candidates of each political party or
9 independent candidates, or for one (1) or more school board
10 candidates or conservancy district office candidates nominated
11 by petition;
12 (3) a split ticket for the candidates of different political parties
13 and for independent candidates; or
14 (4) a straight party ticket and then split that ticket by casting
15 individual votes for candidates of another political party or
16 independent candidates.
17 (b) An electronic voting system must require that a voter who
18 wishes to cast a ballot for a candidate for election to an at-large district
19 to which more than one person may be elected, on a:
20 (1) county council;
21 (2) city common council;
22 (3) town council; or
23 (4) township board;
24 make a voting mark for each individual candidate for whom the voter
25 wishes to cast a vote. The electronic voting system may not count any
26 straight party ticket voting mark as a vote for any candidate for an
27 office described by this subsection.
28 (c) An electronic voting system must permit a voter to vote:
29 (1) for as many candidates for an office as the voter may vote for,
30 but no more;
31 (2) for or against a public question on which the voter may vote,
32 but no other; and
33 (3) for all the candidates for presidential electors and alternate
34 presidential electors of a political party or an independent ticket
35 by making a single voting mark.
36 SECTION 30. IC 3-11-14-12.5 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 12.5. In conservancy district
39 elections, the county election board shall arrange the names of
40 candidates in alphabetical order on an electronic voting system.
41 SECTION 31. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
42 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2025]: Sec. 7. (a) This subsection applies whenever a voter:
2 (1) votes a straight party ticket; and
3 (2) votes only for one (1) or more individual candidates who are
4 all of the same political party as the straight ticket vote.
5 Except as provided in subsection (d) or (e), the straight ticket vote shall
6 be counted and the individual candidate votes may not be counted.
7 (b) This subsection applies whenever:
8 (1) a voter has voted a straight party ticket for the candidates of
9 one (1) political party;
10 (2) only one (1) person may be elected to an office; and
11 (3) the voter has voted for one (1) individual candidate for the
12 office described in subdivision (2) who is:
13 (A) a candidate of a political party other than the party for
14 which the voter voted a straight ticket; or
15 (B) an independent candidate or declared write-in candidate
16 for the office.
17 If the voter has voted for one (1) individual candidate for the office
18 described in subdivision (2), the individual candidate vote for that
19 office shall be counted, the straight party ticket vote for that office may
20 not be counted, and the straight party ticket votes for other offices on
21 the ballot shall be counted.
22 (c) This subsection applies whenever:
23 (1) a voter has voted a straight party ticket for the candidates of
24 one (1) political party; and
25 (2) the voter has voted for more individual candidates for the
26 office than the number of persons to be elected to that office.
27 The individual candidate votes for that office may not be counted, the
28 straight party ticket vote for that office may not be counted, and the
29 straight party ticket votes for other offices on the ballot shall be
30 counted.
31 (d) This subsection applies whenever:
32 (1) a voter has voted a straight party ticket for the candidates of
33 one (1) political party;
34 (2) more than one (1) person may be elected to an office; and
35 (3) the voter has voted for individual candidates for the office
36 described in subdivision (2) who are:
37 (A) independent candidates or declared write-in candidates;
38 (B) candidates of a political party other than the political party
39 for which the voter cast a straight party ticket under
40 subdivision (1); or
41 (C) a combination of candidates described in clauses (A) and
42 (B).
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1 The individual votes cast by the voter for the office for the independent
2 candidates, declared write-in candidates, and the candidates of a
3 political party other than the political party for which the voter cast a
4 straight party ticket shall be counted unless the total number of these
5 individual votes is greater than the number of persons to be elected to
6 the office. The straight party ticket votes for the office shall not be
7 counted. The straight party ticket votes for other offices on the voter's
8 ballot shall be counted.
