Bill Text: IN SB0118 | 2012 | Regular Session | Amended

---

Bill Title: Various election law matters.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-23 - Senator Lawson added as second author [SB0118 Detail]

Download: Indiana-2012-SB0118-Amended.html

---

---

January 20, 2012

---

---

SENATE BILL No. 118

_____

DIGEST OF SB 118 (Updated January 19, 2012 6:35 pm - DI 102)

Citations Affected: IC 3-5; IC 3-6; IC 3-8; IC 3-10; IC 3-11; IC 3-13; IC 10-16; IC 20-23; IC 20-26; IC 36-5.

Synopsis: Various election law matters. Provides that a candidate filing required to be made with the election division is void if the filing is made with a county election official. Adds a cross-reference concerning the election of Republican Party precinct committeemen. Repeals a provision establishing procedures governing the declaration and withdrawal of a declaration by a write-in candidate for a school board office elected at a primary election. Specifies that the party affiliation requirements for a primary candidate include voting in a previous primary of the party in Indiana. Provides that a candidate's nomination by petition is not effective unless the candidate files all required documents. Provides that a petition of nomination for a candidate in a special election called by the governor must be filed not later than 74, rather than 50, days before the election. Specifies noon July 3 before election day, rather than noon on the second Tuesday in September before a general election, as the deadline for filing a certificate of nomination to replace an independent or minor party candidate nominated by petition. Permits a poll worker in an election conducted by a town election board to serve if the worker meets the same qualifications as a worker in a town election conducted by a county election board. Establishes procedures regarding a special election held to fill multiple vacancies in the United States House of Representatives. Removes obsolete references to ballots formerly printed by the election division and voting system standards. Permits the filling of a county, city, town, or township office before a vacancy

(Continued next page)

Effective: Upon passage; July 1, 2012.

---

---

Landske

---

---

    January 4, 2012, read first time and referred to Committee on Elections.
    January 20, 2012, amended, reported favorably _ Do Pass.

---

---

---

Digest Continued

exists whenever the person holding the office has submitted a written resignation or been elected to another office. Extends the limitation on national guard musters or assemblies to all types of election days. Establishes that a petition of nomination in Mishawaka and East Chicago school district elections may not be filed earlier than 104 days before the election. (Current law specifies the final date for filing is 74 days before the election.) Makes a conforming amendment following the enactment of HEA 1074-2011 (P.L.179-2011) concerning the terms of office of school board members. Removes a requirement for a census of registered voters before a town can dissolve or change its name.

---

January 20, 2012

Second Regular Session 117th General Assembly (2012)

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 2011 Regular Session of the General Assembly.

SENATE BILL No. 118

---

    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 3-5-4-1.2; (12)SB0118.1.1. -->     SECTION 1. IC 3-5-4-1.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.2. (a) Whenever this title requires that a document declaring or certifying the candidacy of a person be filed with the election division or the secretary of state as a condition for the filing to be effective:
        (1) a county election board;
        (2) a circuit court clerk;
        (3) a county voter registration office;
        (4) a board of elections and registration; or
        (5) a town election board;
may not accept the filing on behalf of the election division or the secretary of state.
    (b) A county election board, circuit court clerk, county voter registration office, board of elections and registration, or town

election board that accepts a document that must be filed with the election division or the secretary of state as a condition for the filing to be effective:
        (1) may not act as an agent of the election division or the secretary of state; and
        (2) is not required to transmit the filing to the election division or the secretary of state.
    (c) If a board, office, or clerk referred to in subsection (a)(1) through (a)(5) accepts a document that must be filed with the election division of the secretary of state as a condition for the filing to be effective, the following apply:
        (1) The filing is void.
        (2) The name of a candidate set forth in the filing may not appear on the ballot, unless the document is filed with the election division or the secretary of state in the manner required by this title.

SOURCE: IC 3-6-2-1; (12)SB0118.1.2. -->     SECTION 2. IC 3-6-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. Each political party whose nominee received at least ten percent (10%) of the votes cast in the state for secretary of state at the last election for that office may have precinct committeemen elected at the same time as a primary election in accordance with IC 3-10-1-4.5 or IC 3-10-1-4.6 if provided by the rules of the political party.

