*HB1230.1*
February 13, 2025
HOUSE BILL No. 1230
_____
DIGEST OF HB 1230 (Updated February 12, 2025 3:28 pm - DI 144)
Citations Affected: IC 3-8.
Synopsis: School board elections. Requires a petition of nomination
for a school board office to state one of the following: (1) The
candidate's political party affiliation. (2) If the candidate does not
identify with a political party, that the candidate is an independent
candidate. (3) That the candidate elects to be listed on the ballot as
nonpartisan. Specifies that unless a candidate that states a political
party affiliation is challenged, the candidate's statement must be
indicated on the ballot.
Effective: Upon passage.
Prescott, Miller D, Heaton, Davis
January 9, 2025, read first time and referred to Committee on Elections and
Apportionment.
February 13, 2025, amended, reported — Do Pass.
HB 1230—LS 6803/DI 144 February 13, 2025
First Regular Session of the 124th General Assembly (2025)
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HOUSE BILL No. 1230
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 3-8-2.5-2.5, AS AMENDED BY P.L.227-2023,
2 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 2.5. (a) A petition of nomination for a school
4 board office must state all of the following:
5 (1) The name of each candidate as:
6 (A) the candidate wants the candidate's name to appear on the
7 ballot; and
8 (B) the candidate's name is permitted to appear on the ballot
9 under IC 3-5-7.
10 The petition must specify, by a designation described in
11 IC 3-5-7-5, each designation that the candidate wants to use that
12 is permitted by IC 3-5-7.
13 (2) The address of each candidate, including the mailing address,
14 if different from the residence address of the candidate.
15 (3) The school board office that each candidate seeks.
16 (4) That each petitioner is a qualified registered voter and desires
17 to be able to vote for the candidates listed on the petition.
HB 1230—LS 6803/DI 144 2
1 (5) One (1) of the following:
2 (A) The candidate's political party affiliation.
3 (B) If the candidate does not identify with a political party,
4 that the candidate is an independent candidate.
5 (C) That the candidate elects to be listed on the ballot as
6 nonpartisan.
7 Unless a candidate that states a political party affiliation
8 under clause (A) is challenged under section 7 of this chapter,
9 the candidate's statement under this subdivision must be
10 indicated on the ballot in the manner determined by the
11 county election board.
12 (b) The petition of nomination must be accompanied by the
13 following:
14 (1) The candidate's written consent to become a candidate.
15 (2) A statement that the candidate:
16 (A) is aware of the provisions of IC 3-9 regarding campaign
17 finance and the reporting of campaign contributions and
18 expenditures; and
19 (B) agrees to comply with the provisions of IC 3-9 referred to
20 in clause (A).
21 (3) A statement by the candidate that the candidate is aware of the
22 requirement to file a campaign finance statement of organization
23 under IC 3-9 after the first of either of the following occurs:
24 (A) The candidate receives more than five hundred dollars
25 ($500) in contributions.
26 (B) The candidate makes more than five hundred dollars
27 ($500) in expenditures.
28 (4) A statement indicating whether or not each candidate:
29 (A) has been a candidate for state, legislative, local, or school
30 board office in a previous primary, municipal, special, or
31 general election; and
32 (B) has filed all reports required by IC 3-9-5-10 for all
33 previous candidacies.
34 (5) A statement that each candidate is legally qualified to hold the
35 office that the candidate seeks, including any applicable residency
36 requirements and restrictions on service due to a criminal
37 conviction.
38 (6) Any statement of economic interests required under IC 3-8-9.
39 (7) The certification of the county chairman, if required under
40 subsection (c).
41 (c) If a candidate claims affiliation with a major political party
42 under subsection (a)(5)(A), the candidate must have voted in the
HB 1230—LS 6803/DI 144 3
1 two (2) most recent primary elections in Indiana held by the party
2 with which the candidate claims affiliation. The petition must
3 provide a place for the candidate to affirm the candidate's primary
4 election participation, if the candidate chooses affiliation with a
5 major political party. If the candidate did not vote in the two (2)
6 most recent primary elections in Indiana held by the party with
7 which the candidate claims affiliation, the county chairman of:
8 (1) the political party with which the candidate claims
9 affiliation; and
10 (2) the county in which the candidate resides;
11 must certify in writing that the candidate is a member of the
12 political party for the candidate's claimed affiliation to be valid.
