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.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 221
AN ACT to amend the Indiana Code concerning state offices and
administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-5-2-48, AS AMENDED BY P.L.43-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 48. "State office" refers to the governor, lieutenant
governor, secretary of state, auditor of state comptroller (referred to
as "auditor of state" in the Constitution of the State of Indiana),
treasurer of state, attorney general, justice of the supreme court, judge
of the court of appeals, and judge of the tax court.
SECTION 2. IC 3-8-1-33, AS AMENDED BY P.L.227-2023,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 33. (a) A candidate for an office listed in
subsection (b) must file a statement of economic interests.
(b) Whenever a candidate for any of the following offices is also
required to file a declaration of candidacy or is nominated by petition,
the candidate shall file a statement of economic interests before filing
the declaration of candidacy or declaration of intent to be a write-in
candidate, before the petition of nomination is filed, before the
certificate of nomination is filed, or before being appointed to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of
state comptroller (auditor of state), treasurer of state, and
attorney general, in accordance with IC 4-2-6-8.
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(2) Senator and representative in the general assembly, in
accordance with IC 2-2.2-2.
(3) Justice of the supreme court, judge of the court of appeals,
judge of the tax court, judge of a circuit court, judge of a superior
court, judge of a probate court, judge of a city court, judge of a
town court, and prosecuting attorney, in accordance with
IC 33-23-11-14 and IC 33-23-11-15.
(4) A candidate for a local office or school board office, in
accordance with IC 3-8-9, except a candidate for a local office
described in subdivision (3).
SECTION 3. IC 3-8-4-2, AS AMENDED BY P.L.8-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A political party shall conduct a state
convention to nominate the candidates of the political party for the
following offices to be voted on at the next general election:
(1) Lieutenant governor.
(2) Secretary of state.
(3) Auditor of State comptroller (auditor of state).
(4) Treasurer of state.
(5) Attorney general.
(b) The convention may also:
(1) nominate candidates for presidential electors and alternate
presidential electors; and
(2) elect the delegates and alternate delegates to the national
convention of the political party.
(c) If a political party's state convention does not:
(1) nominate candidates for presidential electors and alternate
presidential electors; or
(2) elect the delegates and alternate delegates to the national
convention of the political party;
the candidates shall be nominated or the delegates elected as provided
in the state party's rules.
SECTION 4. IC 3-10-2-7, AS AMENDED BY P.L.141-2023,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) The following public officials shall be
elected in 2026, 2030, 2034, 2038, 2042, and every four (4) years
thereafter:
(1) Secretary of state.
(2) Auditor of State comptroller (referred to as "auditor of
state" in the Constitution of the State of Indiana).
(3) Treasurer of state.
(b) Subject to IC 3-11-13-11 and IC 3-11-14-3.5, for purposes of
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the 2026 general election, the public official set forth in subsection
(a)(2) must be listed as the following on the general election ballot:
"State Comptroller (Auditor of State)".
SECTION 5. IC 3-11-2-12, AS AMENDED BY P.L.227-2023,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) The following offices shall be placed on
the general election ballot in the following order after the public
questions described in section 10(a) of this chapter:
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of State comptroller (auditor of state).
(F) Treasurer of state.
(G) Attorney general.
(H) United States Representative. If an election to fill a
vacancy in an office of United States Representative under
IC 3-10-8 is held on the same day as the election for the next
term of the same office, the ballot shall list the election to fill
the vacancy in the office immediately after the election for the
next term of the office.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Prosecuting attorney.
(E) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
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(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(b) If a major political party does not nominate a candidate for an
office on a general, municipal, or special election ballot then the county
election board may print "NO CANDIDATE FILED" in the place on
the ballot where the name of the major political party's nominee would
be printed.
SECTION 6. IC 4-7-1-1, AS AMENDED BY P.L.9-2024,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The individual elected as auditor of state
comptroller (referred to as "auditor of state" in the Constitution
of the State of Indiana) shall take office on January 1 following the
individual's election.