9 (e) This subsection applies whenever:
10 (1) a voter has voted a straight party ticket for the candidates of
11 one (1) political party;
12 (2) more than one (1) person may be elected to an office; and
13 (3) the voter has voted for individual candidates for the office
14 described in subdivision (2) who are:
15 (A) independent candidates, declared write-in candidates, or
16 candidates of a political party other than the political party for
17 which the voter cast a straight party ticket under subdivision
18 (1); and
19 (B) candidates of the same political party for which the voter
20 cast a straight party ticket under subdivision (1).
21 The individual votes cast by the voter for the office for the independent
22 candidates, the declared write-in candidates, and the candidates of a
23 political party other than the political party for which the voter cast a
24 straight party ticket, and the candidates of the political party for which
25 the voter cast a straight party ticket shall be counted unless the total
26 number of these individual votes is greater than the number of persons
27 to be elected to the office. The straight party ticket votes for the office
28 shall not be counted. The straight party ticket votes for other offices on
29 the voter's ballot shall be counted.
30 (f) If a voter votes a straight party ticket for more than one (1)
31 political party, the whole ballot is void with regard to all candidates
32 nominated by a political party, declared write-in candidates, or
33 candidates designated as independent candidates on the ballot.
34 However, the voter's vote for a school board candidate, conservancy
35 district candidate, or on a public question shall be counted if
36 otherwise valid under this chapter.
37 (g) If a voter does not vote a straight party ticket and the number of
38 votes cast by that voter for the candidates for an office are less than or
39 equal to the number of openings for that office, the individual
40 candidates votes shall be counted.
41 (h) If a voter does not vote a straight party ticket and the number of
42 votes cast by that voter for an office exceeds the number of openings
2025 IN 1209—LS 6105/DI 153 27
1 for that office, none of the votes concerning that office may be counted.
2 SECTION 32. IC 3-12-4-9 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. (a) This subsection
4 applies to:
5 (1) a local or school board office with an election district located
6 entirely within one (1) county, except for an office for which a
7 declaration of candidacy is filed with the election division under
8 IC 3-8-2; and
9 (2) a position on the board of directors of a conservancy
10 district that is located entirely within one (1) county; and
11 (2) (3) a political party office, such as precinct committeeman or
12 state convention delegate, elected at a primary election.
13 After the county election board has tabulated the vote, the board shall
14 declare the candidate receiving the highest number of votes for each
15 office to be elected.
16 (b) The county election board shall tabulate the votes cast for and
17 against each local public question placed on the ballot by the county
18 election board under IC 3-10-9-2 and, if the local public question is
19 placed on the ballot only in that county, declare the public question
20 approved or rejected.
21 (c) The county election board shall tabulate the votes cast for and
22 against each public question voted on by the electorate of the whole
23 state.
24 (d) The board shall certify the election results in a statement
25 prepared by the circuit court clerk.
26 SECTION 33. IC 3-12-5-2 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Whenever a
28 candidate is elected:
29 (1) to a local, or school board, or conservancy district office
30 other than:
31 (A) one for which a town clerk-treasurer issues a certificate of
32 election under IC 3-10-7-34; or
33 (B) one commissioned by the governor under IC 4-3-1-5; or
34 (2) a precinct committeeman or state convention delegate;
35 the circuit court clerk shall, when permitted under section 16 of this
36 chapter, prepare and deliver to the candidate on demand a certificate
37 of the candidate's election.
38 (b) This subsection applies to a local, or school board, or
39 conservancy district office described in subsection (a) with an
40 election district located in more than one (1) county and to a local
41 public question placed on the ballot in more than one (1) county. The
42 circuit court clerk of the county that contains the greatest percentage of
2025 IN 1209—LS 6105/DI 153 28
1 the population of the election district shall, upon demand of the
2 candidate or a person entitled to request a recount of the votes cast on
3 a public question under IC 3-12-12:
4 (1) obtain the certified statement of the votes cast for that office
5 or on that question that was prepared under IC 3-12-4-9 from the
6 circuit court clerk in each other county in which the election
7 district is located;
8 (2) tabulate the total votes cast for that office or on that question
9 as shown on the certified statement of each county in the election
10 district; and
11 (3) issue a certificate of election to the candidate when permitted
12 under section 16 of this chapter or a certificate declaring the local
13 public question approved or rejected.
