Bill Text: IN SB0241 | 2010 | Regular Session | Amended
Bill Title: Local government issues.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2010-02-08 - First reading: referred to Committee on Government and Regulatory Reform [SB0241 Detail]
Download: Indiana-2010-SB0241-Amended.html
Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-9; IC 3-10;
IC 3-11; IC 3-11.7; IC 3-12; IC 3-13; IC 5-4; IC 13-11; IC 20-23;
IC 20-25; IC 33-33; IC 33-35; IC 36-1; IC 36-1.5; IC 36-2; IC 36-3;
IC 36-4; IC 36-5; IC 36-8; IC 36-10.
Effective: Upon passage; July 1, 2010.
January 11, 2010, read first time and referred to Committee on Elections.
January 21, 2010, reported favorably _ Do Pass.
Digest Continued
after) township offices. Provides that an employee of a political
subdivision is considered to have resigned from employment with the
political subdivision if the employee assumes the elected executive
office of the political subdivision or becomes an elected member of the
political subdivision's legislative body. Provides that the restriction
applies to an employee of a political subdivision who assumes an
elected office after June 30, 2010. Provides that the restriction does not
apply to an employee of a political subdivision who holds elective
office on June 30, 2010. Provides that the restriction does not prohibit
an employee of a political subdivision from holding an elected office
of a political subdivision other than the political subdivision that
employs the government employee. Prohibits a relative of an officer or
employee of a political subdivision from being employed by the
political subdivision in a position that would put the relative in a direct
supervisory or subordinate relationship with the officer or employee.
Provides that an employee of a political subdivision who marries
another employee of the political subdivision may not continue in the
same position if the employee would have a direct supervisory or
subordinate relationship with the employee's spouse. Specifies that an
employee of a political subdivision is not required by these provisions
to be terminated or reassigned from any position held by that individual
before July 1, 2010. Establishes the use of vote centers as an option for
all counties. Requires the county election board (board) to adopt an
order designating a county a vote center county, adopt a plan to
administer the vote centers, and file the order and the plan with the
election division. Requires the board to accept and consider public
comment before adopting an order designating the county as a vote
center county. Provides that designation of a county as a vote center
county remains in effect until the board rescinds the order designating
the county as a vote center county and files a copy of the rescission
with the election division. Provides that an electronic poll list must be
programmed so that access to the list requires the coordinated action
of two precinct election officials who are not members of the same
political party. Allows an electronic poll list used at a vote center to
include an electronic image of the voter's signature, if available.
Authorizes a precinct election board administering an election at a vote
center to report the vote totals by precinct on election night.
Redesignates automatically as a vote center county a county previously
designated a vote center pilot county. Provides that school board
members selected by election must be elected at general elections
beginning in 2010. Repeals the expiration date of the vote center
program and provisions that: (1) require the secretary of state's
approval of the vote center designation; and (2) allow the secretary of
state to revoke the vote center designation. Repeals other obsolete and
superseded statutes.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) General election, which is conducted statewide on the first Tuesday after the first Monday in November of each even-numbered year.
(A) The candidates who will be the nominees of a political party for elected offices in a general
(B) The precinct committeemen of a political party.
(C) The delegates to a political party's state convention.
(b) Whenever this title or IC 36 refers to a general election, the reference includes, where applicable, the 2011 general election to elect candidates for municipal offices.
(c) This section expires January 1, 2012.
(1) The
(2) The
(1) board of county commissioners, for a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(1) nominated by a political party at a primary election or convention under this title as the party's candidate for an elected office in a general
(2) nominated by petition for an elected office.
(b) The county executive shall pay to the circuit court clerk or board of registration the expenses of:
(1) removing voters from the registration record under IC 3-7-43, IC 3-7-45, or IC 3-7-46; and
(2) performing voter list maintenance programs under IC 3-7;
out of the county treasury without appropriation.
(c) Except as provided in subsection (d), registration expenses incurred by a
(1) the salaries of members of a board of registration appointed under IC 3-7-12-9;
(2) the salaries of chief clerks appointed under IC 3-7-12-17; and
(3) the salaries of assistants employed under IC 3-7-12-19;
may not be charged to a municipality.
(d) A municipality may be charged for wages of extra persons employed to provide additional assistance reasonably related to the municipal election. This subsection expires January 1, 2012.
(b) This section expires January 1, 2012.
(1) Twenty-five percent (25%) to the county.
(2) Seventy-five percent (75%) to the municipalities in the county holding the municipal primary election and municipal election.
(b) The apportionment made under subsection (a) does not apply to a town that has entered into an agreement with the county under IC 3-10-7-4 to pay the county a fixed amount for the expenses described in subsection (a).
(c) This section expires January 1, 2012.
in the county at that municipal primary election.
(b) Except as provided in subsection (c), whenever more than one
(1) municipality in a county conducts a municipal election, the
seventy-five percent (75%) of expenses that are not chargeable directly
to any particular municipality under section 8 of this chapter must be
apportioned to each municipality in the same ratio that the number of
voters who cast a ballot in the municipality at the municipal election
bears to the total number of voters who cast a ballot in all of the
municipalities in the county that conducted a municipal election.
(c) The apportionment made under subsection (a) does not apply to
a town that has entered into an agreement with the county under
IC 3-10-7-4 to pay the county a fixed amount for the expenses
described in subsection (a).
(d) This section expires January 1, 2012.
(b) This section expires January 1, 2012.
(b) This section expires January 1, 2012.
(1) IC 20-23-4-30.
(2) IC 20-23-7-8 (before its repeal on July 1, 2010) and IC 20-23-7-8.1 (after June 30, 2010).
(3) IC 20-23-8-8.
(4) IC 20-23-10-8.
(5) IC 20-23-12.
(6) IC 20-23-13.
(7) IC 20-23-14.
(8) IC 20-25-3-4.
(b) This subsection applies to a member of a governing body elected at the 2006 primary election. The successor of such a
member shall:
(1) be elected at the 2010 general election; and
(2) take office January 1, 2011.
(c) This subsection applies to a member of a governing body
elected at the 2008 primary election. The successor of such a
member shall:
(1) be elected at the 2012 general election; and
(2) take office January 1, 2013.
(d) This section expires July 1, 2013.
Chapter 9. Government Employees Holding Office
Sec. 1. This chapter applies to a government employee who, after June 30, 2010, assumes an elected office of the political subdivision that employs the individual.
Sec. 2. This chapter does not prohibit a government employee from holding an elected office of a political subdivision other than the political subdivision that employs the government employee.
Sec. 3. As used in this chapter, "elected office" refers only to the following:
(1) The elected executive of a political subdivision.
(2) An elected member of the legislative body of a political subdivision.
Sec. 4. As used in this chapter, "government employee" refers to an employee of a political subdivision. The term does not include an individual who holds an elected office.
Sec. 5. An individual is considered to have resigned as a government employee when the individual assumes an elected office of the political subdivision that employs the individual.
required to, call a meeting under this section during a year in which a
general or a municipal election is not held.
(b) Each circuit court clerk shall attend a meeting called by the
election division under this section.
(c) The codirectors of the election division shall set the time and
place of the instructional meeting. In years in which a primary election
is held, the election division:
(1) may conduct the meeting before the first day of the year; and
(2) shall conduct the meeting before primary election day.
The instructional meeting may not last for more than two (2) days.
(d) Each member of a county election board or board of registration
and an individual who has been elected or selected to serve as circuit
court clerk but has not yet begun serving in that office is entitled to
receive all of the following from the county general fund without
appropriation:
(1) A per diem of twenty-four dollars ($24) for attending the
instructional meeting called by the election division under this
section.
(2) A mileage allowance at the state rate for the distance
necessarily traveled in going and returning from the place of the
instructional meeting called by the election division under this
section.
(3) Reimbursement for the payment of the instructional meeting
registration fee.
(4) An allowance for lodging for each night preceding conference
attendance equal to the lodging allowance provided to state
employees in travel status.
(1) Information relating to the expenses of office maintenance and elections within the county or political subdivisions within the county.
(2) A copy of the statement of the county election board containing the votes cast for each candidate and on each public question in each precinct at the last election preceding the submission of the report.
(3) Any additional information relating to elections that the commission prescribes.
(b) The report described in subsection (a) must be postmarked, hand delivered, or transmitted to the election division using the computerized list under IC 3-7-26.3 not later than fourteen (14) days after each election.
(c) The election division shall send a copy of each report to the office not later than ten (10) days after receiving the report.
(b) The chief law enforcement officer of a municipality shall serve all processes issued by a county election board for the 2011 municipal election. This subsection expires January 1, 2012.
(b) This subsection applies to municipal elections held in 2011. The fiscal body of a town holding a municipal election under IC 3-10-7 shall fix the compensation paid under sections 25 and 26 of this chapter. This subsection expires January 1, 2012.
(1) Enter the polls at least thirty (30) minutes before the opening of the polls and remain there throughout election day until all tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or electronic voting system before votes have been cast.
(3) Inspect the work being done by any precinct election officer.
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other
proceedings of the precinct election officers in the performance
of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15,
IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the
precinct election board, providing:
(A) the names of all candidates of the political party whose
primary election is being observed by the watcher and the
number of votes cast for each candidate;
(B) the names of all candidates at a general municipal, or
special election and the number of votes cast for each
candidate; or
(C) the vote cast for or against a public question.
(7) Accompany the inspector and judge in delivering the
tabulation and election returns to the county election board by the
most direct route.
(8) Be present when the inspector takes a receipt for the
tabulation and election returns delivered to the county election
board. and
(9) Call upon the election sheriffs to make arrests.
(1) twenty-six percent (26%) or more of all candidates of a political party who are candidates for:
(A) nomination to elected offices at a
(B) precinct committeemen at an election for precinct committeemen, whose names are certified to the county election board as candidates to be voted for at the primary election for precinct committeemen; or
(2) any candidate or group of candidates for a school board office;
desire to have watchers at the polls in any precinct,
(b) If the candidates signing the statement are candidates for nomination at a
(c) If the candidates signing the statement are candidates for
nomination at a municipal primary election, the written statement shall
be filed with the circuit court clerk of the county that contains the
greatest percentage of the population of the election district. This
subsection expires January 1, 2012.
(b) The attorney-in-fact may certify watchers from voters of the county
(c) A watcher designated under this section:
(1) may not be a candidate to be voted for at the election, except as an unopposed candidate for precinct committeeman or state convention delegate; and
(2) must be a registered voter of the county.
(1) will be at least eighteen (18) years of age at the next general
(2) is a United States citizen; and
(3) resides in a precinct continuously before a general
may, upon making a proper application under this article, register to vote in that precinct.
(b) This subsection applies to the 2011 municipal election. A person who:
(1) will be at least eighteen (18) years of age on November 8, 2011;
(2) is a United States citizen; and
(3) resides in a precinct continuously before November 8, 2011, for at least thirty (30) days;
may, upon making a proper application under this article, register to vote in that precinct. This subsection expires January 1, 2012.
applies to a person who:
(1) on the day of the next general, municipal, or special election,
will meet the age and residency requirements of section 1 of this
chapter; and
(2) does not meet the age or residency requirements on primary
election day.
(b) A person described in subsection (a) may not cast a ballot:
(1) for candidates for:
(A) elected offices;
(B) precinct committeeman; or
(C) state convention delegate; or
(2) on public questions;
to be voted on at the same time that the primary election is conducted.
(b) The registration period continues through the twenty-ninth day before the date a primary election is scheduled under this title.
(c) The registration period resumes fourteen (14) days after primary election day and continues through the twenty-ninth day before the date a general
(d) This subsection applies in each precinct in which a special election is to be conducted. The registration period ceases in that precinct on the twenty-ninth day before a special election is conducted and resumes fourteen (14) days after the special election occurs.
(1) Inform the individual that license branch registration will not permit the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the next election.
provides an individual with an application for assistance or services
under section 3 of this chapter shall do the following:
(1) Inform the individual that office registration will not permit
the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may
follow to vote in the next election.
(1) Inform the individual that office registration will not permit the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the next election.
(1) The scheduled date of each primary, general,
(2) The jurisdiction in which the election will be held.
(1) Inform the individual that office registration will not permit the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the next election.
(1) The scheduled date of each primary, general,
(2) The jurisdiction in which the election will be held.
record used at any municipal primary or municipal election is that part
of the registration record of the county in which the municipality is
located.
(b) This section expires January 1, 2012.
(b) Copies of all registration applications executed under this article during that part of a registration period ending sixty-five (65) days before a primary or general
(1) Each of the county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party that has at least one (1) candidate on the ballot of the election.
(B) An independent candidate's committee if the candidate is on the ballot at the election.
(1) Each of the county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party that has at least one (1) candidate on the ballot of the election.
(B) An independent candidate's committee if the candidate is on the ballot at the election.
(1) The county chairmen of the major political parties of the
county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee participating in a
primary or general or municipal election.
After that date, upon request the clerk or board shall report
cancellations daily and within forty-eight (48) hours after the day on
which the cancellations were made, until election day.
(1) be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (42 U.S.C. 1973);
(2) not result in the removal of the name of a person from the official list of voters solely due to the person's failure to vote; and
(3) be completed not later than ninety (90) days before a primary or general
(b) A county voter registration office may conduct a voter list maintenance program that complies with subsection (a). In conducting a voter list maintenance program, the county voter registration office shall mail a notice described in subsection (d) to each registered voter at the residence address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be the voter's current residence address.
(c) A county voter registration office may use information only from the following sources to make the determination under subsection (b)(2):
(1) The United States Postal Service National Change of Address Service.
(2) A court regarding jury duty notices.
(3) The return of a mailing sent by the county voter registration office to all voters in the county.
(4) The bureau of motor vehicles concerning the surrender of a voter's Indiana license for the operation of a motor vehicle to another jurisdiction.
(d) The notice described in subsection (b) must:
(1) be sent by first class United States mail, postage prepaid, by a method that requires the notice to be forwarded to the voter; and
(2) include a postage prepaid return card that:
(A) is addressed to the county voter registration office;
(B) states a date by which the card must be returned or the voter's registration will become inactive until the information is provided to the county voter registration office; and
(C) permits the voter to provide the voter's current residence address.
(e) If a voter returns the card described in subsection (d)(2) and provides a current residence address that establishes that the voter resides:
(1) in the county, the county voter registration office shall update the voter's registration record; or
(2) outside the county, the county voter registration office shall cancel the voter's registration.
(f) If a voter does not return the card described in subsection (d)(2) by the date specified in subsection (d)(2)(B), the county voter registration office shall indicate in the voter's registration record that the voter's registration is inactive.
(g) A voter's registration that becomes inactive under subsection (f) remains in inactive status from the date described in subsection (d)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or cancels the voter's registration under subsection (e) after the voter provides a current residence address.
(2) The day after the second general election in which the voter has not voted or appeared to vote.
(h) After the date described in subsection (g)(2), the county voter registration office shall remove the voter's registration from the voter registration records.
(1) The written request of the voter.
(2) Disenfranchisement due to criminal conviction and incarceration.
(3) The death of the voter.
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is defeated;
(3) files a declaration of candidacy for nomination by a
(4) files a declaration of candidacy for nomination by a caucus conducted under IC 3-13-1 or IC 3-13-2 and is defeated;
is not eligible to become a candidate for the same office in the next general
(b) For the purposes of subsection (a):
(1) a candidate for an at-large seat on a fiscal body is considered a candidate for the same office as a candidate for a district seat on a fiscal body; and
(2) a candidate for United States representative from a district in Indiana is considered a candidate for the same office as a candidate for any other congressional district in Indiana.
(c) This section does not apply to a candidate who files a written request for placement on the presidential primary ballot under IC 3-8-3.
(1) have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana; and
(2) have resided in the district in which seeking election, if applicable, for at least six (6) months before the election.
(b) This subsection applies to elections in a county in which a county chief executive officer is elected under IC 36-2-2.5. A candidate for the office of county chief executive officer must have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana.
filed under sections 5 and 6 of this chapter.
(b) The declaration of intent to be a write-in candidate required
under subsection (a) must be signed before a person authorized to
administer oaths and must certify the following information:
(1) The candidate's name must be printed or typewritten as:
(A) the candidate wants the candidate's name to be certified;
and
(B) the candidate's name is permitted to appear 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) The candidate's party affiliation or a statement that the
candidate is an independent candidate (not affiliated with any
party). For purposes of this subdivision, a candidate is affiliated
with a political party only if the candidate satisfies section 7(a)(4)
of this chapter.
(5) A statement of the candidate's intention to be a write-in
candidate, the name of the office, including the district, and the
date and type of election.