SOURCE: IC 3-8-2-2.6; (12)SB0118.1.3. -->     SECTION 3. IC 3-8-2-2.6 IS REPEALED [EFFECTIVE UPON PASSAGE]. Sec. 2.6. (a) This section applies to a write-in candidate for a school board office to be elected on the same election day that a primary election is conducted.
    (b) A:
        (1) declaration of intent to be a write-in candidate; or
        (2) withdrawal of a declaration;
must be subscribed and sworn to before an individual authorized to administer oaths.
    (c) A declaration of intent to be a write-in candidate for a school board office must be filed:
        (1) not earlier than the first date specified in IC 3-8-6-10(b) for the timely filing of a petition of nomination; and
        (2) not later than noon eighty-eight (88) days before the primary election.
    (d) A candidate may withdraw a declaration of intent filed under subsection (c) not later than noon eighty-five (85) days before the primary election.
    (e) A question concerning the validity of a declaration of intent to

be a write-in candidate for a school board office must be filed with the county election board under IC 3-8-1-2(c) not later than noon eighty-one (81) days before the date of the primary election. The county election board shall determine all questions regarding the validity of the declaration not later than noon sixty-eight (68) days before the date of the primary election.

SOURCE: IC 3-8-2-2.7; (12)SB0118.1.4. -->     SECTION 4. IC 3-8-2-2.7, AS AMENDED BY P.L.164-2006, SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.7. (a) This subsection does not apply to a write-in candidate for school board office who is subject to section 2.6(c) of this chapter. A candidate may withdraw a declaration of intent to be a write-in candidate not later than noon July 15 before a general or municipal election.
    (b) This subsection applies to a candidate who filed a declaration of intent to be a write-in candidate with the election division. The election division shall issue a corrected certification of write-in candidates under IC 3-8-7-30 as soon as practicable after a declaration is withdrawn under this section.

SOURCE: IC 3-8-2-4; (12)SB0118.1.5. -->     SECTION 5. IC 3-8-2-4, AS AMENDED BY P.L.225-2011, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) A declaration of candidacy for a primary election must be filed not later than noon eighty-eight (88) days and not earlier than one hundred eighteen (118) days before the primary election. The declaration must be subscribed and sworn to before a person authorized to administer oaths.
    (b) This subsection does not apply to a write-in candidate for school board office who is subject to section 2.6(c) of this chapter. A declaration of intent to be a write-in candidate must be filed:
        (1) not earlier than the first date specified in IC 3-8-6-10(b) for the timely filing of a petition of nomination; and
        (2) not later than noon on the date specified by IC 3-13-1-15(c) for a major political party to file a certificate of candidate selection.
The declaration must be subscribed and sworn to before a person authorized to administer oaths.
    (c) During a year in which a federal decennial census, federal special census, special tabulation, or corrected population count becomes effective under IC 1-1-3.5, a declaration of:
        (1) candidacy may be filed for an office that will appear on the primary election ballot; or
        (2) intent to be a write-in candidate may be filed for an office that will appear on the general, municipal, or school board election

ballot;
that year as a result of the new tabulation of population or corrected population count.

SOURCE: IC 3-8-2-7; (12)SB0118.1.6. -->     SECTION 6. IC 3-8-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) The declaration of each candidate required by this chapter must be signed before a person authorized to administer oaths and contain the following information:
        (1) The candidate's name, printed or typewritten as:
            (A) the candidate wants the candidate's name to appear on the ballot; and
            (B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
        (2) A statement that the candidate is a registered voter and the location of the candidate's precinct and township (or ward and city or town), county, and state.
        (3) The candidate's complete residence address, and if the candidate's mailing address is different from the residence address, the mailing address.
        (4) A statement of the candidate's party affiliation. For purposes of this subdivision, a candidate is considered to be affiliated with a political party only if any of the following applies:
            (A) The most recent primary election in Indiana in which the candidate voted was a primary election held by the party with which the candidate claims affiliation.
            (B) The candidate has never voted in a primary election in Indiana and claims a party affiliation.
            (C) The county chairman of:
                (i) the political party with which the candidate claims affiliation; and
                (ii) the county in which the candidate resides;
            certifies that the candidate is a member of the political party.
        The declaration of candidacy must inform candidates how party affiliation is determined under this subdivision and permit the candidate to indicate on the declaration of candidacy which of clauses (A), (B), or (C) applies to the candidate. If a candidate claims party affiliation under clause (C), the candidate must attach to the candidate's declaration of candidacy the written certification of the county chairman required by clause (C).
        (5) A statement that the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and that the candidate is not ineligible to be a candidate due to a criminal