14 SECTION 34. IC 3-12-6-1 IS AMENDED TO READ AS
15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Any candidate for
16 nomination or election to a local, or school board, or conservancy
17 district office is entitled to have the votes cast for that office recounted
18 under this chapter.
19 (b) If a candidate who is entitled to have the votes recounted under
20 this chapter does not file a petition within the period established by
21 section 2 of this chapter, the county chairman of a political party in the
22 precinct in which the recount is desired may file a petition to have the
23 votes recounted. A county chairman is entitled to have the votes
24 recounted only in a partisan race.
25 (c) The right of recount may be exercised for one (1) or more of the
26 precincts in which votes were cast for the office.
27 SECTION 35. IC 3-12-8-1, AS AMENDED BY P.L.278-2019,
28 SECTION 149, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This section does not apply
30 to a challenge filed before an election to the eligibility of a candidate
31 nominated by petition for election to an office. The challenge described
32 by this subsection must be conducted in accordance with IC 3-8-1-2.
33 (b) Any candidate for nomination or election to a local, or school
34 board, or conservancy district office may contest the nomination or
35 election of a candidate who is declared nominated or elected to the
36 office, except a candidate who:
37 (1) receives the most votes in a primary election; and
38 (2) is certified as deceased under IC 3-8-7-1.
39 (c) If a candidate who is entitled to contest the nomination or
40 election of a candidate under this chapter does not file a petition within
41 the period established by section 5 of this chapter, the county chairman
42 of a political party of which the candidate entitled to file a petition
2025 IN 1209—LS 6105/DI 153 29
1 under this chapter was a member may file a petition to contest the
2 nomination or election of a candidate. A county chairman is entitled to
3 contest an election under this chapter only in a partisan race.
4 (d) This subsection applies to an election for a school board office.
5 If there is no candidate who is entitled to contest the election of another
6 candidate to a school board office, a voter of the school corporation
7 may file a petition to contest the election of the candidate.
8 (e) This subsection applies to an election for a conservancy
9 district office. If there is no candidate who is entitled to contest the
10 election of another candidate to a conservancy district office, a
11 freeholder of the conservancy district may file a petition to contest
12 the election of the candidate.
13 SECTION 36. IC 3-12-9-3, AS AMENDED BY P.L.9-2024,
14 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 3. Whenever a circuit court clerk receives
16 certification that a tie vote at an election for a local, office or a school
17 board, or conservancy district office occurred, the clerk shall
18 immediately send a written notice of the tie vote to:
19 (1) the fiscal body of the affected political subdivision; or
20 (2) if the tie vote occurred in an election for a circuit office in a
21 circuit that includes more than one (1) county, the fiscal body of
22 each county of the circuit; or
23 (3) if the tie vote occurred in an election for a conservancy
24 district office, the board of directors of the conservancy
25 district.
26 SECTION 37. IC 3-12-9-5 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. Whenever a tie vote
28 at an election for:
29 (1) a state office;
30 (2) a local office; or
31 (3) a school board office; or
32 (4) a conservancy district office;
33 occurs, the incumbent public official remains in office in accordance
34 with Article 15, Section 3 of the Constitution of the State of Indiana
35 until a successor is elected under this chapter and qualified.
36 SECTION 38. IC 3-12-9-8 IS ADDED TO THE INDIANA CODE
37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38 1, 2025]: Sec. 8. If two (2) candidates for a position on the board of
39 directors of a conservancy district receive an equal number of
40 votes, the board of directors of the conservancy district shall vote
41 to elect one (1) of the candidates to the position on the board of
42 directors.
2025 IN 1209—LS 6105/DI 153 30
1 SECTION 39. IC 3-13-7-2.5 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) This section
3 does not apply to a school board office or a conservancy district
4 office.