(6) If the candidate is a candidate for the office of President or
Vice President of the United States, a statement declaring the
names of the individuals who have consented and are eligible to
be the candidate's candidates for presidential electors.
(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:
(A) been a candidate for state or local office in a previous
primary or general election; and
(B) 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 intent to be a write-in candidate under
section 4 of this chapter.
(10) If the candidate is subject to IC 3-9-1-5.5, a statement that
the candidate is required to file a campaign finance statement of
organization under IC 3-9 after the first of either of the following
occurs:
(A) The candidate receives more than five hundred dollars
($500) in contributions.
(B) The candidate makes more than five hundred dollars
($500) in expenditures.
(11) 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.
(12) The candidate's signature and telephone number.
(c) At the time of filing the declaration of intent to be a write-in
candidate, the write-in candidate is considered a candidate for all
purposes.
(d) A write-in candidate must comply with the requirements under
IC 3-8-1 that apply to the office to which the write-in candidate seeks
election.
(e) A person may not be a write-in candidate in a contest for
nomination or for election to a political party office.
(f) A write-in candidate for the office of President or Vice President
of the United States must list at least one (1) candidate for presidential
elector and may not list more than the total number of presidential
electors to be chosen in Indiana.
(g) The commission shall provide that the form of a declaration of
intent to be a write-in candidate includes the following information
near the separate signature required by subsection (b)(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.
(h) A declaration of intent to be a write-in candidate 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 intent to be a write-in candidate. If there is a
difference between the name on the candidate's declaration of intent to
be a write-in candidate and the name on the candidate's voter
registration record, the officer with whom the declaration of intent to
be a write-in candidate is filed shall forward the information to the
voter registration officer of the appropriate county voter registration
office as required by IC 3-5-7-6(e). The county voter registration
officer office 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 intent to be a write-in candidate.
(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.
(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 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.
(b) A person may file both:
(1) a declaration of candidacy under this chapter for nomination to a federal or state office; and
(2) a written request under IC 3-8-3-1 that the person's name be placed on the ballot in a primary election as a candidate for nomination for the office of President of the United States.
(1) The title of each office.
(2) The name of each individual who has filed a request to be placed on the presidential primary ballot.
(3) The names and addresses of all persons for whom declarations of candidacy have been filed for nomination to an office on the primary election ballot.
(b) The county election board shall do the following:
(1) Publish the information described in subsection (a) before the primary election in accordance with IC 5-3-1.
(2) File a copy of the information described in subsection (a):
(A) with the election division; and
(B) in the minutes of the county election board.
(c) The county election board shall file the copies required under subsection (b)(2) not later than noon ten (10) days before election day.
(d) An election is not invalidated by the failure of the board to comply with this section.
(e) If the county election board receives an amendment from the election division under section 17 of this chapter after:
(1) compilation of the information described in subsection (a) has occurred; or
(2) the board determines that it is impractical to recompile completely revised information;
the board is only required to file a copy of the amendment with the minutes of the board.
Chapter 2.5. Nomination for School Board Office
Sec. 1. This chapter applies to a candidate for a school board office.
Sec. 2. A candidate for a school board office must file a petition of nomination in accordance with IC 3-8-6 and as required under IC 20-23 or IC 20-25. The petition of nomination, once filed, serves as the candidate's declaration of candidacy for a school board office.
Sec. 3. A candidate for a school board office is not required to file a statement of organization for the candidate's principal committee unless the candidate has received contributions or made expenditures requiring the filing of a statement under IC 3-9-1-5.5. If a candidate for a school board office is required to file a statement of organization for the candidate's principal committee, the statement of organization must be filed by noon seven (7) days after the final date for filing a petition of nomination or declaration of intent to be a write-in candidate.
Sec. 4. (a) A petition of nomination for a school board office must be filed:
(1) not earlier than one hundred four (104) days; and
(2) not later than noon seventy-four (74) days;
before the general election. The petition must be subscribed and sworn to before a person authorized to administer oaths.
(b) A declaration of intent to be a write-in candidate for a school board office must be filed:
(1) not earlier than ninety (90) days before the general election; and
(2) not later than noon five (5) days before the final date for the delivery of absentee ballots under IC 3-11-4-15.
The declaration must be subscribed and sworn to before a person authorized to administer oaths.
(b) Whenever a town not described in subsection (a) has entered into an agreement with a county under IC 3-10-7-4, the petition must be filed with the circuit court clerk or board of registration of that county. This subsection expires January 1, 2012.
(c) Whenever a school corporation is located in more than one (1) county, a petition for the nomination of a candidate to a school board office must be filed with the circuit court clerk or board of registration of the county having the greatest percentage of population of the election district.
(d) When a petition is filed under
(1) July 15 before a general
(2) forty-five (45) days before a special election.
certificates and petitions of nomination are required to be filed.
(b) Each candidate nominated by petition of nomination must satisfy
all statutory eligibility requirements for the office for which the
candidate is nominated, including the filing of statements of economic
interest.
(c) All questions concerning the validity of a petition of nomination
filed with the secretary of state or contesting the denial of certification
under section 12(d) of this chapter shall be referred to and determined
by the commission. A statement questioning the validity of a petition
of nomination or contesting the denial of certification under section
12(d) of this chapter must be filed with the election division under
IC 3-8-1-2(c) or IC 3-8-1-2(e) not later than noon seventy-four (74)
days before the date on which the general or municipal election will be
held for the office.
(d) All questions concerning the validity of a petition of nomination
filed with a circuit court clerk or contesting the denial of certification
under section 12(d) of this chapter shall be referred to and determined
by the county election board. A statement questioning the validity of a
petition of nomination or contesting the denial of certification under
section 12(d) of this chapter must be filed with the county election
board under IC 3-8-1-2(c) or IC 3-8-1-2(e) not later than noon
seventy-four (74) days before the date on which the general or
municipal election will be held for the office.
(e) This subsection does not apply to a petition of nomination for
election to a school board office subject to IC 3-8-2-14. The
commission or a county election board shall rule on the validity of the
petition of nomination or the denial of certification under section 12(d)
of this chapter not later than noon sixty (60) days before the date on
which the general or municipal election will be held for the office.
(f) This subsection applies to a petition of nomination for election
to a school board office elected in a general election. All questions
concerning the validity of the petition of nomination shall be referred
to and determined by the county election board not later than noon
fifty-four (54) days before the date of the general election. A statement
questioning the validity of a petition of nomination must be filed with
the county election board under IC 3-8-1-2(c) not later than noon
sixty-seven (67) days before the date of the general election.
used to designate the candidates of the political party on the ballot for
all elections throughout the state, the device must be used until:
(1) the device is changed in accordance with party rules; and
(2) a statement concerning the use of the new device is filed with
the election division.
(b) Except as provided in subsection (c), the device may be any
appropriate symbol.
(c) A political party or an independent candidate may not use as a
device:
(1) a symbol that has previously been filed by a political party or
candidate with the election division (or any of its predecessors);
(2) the coat of arms or seal of the state or of the United States;
(3) the national or state flag; or
(4) any other emblem common to the people.
(d) Not later than noon, August 20, before each general or municipal
election, the election division shall provide each county election board
with a camera-ready copy of the device under which the candidates of
the political party or the petitioner are to be listed so that ballots may
be prepared using the best possible reproduction of the device.
(e) This subsection applies to a candidate or political party whose
device is not filed with the election division under subsection (a) and
is to be printed only on ballots to identify candidates for election to a
local office. Not later than noon, August 20, the chairman of the
political party or the petitioner of nomination shall file a camera-ready
copy of the device under which the candidates of the political party or
the petitioner are to be listed with the county election board of each
county in which the name of the candidate or party will be placed on
the ballot. The county election board shall provide the camera-ready
copy of the device to the town election board of a town located wholly
or partially within the county upon request by the town election board.
(f) If a copy of the device is not filed in accordance with subsection
(a) or (e), or unless a device is designated in accordance with section
26 or 27 of this chapter, the county election board or town election
board is not required to use any device to designate the list of
candidates.
(1) Nominees chosen at a primary election under IC 3-10 and certified as required by this chapter.
(2) Nominees chosen by a convention of a political party in the state whose candidate received at least two percent (2%) of the total vote cast for secretary of state at the last election and certified under section 8 of this chapter.
(3) Nominees nominated by petition under IC 3-8-6.
(4) Nominees selected to fill a candidate vacancy under IC 3-13-1 or IC 3-13-2.
(1) July 15 before a general
(2) August 1 before a municipal election in a town subject to IC 3-8-5-10;
(3) on the date specified for town convention nominees under IC 3-8-5-14.5;
(4) on the date specified for declared write-in candidates under IC 3-8-2-2.7; or
(5) forty-five (45) days before a special election.
(b) A candidate who is disqualified from being a candidate under IC 3-8-1-5 must file a notice of withdrawal immediately upon becoming disqualified. The filing requirements of subsection (a) do not apply to a notice of withdrawal filed under this subsection.
(c) A candidate who has moved from the election district the candidate sought to represent must file a notice of withdrawal immediately after changing the candidate's residence. The filing requirements of subsection (a) do not apply to a notice of withdrawal filed under this subsection.
(1) Twenty-five (25) days before the nomination date.
(2) Twenty-five (25) days before the general
(3) The annual report filed and dated as required by section 10 of
this chapter.
(b) This subsection applies to a regular party committee. Except as
otherwise provided in this chapter, each committee and the committee's
treasurer shall complete a report required by this chapter current and
dated as of the following dates:
(1) Twenty-five (25) days before a primary election.
(2) Twenty-five (25) days before a general municipal, or special
election.
(3) The date of the annual report filed and dated as required under
section 10 of this chapter.
(c) This subsection applies to a legislative caucus committee.
Except as otherwise provided in this chapter, each committee and the
committee's treasurer shall complete a report required under this
chapter current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election conducted in
an even-numbered year.
(2) Twenty-five (25) days before a general election conducted in
an even-numbered year.
(3) The date of the annual report filed and dated as required under
section 10 of this chapter.
A legislative caucus committee is not required to file any report
concerning the committee's activity during an odd-numbered year other
than the annual report filed and dated under section 10 of this chapter.
(d) This subsection applies to a political action committee. Except
as otherwise provided in this chapter, each committee and the
committee's treasurer shall complete a report required by this chapter
current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election.
(2) Twenty-five (25) days before a general municipal, or special
election.
(3) The date of the annual report filed and dated as required under
section 10 of this chapter.
(e) This subsection applies to a candidate's committee of a candidate
for a state office. A candidate's committee is not required to file a
report under section 8.2, 8.4, or 8.5 of this chapter. For a year in which
an election to the state office is held, the treasurer of a candidate's
committee shall file the following reports:
(1) A report covering the period from January 1 through March 31
of the year of the report. A report required by this subdivision
must be filed not later than noon April 15 of the year covered by
the report.
(2) A report covering the period from April 1 through June 30 of
the year of the report. A report required by this subdivision must
be filed not later than noon July 15 of the year covered by the
report.
(3) A report covering the period from July 1 through September
30 of the year of the report. A report required by this subdivision
must be filed not later than noon October 15 of the year covered
by the report.
(4) A report covering the period from October 1 of the year of the
report through the date that is fifteen (15) days before the date of
the election. A report required by this subdivision must be filed
not later than noon seven (7) days before the date of the election.
(5) A report covering the period from the date that is fourteen (14)
days before the date of the election through December 31 of the
year of the report. A report required by this subdivision must:
(A) provide cumulative totals from January 1 through
December 31 of the year of the report; and
(B) be filed not later than the deadline specified in section 10
of this chapter.
(b) This subsection applies to a candidate who holds one (1) office and is a candidate for a different office (or has filed a statement of organization for an exploratory committee without indicating that the individual is a candidate for a specific office). The treasurer of the candidate's committee for the office the candidate holds shall file the following reports:
(1) If the committee spends, transfers in, or transfers out at least ten thousand dollars ($10,000) from January 1 until twenty-five (25) days before the primary election, the treasurer shall file a preprimary report under section 6 of this chapter.
(2) If the committee spends, transfers in, or transfers out at least ten thousand dollars ($10,000) from twenty-five (25) days before the primary election until twenty-five (25) days before the general election, the treasurer shall file a pregeneral election report under section 6 of this chapter.
(3) The report required under section 10 of this chapter.
(c) This subsection applies to a candidate who is required to file a preprimary report or preconvention report under section 6 of this chapter and who:
(1) is defeated at the primary election or convention; or
(2) withdraws or is disqualified as a candidate before the general election.
The treasurer of a candidate's committee described by this subsection is not required to file a pregeneral election report under section 6 of this chapter but shall file the report required by section 10 of this chapter.
(d) This subsection applies to a candidate for election to a city office or a town office. If a
(e) This subsection applies to a candidate's committee of a candidate for a state office. For a year in which an election to the state office is not held, the treasurer of a candidate's committee shall file the following reports in addition to any other report required by this article:
(1) A report covering the period from January 1 through June 30 of the year of the report. A report required by this subdivision must be filed not later than noon July 15 of the year covered by the report.
(2) A report covering the period from July 1 through December 31 of the year of the report. A report required by this subdivision must:
(A) provide cumulative totals from January 1 through December 31 of the year of the report; and
(B) be filed by the deadline specified in section 10 of this chapter.
(1) applies only to a large contribution that is received by a candidate, the candidate's committee, or the treasurer of the candidate's committee; and
(2) does not apply to a candidate for a state office, the candidate's
committee, or the treasurer of the candidate's committee.
(b) As used in this section, "election" refers to any of the following:
(1) A primary election.
(2) A general election.
(3) A municipal election.
(4) (3) A special election.
(5) (4) For candidates nominated at a state convention, the state
convention.
(c) As used in this section, "large contribution" means contributions:
(1) that total at least one thousand dollars ($1,000); and
(2) that are received:
(A) not more than twenty-five (25) days before an election;
and
(B) not less than forty-eight (48) hours before an election.
(d) The treasurer of a candidate's committee shall file a
supplemental large contribution report with the election division or a
county election board not later than forty-eight (48) hours after the
contribution is received. A candidate for a legislative office shall file
a report required by this section with the election division and the
county election board as required by section 3 of this chapter. A report
filed under this section may be filed by facsimile (fax) transmission.
(e) A report required by subsection (d) must contain the following
information for each large contribution:
(1) The name of the person making the contribution.
(2) The address of the person making the contribution.
(3) If the person making the contribution is an individual, the
individual's occupation.
(4) The total amount of the contribution.
(5) The dates and times the contributions making up the large
contribution were received by the treasurer, the candidate, or the
candidate's committee.
(f) The commission shall prescribe the form for the report required
by this section.
For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper
column. For optical scan ballots, print: To vote for a person, darken or
shade in the circle, oval, or square (or draw a line to connect the arrow)
that precedes the person's name in the proper column. For optical scan
ballots that do not contain a candidate's name, print: To vote for a
person, darken or shade in the oval that precedes the number assigned
to the person's name in the proper column. For electronic voting
systems, print: To vote for a person, touch the screen (or press the
button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) The offices with candidates for nomination shall be placed on
the primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(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) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner, except in a county that is subject to IC 36-2-2.5.
(I) County chief executive officer, in a county that is subject to IC 36-2-2.5.
(5) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(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.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(c) The political party offices with candidates for election shall be placed on the primary election ballot in the following order after the offices described in subsection (b):
(1) Precinct committeeman.
(2) State convention delegate.
(d) The following offices and public questions shall be placed on the primary election ballot in the following order after the offices described in subsection (c):
(e) The offices and public questions described in subsection (d) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (c) in the form specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (c) in the form specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary election ballot in the following form:
[] YES
[] NO
(b) Whenever candidates are to be nominated for an office that includes both an at-large member and a member representing a district, the candidates seeking nomination as an at-large member shall be placed on the ballot before candidates seeking nomination to represent a district.
(c)
(1) Each candidate of each political party.
(2) Each public question voted on at the primary election.
(3) Each candidate for election to a
every four (4) years thereafter:
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner, except in a county that is subject to
IC 36-2-2.5.
(10) County chief executive officer, in a county that is subject
to IC 36-2-2.5.
(10) (11) County council member.
(11) (12) Township trustee.
(12) (13) Township board member.
(13) (14) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(14) (15) Judge of a small claims court.
(15) (16) Constable of a small claims court.
Chapter 7.5. Elections for Municipal Offices
Sec. 1. This chapter applies to an election to a municipal office held after December 31, 2011.
Sec. 2. (a) Except as provided in sections 3 and 4 of this chapter, the successor of an individual elected to a municipal office at the 2011 municipal election shall:
(1) be elected at the 2014 general election; and
(2) take office January 1, 2015.