conviction that would prohibit the candidate from serving in the office.
        (6) A request that the candidate's name be placed on the official primary ballot of that party to be voted on, the office for which the candidate is declaring, and the date of the primary election.
        (7) A statement that the candidate:
            (A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
            (B) agrees to comply with the provisions of IC 3-9.
        The candidate must separately sign the statement required by this subdivision.
        (8) A statement as to whether the candidate has been a candidate for state or local office in a previous primary or general election and whether the candidate has filed all reports required by IC 3-9-5-10 for all previous candidacies.
        (9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a campaign finance statement of organization for the candidate's principal committee or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date to file the declaration of candidacy under section 11 of this chapter.
        (10) The candidate's signature.
    (b) The commission shall provide that the form of a declaration of candidacy includes the following information near the separate signature required by subsection (a)(7):
        (1) The dates for filing campaign finance reports under IC 3-9.
        (2) The penalties for late filing of campaign finance reports under IC 3-9.
    (c) A declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.

SOURCE: IC 3-8-6-12.5; (12)SB0118.1.7. -->     SECTION 7. IC 3-8-6-12.5 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12.5. (a) A candidate's nomination by petition under this chapter is not effective unless the candidate timely files each document required under sections 10 and 12 of this chapter.
    (b) The county election board may not include on a ballot the name of a candidate whose nomination is ineffective under subsection (a).
    (c) The election division may not certify the name of the candidate for placement on a ballot by a county election board if the candidate's nomination is ineffective under subsection (a).

SOURCE: IC 3-8-6-13; (12)SB0118.1.8. -->     SECTION 8. IC 3-8-6-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. In a special election called by the governor, a petition of nomination shall be filed with the circuit court clerk or other public official with whom a petition is required to be filed, at any time after the election is called but no later than noon fifty (50) seventy-four (74) days before the date of the election.

SOURCE: IC 3-8-6-17; (12)SB0118.1.9. -->     SECTION 9. IC 3-8-6-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) If:
        (1) a petition of nomination contains the name of at least one (1) candidate who seeks to be placed on the ballot as the candidate of a political party described by section 1 of this chapter; and
        (2) a candidate listed on the petition ceases to be a candidate after the petition is circulated for signature or filed;
the candidate may be replaced on the petition in accordance with this section.
    (b) This subsection applies to a candidate described in subsection (a) who sought a federal, state, or legislative office or a local office described by IC 3-8-2-5. The state chairman of the political party may file a written statement with the election division stating the name of the substitute candidate. The statement must:
        (1) be on a form prescribed by the commission;
        (2) state the following:
            (A) the name of the individual who ceased to be a candidate;
            (B) the date and reason the individual ceased to be a candidate; and
            (C) the name of the individual who will replace the candidate as:
                (i) the individual wants the individual's name to appear on the ballot; and
                (ii) the individual's name is permitted to appear on the ballot under IC 3-5-7; and

---

        (3) be accompanied by the following:
            (A) The replacement candidate's consent to be nominated by the petition and, if other candidates were listed on the petition, the signed consent of those candidates to be the replacement.
            (B) The former candidate's statement of withdrawal in a form substantially similar to the form prescribed under IC 3-8-7-28 if the individual withdrew as a candidate.
A replacement candidate's consent to the nomination must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the consent to the nomination. If there is a difference between the name on the candidate's consent to the nomination and the name on the candidate's voter registration record, the officer with whom the consent to the nomination is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's consent to the nomination.
    (c) This subsection applies to a candidate described in subsection (a) who sought a local office other than a local office described by IC 3-8-2-5. The county, city, or town chairman of the political party may file a written statement that conforms with subsection (b) with the election board conducting the election for the local office.
    (d) The statement required under subsection (b) or (c) must be filed not later than the final date and time for the certification of presidential and vice presidential nominees under IC 3-10-4-5. filing of a certificate of candidate selection under IC 3-13-1-15(c).
    (e) If a petition of nomination is circulated or filed by an independent candidate and that individual ceases to be a candidate, another candidate may not be substituted on the petition of nomination.