(b) The auditor of state comptroller (referred to as "auditor of
state" in the Constitution of the State of Indiana), before entering
upon the duties of office shall execute an official bond, for the sum of
ten thousand dollars ($10,000), to be approved by the governor.
(c) The auditor of state shall also be known as the state comptroller.
After June 30, 2023, the auditor of state's office shall use the title "state
comptroller" in conducting state business, in all contracts, on business
cards, on stationery, and with other means of communication as
necessary. The change in title under this subsection does not:
(1) invalidate any documents or transactions conducted in the
name of the auditor of state; or
(2) affect the validity of a reference to the auditor of state in the
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Indiana Code, the acts of Indiana, or the Indiana Administrative
Code.
SECTION 7. IC 5-10.2-1-8, AS AMENDED BY P.L.115-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) Except as provided in subsection (b),
"vested status" as used in this article means the status of having ten
(10) years of creditable service.
(b) In the case of a person who is an elected county official whose
governing body has provided for the county official's participation in
the public employees' retirement fund under IC 5-10.3-7-2(1), "vested
status" means the status of having:
(1) at least eight (8) years of creditable service as an elected
county official in an office described in IC 5-10.2-4-1.7;
(2) been elected at least two (2) times if the person would have
had at least eight (8) years of creditable service as an elected
county official in an office described in IC 5-10.2-4-1.7 had the
person's term of office not been shortened under a statute enacted
under Article 6, Section 2(b) of the Constitution of the State of
Indiana; or
(3) at least ten (10) years of creditable service as a member of the
fund based on a combination of service as an elected county
official and as a full-time employee in a covered position.
(c) In the case of a person whose term of office commences after the
election on November 5, 2002, as auditor of state comptroller
(referred to as "auditor of state" in the Constitution of the State of
Indiana), secretary of state, or treasurer of state, and who is prohibited
by Article 6, Section 1 of the Constitution of the State of Indiana from
serving in that office for more than eight (8) years during any period of
twelve (12) years, that person shall be vested with at least eight (8)
years of creditable service as a member of the fund.
(d) This subsection applies to an individual elected to the office of
treasurer of state at the election on November 7, 2006. The individual
is vested for purposes of this article if the individual is reelected as
treasurer of state at the 2010 general election and serves in the office
until January 1, 2015.
SECTION 8. IC 5-10.2-4-1.9, AS ADDED BY P.L.115-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.9. (a) For purposes of this section, "state
officer" means the secretary of state, state comptroller (referred
to as "auditor of state" in the Constitution of the State of Indiana),
and treasurer of state.
(a) (b) This section applies only to a member of the public
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employees' retirement fund:
(1) who has served as a state officer; listed in Article 6, Section
1 of the Constitution of the State of Indiana; and
(2) whose term of office as a state officer commenced after the
election held on November 5, 2002.
(b) (c) A member is eligible for normal retirement after becoming
sixty-five (65) years of age if the member:
(1) has:
(A) served as a state officer listed in Article 6, Section 1 of the
Constitution of the State of Indiana for at least eight (8) years;
or
(B) been elected at least two (2) times and would have served
at least eight (8) years as a state officer listed in Article 6,
Section 1 of the Constitution of the State of Indiana had the
member's term of office not been shortened under a statute
enacted to establish uniform dates for beginning the terms of
state officers; listed in Article 6, Section 1 of the Constitution
of the State of Indiana; and
(2) is prohibited by Article 6, Section 1 of the Constitution of the
State of Indiana from serving in that office for more than eight (8)
years in any period of twelve (12) years.
(c) (d) A member who:
(1) has served as a state officer; listed in Article 6, Section 1 of
the Constitution of the State of Indiana; and
(2) does not meet the requirements of subsection (b); (c);
is eligible for normal retirement if the member has attained vested
status (as defined in IC 5-10.2-1-8(a)) and meets the requirements of
section 1 of this chapter.
SEA 221 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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