(b) The successors of an individual elected to a municipal office under subsection (a) shall:
(1) be elected at the general election held in each nonpresidential election year;
(2) take office the following January 1; and
(3) serve a term of four (4) years.
Sec. 3. (a) The successor of an individual elected as a judge of a city or town court at the 2011 municipal election shall:
(1) be elected at the 2016 general election; and
(2) take office January 1, 2017.
(b) The successors of an individual elected as a judge of a city or town court under subsection (a) shall:
(1) be elected at the general election held in each presidential election year;
(2) take office the following January 1; and
(3) serve a term of four (4) years.
Sec. 4. (a) The legislative body of a municipality may adopt an ordinance to provide that, notwithstanding section 2 of this chapter, fifty percent (50%) of the legislative body shall be elected in presidential election years.
(b) The following apply to an ordinance adopted under this section:
(1) The ordinance must be adopted in the year before a nonpresidential election year.
(2) An individual elected:
(A) to the legislative body; and
(B) at the election during the following nonpresidential election year;
serves a term of two (2) years, beginning on January 1 following the election.
(3) The successors of an individual described in subdivision (2) shall:
(A) be elected at the general election held in each presidential election year;
(B) take office the following January 1; and
(C) serve a term of four (4) years.
Sec. 5. The successors of an individual elected to a municipal office at the 2008 general election shall:
(1) be elected at the general election held in each presidential election year;
(2) take office the following January 1; and
(3) serve a term of four (4) years.
Sec. 6. The successors of an individual elected to a municipal office at the 2010 general election shall:
(1) be elected at the general election held in each nonpresidential election year;
(2) take office the following January 1; and
(3) serve a term of four (4) years.
Sec. 7. Candidates for election to municipal offices shall be nominated as provided in this title for candidates for other offices.
Sec. 8. (a) This section applies to each political party whose nominee received at least ten percent (10%) of the votes cast in the state for secretary of state at the most recent election for secretary of state.
(b) The political party shall nominate all candidates for election to municipal offices at a primary election as provided in IC 3-10.
Sec. 9. (a) This section applies to a political party:
(1) not qualified to conduct a primary election under IC 3-10; and
(2) not required to nominate candidates by a petition of nomination under IC 3-8-6.
(b) The political party may conduct a convention to nominate candidates for municipal offices not later than noon on the date specified by IC 3-13-1-7(a)(1) for a major political party to act to fill a candidate vacancy.
(c) The chairman and secretary of the convention shall execute and acknowledge a certificate setting forth the nominees of the convention in accordance with IC 3-8-7-10. The certificate must be filed with the circuit court clerk of the county containing the greatest percentage of population of the municipality 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.
(d) Each candidate nominated under this section shall execute a consent to the nomination in the same form as a candidate nominated by petition under IC 3-8-6. The consent must be filed with the certificate under subsection (c).
(e) A 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 county voter registration office of the appropriate county as required by IC 3-5-7-6(e). The county voter registration office 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.
(f) A question concerning the validity of a candidate's
nomination under this section shall be determined by a county
election board in accordance with IC 3-13-1-16.5(b) and
IC 3-13-1-16.5(c).
(g) A nominee who wants to withdraw must file a notice of
withdrawal in accordance with IC 3-8-7-28.
(h) A county election board may not include the name of a
candidate on the ballot if the person files a notice to withdraw with
the board. The notice must:
(1) be signed and acknowledged before an officer authorized
to take acknowledgments of deeds;
(2) have the certificate of acknowledgment appended to the
notice; and
(3) be filed with the board not later than noon three (3) days
after the adjournment of the convention.
Sec. 10. The general election for municipal offices shall be held
on the first Tuesday after the first Monday in November of the
following:
(1) A presidential election year, for municipal offices whose
terms expire after the end of the presidential election year.
(2) A nonpresidential election year, for municipal offices
whose terms expire after the end of the nonpresidential
election year.
Sec. 11. (a) In accordance with IC 3-11-1.5 and to the extent
applicable and feasible, the circuit court clerk, the county fiscal
body, the county executive, and the county election board of each
county in which there are voters who may vote for offices in a
municipality, but who live in a county adjacent to the county in
which the greatest percentage of the population of the municipality
resides, shall:
(1) upon written request of their counterpart election officers
in the county with the greatest percentage of the population
of the municipality, establish precincts in the municipality;
and
(2) supply the precincts established with poll lists and perform
all other duties under this title as if the voters were
inhabitants of a municipality with the greatest percentage of
its population within that county.
(b) The commission shall, if necessary, implement this section by
orders and rules. Local governments may use IC 36-1-7 for
contractual agreements concerning the costs of services, supplies,
and equipment required.
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. If a local public
question must be certified to an election board by law, that certification
must occur no not later than noon:
(1) sixty (60) days before a primary election if the public question
is to be placed on the primary or municipal primary election
ballot; or
(2) August 1 if the public question is to be placed on the general
or municipal election ballot.
(1) applies to a general,
(2) is enacted to implement Article 2, Section 2(c) of the Constitution of the State of Indiana.
(b) A person who changes residence from a location outside a municipality to a location within a municipality within thirty (30) days before a municipal primary election, municipal election, or special election held only within the municipality may not vote in the election in the precinct of the person's former residence. This subsection expires January 1, 2012.
(1) changes residence from a precinct in a county to another precinct:
(A) in the same county; and
(B) in the same congressional district;
as the former precinct; and
(2) does not notify the county voter registration office of the change of address before election day.
(b) A voter described by subsection (a) may:
(1) correct the voter registration record; and
(2) vote in the precinct where the voter formerly resided;
if the voter makes an oral affirmation as described in subsection (e) or a written affirmation as described in section 4 of this chapter of the voter's current residence address.
(c) A voter who moved outside of a municipality may not return to the precinct where the voter formerly resided to vote in a municipal election.
(d) A voter who moved from a location outside a municipality to a location within a municipality within thirty (30) days before a:
(1) municipal primary election;
(2) municipal election; or
(3) special election held only within the municipality;
may not vote in the election in the precinct of the person's former residence. This subsection expires January 1, 2012.
(e) A voter entitled to make a written affirmation under subsection (b) may make an oral affirmation. The voter must make the oral affirmation before the poll clerks of the precinct. After the voter makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an appropriate location on the poll list; and
(2) initial the affirmation.
conducted under this chapter.
(b) After the election division has reviewed the proposed precinct
establishment order, and the order has been revised, if necessary, to
comply with this chapter, the commission shall:
(1) approve a proposed precinct establishment order under this
section not later than the following January 31; and
(2) order that the precinct establishment order takes effect January
31 of the year in which the municipal election will be held.
(c) This section expires January 1, 2012.
(1) IC 36-3-4-3;
(2) IC 36-4-6-3;
(3) IC 36-4-6-4;
(4) IC 36-4-6-5;
(5) IC 36-5-1-10.1;
(6) IC 36-5-2-4.1; or
(7) IC 36-5-2-4.2;
after November 8 of the year preceding the year in which a municipal election is to be held and before the day following the date on which the municipal election is held except to assign territory to a municipal legislative body district in an annexation ordinance.
(b) This section expires January 1, 2012.
(b) The voters may vote in the precinct in which they have their residence as if the precinct had been established to include them in a precinct wholly within the municipality. These votes shall be counted and included in the canvass of the votes cast in the municipal primary election or municipal election.
(c) This section expires January 1, 2012.
general election ballot in the following order:
(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.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(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) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) 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.
(G) County assessor.
(H) County commissioner, except in a county that is subject
to IC 36-2-2.5.
(I) County chief executive officer, in a county that is
subject to IC 36-2-2.5.
(I) (J) County council member.
(5) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council
member.
(5) (6) 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.
(1) board of commissioners of a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined in IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot applications available for persons covered by this section after November 20 preceding the election to which the application applies. Except as provided in subsection (c), the person may apply for an absentee ballot at any time after the applications are made available.
(c) A person covered by this section may apply for an absentee ballot for the next scheduled primary, general, or special election at any time by filing a standard form approved under 42 U.S.C. 1973ff(b).
(d) If the county election board receives an absentee ballot application from a person described by this section, the circuit court clerk shall mail to the person, free of postage as provided by 39 U.S.C. 3406, all ballots for the election immediately upon receipt of the ballots under sections 13 and 15 of this chapter.
(e) In accordance with 42 U.S.C. 1973ff-3, whenever a voter files an application for an absentee ballot and indicates on the application that the voter:
(1) is an absent uniformed services voter or an overseas voter; and
(2) does not expect to be in the county on the next general election day following the date the application is filed and expects to remain absent from the county until at least the date of the second general election following the date the application is filed;
the application is an adequate application for an absentee ballot for both subsequent general elections and any
(f) Whenever a voter described in subsection (a)(2) files an application for a primary election absentee ballot and indicates on the application that the voter is an address confidentiality program participant, the application is an adequate application for a general election absentee ballot under this chapter and an absentee ballot for a special election conducted during the twelve (12) months following the date of the application. The circuit court clerk and county election board shall process this application and send general election and special election absentee ballots to the voter in the same manner as other general election and special election absentee ballot applications and ballots are processed and sent under this chapter.
(g) The name, address, telephone number, and any other identifying information relating to a program participant (as defined in IC 5-26.5-1-6) in the address confidentiality program, as contained in
a voting registration record, is declared confidential for purposes of
IC 5-14-3-4(a)(1). The county voter registration office may not disclose
for public inspection or copying a name, an address, a telephone
number, or any other information described in this subsection, as
contained in a voting registration record, except as follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax (or electronic mail when
authorized under this section) transmit an absentee ballot to and receive
an absentee ballot from an absent uniformed services voter or an
overseas voter at the request of the voter. If the voter wants to submit
absentee ballots by fax or electronic mail, the voter must separately
sign and date a statement on the cover of the fax transmission that
states substantively the following: "I understand that by faxing or
e-mailing my voted ballot I am voluntarily waiving my right to a secret
ballot.".
(i) The county election board shall send confirmation to a voter
described in subsection (h) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the confirmation
to the voter at the fax number provided by the voter.
(2) If the voter provides an electronic mail address to which a
confirmation may be sent, the county election board shall send the
confirmation to the voter at the electronic mail address provided
by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic
mail address; or
(B) the number or address provided does not permit the board
to send the confirmation not later than the end of the first
business day after the board receives the voter's absentee
ballot;
the county election board shall send the confirmation by United
States mail.
The county election board shall send the confirmation required by this
subsection not later than the end of the first business day after the
county election board receives the voter's absentee ballot.
(j) A county election board may transmit an absentee ballot to an
absent uniformed services voter or an overseas voter by electronic mail
under a program authorized and administered by the Federal Voting
Assistance Program of the United States Department of Defense. A
voter described by this section may transmit the voted absentee ballot
to a county election board by electronic mail in accordance with the
procedures established under this program. An electronic mail message
transmitting a voted absentee ballot under this subsection must include
an optically scanned image of the voter's signature on the statement
required under subsection (h).
(1) not less than sixty (60) days before the date on which a general or primary
(2) not more than three (3) days after the date on which a special election is ordered;
estimate the number of absentee ballots that will be required in the county for the election.
(1) forty-five (45) days before a general or primary
(2) thirty-two (32) days before a special election.
(b) This subsection applies to the printing of absentee ballots for a general election in
(b) An electronic poll list must satisfy all of the following:
(1) An electronic poll list must be programmed so that the coordinated action of two (2) precinct election officers who are not members of the same political party is necessary to obtain access to the electronic poll list.
(2) An electronic poll list may not be connected to a voting system.
(3) An electronic poll list may not permit access to voter information other than information provided on the certified list of voters prepared under IC 3-7-29-1.
(1)
(2)
(3) a special election conducted under IC 3-10-8.
(b) Notwithstanding section 26 of this chapter, a county election board (or a town election board acting under IC 3-10-7) may adopt a resolution by the unanimous vote of the board's entire membership stating that voters are entitled to vote by absentee ballot before an absentee voter board in the office of the circuit court clerk or town election board during specific days and hours identified in the resolution.
(c) If the election board adopts a resolution under subsection (b), the board must include written findings of fact in the resolution stating:
(1) the number of absentee ballot applications anticipated or previously received for the election;
(2) the expense to be incurred by providing absentee ballot voting in the office during the entire period required under section 26 of this chapter; and
(3) that voters would experience little or no inconvenience by restricting absentee ballot voting in the office to the days and hours specified in the resolution.
(b) At a general
(c) If a voter refuses to leave the voting booth after the lapse of the time provided under subsection (a) or (b), the precinct election board, or the election sheriff or sheriffs upon the order of the board, shall immediately remove the voter from the booth.
(b) After receiving ballot cards, a voter shall, without leaving the room, go alone into one (1) of the booths or compartments that is unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by marking the connectable arrows, circles, ovals, or squares immediately beside:
(A) the candidates' names; or
(B) the numbers referring to the candidates; and
(2) the voter's preference on each public question by marking the connectable arrow, oval, or square beside:
(A) the word "yes" or "no" under the question; or
(B) the number referring to the word "yes" or "no" on the ballot.
(c) If an election is a general
(1) the circle enclosing the device; or
(2) the connectable arrow, circle, oval, or square described in section 11 of this chapter;
that designates the candidates of that political party or independent ticket (described in IC 3-11-2-6). The voter's vote shall then be counted for all the candidates of that political party or included in the independent ticket (described in IC 3-11-2-6). However, if the voter marks the circle, arrow, oval, or square of an independent ticket (described in IC 3-11-2-6), the vote shall not be counted for any other independent candidate on the ballot.
(b) At a general
minutes.
(c) If a voter refuses to leave a voting booth or compartment after
the lapse of the time provided under subsection (a) or (b), the precinct
election board, or the election sheriff or sheriffs upon the order of the
board, shall immediately remove the voter from the booth or
compartment.
(b) This section expires January 1, 2012.
(1) the requisite number of ballot card voting systems; and
(2) all the furniture and appliances that go with the ballot card voting systems.
(b) However, the municipality shall pay the expenses of moving the ballot card voting systems and furniture to and from the polls and also for any damage or loss to the ballot card voting systems or furniture.
(c) This section expires January 1, 2012.
(b) If a voter is not challenged by a member of the precinct election board, the voter may pass the railing to the side where an electronic voting system is and into the voting booth. There the voter shall register the voter's vote in secret by indicating:
(1) the candidates for whom the voter desires to vote by touching a device on or in the squares immediately above the candidates' names;
(2) if the voter intends to cast a write-in vote, a write-in vote by touching a device on or in the square immediately below the candidates' names and printing the name of the candidate in the window provided for write-in voting; and
(3) the voter's preference on each public question by touching a device above the word "yes" or "no" under the question.
(c) If an election is a general
(d) As provided by 42 U.S.C. 15481, a voter casting a ballot on an electronic voting system must be:
(1) permitted to verify in a private and independent manner the votes selected by the voter before the ballot is cast and counted;
(2) provided the opportunity to change the ballot or correct any error in a private and independent manner before the ballot is cast and counted, including the opportunity to receive a replacement ballot if the voter is otherwise unable to change or correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting multiple votes for the office and provided an opportunity to correct the ballot before the ballot is cast and counted.
(b) This section expires January 1, 2012.
(1) the requisite number of systems; and
(2) all the furniture and appliances that go with the systems.
(b) However, the municipality shall pay the expenses of moving the systems and furniture to and from the polls and also for any damage or loss to the systems or furniture.
(c) This section expires January 1, 2012.
(b) On July 1, 2010, a county designated as a vote center pilot county under:
(1) P.L.164-2006, SECTION 148 (before its expiration); or
(2) P.L.108-2008, SECTION 4;
is automatically redesignated as a vote center county under this chapter.
(b) As used in this section, "board" refers to either of the following:
(1) The county election board.
(2) The board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4.
(c) The board shall hold a public hearing to present a draft plan for administration of vote centers in the county.
(d) After presentation of the draft plan under subsection (c), the board shall accept written public comments on the draft plan.
(e) At least thirty (30) days after the hearing held under subsection (c), the board shall hold a public hearing to consider the draft plan, the written public comments, and any other public comment that the board may permit on the draft plan.
(f) After consideration of the draft plan and the public comments, the board may do the following:
(1) Adopt an order approving the draft plan.
(2) Amend the draft plan and adopt an order approving the amended draft plan.
The board may adopt the order to approve a plan only by unanimous vote of the entire membership of the board.
(1) a resolution adopted by the county executive; and
(2) a resolution adopted by the county fiscal body;
approving the
(1) The total number of vote centers to be established.
(2) The location of each vote center.
(3) The effective date of the order.