SOURCE: IC 3-10-7-22; (12)SB0118.1.10. -->     SECTION 10. IC 3-10-7-22, AS AMENDED BY P.L.230-2005, SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 22. (a) A town election board shall appoint a precinct election board for each precinct in the town.
    (b) If a precinct is wholly or partly in the town, the town election board may designate the polls for the precinct to be at the polls for an adjoining precinct, using the precinct election board of the adjoining precinct.
    (c) If a precinct election board administers more than one (1) precinct under subsection (b), the board shall keep the ballots cast in each precinct separate from ballots cast in any other precinct, so that the votes cast for each candidate and on each public question in each

of the precincts administered by the board may be determined.
    (d) Each precinct election board consists of:
        (1) one (1) inspector; and
        (2) two (2) judges of opposite political parties.
    (e) The members of a precinct election board must be voters who reside in the town. comply with IC 3-6-6.

SOURCE: IC 3-10-8-7.5; (12)SB0118.1.11. -->     SECTION 11. IC 3-10-8-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) This section applies to a special election to fill one (1) or more vacancies in the office of United States Representative under 2 U.S.C. 8(b).
    (b) A special election conducted under this section shall be governed by other provisions of this title as far as applicable.
    (c) A political party entitled to fill a candidate vacancy under IC 3-13-2 shall nominate a candidate for election to the office under IC 3-13-2-3.
    (d) A candidate who does not intend to affiliate with a political party described by subsection (c) shall:
        (1) be nominated as an independent or a candidate of a political party by petition in accordance with IC 3-8-6; or
        (2) file a declaration of intent to be a write-in candidate under IC 3-8-2-4(b).
    (e) A certificate of candidate selection under IC 3-13-2-8, a petition of nomination, or a declaration of intent to be a write-in candidate must be filed with the election division not later than noon thirty-five (35) days before the special election is to be conducted.
    (f) A candidate is required to file a notice of withdrawal with the election division not later than noon thirty-three (33) days before the special election is to be conducted.
    (g) As required under 2 U.S.C. 8(b)(5)(B), and notwithstanding IC 3-11-10-14, a county election board shall accept an absentee ballot cast by an absent uniformed services voter or an overseas voter for up to forty-five (45) days after the absentee ballot was transmitted to the voter.
    (h) Notwithstanding IC 3-12-5-8(a), if the ballot is determined by the county election board to be otherwise valid, the circuit court clerk shall file an amendment to the certified statement previously filed under IC 3-12-5-6 with the election division not later than noon seven (7) days following the determination of the validity of the ballot. Notwithstanding IC 3-12-5-9, the election division, the secretary of state, and the governor shall prepare, execute, and

transmit a replacement certificate of election if the amendment filed under this subsection results in a different candidate receiving the highest number of votes for the office.

SOURCE: IC 3-11-2-10; (12)SB0118.1.12. -->     SECTION 12. IC 3-11-2-10, AS AMENDED BY P.L.190-2011, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) Public questions shall be placed on the general election ballot in the following order after the statement described in section 7 of this chapter, and the instructions described in subsections (d) and (e) and section 8 of this chapter:
        (1) Ratification of a state constitutional amendment.
        (2) Local public questions.
Each public question shall be placed in a separate column on the ballot.
    (b) The name or title of the political party or independent ticket described in section 6 of this chapter shall be placed on the general election ballot after the public questions described in subsection (a). The device of the political party or independent ticket shall be placed immediately under the name of the political party or independent ticket. The instructions for voting a straight party ticket shall be placed to the right of the device.
    (c) The instructions for voting a straight party ticket must conform as nearly as possible to the following: "To vote a straight (insert political party name) ticket for all (insert political party name) candidates on this ballot, make a voting mark on or in this circle and do not make any other marks on this ballot. If you wish to vote for a candidate seeking a nonpartisan office or on a public question, you must make another voting mark on the appropriate place on this ballot.".
    (d) If the ballot contains an independent ticket described in section 6 of this chapter and at least one (1) other independent candidate, the ballot must also contain a statement that reads substantially as follows: "A vote cast for an independent ticket will only be counted for the candidates for President and Vice President or governor and lieutenant governor comprising that independent ticket. This vote will NOT be counted for any OTHER independent candidate appearing on the ballot.".
    (e) The ballot must also contain a statement that reads substantially as follows: "A write-in vote will NOT be counted unless the vote is for a DECLARED write-in candidate. To vote for a write-in candidate, you must make a voting mark on or in the square to the left of the name you have written in or your vote will not be counted.".
    (f) The list of candidates of the political party shall be placed immediately under the instructions for voting a straight party ticket.