5 (b) This section applies to a vacancy in an elected office in a
6 political subdivision:
7 (1) in which each candidate is required by statute to be placed on
8 the ballot as a nonpartisan candidate for the office; and
9 (2) for which this article does not otherwise provide a method for
10 filling.
11 (c) The vacancy shall be filled as follows:
12 (1) The remaining members of the body shall fill the vacancy by
13 a majority of the votes of the remaining members of the body.
14 (2) If there are no remaining members of the body, the county
15 executive of the county containing the greatest percentage of the
16 population of the political subdivision shall fill the vacancy in the
17 manner provided by section 2 of this chapter.
18 SECTION 40. IC 14-33-5-1 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Within twenty
20 (20) days after an order establishing a district, the board of
21 commissioners of the county shall appoint the initial board of directors.
22 A An initial director shall be appointed for each of the areas in the
23 district established by the court.
24 (b) A director To be appointed to the initial board of directors,
25 an individual must have the following qualifications:
26 (1) Be:
27 (A) a freeholder of the area of the district for which appointed;
28 or
29 (B) an officer or a nominee of a corporate freeholder of the
30 area of the district for which appointed.
31 (2) Be qualified by knowledge and experience in matters
32 pertaining to the development of the district.
33 (c) A majority of the initial board of directors must be:
34 (1) resident freeholders of the district if available and qualified;
35 and
36 (2) petitioners for the establishment of the district. For this
37 purpose an officer or a nominee of a corporate freeholder of the
38 district, if the corporation is a petitioner, is considered a
39 petitioner.
40 SECTION 41. IC 14-33-5-2, AS AMENDED BY P.L.255-2017,
41 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 2. (a) At each annual meeting of the district,
2025 IN 1209—LS 6105/DI 153 31
1 directors shall be elected to fill vacancies on the board due to
2 expiration of terms, resignation, or otherwise. The election shall be
3 conducted by written ballots. Except as provided in subsection (c), to
4 be elected an individual must receive a plurality of the votes of the
5 freeholders of the district who are:
6 (1) present and voting in person; or
7 (2) absent but have mailed or delivered a written ballot vote.
8 (b) A written ballot vote must be signed and mailed or delivered to
9 the district office. A ballot is valid if delivered or received before the
10 scheduled date of the annual meeting.
11 (c) Upon receipt of a petition from the board of directors of a
12 conservancy district, the court may modify the order establishing the
13 district under IC 14-33-2-27 to provide that each director representing
14 an area established under IC 14-33-2-27 shall be elected by a plurality
15 of the votes of the freeholders of the respective areas.
16 SECTION 42. IC 14-33-5-2.1 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2025]: Sec. 2.1. (a) After the appointment of
19 the initial board of directors under section 1 of this chapter,
20 expired terms on the board of directors of a conservancy district
21 shall be filled by vote of the freeholders of the conservancy district
22 at the general election.
23 (b) A member of the board of directors of a conservancy district
24 who was elected before April 29, 2025, is entitled to hold over after
25 the expiration of the member's term until a successor has been
26 elected and qualified.
27 (c) To become a candidate for a position on the board of
28 directors of a conservancy district, an individual must:
29 (1) meet the qualifications set forth in IC 3-8-2.6-2(d); and
30 (2) complete and file a petition of nomination under
31 IC 3-8-2.6-3 through IC 3-8-2.6-6.
32 SECTION 43. IC 14-33-5-3 IS REPEALED [EFFECTIVE JULY 1,
33 2025]. Sec. 3. (a) Beginning October 24 and not later than November
34 1, the board shall invite nominations to fill vacancies on the board at
35 the next annual meeting by one (1) publication in a newspaper of
36 general circulation in each county in the district. Each publication must
37 do the following:
38 (1) Contain the names of the directors whose terms are expiring
39 and the area of the district involved.
40 (2) Invite nominations to fill vacancies.
41 (3) State the qualifications for the office as prescribed by section
42 1 of this chapter, except for the following:
2025 IN 1209—LS 6105/DI 153 32
1 (A) A nominee does not have to have been a petitioner for the
2 establishment of the district.