(4) The following information according to the computerized list (as defined in IC 3-7-26.3-2) as of the date of the order:
(A) The total number of voters within
(B) The number of
(C) The number of inactive
(5) For each vote center designated under subdivision (2), a list of the precincts whose polls will be located at the vote center.
(6) For each vote center designated under subdivision (2), the number of precinct election boards that will be appointed to administer an election at the vote center.
(7) For each precinct election board designated under subdivision (6), the number and name of each precinct the precinct election board will administer.
(8) For each vote center designated under subdivision (2), the number and title of the precinct election officers who will be appointed to serve at the vote center.
(9) For each vote center designated under subdivision (2):
(A) the number and type of ballot variations that will be provided at the vote center; and
(B) whether these ballots will be:
(i) delivered to the vote center before the opening of the polls; or
(ii) printed on demand for a voter's use.
(10) A detailed description of any hardware, firmware, or software used:
(A) to create an electronic poll list for each precinct whose polls are to be located at a vote center; or
(B) to establish a secure electronic connection between the county election board and the precinct election officials administering a vote center.
(11) A description of the equipment and procedures to be used to ensure that information concerning a voter entered into any electronic poll list used by precinct election officers at a vote center is immediately accessible to:
(A) the county election board; and
(B) the electronic poll lists used by precinct election officers at all other vote centers in the county.
(12) For each precinct designated under subdivision (5), the number of electronic poll lists to be provided for the precinct.
(13) The security and contingency plans to be implemented by the county to do all of the following:
(A) Prevent a disruption of the vote center process.
(B) Ensure that the election is properly conducted if a disruption occurs.
(C) Prevent access to an electronic poll list without the coordinated action of two (2) precinct election officers who are not members of the same political party.
(14) A certification that the vote center complies with the accessibility requirements applicable to polling places under IC 3-11-8.
(15) A sketch depicting the planned layout of the vote center, indicating the location of:
(A) equipment; and
(B) precinct election officers;
within the vote center.
(16) The total number of vote centers to be established at satellite offices that are established under IC 3-11-10-26.3 to allow voters to cast absentee ballots in accordance with IC 3-11.
(17) The method and timing of providing voter data to persons who are entitled to receive the data under this title. Data must be provided to all persons entitled to the data without unreasonable delay.
described in subsection (b), A plan must provide a vote center for use
by voters residing in each municipality within the county conducting
a municipal primary or a municipal election for use in a primary,
general, or special election conducted on or after the effective date
of the county election board's order.
(b) A vote center may not be used in a municipal primary or
municipal election conducted within a municipality that is partially
located in a county that has not been designated a vote center pilot
county.
(1) The plan must provide for at least one (1) vote center for each ten thousand (10,000) active voters.
(2) In addition to the vote centers designated in subdivision (1), the plan must provide for a vote center for any fraction of ten thousand (10,000) voters.
(1) That the secure electronic connection as described under section 4(10)(B) of this chapter is sufficient to prevent:
(A) any voter from voting more than once; and
(B) unauthorized access by any person to:
(i) the electronic poll lists for a precinct whose polls are to be located at the vote center; or
(ii) the computerized list of voters of the county.
(2) That the planned design and location of the equipment and precinct officers will provide the most efficient access for:
(A) voters to enter the polls, cast their ballots, and leave the vote center; and
(B) precinct election officials, watchers, challengers, and pollbook holders to exercise their rights and perform their duties within the vote center.
[EFFECTIVE JULY 1, 2010]: Sec. 8. (a) The designation of a county
as a vote center pilot county takes effect immediately upon the filing
of the order with the election division, unless otherwise specified by
the secretary of state. county election board.
(b) The designation of a county as a vote center county remains
in effect until the county election board, by unanimous vote of its
entire membership:
(1) rescinds the order designating the county as a vote center
county; and
(2) files a copy of the document rescinding the order with the
election division.
(1) must comply with IC 3-11-8-10.3;
voter resides.
(b) For a county to amend its plan:
(1) the county election board (or board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4), by unanimous vote of the entire membership of the board, must approve the
(2) all members of the board must sign the
(3) the
(c) A plan amendment takes effect immediately upon filing with the election division, unless otherwise specified by the county election board.
(1) not less than sixty (60) days before the date on which a general or primary
(2) not more than three (3) days after the date on which a special election is ordered;
estimate the number of provisional ballots that will be required in the county for the election.
(b) After completing the estimate required by section 4 of this chapter, the county election board shall immediately prepare the ballots and have the ballots printed.
(c) Except as provided in subsection (e), ballots prepared by the county election board under this section must provide space for the voter to cast a write-in ballot.
(d) The provisional ballots that are prepared and printed under this section shall be delivered to the circuit court clerk not later than:
(1) forty-five (45) days before a general or primary
(2) thirty-two (32) days before a special election.
(e) Space for write-in voting for an office is not required if there are no declared write-in candidates for that office. However, procedures must be implemented to permit write-in voting for candidates for federal offices.
(f) This subsection applies to the printing of provisional ballots for a general election in
(1) to a local or school board office other than:
(A) one for which a town clerk-treasurer issues a certificate of election under IC 3-10-7-34 before January 1, 2012; or
(B) one commissioned by the governor under IC 4-3-1-5; or
(2) a precinct committeeman or state convention delegate;
the circuit court clerk shall, when permitted under section 16 of this chapter, prepare and deliver to the candidate on demand a certificate of the candidate's election.
(b) This subsection applies to a local or school board office described in subsection (a) with an election district located in more than one (1) county and a local public question placed on the ballot in more than one (1) county. The circuit court clerk of the county that contains the greatest percentage of the population of the election district shall, upon demand of the candidate or a person entitled to request a recount of the votes cast on a public question under IC 3-12-12:
(1) obtain the certified statement of the votes cast for that office
or on that question that was prepared under IC 3-12-4-9 from the
circuit court clerk in each other county in which the election
district is located;
(2) tabulate the total votes cast for that office or on that question
as shown on the certified statement of each county in the election
district; and
(3) issue a certificate of election to the candidate when permitted
under section 16 of this chapter or a certificate declaring the local
public question approved or rejected.
(1) a certificate of nomination under IC 3-8-7;
(2) a certificate of election under IC 3-10-7-34 (before January 1, 2012) or IC 3-12-5-2; or
(3) a commission for the office under IC 4-3-1-5.
(b) The election division shall provide a copy of a certificate transmitted to the election division under this section to the office.
(1) a federal office;
(2) a state office (other than governor and lieutenant governor); or
(3) a legislative office;
occurs, a special election shall be held.
(b) Whenever a tie vote occurs at a primary election for the nomination of a candidate to be voted for at the general
election ballot may be filled in the manner prescribed by this chapter,
but only if it is filled by not later than noon June 30 before election
day.
(1) not later than noon June 30 after the primary election if the vacancy exists on a general
(2) within thirty (30) days after the occurrence of the vacancy, if the vacancy exists on a special election ballot, subject to section 2 of this chapter.
(b) This subsection applies to a candidate vacancy that exists before the thirtieth day before a general
(1) The death of a candidate.
(2) The withdrawal of a candidate.
(3) The disqualification of a candidate under IC 3-8-1-5.
(4) A court order issued under IC 3-8-7-29(d).
Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this chapter for reasons permitted under this subsection must be taken within thirty (30) days after the occurrence of the vacancy.
(b) All questions concerning the validity of a certificate of candidate selection filed with a circuit court clerk shall be referred to and determined by the county election board. A statement questioning the validity of a certificate of candidate selection must be filed with the county election board under IC 3-8-1-2(c) not later than noon seventy-four (74) days before the date on which the general
(c) The commission or a county election board shall rule on the validity of the certificate of candidate selection not later than noon sixty (60) days before the date on which the general
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 19. A person who was
defeated in a primary election or in a town or state convention is
eligible to be appointed by the political party that the person affiliated
with by voting in the most recent primary election held by that party.
The person selected may fill any vacancy on the party's ticket as a
candidate in any general municipal, or special election following that
primary election or convention in which the vacancy occurred.
However, a person is not disqualified from appointment under this
section for not having voted in the most recent primary election if the
appointee is certified as a member of that party by the county chairman
for the county in which the appointee resides.
(1) death of a political party's candidate;
(2) withdrawal of a candidate who has moved from the election district;
(3) disqualification of a candidate under IC 3-8-1-5; or
(4) issuance of a court order under IC 3-8-7-29(d);
for nomination or election to an office at a general
(b) A vacancy shall be filled by a majority of the remaining members of the council at a regular or special meeting. The city clerk shall give notice of the meeting. Except as provided in subsection (c), the meeting shall be held not later than thirty (30) days after the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten
(10) days before the meeting.
(c) If a vacancy exists because of the death of a council member, the
council shall meet and select an individual to fill the vacancy not later
than thirty (30) days after the city clerk receives notice of the death
under IC 5-8-6. The city clerk may not give the notice required by
subsection (b) until the city clerk receives notice of the death under
IC 5-8-6.
(d) The appointed member serves until a successor is elected and
qualified at the next municipal or general election. whichever occurs
first. The successor serves from noon January 1 following that election
to noon January 1 following the next municipal general election, as
provided in IC 36-3-4-2. The persons appointed and elected must be
resident voters in the district where the vacancy occurred, unless the
vacancy occurred in an at large seat.
(1) commission;
(2) certificate if a certificate was issued under IC 3-10-7-34 (before January 1, 2012), IC 3-12-4, or IC 3-12-5; or
(3) certificate of appointment pro tempore under IC 3-13-11-11;
signed by the person taking the oath, and certified to by the officer before whom the oath was taken, who shall also deliver to the person taking the oath a copy of the oath.
(b) A copy of the oath of office of a prosecuting attorney shall be:
(1) recorded on the bond required by section 20 of this chapter; or
(2) attached to the commission of the prosecuting attorney.
(1) The name of the community school corporation.
(2) Subject to subsection (e), a general description of the boundaries of the community school corporation.
(3) With respect to the board of school trustees, the following:
(A) Whether the number of members is:
(i) three (3);
(ii) five (5); or
(iii) seven (7).
(B) Whether the members are elected or appointed.
(C) If the members are appointed:
(i) when the appointments are made; and
(ii) who makes the appointments.
(D) If the members are elected,
(E) Subject to sections 21 and 22 of this chapter, the manner in which members are elected or appointed.
(4) The compensation, if any, of the members of the regular and interim board of school trustees, which may not exceed the amount provided in IC 20-26-4-7.
(5) Subject to subsection (f), qualifications required of the members of the board of school trustees, including limitations on:
(A) residence; and
(B) term of office.
(6) If an existing school corporation is divided in the reorganization, the disposition of assets and liabilities.
(7) The disposition of school aid bonds, if any.
(b) If existing school corporations are not divided in the reorganization, the:
(1) assets;
(2) liabilities; and
(3) obligations;
of the existing school corporations shall be transferred to and assumed by the new community school corporation of which they are a part, regardless of whether the plan provides for transfer and assumption.
(c) The preliminary plan must be supported by a summary statement of the following:
(1) The educational improvements the plan's adoption will make possible.
(2) Data showing the:
(A) assessed valuation;
(B) number of resident students in ADA in grades 1 through 12;
(C) assessed valuation per student referred to in clause (B); and
(D) property tax levies;
of each existing school corporation to which the plan applies.
(3) The:
(A) assessed valuation;
(B) resident ADA; and
(C) assessed valuation per student;
data referred to in subdivision 2(A) through 2(C) that would have applied for each proposed community school corporation if the corporation existed in the year the preliminary plan is prepared or notice of a hearing or hearings on the preliminary plan is given by the county committee.
(4) Any other data or information the county committee considers appropriate or that may be required by the state board in its rules.
(d) The county committee:
(1) shall base the assessed valuations and tax levies referred to in subsection (c)(2) through (c)(3) on the valuations applying to taxes collected in:
(A) the year the preliminary plan is prepared; or
(B) the year notice of a hearing or hearings on the preliminary plan is given by the county committee;
(2) may base the resident ADA figures on the calculation of the figures under the rules under which they are submitted to the state superintendent by existing school corporations; and
(3) shall set out the resident ADA figures for:
(A) the school year in progress if the figures are available for that year; or
(B) the immediately preceding school year if the figures are not available for the school year in progress.
The county committee may obtain the data and information referred to in this subsection from any source the committee considers reliable. If the county committee attempts in good faith to comply with this subsection, the summary statement referred to in subsection (c) is sufficient regardless of whether the statement is exactly accurate.
(e) The general description referred to in subsection (a)(2) may consist of an identification of an existing school corporation that is to be included in its entirety in the community school corporation. If a boundary does not follow the boundary of an existing civil unit of government or school corporation, the description must set out the boundary:
(1) as near as reasonably possible by:
(A) streets;
(B) rivers; and
(C) other similar boundaries;
that are known by common names; or
(2) if descriptions as described in subdivision (1) are not possible, by section lines or other legal description.
The description is not defective if there is a good faith effort by the county committee to comply with this subsection or if the boundary may be ascertained with reasonable certainty by a person skilled in the area of real estate description. The county committee may require the services of the county surveyor in preparing a description of a boundary line.
(f) A member of the board of school trustees:
(1) may not serve an appointive or elective term of more than four (4) years; and
(2) may serve more than one (1) consecutive appointive or elective term.
(b) If a plan provides for election of members of the governing body, the members of the governing body shall be elected at a general election. Each candidate must, in accordance with IC 3-8-2.5, file a petition of nomination that is signed by the candidate and by ten (10) registered voters residing within the boundaries of the community school corporation. The filing must be made within the time specified by IC 3-8-2.5-4.
(c) All nominations shall be listed for each office in the form prescribed by IC 3-11-2, but without party designation. Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation in general elections are conducted. The precinct election boards serving in each county shall conduct the election for members of the governing body. If a school corporation is located in more than one (1) county, each county election board shall print the ballots required for voters in that county to vote for candidates for members of the governing body.
(d) If the plan provides that the members of the governing body shall be elected by all the voters of the community school corporation, candidates shall be placed on the ballot in the form prescribed by IC 3-11-2, without party designation. The candidates who receive the most votes are elected.
(e) If the plan provides that members of the governing body are to be elected from residence districts by all voters in the community school corporation, nominees for the governing body shall be placed on the ballot in the form prescribed by IC 3-11-2,
by residence districts without party designation. The ballot must
state the number of members to be voted on and the maximum
number of members that may be elected from each residence
district as provided in the plan. A ballot is not valid if more than
the maximum number of members are voted on from a board
member residence district. The candidates who receive the most
votes are elected. However, if more than the maximum number
that may be elected from a residence district are among those
receiving the most votes, the candidates from the residence districts
exceeding the maximum number who receive the fewest votes shall
be eliminated in determining the candidates who are elected.
(f) If the plan provides that members of the governing body are
to be elected from electoral districts solely by the voters of each
district, nominees residing in each electoral district shall be placed
on the ballot in the form prescribed by IC 3-11-2, without party
designation. The ballot must state the number of members to be
voted on from the electoral district. The candidates residing in the
electoral district who receive the most votes are elected.
(1) a tie vote occurs among the members of the governing body under this subsection or IC 3-12-9-4; or
(2) the governing body fails to act within thirty (30) days after any vacancy occurs;
the judge of the circuit court in the county where the majority of
registered voters of the school corporation reside shall make the
appointment.
(e) (d) A vacancy in the governing body occurs if a member ceases
to be a resident of any community school corporation. A vacancy does
not occur when the member moves from a district of the school
corporation from which the member was elected or appointed if the
member continues to be a resident of the school corporation.
(f) (e) At the first primary or general election in which members of
the governing body are elected:
(1) a simple majority of the candidates elected as members of the
governing body who receive the highest greatest number of votes
shall be elected for four (4) year terms; and
(2) the balance of the candidates elected as members of the
governing body receiving the next highest greatest number of
votes shall be elected for two (2) year terms.
Thereafter, all school board members shall be elected for four (4) year
terms.
(g) (f) Elected governing body members elected:
(1) in November take office and assume their duties on January
1 or July 1 after their election, as determined by the board of
school trustees before the election. and
(2) in May take office and assume their duties on July 1 after their
election.
(1) trustees; and
(2) members of school boards;
of the school corporations forming the metropolitan board of education.
(b) The members of the metropolitan board of education shall serve ex officio as members subject to the laws concerning length of terms, powers of election, or appointment and filling vacancies applicable to their respective offices.