The names of the candidates shall be placed three-fourths (3/4) of an inch apart from center to center of the name. The name of each candidate must have, immediately on its left, a square three-eighths (3/8) of an inch on each side.
    (g) The election division or The circuit court clerk may authorize the printing of ballots containing a ballot variation code to ensure that the proper version of a ballot is used within a precinct.

SOURCE: IC 3-11-3-4; (12)SB0118.1.13. -->     SECTION 13. IC 3-11-3-4 IS REPEALED [EFFECTIVE UPON PASSAGE]. Sec. 4. The election division shall provide a seal for the ballots. The seal may be of a design considered proper by the election division, but the same design may not be used for two (2) consecutive elections.

SOURCE: IC 3-11-4-12.5; (12)SB0118.1.14. -->     SECTION 14. IC 3-11-4-12.5, AS ADDED BY P.L.66-2010, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12.5. (a) This section applies to an absent uniformed services voter or overseas voter.
    (b) If a voter makes a timely application for and does not receive an absentee ballot from a county election board, the voter may use a federal write-in absentee ballot in the form prescribed by the Federal Voting Assistance Program of the United States Department of Defense and in accordance with the requirements set forth in 42 U.S.C. 1973ff-2 to cast a vote by mail, electronic mail, or fax for any of the following:
        (1) Any candidate for nomination at a primary election.
        (2) Any candidate, political party, or public question on a general election, municipal election, or special election ballot.

SOURCE: IC 3-11-10-14; (12)SB0118.1.15. -->     SECTION 15. IC 3-11-10-14, AS AMENDED BY P.L.198-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. Subject to IC 3-10-8-7.5 and section 11 of this chapter, absentee ballots received by mail (or by fax or electronic mail under IC 3-11-4-6) after the county election board has started the final delivery of the ballots to the precincts on election day are considered as arriving too late and need not be delivered to the polls.

SOURCE: IC 3-11-15-26; (12)SB0118.1.16. -->     SECTION 16. IC 3-11-15-26 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 26. The ballot counting software must be designed in a modular fashion and not be self-modifying. Modular programs must consist of code written in relatively small and easily identifiable sections, with each unit having a single entry point and a single exit point. Each module must have a specific function that can be tested and verified more or less independently of the remainder of the code. Appendix E of the Performance and Test Standards for Punchcard, Marksense, and Direct

Recording contains numerical guidelines for program modules.

SOURCE: IC 3-13-7-1.5; (12)SB0118.1.17. -->     SECTION 17. IC 3-13-7-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. A county auditor may give notice of a meeting, and the meeting may be conducted under this chapter, before a vacancy exists whenever the person holding an office has:
        (1) submitted a written resignation under IC 5-8-3.5; or
        (2) been elected to another office.

SOURCE: IC 3-13-8-1.5; (12)SB0118.1.18. -->     SECTION 18. IC 3-13-8-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. A city clerk or city clerk-treasurer may give notice of a meeting, and the meeting may be conducted under this chapter, before a vacancy exists whenever the person holding an office has:
        (1) submitted a written resignation under IC 5-8-3.5; or
        (2) been elected to another office.

SOURCE: IC 3-13-9-1.5; (12)SB0118.1.19. -->     SECTION 19. IC 3-13-9-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. A town clerk-treasurer or president of the town council may give notice of a meeting, and the meeting may be conducted under this chapter, before a vacancy exists whenever the person holding an office has:
        (1) submitted a written resignation under IC 5-8-3.5; or
        (2) been elected to another office.

SOURCE: IC 3-13-10-1.5; (12)SB0118.1.20. -->     SECTION 20. IC 3-13-10-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. A county auditor may give notice of a meeting, and the meeting may be conducted under this chapter, before a vacancy exists whenever the person holding an office has:
        (1) submitted a written resignation under IC 5-8-3.5; or
        (2) been elected to another office.

SOURCE: IC 10-16-7-16; (12)SB0118.1.21. -->     SECTION 21. IC 10-16-7-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. (a) A muster or an assembly for instruction, review, or parade may not be held or called in any county on any day during which a general election, primary election, municipal election, or special election is held in the county, except in case of or imminent danger of riot, invasion, insurrection, or public disaster.
    (b) An officer who orders a muster or an assembly on an election day shall forfeit an amount as a court-martial adjudges.