3 (B) A nominee does not have to be a resident of the area of the
4 district for which nominations are invited.
5 (b) Nominations for director must:
6 (1) be submitted to the office of the district in writing before
7 December 1 following notice of vacancies; and
8 (2) be signed by at least five (5) freeholders from the areas
9 designated by the secretary's notice.
10 (c) Nominations that are mailed are valid if:
11 (1) delivered or postmarked before December 1;
12 (2) the envelope has sufficient United States postage; and
13 (3) the envelope is addressed to the district's office.
14 SECTION 44. IC 14-33-5-4 IS AMENDED TO READ AS
15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The annual
16 meeting of the district must be held at the time designated by the court:
17 (1) at the district's office; or
18 (2) at a place in or near the district as determined by resolution of
19 the board adopted before December 1 of the year.
20 (b) Notice of the annual meeting of the district must be given by one
21 (1) publication in a newspaper of general circulation in each county in
22 the district at least fourteen (14) and not more than thirty-one (31) days
23 before the annual meeting. The notice must contain the following:
24 (1) The names of the nominees.
25 (2) The place where the election will be held.
26 (3) The time of the election.
27 (4) (1) The fact that this is the annual meeting of the district.
28 (5) (2) The purposes of the meeting.
29 (6) The time during which ballots may be cast.
30 SECTION 45. IC 14-33-5-5, AS AMENDED BY P.L.16-2010,
31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 5. (a) Before the annual meeting, May 7 of each
33 even-numbered year, the board shall prepare the ballots and a list of
34 the freeholders of the district, which must be certified by the county
35 auditor and placed in the district's files. A deficiency in this process or
36 an omission of the names of any freeholders does not void action taken
37 at an annual meeting.
38 (b) Only one (1) vote may be cast per freehold. The board shall
39 make the list prepared under subsection (a) available to the county
40 election board for purposes of any election to fill a position on the
41 board of the conservancy district.
42 SECTION 46. IC 14-33-5-6 IS REPEALED [EFFECTIVE JULY 1,
2025 IN 1209—LS 6105/DI 153 33
1 2025]. Sec. 6. (a) At each annual meeting and before the election of
2 directors, the chairman shall appoint three (3) freeholders of the district
3 who are present at the annual meeting to act as clerks of and conduct
4 the election.
5 (b) Before the casting of a vote, each freeholder must sign the list of
6 freeholders opposite the freeholder's name in the presence of the
7 secretary of the district. If the clerks find that a freeholder's name is
8 erroneously omitted from the list, the clerks shall place the name on the
9 list. The omitted freeholder is then entitled to cast a ballot.
10 (c) The clerks shall note the fact of receipt of a valid written ballot
11 vote opposite the freeholder's name who cast that vote. At this time the
12 written ballot vote is considered cast.
13 (d) At the close of the election poll, the clerks shall count the cast
14 ballots and make a report of the results. The secretary of the district
15 shall record the results in the records of the district. The chairman shall
16 then declare the successful nominees elected, and the elected directors
17 are entitled to and shall assume all the duties of the office for which
18 elected.
19 SECTION 47. IC 14-33-5-7 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. Promptly After
21 appointment or election and before assuming a position on the board
22 a director, including an initial director, shall take the following oath:
23 "I solemnly swear that I shall, to the best of my ability, strive to
24 accomplish the purposes for which the district is established and
25 properly to operate and maintain its works of improvement.".
26 SECTION 48. IC 14-33-5-8 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) If a district fails
28 to conduct an election of directors as provided by this chapter, no
29 individual is elected at a general election to fill a position on the
30 board of directors of a conservancy district, any interested person of
31 the district may petition the board of commissioners of the county in
32 which the conservancy district is located to appoint a director to fill
33 vacancies. the position. The board of commissioners of the county
34 shall make an appointment within fifteen (15) days from the date the
35 petition is filed. However, if no individual is elected at the general
36 election because of a tie vote at the election, the position shall be
37 filled in accordance with IC 3-12-9-8.