(c) If a metropolitan school district is comprised of only two (2) board members, the two (2) members shall appoint a third board member not more than ten (10) days after the creation of the metropolitan school district. If the two (2) members are unable to agree on or do not make the appointment of a third board member within the ten (10) day period after the creation of the metropolitan school district, the third member shall be appointed not more than twenty (20) days after the creation of the metropolitan school district by the judge of the
circuit court of the county in which the metropolitan school district is
located. If the metropolitan school district is located in two (2) or more
counties, the judge of the circuit court of the county containing that part
of the metropolitan school district having more students than the part
or parts located in another county or counties shall appoint the third
member. The members of the metropolitan board of education serve
until their successors are elected or appointed and qualified.
(d) The first meeting of the first metropolitan board of education
shall be held not more than one (1) month after the creation of the
metropolitan school district. The first meeting shall be called by the
superintendent of schools, or township trustee of a school township, of
the school corporation in the district having the largest number of
students. At the first meeting, the board shall organize, and each year
during the first ten (10) days of each July after the board members
that are elected or appointed to a new term take office, the board
shall reorganize, by electing a president, a vice president, a secretary,
and a treasurer.
(e) The secretary of the board shall keep an accurate record of the
minutes of the metropolitan board of education, and the minutes shall
be kept in the superintendent's office. When a metropolitan school
district is formed, the metropolitan superintendent shall act as
administrator of the board and shall carry out the acts and duties as
designated by the board. A quorum consists of a majority of the
members of the board. A quorum is required for the transaction of
business. The vote of a majority of those present is required for a:
(1) motion;
(2) ordinance; or
(3) resolution;
to pass.
(f) The board shall conduct its affairs in the manner described in this
section. Except in unusual cases, the board shall hold its meetings at
the office of the metropolitan superintendent or at a place mutually
designated by the board and the superintendent. Board records are to
be maintained and board business is to be conducted from the office of
the metropolitan superintendent or a place designated by the board and
the superintendent.
(g) The metropolitan board of education shall have the power to pay
to a member of the board:
(1) a reasonable per diem for service on the board not to exceed
one hundred twenty-five dollars ($125) per year; and
(2) for travel to and from a member's home to the place of the
meeting within the district, a sum for mileage equal to the amount
per mile paid to state officers and employees. The rate per mile
shall change when the state government changes its rate per mile.
(b) Each nominee for the board must file a petition of nomination signed by the nominee and by ten (10) registered voters residing in the same board member district as the nominee. The petition must be filed in accordance with IC 3-8-2.5 with the circuit court clerk of each county in which the metropolitan school district is located.
(c) Nominees for the board shall be listed on the general election ballot:
(1) in the form prescribed by IC 3-11-2;
(2) by board member districts; and
(3) without party designation.
The ballot must state the number of board members to be voted on and the maximum number of members that may be elected from each board member district as provided under section 5 of this chapter. A ballot that contains more votes than the maximum number allowed from a board member district is invalid.
(d) The precinct election boards in each county serving at the general election shall conduct the election for school board members.
(e) Voting and tabulation of votes shall be conducted in accordance with IC 3, and the candidates who receive the most votes are elected to the board.
(f) If there are more candidates from a particular board member district than may be elected from the board member district under section 5 of this chapter:
(1) the number of candidates elected is the greatest number that may be elected from the board member district;
(2) the candidates elected are those who, among the candidates from the board member district, receive the most votes; and
(3) the other candidates from the board member district are eliminated.
(g) If there is a tie vote among the candidates for the board, the judge of the circuit court in the county where the majority of the registered voters of the metropolitan school district reside shall select one (1) of the candidates, who shall be declared and certified elected.
(h) If, at any time after the first board member election, a vacancy on the board occurs for any reason, including an insufficient number of petitions for candidates being filed, and regardless of whether the vacating member was elected or appointed, the remaining members of the board, whether or not a majority of the board, shall by a majority vote fill the vacancy by:
(1) appointing a person from the board member district from which the person who vacated the board was elected; or
(2) if the person was appointed, appointing a person from the board member district from which the last elected predecessor of the person was elected.
If a majority of the remaining members of the board is unable to agree or the board fails to act within thirty (30) days after a vacancy occurs, the judge of the circuit court in the county where the majority of registered voters of the metropolitan school district reside shall make the appointment.
(i) At a general election held on the earlier of:
(1) more than sixty (60) days after an elected board member vacates membership on the board; or
(2) immediately before the end of the term for which the vacating member was elected;
a successor to a board member appointed under subsection (h) shall be elected. Unless the successor takes office at the end of the term of the vacating member, the member shall serve only for the balance of the vacating member's term. In an election for a successor board member to fill a vacancy for a two (2) year balance of a term, candidates for board membership need not file for or with reference to the vacancy. However, as required by IC 3-11-2, candidates for at-large seats must be distinguished on the ballot from candidates for district seats. If there is more than one (1) at-large seat on the ballot due to this vacancy, the elected candidate who receives the fewest votes at the election at which the successor is elected shall serve a two (2) year term.
(j) At the first general election in which members of the board are elected under this section, the elected candidates who constitute a simple majority of the elected candidates and who receive the most votes shall be elected for four (4) year terms, and the other
elected candidates shall be elected for two (2) year terms.
(k) After the first general election referred to in subsection (j),
board members shall be elected for four (4) year terms and shall
take office January 1 following their election.
(b) As used in this section, "school township" means a school township in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township trustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the township trustee and the township board under subsection (g);
had an ADM of at least six hundred (600) students in kindergarten through grade 12 in the public schools of the school township; or
(2) is part of a township in which there were more votes cast for township trustee outside the school township than inside the school township in the general election at which the trustee was elected and that preceded the adoption of the preliminary or disapproving resolution.
(c) As used in this section, "township board" means the township board of a township in which the school township is located.
(d) As used in this section, "township trustee" means the township trustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may be created by complying with this section. A metropolitan school district created under this section shall have the same boundaries as the school township. After a district has been created under this section, the school township that preceded the metropolitan school district is abolished. The procedures or provisions governing the creation of a metropolitan school district under another section of this chapter do not apply to the creation of a district under this section. After a metropolitan school district is created under this section, the district shall, except as otherwise provided in this section, be governed by and operate in accordance with this chapter governing the operation of a metropolitan school district as established under section 2 of this chapter.
(f) Except as provided in subsection (g), a metropolitan school district provided for in subsection (e) may be created in the following
manner:
(1) The township trustee shall call a meeting of the township
board. At the meeting, the township trustee and a majority of the
township board shall adopt a resolution that a metropolitan school
district shall be created in the school township. The township
trustee shall then give notice:
(A) by two (2) publications one (1) week apart in a newspaper
of general circulation published in the school township; or
(B) if there is no newspaper as described in clause (A), in a
newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the
resolution.
(2) On the thirtieth day after the date of the last publication of the
notice under subdivision (1) and if a protest has not been filed, the
township trustee and a majority of the township board shall
confirm their preliminary resolution. If, however, on or before the
twenty-ninth day after the date of the last publication of the
notice, a number of registered voters of the school township,
equal to five percent (5%) or more of the number of votes cast in
the school township for secretary of state at the last preceding
general election for that office, sign and file with the township
trustee a petition requesting an election in the school township to
determine whether or not a metropolitan school district must be
created in the township in accordance with the preliminary
resolution, then an election must be held as provided in
subsection (h). The preliminary resolution and confirming
resolution provided in this subsection shall both be adopted at a
meeting of the township trustee and township board in which the
township trustee and each member of the township board received
or waived a written notice of the date, time, place, and purpose of
the meeting. The resolution and the proof of service or waiver of
the notice shall be made a part of the records of the township
board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for that
office, shall sign and file with the township trustee a petition
requesting the creation of a metropolitan school district under this
section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed as
provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the district.
(3) If either the township trustee or a majority of township board
members vote in favor of disapproving the resolution, an election
must be held to determine whether or not a metropolitan school
district shall be created in the school township in the same
manner as is provided in subsection (f) if an election is requested
by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or in
conjunction with a primary or general election to be held not more than
one hundred twenty (120) days after the filing of a petition under
subsection (f) or the adoption of the disapproving resolution under
subsection (g). The township trustee shall certify the question to the
county election board under IC 3-10-9-3 and give notice of an election:
(1) by two (2) publications one (1) week apart in a newspaper of
general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist, in
a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice, the
polls shall be opened at the usual voting places in the various precincts
in the school township for the purpose of taking the vote of the
registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more than
thirty (30) days after the last publication of the notice unless a primary
or general election will be conducted not more than six (6) months after
the publication. In that case, the county election board shall place the
public question on the ballot at the primary or general election. If the
election is to be a special election, the township trustee shall give
notice not more than thirty (30) days after the filing of the petition or
the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether a
metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this chapter.
The county election board shall conduct the election. The public
question shall be placed on the ballot in the form prescribed by
IC 3-10-9-4 and must state, "Shall a metropolitan school district under
IC 20-23-7 be formed in the ____________ School Township of
_____________ County, Indiana?". The name of the school township
shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in the
school township determined by the county election board. The
certificate of the votes cast for and against the creation of a
metropolitan school district shall be filed in the records of the township
board and recorded with the county recorder. If the special election is
not conducted at a primary or general election, the school township
shall pay the expense of holding the election out of the school general
fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this
chapter, be created on the thirtieth day after the date of the adoption of
the confirming resolution under subsection (f) or an election held under
subsection (h). If a public official fails to do the official's duty within
the time prescribed in this section, the failure does not invalidate the
proceedings taken under this section. An action to contest the validity
of the creation of a metropolitan school district under this section or to
enjoin the operation of a metropolitan school district may not be
instituted later than the thirtieth day following the date of the adoption
of the confirming resolution under subsection (f) or of the election held
under subsection (h). Except as provided in this section, an election
under this subsection may not be held sooner than twelve (12) months
after another election held under subsection (h).
(l) A metropolitan school district is known as "The Metropolitan
School District of ____________ Township, ____________ County,
Indiana". The first metropolitan board of education in a metropolitan
school district created under this section consists of five (5) members.
The township trustee and the township board members are ex officio
members of the first board, subject to the laws concerning length of
their respective terms of office, manner of election or appointment, and
the filling of vacancies applicable to their respective offices. The ex
officio members serve without compensation or reimbursement for
expenses, other than that which they may receive from their respective
offices. The township board shall, by a resolution recorded in its
records, appoint the fifth member of the metropolitan board of
education. The fifth member shall meet the qualifications of a member
of a metropolitan board of education under this chapter, with the
exception of the board member district requirements provided in
sections 4, 5, and 8 8.1 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen
(15) days after the date of the adoption of the confirming resolution
under subsection (f)(2) or an election held under subsection (h). The
first board shall hold its first meeting not more than fifteen (15) days
after the date when the fifth board member is appointed or elected, on
a date established by the township board in the resolution in which it
appoints the fifth board member. The first board shall serve until July
1 January 1 following the election of a metropolitan school board at
the first primary general election held more than sixty (60) days
following the creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under this
section, the president of the metropolitan school board of the district
shall serve as a member of the county board of education and perform
the duties on the county board of education that were previously
performed by the township trustee. The metropolitan school board and
superintendent of the district may call upon the assistance of and use
the services provided by the county superintendent of schools. This
subsection does not limit or take away the powers, rights, privileges, or
duties of the metropolitan school district or the board or superintendent
of the district provided in this chapter.
(1) The number of members of the governing body, which shall be:
(A) three (3);
(B) five (5); or
(C) seven (7);
members.
(2) Whether the governing board shall be elected or appointed.
(3) If appointed, when and by whom, and a general description of the manner of appointment that conforms with the requirements of IC 20-23-4-28.
(4) A provision that the members of an elected governing board shall be elected at the general election at which county officials are elected.
(5) The limitations on:
(A) residence;
(B) term of office; and
(C) other qualifications;
required by members of the governing body.
(6) The time the plan takes effect.
A plan or proposed plan may have additional details to make the provisions of the plan workable. The details may include provisions relating to the commencement or length of terms of office of the members of the governing body taking office under the plan.
(b) Except as provided in subsection (a)(1), in a city having a population of more than fifty-nine thousand seven hundred (59,700) but less than sixty-five thousand (65,000), the governing body described in a plan may have up to nine (9) members.
(b) Until the first election under subsection (a), the board of trustees of the merged school corporation consists of:
(1) the members of the governing body of a school corporation in the county other than a school township; and
(2) the township trustee of a school township in the county.
(c) The first board of trustees shall select the name of the merged school corporation by a majority vote. The name may be changed by unanimous vote of the governing body of the merged school corporation.
JULY 1, 2010]: Sec. 3. (a) The governing body of the school
corporation consists of seven (7) members elected as follows:
(1) On a nonpartisan basis.
(2) In a primary general election held in the county.
(b) Six (6) of the members shall be elected from the school districts
drawn under section 4 of this chapter. Each member:
(1) is elected from the school district in which the member
resides; and
(2) upon election and in conducting the business of the governing
body, represents the interests of the entire school corporation.
(c) One (1) of the members elected:
(1) is the at-large member of the governing body;
(2) may reside in any of the districts drawn under section 4 of this
chapter; and
(3) upon election and in conducting the business of the governing
body, represents the interests of the entire school corporation.
(1) Three (3) of the members elected under section 3(b) of this chapter are elected at the
(2) Three (3) of the members elected under section 3(b) of this chapter are elected at the
(3) The at-large member elected under section 3(c) of this chapter is elected at the
(1) has a population of more than seventy-five thousand (75,000)
but less than ninety thousand (90,000); and
(2) is the successor in interest to a school city having the same
population;
the governing body consists of a board of trustees of five (5) members
elected in the manner provided in this chapter.
(b) At the 2008 primary election and at each primary election every
four (4) years thereafter, there shall be elected in each school
corporation covered by this chapter two (2) governing body members,
each of whom shall serve for four (4) years. The two (2) candidates for
the office of school trustee receiving the highest number of votes at the
election take office on July 1 next following the election.
(c) At the 2006 primary election and at each primary election every
four (4) years thereafter, there shall be elected in each school city
covered by this chapter three (3) governing body members, each of
whom shall serve for four (4) years. The three (3) candidates for the
office of school trustee receiving the highest number of votes at the
election take office on July 1 next following the election.
(d) (b) The governing body members shall be elected at the times
provided and shall succeed the retiring members in the order and
manner as set forth in this section. chapter.
(b) The voters of the school corporation shall elect the members of the governing body at a general election for a term of four (4) years. The members shall be elected from the city at large without reference to district.
(c) Each candidate for election to the governing body must file a petition of nomination with the county election board in each county in which a school corporation subject to this chapter is located. The petition of nomination must comply with IC 3-8-2.5 and the following requirements:
(1) The petition must be signed by at least two hundred (200) legal voters of the school corporation.
(2) Each petition may nominate only one (1) candidate.
(3) The number of petitions signed by a legal voter may not exceed the number of school trustees to be elected.
(d) After all the petitions described in subsection (c) are filed with the county election board, the board shall publish the names of those nominated in accordance with IC 5-3-1 and shall certify
the nominations in the manner required by law. IC 3 governs the
election to the extent that it is not inconsistent with this chapter.
(e) The county election board shall prepare the ballot for the
general election at which members of the governing body are to be
elected so that the names of the candidates nominated appear on
the ballot:
(1) in alphabetical order;
(2) without party designation; and
(3) in the form prescribed by IC 3-11-2.
(f) The county election board shall not publish or place on the
ballot the name of a candidate who is not eligible under this
chapter for membership on the governing body.
(g) Each voter may vote for as many candidates as there are
members of the governing body to be elected.
(1) IC 20-23-4-27;
(2) IC 20-23-4-29.1;
(3) IC 20-23-4-30; and
(4) IC 20-23-4-31;
but this chapter prevails over any conflicting provisions of IC 20-23-4 relating to any school corporation.
(1) Each prospective candidate must file a petition of nomination
(A) The name of the prospective candidate.
(B) Whether the prospective candidate is a district candidate or an at-large candidate.
(C) A certification that the prospective candidate meets the qualifications for candidacy imposed under this chapter.
(D) The signatures of at least one hundred (100) registered voters residing in the school corporation.
(2) Each prospective candidate for a district position must:
(A) reside in the district; and
(B) have resided in the district for at least the three (3) years immediately preceding the election.
(3) Each prospective candidate for an at-large position must:
(A) reside in the school corporation; and
(B) have resided in the school corporation for at least the three (3) years immediately preceding the election.
(4) Each prospective candidate (regardless of whether the candidate is a district candidate or an at-large candidate) must:
(A) be a registered voter;
(B) have been a registered voter for at least the three (3) years immediately preceding the election; and
(C) be a high school graduate or have received a:
(i) high school equivalency certificate; or
(ii) state general educational development (GED) diploma under IC 20-20-6.