SOURCE: IC 20-23-17-3; (12)SB0118.1.22. -->     SECTION 22. IC 20-23-17-3, AS ADDED BY P.L.179-2011,

SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The governing body of the school corporation consists of five (5) members chosen as follows:
        (1) Three (3) members shall be elected by the voters of the school corporation at a general election to be held in the county and every four (4) years thereafter.
        (2) One (1) member shall be appointed by the city executive.
        (3) One (1) member shall be appointed by the city legislative body.
    (b) The members elected under subsection (a)(1) shall be elected as follows:
        (1) On a nonpartisan basis.
        (2) In a general election held in the county.
        (3) By the registered voters of the entire school corporation.
    (c) The following apply to an election of members of the governing body of the school corporation under subsection (a)(1):
        (1) Each candidate must file a petition of nomination with the circuit court clerk not earlier than one hundred four (104) days and not later than seventy-four (74) days before the election at which members are to be elected. The petition of nomination must include the following information:
            (A) The name of the candidate.
            (B) A certification that the candidate meets the qualifications for candidacy imposed by this chapter.
        (2) Only eligible voters residing in the school corporation may vote for a candidate seeking election.

SOURCE: IC 20-23-17.2-5; (12)SB0118.1.23. -->     SECTION 23. IC 20-23-17.2-5, AS ADDED BY P.L.179-2011, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) The following apply to an election of members of the governing body of the school corporation under section 3(a)(1) of this chapter:
        (1) Each candidate must file a petition of nomination with the circuit court clerk not earlier than one hundred four (104) days and not later than seventy-four (74) days before the general election at which members are to be elected. The petition of nomination must include the following information:
            (A) The name of the candidate.
            (B) The candidate's residence address and the district in which the candidate resides.
            (C) The signatures of at least twenty (20) registered voters residing within the school corporation district the candidate seeks to represent.

---

            (D) A certification that the candidate meets the qualifications for candidacy imposed by this chapter.
        (2) Only eligible voters residing in the school corporation district may vote for a candidate to represent that district.
        (3) One (1) candidate shall be elected for each district. The candidate elected for a district must reside within the boundaries of the district. The candidate elected as the member for a particular district is the candidate who, among all the candidates who reside within that district, receives the greatest number of votes from voters residing in that district.
    (b) The following apply to an election of the members of the governing body of the school corporation under section 3(a)(2) of this chapter:
        (1) Each candidate must file a petition of nomination with the circuit court clerk not earlier than one hundred four (104) days and not later than seventy-four (74) days before the general election at which members are to be elected. The petition of nomination must include the following information:
            (A) The name of the candidate.
            (B) The candidate's residence address.
            (C) The signatures of at least one hundred (100) registered voters residing within the school corporation.
            (D) A certification that the candidate meets the qualifications for candidacy imposed by this chapter.
        (2) Only eligible voters residing in the school corporation may vote for a candidate.
        (3) Three (3) candidates shall be elected at large. The three (3) candidates who receive the greatest number of votes among all candidates running for an at-large seat are elected as members of the governing body.

SOURCE: IC 20-26-4-4; (12)SB0118.1.24. -->     SECTION 24. IC 20-26-4-4, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) This section does not apply to a school city of the first class or to a school corporation succeeding to all or the major part in area of a school city of the first class.
    (b) (a) The commencement and termination of terms of members of a governing body are as follows:
        (1) Except as provided in subdivision (2), the governing body of each school corporation shall determine whether the term of office for the governing body's members extends from January 1 to December 31 or from July 1 to June 30. A governing body that makes a change in the commencement date of the governing