13 The petition of nomination must inform candidates how political
14 party affiliation is determined under this subsection.
15 SECTION 2. IC 3-8-2.5-7, AS AMENDED BY P.L.34-2023,
16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 UPON PASSAGE]: Sec. 7. (a) A person may not be selected as a
18 candidate by petition of nomination without giving written consent and
19 having it filed with the public official with whom certificates and
20 petitions of nomination are required to be filed.
21 (b) Each candidate nominated by petition of nomination for a school
22 board office must satisfy all statutory eligibility requirements for the
23 office for which the candidate is nominated, including the filing of
24 statements of economic interest.
25 (c) A statement questioning the validity of a petition of nomination
26 or contesting the denial of certification under section 6 of this chapter
27 must be filed with the county election board in accordance with
28 IC 3-8-1-2 not later than noon seventy-four (74) days before the date
29 of the general election. A question regarding the validity of a petition
30 of nomination or the denial of certification shall be referred to and
31 determined by the county election board not later than noon sixty (60)
32 days before the date of the general election.
33 (d) A statement concerning the validity of a declaration of intent to
34 be a write-in candidate for a school board office under section 4 of this
35 chapter must be filed with the county election board in accordance with
36 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
37 the general election. A question regarding the validity of a declaration
38 of intent to be a write-in candidate for a school board office shall be
39 referred to and determined by the county election board not later than
40 noon fifty-four (54) days before the date of the general election.
41 (e) If a candidate's petition states that the candidate is affiliated
42 with a major political party, that statement may be challenged
HB 1230—LS 6803/DI 144 4
1 under this section. A challenge under this subsection succeeds only
2 if the challenger shows both of the following:
3 (1) The candidate did not vote in the two (2) most recent
4 primary elections in Indiana held by the party with which the
5 candidate claims affiliation.
6 (2) The county chairman of:
7 (A) the political party with which the candidate claims
8 affiliation; and
9 (B) the county in which the candidate resides;
10 did not certify that the candidate is a member of the political
11 party with which the candidate claims affiliation. If the
12 candidate produces a copy of the certification of the county
13 chairman of the political party with which the candidate
14 claims affiliation at the time the candidate filed the petition,
15 the claim of a challenger under this subdivision is conclusively
16 rebutted.
17 (f) Unless a challenger shows under subsection (e) that a
18 candidate is not affiliated with the major political party with which
19 the candidate claims affiliation, the candidate's claimed political
20 party affiliation shall be indicated on the ballot as required by
21 section 2.5(a)(5) of this chapter.
22 (g) A candidate's:
23 (1) claimed political party affiliation with a party other than
24 a major political party; or
25 (2) statement under:
26 (A) section 2.5(a)(5)(B) of this chapter that the candidate
27 is an independent candidate; or
28 (B) section 2.5(a)(5)(C) of this chapter that the candidate
29 elects to be listed on the ballot as nonpartisan;
30 is not subject to challenge under this section.
31 SECTION 3. An emergency is declared for this act.
HB 1230—LS 6803/DI 144 5
COMMITTEE REPORT
Mr. Speaker: Your Committee on Elections and Apportionment, to
which was referred House Bill 1230, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 2, delete lines 1 through 7, begin a new line block indented
and insert:
"(5) One (1) of the following:
(A) The candidate's political party affiliation.
(B) If the candidate does not identify with a political party,
that the candidate is an independent candidate.
(C) That the candidate elects to be listed on the ballot as
nonpartisan.
Unless a candidate that states a political party affiliation
under clause (A) is challenged under section 7 of this chapter,
the candidate's statement under this subdivision must be
indicated on the ballot in the manner determined by the
county election board.".
Page 2, line 38, delete "(a)(5)," and insert "(a)(5)(A),".
Page 4, delete lines 18 through 20, begin a new paragraph and
insert:
"(g) A candidate's:
(1) claimed political party affiliation with a party other than
a major political party; or
(2) statement under:
(A) section 2.5(a)(5)(B) of this chapter that the candidate
is an independent candidate; or
(B) section 2.5(a)(5)(C) of this chapter that the candidate
elects to be listed on the ballot as nonpartisan;
is not subject to challenge under this section.".
and when so amended that said bill do pass.
(Reference is to HB 1230 as introduced.)
WESCO
Committee Vote: yeas 9, nays 4.
HB 1230—LS 6803/DI 144