(5) A prospective candidate may not:
(A) hold any other elective or appointive office; or
(B) have a pecuniary interest in any contract with the school corporation or its governing body;
as prohibited by law.
(b) The term of each person elected to serve on the governing body begins on the
(1) Three (3) of the members are elected at the
(2) Two (2) of the members are elected at the
[EFFECTIVE JULY 1, 2010]: Sec. 4. (a) The board consists of seven
(7) members. A member:
(1) must be elected on a nonpartisan basis in primary general
elections held in the county as specified in this section; and
(2) serves a four (4) year term.
(b) Five (5) members shall be elected from the school board districts
in which the members reside, and two (2) members must be elected at
large. Not more than two (2) of the members who serve on the board
may reside in the same school board district.
(c) If a candidate runs for one (1) of the district positions on the
board, only eligible voters residing in the candidate's district may vote
for that candidate. If a person is a candidate for one (1) of the at-large
positions, eligible voters from all the districts may vote for that
candidate.
(d) If a candidate files to run for a position on the board, the
candidate must specify whether the candidate is running for a district
or an at-large position.
(e) A candidate who runs for a district or an at-large position wins
if the candidate receives the greatest number of votes of all the
candidates for the position.
(f) Districts shall be established within the school city by the state
board. The districts must be drawn on the basis of precinct lines, and
as nearly as practicable, of equal population with the population of the
largest district not to exceed the population of the smallest district by
more than five percent (5%). District lines must not cross precinct
lines. The state board shall establish:
(1) balloting procedures for the election under IC 3; and
(2) other procedures required to implement this section.
(g) A member of the board serves under section 3 of this chapter.
(h) In accordance with subsection (k), a vacancy in the board shall
be filled temporarily by the board as soon as practicable after the
vacancy occurs. The member chosen by the board to fill a vacancy
holds office until the member's successor is elected and qualified. The
successor shall be elected at the next regular school board election
occurring after the date on which the vacancy occurs. The successor
fills the vacancy for the remainder of the term.
(i) An individual elected to serve on the board begins the
individual's term on July 1 of the year of January 1 immediately
following the individual's election.
(j) Notwithstanding any law to the contrary, each voter must cast a
vote for a school board candidate or school board candidates by voting
system or paper ballot. However, the same method used to cast votes
for all other offices for which candidates have qualified to be on the
election ballot must be used for the board offices.
(k) If a vacancy in the board exists because of the death of a
member, the remaining members of the board shall meet and select an
individual to fill the vacancy in accordance with subsection (h) after
the secretary of the board receives notice of the death under IC 5-8-6.
(1) Ensure that the court operates efficiently and judicially under rules adopted by the court.
(2) Annually submit to the fiscal body of Monroe County a budget for the court, including amounts necessary for:
(A) the operation of the circuit's probation department;
(B) the defense of indigents; and
(C) maintaining an adequate law library.
(3) Make the appointments or selections required of a circuit or superior court judge under the following statutes:
IC 8-4-21-2
IC 11-12-2-2
IC 16-22-2-4
IC 16-22-2-11
IC 16-22-7
IC 20-23-4
IC 20-23-7-6
IC 20-26-7-8
IC 20-26-7-14
IC 20-47-2-15
IC 20-47-3-13
IC 36-9
IC 36-10
IC 36-12-10-10.
(4) Make appointments or selections required of a circuit or superior court judge by any other statute, if the appointment or selection is not required of the court because of an action before the court.
fourth year after that, every year before a presidential election year,
a second or third class city or a town may by ordinance establish or
abolish a city or town court. An ordinance to establish a city or town
court must be adopted not less than one (1) year before the judge's term
would begin under section 3 of this chapter.
(b) The judge for a court established under subsection (a) shall be
elected under IC 3-10-6 or IC 3-10-7 at the municipal election in
November 2007 2011 and every four (4) years thereafter. after 2011,
as provided in IC 3-10-7.5.
(c) A court established under subsection (a) comes into existence on
January 1 of the year following the year in which a judge is elected to
serve in that court.
(d) A city or town court in existence on January 1, 1986, may
continue in operation until it is abolished by ordinance.
(e) A city or town that establishes or abolishes a court under this
section shall give notice of its action to the division of state court
administration of the office of judicial administration under IC 33-24-6.
(1) IC 3-10-6 or IC 3-10-7 before January 1, 2012; and
(2) IC 3-10-7.5 after December 31, 2011;
by the voters of the city or town.
(b) Except as provided in subsections (c) and (d), the term of office of a judge elected under this section is four (4) years, beginning at noon January 1 after election and continuing until a successor is elected and qualified.
(c) This subsection applies to a town that adopts an ordinance under IC 3-10-6-2.6. The term of office of:
(1) a judge elected at the next municipal election not conducted in a general election year is one (1) year; and
(2) the successors to the judge described in subdivision (1) is four (4) years;
beginning at noon January 1 after election and continuing until a successor is elected and qualified. This subsection expires January 1, 2012.
(d) This subsection applies to a town that adopts an ordinance under IC 3-10-7-2.7. The term of office of:
(1) a judge elected at the next municipal election not conducted in a general election year is three (3) years; and
(2) the successors to the judge described in subdivision (1) is four (4) years;
beginning noon January 1 after election and continuing until a successor is elected and qualified. This subsection expires January 1, 2012.
(e) Before beginning the duties of office, the judge shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the duties of office.
(1) board of commissioners, for a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(1) board of county commissioners, for a county not subject to IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1;
(2) county council, for a county subject to IC 36-2-2.5 or IC 36-2-3.5;
(3) city-county council, for a consolidated city or county having a consolidated city;
(4) common council, for a city other than a consolidated city;
(5) town council, for a town;
(6) township board, for a township;
(7) governing body of any other political subdivision that has a governing body; or
(8) chief executive officer of any other political subdivision that does not have a governing body.
year" has the meaning set forth in IC 3-5-2-33.3.
(b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either:
(1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific manner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as follows:
(1) In a municipality, by the legislative body of the municipality.
(2) In a county subject to IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1, by the legislative body of the county.
(3) In any other county, by the executive of the county.
(d) A resolution under subsection (b)(2) must be adopted by the legislative body of the township.
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Subject to IC 3-5-9, an employee of a political subdivision may:
(1) be a candidate for any elected office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.
Chapter 20. Employment of Relatives
Sec. 1. This section does not apply to the following:
(1) An individual who is a contractor or employed by a contractor for the design or construction of a public works project.
(2) An individual who is a vendor or employed by a vendor for a purchase of supplies.
(3) An individual who is a vendor or employed by a vendor for a purchase of mowing services or property maintenance services.
(4) An individual who is a member of a paid fire department or a volunteer fire department that renders fire protection services to the township.
Sec. 2. (a) As used in this chapter, "relative" means any of the following:
(1) A husband.
(2) A wife.
(3) A father, grandfather, or stepfather.
(4) A mother, grandmother, or stepmother.
(5) A son, grandson, stepson, or son-in-law.
(6) A daughter, granddaughter, stepdaughter, or daughter-in-law.
(7) A brother or stepbrother.
(8) A sister or stepsister.
(9) An aunt.
(10) An uncle.
(11) A niece.
(12) A nephew.
(13) A first cousin.
(b) A relative by adoption, half-blood, marriage, or remarriage is considered a relative of whole kinship.
Sec. 3. An individual who is a relative of an officer or employee of a political subdivision may not be employed by the political subdivision in a position in which the individual would have a direct supervisory or subordinate relationship with the officer or employee who is the individual's relative.
Sec. 4. An employee of a political subdivision who marries another employee or officer may not continue to be employed in the same position the employee held before the marriage if the employee would have a direct supervisory or subordinate relationship with the employee's spouse.
Sec. 5. This chapter does not require the termination or reassignment of an employee of a political subdivision from any
position held by that individual before July 1, 2010.
(1) of the members of a governing body or officers that are elected by the voters for a reorganized political subdivision that:
(A) is a town; and
(B) has town boundaries that encompass part of another town that was part of the reorganization;
(2) that is conducted before the reorganization takes effect; and
(3) to which IC 3-10-7-1 applies.
(b) The members of each precinct board shall be jointly appointed by the town election boards of each of the reorganizing political subdivisions.
(c) This section expires January 1, 2012.
(b) At the next:
(1) general election;
after the voters approve a reorganization, one (1) set of officers for the reorganized political subdivision having the combined population of the reorganizing political subdivisions shall be elected by the voters in the territory of the reorganized political subdivision as prescribed by statute.
(c) In the election described in subsection (b):
(1) one (1) member of the legislative body of the reorganized political subdivision shall be elected from each election district established by the reorganizing political subdivisions in substantially identical resolutions adopted by the legislative body of each of the reorganizing political subdivisions; and
(2) the total number of at-large members shall be elected as prescribed by statute for the reorganized political subdivision.
(d) If appointed officers are required in the reorganized political
subdivision, one (1) set of appointed officers shall be appointed for the
reorganized political subdivision. The appointments shall be made as
required by statute for the reorganized political subdivision. Any
statute requiring an appointed officer to reside in the political
subdivision where the appointed officer resides shall be treated as
permitting the appointed officer to reside in any part of the territory of
the reorganized political subdivision.
(1) A county having a consolidated city.
(2) A county in which a county chief executive officer has been elected under IC 36-2-2.5.
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The executive shall divide the county into three (3) districts that are composed of contiguous territory and are reasonably compact. The district boundaries drawn by the executive must not cross precinct boundary lines and must divide townships only when a division is clearly necessary to accomplish redistricting under this section. If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts.
(b) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). A county redistricting commission shall divide the county into three (3) single-member districts that comply with subsection (d). The commission is composed of:
(1) the members of the Indiana election commission;
(2) two (2) members of the senate selected by the president pro tempore, one (1) from each political party; and
(3) two (2) members of the house of representatives selected by the speaker, one (1) from each political party.
The legislative members of the commission have no vote and may act only in an advisory capacity. A majority vote of the voting members is required for the commission to take action. The commission may meet
as frequently as necessary to perform its duty under this subsection.
The commission's members serve without additional compensation
above that provided for them as members of the Indiana election
commission, the senate, or the house of representatives. If a county to
which this subsection applies adopts a county government
structure in which a chief executive officer is elected under
IC 36-2-2.5, the county redistricting commission under this
subsection is not abolished and continues in existence for purposes
of dividing, as necessary, the county into county council districts.
(c) This subsection applies to a county having a population of more
than two hundred thousand (200,000) but less than three hundred
thousand (300,000). The executive shall divide the county into three
(3) single-member districts that comply with subsection (d).
(d) Single-member districts established under subsection (b) or (c)
must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) not cross precinct lines.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county adopts an order declaring a county boundary
to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).
Chapter 2.4. Determination of County Government Structure
Sec. 1. This chapter does not apply to a county having a consolidated city.
Sec. 2. The legislative body of a county may adopt an ordinance providing that the voters of the county shall elect:
(1) a single county chief executive officer under IC 36-2-2.5 who has the executive powers and duties of the county; and
(2) a county council that has the legislative and fiscal powers and duties of the county.
Sec. 3. An ordinance may be adopted under this chapter only:
(1) during an odd-numbered year; or
(2) before July 1 of an even-numbered year.
Chapter 2.5. County Chief Executive Officer
Sec. 1. Except as specifically provided by law, this chapter applies to each county:
(1) that does not have a consolidated city; and
(2) in which an ordinance under IC 36-2-2.4 making the county executive a single county chief executive officer has been approved.
Sec. 2. As used in this chapter, "chief executive officer" means the county chief executive officer elected under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county:
(A) shall elect one (1) chief executive officer in the second general election after the ordinance under IC 36-2-2.4 is approved and every four (4) years thereafter; and
(B) beginning with the second general election after the ordinance under IC 36-2-2.4 is approved, shall not elect a board of county commissioners;
(2) the board of county commissioners for the county is abolished January 1 of the year following the year in which the first county chief executive officer is elected; and
(3) notwithstanding IC 36-2-2-3, the term of each county commissioner serving on December 31 of the year in which the first county chief executive officer is elected expires January 1 of the year following the year in which the first county chief executive officer is elected.
Sec. 4. (a) The term of office of a chief executive officer is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
(b) To be eligible for election as the chief executive officer, an individual must meet the qualifications prescribed by IC 3-8-1-21. If an individual does not remain a resident of the county after taking office as the chief executive officer, the individual forfeits the office. The county legislative body shall declare the office vacant whenever the chief executive officer forfeits office under this subsection.
Sec. 5. (a) On January 1 following the year in which the first county chief executive officer is elected, all of the property, assets, funds, equipment, records, rights, contracts, obligations, and liabilities of the board of county commissioners of a county are
transferred to or assumed by the chief executive officer.
(b) The abolishment of the board of county commissioners of a
county on January 1 following the year in which the first county
chief executive officer is elected does not invalidate:
(1) any ordinances, resolutions, fees, schedules, or other
actions adopted or taken by the board of county
commissioners before the board is abolished; or
(2) any appointments made by the board of county
commissioners before the board is abolished.
Sec. 6. (a) All powers and duties of the county that are executive
or administrative in nature shall be exercised or performed by the
chief executive officer, except to the extent that these powers and
duties are expressly assigned by law to another elected or
appointed officer. The chief executive officer shall transact the
business of the county in the name of "The Chief Executive Officer
of the County of ________".
(b) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
to the board of commissioners pertaining to the executive powers
of a county shall be considered a reference to the chief executive
officer of the county.
(c) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
related to the executive powers and duties of the board of county
commissioners shall be considered a reference to the powers and
duties of the chief executive officer of the county.
(d) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, the county council has the legislative and fiscal
powers and duties of the county as provided in IC 36-2-3.7.
Sec. 7. The chief executive officer shall do the following:
(1) Report on the condition of the county before March 1 of each year to the county legislative body and to the residents of the county.
(2) Recommend before March 1 of each year to the county legislative body any action or program the chief executive officer considers necessary for the improvement of the county and the welfare of county residents.
(3) Submit to the county legislative body an annual budget in accordance with IC 36-2-5.
(4) Establish the procedures to be followed by all county departments, offices, and agencies under the chief executive officer's jurisdiction to the extent these procedures are not expressly assigned by law to another elected or appointed officer.
(5) Administer all statutes, ordinances, and regulations applicable to the county, to the extent the administration of these matters is not expressly assigned by law to another elected or appointed officer.
(6) Supervise the care and custody of all county property.
(7) Supervise the collection of revenues and control all disbursements and expenditures, and prepare a complete account of all expenditures, to the extent these matters are not expressly assigned by law to another elected or appointed officer.
(8) Review, analyze, and forecast trends for county services and finances and programs of all county governmental entities, and report and recommend on these to the county legislative body by March 15 of each year.
(9) Negotiate contracts for the county.
(10) Make recommendations concerning the nature and location of county improvements, and provide for the execution of those improvements.
(11) Supervise county administrative offices, except for the offices of elected officers.
(12) Do the following in January of each year:
(A) Make a settlement with the county treasurer for the preceding calendar year and include a copy of the settlement sheet in the order book of the chief executive officer.
(B) Make an accurate statement of the county's receipts and expenditures during the preceding calendar year. The
statement must include the name of and total
compensation paid to each county officer, deputy, and
employee. The executive shall post this statement at the
courthouse door and two (2) other places in the county and
shall publish it in the manner prescribed by IC 5-3-1.
(13) Perform other duties and functions that are assigned to
the chief executive officer by statute or ordinance.
Sec. 8. The chief executive officer may do any of the following:
(1) Order any department, office, or agency under the chief
executive officer's jurisdiction to undertake any task for
another department, office, or agency under the chief
executive officer's jurisdiction on a temporary basis, if
necessary for the proper and efficient administration of
county government.
(2) Establish and administer centralized budgeting,
centralized personnel selection, and centralized purchasing.
(3) Audit the accounts of officers who deal with money
belonging to or appropriated for the benefit of the county.
(4) Approve accounts chargeable against the county and
direct the raising of money necessary for county expenses.
(5) Make orders concerning county property, including orders
for:
(A) the sale of the county's public buildings and the
acquisition of land in the county seat on which to build new
public buildings; and
(B) the acquisition of land for a public square and the
maintenance of that square.
However, a conveyance or purchase by a county of land
having a value of one thousand dollars ($1,000) or more must
be authorized by an ordinance of the county legislative body
fixing the terms and conditions of the transaction.
Sec. 9. (a) The chief executive officer shall establish and
maintain a county courthouse, county jail, and public offices for
the county clerk, the county auditor, the county recorder, the
county treasurer, the county sheriff, and the county surveyor.