body's members' terms shall report the change to the state board before August 1 preceding the year in which the change takes place. An ex officio member of a governing body shall take office at the time the ex officio member takes the oath of the office by virtue of which the ex officio member is entitled to become an ex officio member.
        (2) In a county having a population of more than four hundred thousand (400,000), the terms of office for the members of a governing body, whether elected or appointed, commence on July 1 of the year in which the members are to take office under the plan, resolution, or law under which the school corporation is established, and terminate on the June 30 of the final year of the term for which the members are to serve under the plan, resolution, or law.
established under the following:
        (1) IC 3-5-4-11.
        (2) IC 20-23-4-30.
        (3) IC 20-23-7-8.1.
        (4) IC 20-23-12-8.
        (5) IC 20-23-13-3.
        (6) IC 20-23-14-8.
        (7) IC 20-23-15-11.
        (8) IC 20-23-17-4.
        (9) IC 20-23-17.2-8.
        (10) IC 20-25-3-4.
    (c) (b) If a vacancy in the membership of a governing body occurs for any reason (including the failure of a sufficient number of petitions for candidates for governing body membership being filed for an election and whether the vacancy was of an elected or appointed member), the remaining members of the governing body shall by majority vote fill the vacancy by appointing a person from within the boundaries of the school corporation, with the residence and other qualifications provided for a regularly elected or appointed board member filling the membership, to serve for the term or the balance of the term. However, this subsection does not apply to a vacancy:
        (1) of a member who serves on a governing body in an ex officio capacity; or
        (2) a vacancy in an appointed board membership if a plan, resolution, or law under which the school corporation operates specifically provides for filling vacancies by the appointing authority.

SOURCE: IC 36-5-1-12; (12)SB0118.1.25. -->     SECTION 25. IC 36-5-1-12 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) Proceedings to dissolve a town may be instituted under either this section or IC 36-5-1.1.
    (b) A proceeding under this section may be instituted to either dissolve the town or change its name. The proceeding is instituted by filing a petition with the town clerk. The petition must be signed by at least the number of the voters of the town required to place a candidate on the ballot under IC 3-8-6-3, must be verified by at least one (1) of the petitioners, and must include the reasons for the dissolution or change of name.
    (c) A census of all the voters of the town, taken within ten (10) days before the filing of the petition, must be filed with the petition. The person who prepared the census must, by affidavit attached to the census, verify that the census is correct.

SOURCE: IC 36-5-1-13; (12)SB0118.1.26. -->     SECTION 26. IC 36-5-1-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. A petition and census filed under section 12 of this chapter must be accompanied by a bond for costs and expenses, payable to and approved by the town legislative body. The petitioners shall pay all costs and expenses incurred under this chapter, including the expenses of an election, if their petition is not successful.

SOURCE: IC 36-5-1-14; (12)SB0118.1.27. -->     SECTION 27. IC 36-5-1-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. When a petition and census are is filed under section 12 of this chapter, the town clerk shall give notice of the filing and of the day of a hearing on the petition, and census, in the manner prescribed by IC 5-3-1.

SOURCE: IC 36-5-1-15; (12)SB0118.1.28. -->     SECTION 28. IC 36-5-1-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 15. (a) On the date named in the notice given under section 14 of this chapter, the town legislative body shall hear and consider:
        (1) the petition; and census; and
        (2) all statements presented in favor of or in opposition to granting the petition.
The legislative body shall then decide whether there is sufficient cause to submit the question of dissolving the town or changing its name to the voters of the town.
    (b) A petitioner who wants to withdraw his name from the petition must do so before the legislative body makes its decision. The legislative body may not count names withdrawn from the petition as part of the total required by section 12 of this chapter.

SOURCE: IC 36-5-1-18; (12)SB0118.1.29. -->     SECTION 29. IC 36-5-1-18, AS AMENDED BY P.L.113-2010, SECTION 124, IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2012]: Sec. 18. (a) If at least two-thirds (2/3) of the votes cast in an election under section 16 of this chapter are affirmative, and at least four-fifths (4/5) of all the voters listed in the census voted in the election, the dissolution or change of name takes effect in the manner prescribed by this section.
    (b) A change of name takes effect thirty (30) days after the filing of the statement required by section 17 of this chapter.
    (c) Except as provided in subsection (d), a dissolution takes effect six (6) months after the filing of the statement required by section 17 of this chapter. The property owned by the town after payment of debts and liabilities shall be disposed of in the manner chosen by a majority of the voters of the town at a special election for that purpose. Dissolution of a town does not affect the validity of a contract to which the town is a party.
    (d) A dissolution under this chapter may not take effect during the year preceding a year in which a federal decennial census is conducted. A dissolution that would otherwise take effect during the year preceding a year in which a federal decennial census is conducted takes effect January 1 of the year in which a federal decennial census is conducted.
    (e) Notwithstanding subsection (d) as that subsection existed on December 31, 2009, a dissolution that took effect January 2, 2010, because of the application of subsection (d), as that subsection existed on December 31, 2009, is instead considered to take effect January 1, 2010, without any additional action being required.

SOURCE: ; (12)SB0118.1.30. -->     SECTION 30. An emergency is declared for this act.