38 (b) Except as provided in subsection (c), if the conservancy
39 district is located in more than one (1) county, the interested
40 person of the district must submit the petition under subsection (a)
41 to the board of commissioners of the county in which the greatest
42 number of freeholders of the district reside.
2025 IN 1209—LS 6105/DI 153 34
1 (c) If:
2 (1) the conservancy district is located in more than one (1)
3 county;
4 (2) the district is divided into areas under IC 14-33-2-27(a)(2);
5 and
6 (3) the position to be filled represents an area that is entirely
7 located in one (1) of the counties;
8 the interested person of the district must submit the petition under
9 subsection (a) to the board of commissioners of the county referred
10 to in subdivision (3).
11 SECTION 49. IC 14-33-5-11.5 IS REPEALED [EFFECTIVE JULY
12 1, 2025]. Sec. 11.5. (a) Notwithstanding the other provisions of this
13 chapter, if there is only one (1) nominee for election to the board to
14 represent an area, the nominee for election to the board to represent
15 that area is considered elected.
16 (b) Notwithstanding the other provisions of this chapter, if there is
17 only one (1) nominee for election to the board for each area for which
18 a director is to be elected, the following apply:
19 (1) The election otherwise required to be held under this chapter
20 is not required to be held.
21 (2) Each of the nominees for election to the board is considered
22 elected as if the election had been held and each nominee was
23 elected as provided in this chapter.
24 SECTION 50. IC 14-33-5-12 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) If a vacancy
26 occurs on the board, the board shall as soon as practicable vote to
27 appoint a member person who meets the qualifications described in
28 IC 3-8-2.6-2(d) to serve as a member until the next annual meeting.
29 for the remainder of the unexpired term.
30 (b) If the vote held under subsection (a) results in a tie, a judge of
31 the circuit court of the county in which the district was established shall
32 designate a person who meets the qualifications described in
33 IC 3-8-2.6-2(d) to serve as a member until the next annual meeting.
34 for the remainder of the unexpired term.
35 (c) At the next annual meeting a director shall be elected to
36 complete the term. A holdover under section 2.1(b) of this chapter
37 may not be construed as a vacancy for purposes of this section.
38 SECTION 51. IC 14-33-5.4 IS REPEALED [EFFECTIVE JULY 1,
39 2025]. (Election of Board Members in Specific Conservancy Districts).
40 SECTION 52. IC 14-33-17-17 IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. (a)
42 Notwithstanding:
2025 IN 1209—LS 6105/DI 153 35
1 (1) section 5 of this chapter; and
2 (2) IC 14-33-2-4;
3 the new district shall be composed of seven (7) areas established by the
4 court. Each area must contain approximately the same number of
5 freeholders.
6 (b) The board consists of seven (7) members, one (1) member from
7 each of the areas of the new district.
8 (c) After the appointment of the initial directors, the subsequent
9 directors shall be elected as provided in IC 14-33-5-2 through
10 IC 14-33-5-9, IC 14-33-5, except that freeholders may vote only for the
11 nominees representing the area of the freeholder. In addition:
12 (1) a director must be:
13 (A) a freeholder of the area the director represents; or
14 (B) an officer or a nominee of a corporate freeholder of the
15 area the director represents; and
16 (2) nominations for a director may only be made by the
17 freeholders of the director's area.
18 SECTION 53. IC 14-33-25-1, AS ADDED BY P.L.122-2023,
19 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 1. If the:
21 (1) board consists of directors in which each director of the board
22 has been elected to the board under IC 14-33-5-2 or
23 IC 14-33-5.4-3; IC 3-8-2.6-2; and
24 (2) district plan requires the district to assume responsibility for
25 the construction, reconstruction, maintenance, and operation of
26 public streets and alleys within the district;
27 the board may appoint a conservancy district marshal and fix the
28 district marshal's compensation.
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