(b) Offices for the surveyor must be in the courthouse or at the
county seat.
(c) Offices for the sheriff may be located:
(1) in the courthouse;
(2) inside the corporate limits of the county seat; or
(3) outside the corporate limits of the county seat but within
the limits of the county.
Sec. 10. (a) The chief executive officer may grant licenses, permits, or franchises for the use of county property if the licenses, permits, or franchises:
(1) are not exclusive;
(2) are of a definite duration; and
(3) are assignable only with the consent of the chief executive officer.
(b) If a public utility or municipally owned or operated utility that carries on business outside the corporate boundaries of municipalities in the county is engaged in an activity substantially similar to that for which a license, permit, or franchise for the use of county property is sought, the chief executive officer may grant the license, permit, or franchise only with the consent of the utility regulatory commission. The commission may give its consent only if it determines, after a public hearing of all interested parties, that public necessity and convenience require the substantially similar activity.
(c) The provisions of this section that concern securing the consent of the utility regulatory commission do not apply to municipally owned or operated utilities.
Sec. 11. Notwithstanding any other law, if a statute requires a county executive to take an executive action by ordinance or resolution, a chief executive officer shall instead take the action by issuing an executive order.
Sec. 12. (a) If the chief executive officer is disqualified from acting in a quasi-judicial proceeding, the chief executive officer shall cease to act in that proceeding. Not later than ten (10) days after the finding that the chief executive officer is disqualified to act in a proceeding, the county auditor shall send a certified copy of the record of the proceeding to the judge of the circuit court for the county. If the judge affirms the disqualification of the chief executive officer, the judge shall appoint a disinterested and competent person to serve as a special executive in the proceeding.
(b) A person who consents to serve as a special executive must have the same qualifications as an elected chief executive officer. The person's appointment and oath shall be filed with the county auditor and entered on the records of the chief executive officer. A person appointed as a special executive may conduct the proceeding until a final determination is reached.
Sec. 13. The chief executive officer shall keep the chief executive officer's office open on each business day.
Sec. 14. Appointments made by the chief executive officer shall
be certified by the county auditor, under the seal of the chief
executive officer.
Sec. 15. (a) The chief executive officer may employ a person:
(1) to perform a duty required of a county officer by statute;
or
(2) on a commission or percentage basis;
only if the employment is expressly authorized by statute or is
found by the chief executive officer to be necessary to the public
interest.
(b) If a person's employment under subsection (a) is not
expressly authorized by statute, the contract for the person's
employment must be filed with the circuit court for the county, and
the person must file the person's claims for compensation with that
court. Any taxpayer may contest a claim under this section.
(c) A chief executive officer who recklessly violates this section
commits a Class C misdemeanor and forfeits the person's office.
Sec. 16. The chief executive officer shall appear before the
legislative body of the county at least once each month and at other
times as needed to conduct all necessary county business.
Sec. 17. (a) A party to a proceeding before the chief executive
officer who is aggrieved by a decision of the chief executive officer
may appeal that decision to the circuit court for the county.
(b) A person who is not a party to a proceeding before the chief
executive officer may appeal a decision of the chief executive
officer only if the person files with the county auditor an affidavit:
(1) specifically setting forth the person's interest in the matter
decided; and
(2) alleging that the person is aggrieved by the decision of the
chief executive officer.
(c) An appeal under this section must be taken not later than
thirty (30) days after the chief executive officer makes the decision
by which the appellant is aggrieved.
(d) An appellant under this section must file with the county
auditor a bond conditioned on due prosecution of the appeal. The
bond is subject to approval by the county auditor and must be in
an amount sufficient to provide security for court costs.
(e) Not later than twenty (20) days after the county auditor
receives the appeal bond, the county auditor shall prepare a
complete transcript of the proceedings of the chief executive officer
related to the decision appealed from and shall deliver the
transcript, all documents filed during the proceedings, and the
appeal bond to the clerk of the circuit court.
Sec. 18. (a) An appeal under section 17 of this chapter shall be
docketed among the other causes pending in the circuit court and
shall be tried as an original cause.
(b) A court may decide an appeal under section 17 of this
chapter by:
(1) affirming the decision of the chief executive officer; or
(2) remanding the cause to the chief executive officer with
directions as to how to proceed;
and may require the chief executive officer to comply with this
decision.
Sec. 19. (a) The county auditor or the chief executive officer may
administer any oaths required by this chapter.
(b) The county sheriff or a county police officer shall attend the
meetings of the chief executive officer, if requested by the chief
executive officer, and shall execute the chief executive officer's
orders.
Sec. 20. (a) Appointments made by the chief executive officer
shall be certified by the county auditor, under the seal of the chief
executive officer.
(b) If a copy of the chief executive officer's proceedings has been
signed and sealed by the county auditor and introduced into
evidence in court, that copy is presumed to be an accurate record
of the chief executive officer's proceedings.
Sec. 21. If publication of a notice, report, or statement of any
kind is required and a county is liable for the cost of that
publication, the chief executive officer may not make or pay for
publication in more than one (1) newspaper unless publication in
two (2) newspapers is required. A person who violates this section
commits a Class C infraction.
Sec. 22. (a) The chief executive officer may employ and fix the
compensation of an attorney to represent and advise the executive.
(b) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, employment by a chief executive officer as an
attorney does not constitute a lucrative office.
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The county executive shall by ordinance or, in a county subject to IC 36-2-2.5, by resolution divide the county into four (4) contiguous, single-member districts that comply with subsection (d). If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts. One (1) member of the fiscal body shall be elected by the voters of each of the four (4) districts. Three (3) at-large members of the fiscal body shall be elected by the voters of the whole county.
(b) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). The county redistricting commission established under IC 36-2-2-4 shall divide the county into seven (7) single-member districts that comply with subsection (d). One (1) member of the fiscal body shall be elected by the voters of each of these seven (7) single-member districts.
(c) This subsection applies to a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000). The fiscal body shall divide the county into nine (9) single-member districts that comply with subsection (d). Three (3) of these districts must be contained within each of the three (3) districts established under IC 36-2-2-4(c). One (1) member of the fiscal body shall be elected by the voters of each of these nine (9) single-member districts.
(d) Single-member districts established under subsection (a), (b), or (c) must:
(1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);
(2) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population; and
(4) include whole townships, except when a division is clearly necessary to accomplish redistricting under this section.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial census is conducted; and
(2) when the county executive adopts an order declaring a county boundary to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any odd-numbered year not described in subsection (e).
(1) a county having a population of:
(A) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(B) more than two hundred thousand (200,000) but less than three hundred thousand (300,000); and
(2) any other county not having a consolidated city, if both the county executive and the county fiscal body adopt identical ordinances providing for the county to be governed by this chapter beginning on a specified effective date.
(b) Except as provided in section 6(c) of this chapter, this chapter does not apply to a county beginning after December 31 of the year in which a chief executive officer is first elected under IC 36-2-2.5.
(b) Final judgment on the merits in such a case shall be made within thirty (30) days of the stay of election order. If the redistricting is found not to be in compliance with law, the court shall retain jurisdiction and shall order the proper officials to submit within thirty (30) days a redistricting plan complying with law. If the proper officials fail to comply with the order, the court shall order the Indiana election commission to divide the county into districts in compliance with law.
(c) If this chapter applied to a county at the time a chief executive officer is first elected under IC 36-2-2.5, this section continues to apply to the county after the election of the chief executive officer.
Chapter 3.7. County Council as the County Legislative Body
Sec. 1. Except as specifically provided by law, this chapter applies to each county:
(1) that does not have a consolidated city; and
(2) in which an ordinance under IC 36-2-2.4 making the county executive a single county chief executive officer has been approved.
Sec. 2. As used in this chapter, "chief executive officer" means
the county chief executive officer elected under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county shall continue to elect members of
the county council; and
(2) beginning on January 1 following the year in which the
first county chief executive officer is elected:
(A) the executive and legislative powers of the county are
divided between separate branches of county government,
and a power belonging to one (1) branch of county
government may not be exercised by the other branch of
county government;
(B) the county council is the county legislative body as well
as the county fiscal body; and
(C) the chief executive officer is the county executive of the
county and has the executive and administrative powers
and duties of the county as provided in IC 36-2-2.5.
Sec. 4. (a) All powers and duties of the county that are legislative
in nature shall be exercised or performed by the county council
functioning as the county legislative body.
(b) The county council has the same legislative powers and
duties that the board of county commissioners in the county had
before the board of county commissioners was abolished.
(c) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
to the board of commissioners pertaining to the legislative powers
of a county shall be considered a reference to the county council of
the county.
(d) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
related to the legislative powers and duties of the board of county
commissioners shall be considered a reference to the powers and
duties of the county council of the county.
Sec. 5. The county council may do any of the following:
(1) Establish committees that are necessary to carry out the
county council's functions.
(2) Employ legal and administrative personnel necessary to
carry out the county council's functions.
(3) Pass all ordinances, orders, resolutions, and motions for
the government of the county, in the manner prescribed by
IC 36-2-4.
(4) Receive gifts, bequests, and grants from public or private
sources.
(5) Conduct investigations into the conduct of county business
for the purpose of correcting deficiencies and ensuring
adherence to law and county ordinances and policies.
(6) Establish, by ordinance, new county departments,
divisions, or agencies whenever necessary to promote efficient
county government.
(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published once each week for two (2) consecutive weeks, according to IC 5-3-1. However, if such an ordinance is adopted by the legislative body of a county subject to IC 36-2-3.5 or IC 36-2-3.7 and there is an urgent necessity requiring its immediate effectiveness, it need not be published if:
(1) the county executive proclaims the urgent necessity; and
(2) copies of the ordinance are posted in three (3) public places in each of the districts of the county before it takes effect.
(c) The following apply in addition to the other requirements of this section:
(1) An ordinance or resolution passed by the legislative body of a county subject to IC 36-2-3.5 is considered adopted only if it is:
(A) approved by signature of a majority of the county executive;
(B) neither approved nor vetoed by a majority of the executive, within ten (10) days after passage by the legislative body; or
(C) passed over the veto of the executive by a two-thirds (2/3)
vote of the legislative body, within sixty (60) days after
presentation of the ordinance or resolution to the executive.
(2) The legislative body of a county shall:
(A) subject to subdivision (3), give written notice to the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(B) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive
ordinance.
(3) Upon written request by the legislative body, the department
of environmental management may waive the notice requirement
of subdivision (2)(A).
(4) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice
requirements of subdivision (2).
(5) The failure of an environmental restrictive ordinance to
comply with subdivision (4) does not void the ordinance.
(d) After an ordinance or resolution passed by the legislative body
of a county subject to IC 36-2-3.5 has been signed by the presiding
officer, the county auditor shall present it to the county executive, and
record the time of the presentation. Within ten (10) days after an
ordinance or resolution is presented to it, the executive shall:
(1) approve the ordinance or resolution, by signature of a majority
of the executive, and send the legislative body a message
announcing its approval; or
(2) veto the ordinance or resolution, by returning it to the
legislative body with a message announcing its veto and stating
its reasons for the veto.
(e) This section does not apply to a zoning ordinance or amendment
to a zoning ordinance, or a resolution approving a comprehensive plan,
that is adopted under IC 36-7.
(f) An ordinance increasing a building permit fee on new
development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is
adopted by the legislative body in accordance with IC 5-3-1;
and
(2) delay the implementation of the fee increase for ninety (90)
days after the date the ordinance is published under subdivision
(1).
(1) IC 3-10-6 before January 1, 2012; and
(2) IC 3-10-7.5 after December 31, 2011;
by the voters of the whole county.
(b) To be eligible to serve as the executive, a person must meet the qualifications prescribed by IC 3-8-1-24.
(c) The term of office of an executive is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
(b) The board of commissioners:
(1) shall make the appointments required by statute to be made by the board of commissioners of a county;
(2) shall perform the duties and exercise the powers prescribed by statutes pertaining to the issuance and payment of bonds of the county and the expenditure of the unexpended proceeds of those bonds; and
(3) may exercise the powers granted it by Article 9, Section 3 of the Constitution of the State of Indiana and by IC 12-30-3.
(c) Notwithstanding any other provision, an act enacted by the general assembly during the second regular session of the one hundred sixteenth general assembly to allow for a single elected county chief executive officer under IC 36-2-2.5 in counties not containing a consolidated city does not affect the rights, powers, and duties of the board of commissioners in a county containing a consolidated city.
(1) IC 3-10-6 before January 1, 2012; and
(2) IC 3-10-7.5 after December 31, 2011;
by the voters of the county.
(b) To be eligible to serve as a member of the legislative body, a person must meet the qualifications prescribed by IC 3-8-1-25.
(c) A member of the legislative body must reside within:
(1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
(2) the district from which the member was elected, if applicable.
(d) A vacancy in the legislative body occurs whenever a member:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the county or district from which the member was elected; or
(3) is incapacitated to the extent that the member is unable to perform the member's duties for more than six (6) months.
(e) The vacancy shall be filled under IC 3-13-8.
(f) The term of office of a member of the legislative body is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
(b) The membership of a city legislative body remains unchanged until the expiration of the terms of its members, despite a change in the classification of the city for any reason. At the
(b) If a resolution is adopted under section 2 of this chapter, the town legislative body shall adopt an ordinance providing for the transition from governance as a town to governance as a city. The ordinance adopted under this section must include the following details:
(1) A division of the town into city legislative body districts as
provided in the applicable provisions of IC 36-4-6.
(2) Provisions for the election of the following officers:
(A) The city executive.
(B) The members of the city legislative body.
(C) The city clerk or city clerk-treasurer as appropriate under
IC 36-4-10.
(3) The date of the first election of the city officers. The first
election may be held only on the date of a general election. or a
municipal election. Candidates for election to the city offices shall
be nominated:
(A) at the corresponding primary election during a general
election year; or a municipal election year; or
(B) as otherwise provided in IC 3.
(4) Subject to section 4 of this chapter, the term of office of each
city officer elected at the first election of city officers.
(5) Any other details the town legislative body considers useful in
providing for the transition of the town into a city.
(c) An ordinance adopted under this section is effective only if the
voters of the town approve the conversion of the town into a city under
section 2(6) of this chapter.
(d) The provisions of an ordinance adopted under this section are
subject to all other laws governing the structure of city government.
(e) Subject to this chapter, the town legislative body or the city
legislative body (after the town is changed into a city) may amend an
ordinance adopted under this section.
(1) begins on January 1 after the first election of city officers; and
(2) may not extend after December 31 of the next
(b) The ordinance adopted under section 3 of this chapter may provide for a shorter term of office for specified members of the city legislative body to stagger terms as permitted under IC 3 and IC 36-4-6.
(c) After
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. At the next general
municipal election after a vote in favor of a merger at an election held
under section 2 or 3 of this chapter, one (1) set of officers for a
municipality having the combined population of the merging
municipalities shall be elected by the voters of the merging
municipalities as prescribed by statute, except that:
(1) one (1) member of the municipal legislative body shall be
elected from each district established under section 12 of this
chapter; and
(2) the total number of at large members prescribed by statute for
the municipal legislative body shall be elected.
(1) elect a presiding officer and clerk; and
(2) fix, by joint resolution, the boundaries of the districts from which members will be elected to the legislative body of the new municipality.
The legislative bodies shall fix the district boundaries so that, as nearly as is possible, all parts of the merging municipalities have equal representation in the legislative body of the new municipality. The district boundaries fixed under this subsection constitute the district boundaries for the new municipality until they are altered by the legislative body of the new municipality.
(b) If any territory in the municipality is not included in one (1) of the districts established under subsection (a), the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
(c) If any territory in the municipality is included in more than one (1) of the districts established under subsection (a), the territory is included in the district that:
(1) is one (1) of the districts in which the territory is described in the joint resolution adopted under subsection (a);
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.
(d) A copy of the joint resolution passed under subsection (a) shall be:
(1) certified by the presiding officer;
(2) attested by the clerk; and
(3) filed with the legislative body of each of the merging municipalities and the circuit court clerk of each county in which the municipalities are located.
(b) Subject to IC 3-5-9, a city employee other than an elected or appointed public officer may:
(1) be a candidate for any elective office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
(1) IC 3-10-6 before January 1, 2012; and
(2) IC 3-10-7.5 after December 31, 2011;
by the voters of each city.
(b) A person is eligible to be a city executive only if the person meets the qualifications prescribed by IC 3-8-1-26.
(c) Residency in territory that is annexed by the city before the election is considered residency for the purposes of subsection (b), even if the annexation takes effect less than one (1) year before the election.
(d) The city executive must reside within the city as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The executive forfeits office if the executive ceases to be a resident of the city.
(e) The term of office of a city executive is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
(1) IC 3-10-6 before January 1, 2012; and
(2) IC 3-10-7.5 after December 31, 2011;
by the voters of each city.
(b) A person is eligible to be a member of the legislative body only if the person meets the qualifications prescribed by IC 3-8-1-27.
(c) Residency in territory that is annexed by the city before the person files a declaration of candidacy or petition of nomination is considered residency for the purposes of subsection (b), even if the annexation takes effect less than one (1) year before the election.
(d) A member of the legislative body must reside within:
(1) the city as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
(2) the district from which the member was elected, if applicable.
(e) A member forfeits office if the member ceases to be a resident of the district or city.
(f) The term of office of a member of the legislative body is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
(b) The legislative body shall adopt an ordinance to divide the city into six (6) districts that:
(1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a precinct boundary line if:
(1) more than one (1) member of the legislative body elected from the districts established under subsection (b) resides in one (1) precinct established under IC 3-11-1.5 after the most recent
(2) following the establishment of a legislative body district whose boundary crosses a precinct boundary line, not more than one (1) member of the legislative body elected from districts resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a precinct line if the districts would not otherwise contain, as nearly as is possible, equal population.
(e) A city legislative body district with a boundary described by
subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that
the census block has no population, and is not likely to ever have
population.
(f) The legislative body may not adopt an ordinance dividing the city
into districts with boundaries described by subsection (c) or (d) unless
the clerk of the city mails a written notice to the circuit court clerk. The
notice must:
(1) state that the legislative body is considering the adoption of an
ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative
body adopts the ordinance.
(g) The division under subsection (b) shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to IC 3-11-1.5-32.
(h) The legislative body is composed of six (6) members elected
from the districts established under subsection (b) and three (3) at-large
members.
(i) Each voter of the city may vote for three (3) candidates for
at-large membership and one (1) candidate from the district in which
the voter resides. The three (3) at-large candidates receiving the most
votes from the whole city and the district candidates receiving the most
votes from their respective districts are elected to the legislative body.
(j) If any territory in the city is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(k) If any territory in the city is included in more than one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
(l) A copy of the ordinance establishing districts under this section
must be filed with the circuit court clerk of the county that contains the
greatest population of the city not later than thirty (30) days after the
ordinance is adopted.
(b) This subsection does not apply to a city with an ordinance described by subsection (j) or (m). The legislative body shall adopt an ordinance to divide the city into five (5) districts that:
(1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided in subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a precinct boundary line if:
(1) more than one (1) member of the legislative body elected from the districts established under subsection (b), (j), or (m) resides in one (1) precinct established under IC 3-11-1.5 after the most recent
(2) following the establishment of a legislative body district whose boundary crosses a precinct boundary line, not more than one (1) member of the legislative body elected from the districts resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a precinct line if the districts would not otherwise contain, as nearly as is possible, equal population.
(e) A city legislative body district with a boundary described by subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that the census block has no population, and is not likely to ever have population.
(f) The legislative body may not adopt an ordinance dividing the city into districts with boundaries described by subsection (c) or (d) unless the clerk of the city mails a written notice to the circuit court clerk. The notice must:
(1) state that the legislative body is considering the adoption of an ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative body adopts the ordinance.
(g) The division under subsection (b), (j), or (m) shall be made:
(1) during the second year after a year in which a federal decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to IC 3-11-1.5-32.
(h) This subsection does not apply to a city with an ordinance described by subsection (j) or (m). The legislative body is composed of five (5) members elected from the districts established under subsection (b) and two (2) at-large members.
(i) This subsection does not apply to a city with an ordinance described by subsection (j) or (m). Each voter of the city may vote for two (2) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The two (2) at-large candidates receiving the most votes from the whole city and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
(j) A city may adopt an ordinance under this subsection to divide the city into four (4) districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(k) This subsection applies to a city with an ordinance described by subsection (j). The legislative body is composed of four (4) members elected from the districts established under subsection (j) and three (3) at-large members.
(l) This subsection applies to a city with an ordinance described by subsection (j). Each voter of the city may vote for three (3) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The three (3) at-large candidates receiving the most votes from the whole city and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
(m) This subsection applies only if the ordinance adopted under IC 36-4-1.5-3 by the town legislative body of a town that has a population of less than ten thousand (10,000) and that becomes a city specifies that the city legislative body districts are governed by this subsection. The ordinance adopted under IC 36-4-1.5-3(b)(1) dividing the town into city legislative body districts may provide that:
(1) the city shall be divided into three (3) districts that:
(A) are composed of contiguous territory;
(B) are reasonably compact;
(C) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and
(D) contain, as nearly as is possible, equal population; and
(2) the legislative body of the city is composed of three (3) members elected from the districts established under this subsection and two (2) at-large members.
Each voter of the city may vote for two (2) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The two (2) at-large candidates receiving the most votes from the whole city and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
(n) A copy of the ordinance establishing districts under this section must be filed with the circuit court clerk of the county that contains the greatest population of the city
(o) If any territory in the city is not included in one (1) of the districts established under this section, the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
(p) If any territory in the city is included in more than one (1) of the districts established under this section, the territory is included in the district that:
(1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.
(b) This subsection does not apply to a city with an ordinance described by subsection (j). The legislative body shall adopt an ordinance to divide the city into four (4) districts that:
(1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided in subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a precinct boundary line if:
(1) more than one (1) member of the legislative body elected from the districts established under subsection (b) or (j) resides in one (1) precinct established under IC 3-11-1.5 after the most recent
(2) following the establishment of a legislative body district whose boundary crosses a precinct boundary line, not more than one (1) member of the legislative body elected from the districts resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a precinct line if the districts would not otherwise contain, as nearly as is possible, equal population.
(e) A city legislative body district with a boundary described by subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that the census block has no population, and is not likely to ever have population.
(f) The legislative body may not adopt an ordinance dividing the city into districts with boundaries described by subsection (c) or (d) unless the clerk of the city mails a written notice to the circuit court clerk. The notice must:
(1) state that the legislative body is considering the adoption of an ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative body adopts the ordinance.
(g) The division under subsection (b) or (j) shall be made:
(1) during the second year after a year in which a federal decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to IC 3-11-1.5-32.
(h) This subsection does not apply to a city with an ordinance
described by subsection (j). The legislative body is composed of four
(4) members elected from the districts established under subsection (b)
and one (1) at-large member.
(i) This subsection does not apply to a city with an ordinance
described by subsection (j). Each voter may vote for one (1) candidate
for at-large membership and one (1) candidate from the district in
which the voter resides. The at-large candidate receiving the most votes
from the whole city and the district candidates receiving the most votes
from their respective districts are elected to the legislative body.
(j) A city may adopt an ordinance under this subsection to divide the
city into three (3) districts that:
(1) are composed of contiguous territory, except for territory that
is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(k) This subsection applies to a city with an ordinance described by
subsection (j). The legislative body is composed of three (3) members
elected from the districts established under subsection (j) and two (2)
at-large members.
(l) This subsection applies to a city with an ordinance described by
subsection (j). Each voter of the city may vote for two (2) candidates
for at-large membership and one (1) candidate from the district in
which the voter resides. The two (2) at-large candidates receiving the
most votes from the whole city and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(m) This subsection applies to a city having a population of less than
seven thousand (7,000). A legislative body of such a city that has, by
resolution adopted before May 7, 1991, decided to continue an election
process that permits each voter of the city to vote for one (1) candidate
at large and one (1) candidate from each of its four (4) council districts
may hold elections using that voting arrangement. The at-large
candidate and the candidate from each district receiving the most votes
from the whole city are elected to the legislative body. The districts
established in cities adopting such a resolution may cross precinct
boundary lines.
(n) A copy of the ordinance establishing districts under this section
must be filed with the circuit court clerk of the county that contains the
greatest population of the city not later than thirty (30) days after the
ordinance is adopted.
(o) If any territory in the city is not included in one (1) of the districts established under this section, the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
(p) If any territory in the city is included in more than one (1) of the districts established under this section, the territory is included in the district that:
(1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.
(b) The fiscal officer is the head of the city department of finance. The fiscal officer shall do the following:
(1) Receive and care for all city money and pay the money out only on order of the approving body.
(2) Keep accounts showing when and from what sources the fiscal officer has received city money and when and to whom the fiscal officer has paid out city money.
(3) Prescribe payroll and account forms for all city offices.
(4) Prescribe the manner in which creditors, officers, and employees shall be paid.
(5) Manage the finances and accounts of the city and make investments of city money.
(6) Prepare for the legislative body the budget estimates of miscellaneous revenue, financial statements, and the proposed tax rate.
(7) Issue all licenses authorized by statute and collect the fees fixed by ordinance.
(8) Serve as clerk of the board of public works by attending meetings, preparing agendas, and recording proceedings.
(9) Perform all other duties prescribed by statute.
(c) A fiscal officer is not liable in an individual capacity for an act or omission occurring in connection with the performance of the duties prescribed by subsection (b), unless the act or omission constitutes gross negligence or an intentional disregard of the fiscal officer's duties.
(d) A fiscal officer shall attend training provided by the state board of accounts concerning the duties and responsibilities of a fiscal officer of a third class city.
(1) provide that:
(A) all members of the town legislative body are to be elected at large (if the town would have a population of less than three thousand five hundred (3,500); or
(B) divide the town into not less than three (3) nor more than seven (7) districts; and
(2) direct the county election board to conduct an election in the town on the date of the next general
An election conducted under this section must comply with IC 3 concerning town elections. If, on the date that an ordinance was adopted under this section, absentee ballots for a general
(b) Districts established by an ordinance adopted under this section must comply with IC 3-11-1.5.
(c) If any territory in the town is not included in one (1) of the districts established under this section, the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
(d) If any territory in the town is included in more than one (1) of the districts established under this section, the territory is included in the district that:
(1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.
(e) Except as provided in subsection (f), an ordinance adopted under this section becomes effective when filed with:
(1) the office of the secretary of state; and
(2) the circuit court clerk of each county in which the town is located.
(f) An ordinance incorporating a town under this section may not take effect during the year preceding a year in which a federal decennial census is conducted. An ordinance under this section that would otherwise take effect during the year preceding a year in which a federal decennial census is conducted takes effect January 2 of the year in which a federal decennial census is conducted.
(g) Proceedings to incorporate a town across county boundaries must have the approval of the county executive of each county that contains a part of the proposed town. Each county that contains a part of the proposed town must adopt identical ordinances providing for the incorporation of the town.
(b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has not elected town officers or had a functioning town government during the preceding ten (10) years.
(c) The county election board shall certify the board's findings to the county executive, who may adopt an ordinance or (in a county subject to IC 36-2-2.5 or IC 36-2-3.5) issue an order to dissolve the town.
(b) The dissolution of a town under this section may be instituted by filing a petition with the county board of registration. The petition must be signed by at least the number of the registered voters of the town required to place a candidate on the ballot under IC 3-8-6-3. The petition must be filed not later than June 1 of a year in which a general
(c) If a petition meets the criteria set forth in subsection (b), the county board of registration shall certify the public question to the county election board under IC 3-10-9-3. The county election board shall place the question of dissolution on the ballot provided for voters in the included town at the first general
prescribed by IC 3-10-9-4 and must state "Shall the town of ________
dissolve?".
(d) If the public question is approved by a majority of the voters
voting on the question, the county election board shall file a copy of the
certification prepared under IC 3-12-4-9 concerning the public question
described by this section with the following:
(1) The circuit court clerk of the county.
(2) The office of the secretary of state.
(e) Except as provided in subsection (f), dissolution occurs:
(1) at least sixty (60) days after certification under IC 3-12-4-9;
and
(2) when the certification is filed under subsection (d).
(f) A dissolution under this section may not take effect during the
year preceding a year in which a federal decennial census is conducted.
A dissolution under this section that would otherwise take effect during
the year preceding a year in which the federal decennial census is
conducted takes effect January 2 of the year in which a federal
decennial census is conducted.
(g) When a town is dissolved under this section:
(1) the territory included within the town when the ordinance was
adopted becomes a part of the consolidated city;
(2) the books and records of the town become the property of the
county executive;
(3) the property owned by the town after payment of debts and
liabilities shall be disposed of by the county executive; and
(4) the county executive shall deposit any proceeds remaining
after payment of debts and liabilities into the county general fund.
(h) The dissolution of a town under this section does not affect the
validity of a contract to which the town is a party.
(1) IC 3-10-6 or IC 3-10-7 before January 1, 2012; and
(2) IC 3-10-7.5 after December 31, 2011;
is the town legislative body. The president of the town council selected under section 7 of this chapter is the town executive.
(b) The term of office of a member of the legislative body appointed to fill a vacancy resulting from an increase in the number of town legislative body members under section 4.2 of this chapter:
(1) begins when the ordinance increasing the number of legislative body members takes effect, or when the member is appointed under IC 3-13-9-4, if the appointment is made after the ordinance takes effect; and
(2) continues until noon January 1 following the next
(A) IC 3-10-6-5 or IC 3-10-7-6 before January 1, 2012; and
(B) IC 3-10-7.5 after December 31, 2011;
and until the member's successor is elected and qualified.
(c) The term of office of a member of the legislative body elected under IC 36-5-1-10.1 following the incorporation of the town:
(1) begins at noon November 30 following the election; and
(2) continues until noon January 1 following the next
(A) IC 3-10-6-5 or IC 3-10-7-6 before January 1, 2012; and
(B) IC 3-10-7.5 after December 31, 2011;
and until the member's successor is elected and qualified.
(d) The term of office of a member of the legislative body subject to IC 3-10-6-2.5(d)(1) is three (3) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(e) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-6-2.6 is one (1) year, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(f) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-7-2.7 is:
(1) three (3) years if the member is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of a member of a legislative body described in subdivision (1);
beginning noon January 1 after election and continuing until a successor is elected and qualified.
(b) A town legislative body district must comply with the following
standards:
(1) The district must be composed of contiguous territory, except
for territory that is not contiguous to any other part of the town.
(2) The district must be reasonably compact.
(3) The district must contain, as nearly as is possible, equal
population.
(4) The district may not cross a census block boundary except
when following a precinct boundary line or unless the ordinance
specifies that the census block has no population and is not likely
to ever have population.
(5) The district may not cross precinct lines, except as provided
in subsection (c).
(c) The boundary of a town legislative body district established
under subsection (a) may cross a precinct boundary line if:
(1) the legislative body provides by ordinance under section 5 of
this chapter that all legislative body members are to be elected at
large by the voters of the whole town; or
(2) the district would not otherwise contain, as nearly as is
possible, equal population.
(d) If any territory in the town is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(e) If any territory in the town is included in more than one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
(f) The ordinance may be appealed in the manner prescribed by
IC 34-13-6. If the town is located in two (2) or more counties, the
appeal may be filed in the circuit or superior court of any of those
counties.
(g) This subsection does not apply to a town with an ordinance
described by subsection (h). The division permitted by subsection (a)
shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted, subject to IC 3-11-1.5-32; and
(2) when required to assign annexed territory to a municipal legislative body district.
The division may also be made in any other year.
(h) This subsection applies to a town having a population of less than three thousand five hundred (3,500). The town legislative body may adopt an ordinance providing that:
(1) town legislative body districts are abolished; and
(2) all members of the legislative body are elected at large.
(i) An ordinance described by subsection (h):
(1) may not be adopted or repealed during a year in which a
(A) IC 3-10-6 or IC 3-10-7 before January 1, 2012; and
(B) IC 3-10-7.5 after December 31, 2011; and
(2) is effective upon passage.
(j) A copy of the ordinance establishing districts under this section must be filed with the circuit court clerk of the county that contains the greatest population of the town not later than thirty (30) days after the ordinance is adopted.
(b) The legislative body may adopt a resolution to submit a public question on the number of legislative body members to the voters of the town. The resolution must state the following:
(1) The proposed number of legislative body members, which must be at least three (3) and not more than seven (7).
(2) The date of the general
(3) That the following question will be placed on the ballot in the form provided by IC 3-10-9-4:
"Shall the number of town council members be increased (or decreased, if applicable) from ___________ (insert the current number of members provided for) to _________ (insert the number of members proposed in the resolution)?".
(c) IC 3 applies to an election conducted under subsection (b). If the county election board will conduct the election at which the public question will be submitted, the question must be certified to the board under IC 3-10-9-3.
(d) If a majority of the votes cast on the question under subsection (b) are in the negative, the legislative body may not adopt a resolution
under subsection (b) for at least one (1) year following the date the
prior resolution was adopted.
(e) If a majority of votes cast on the question under subsection (b)
are in the affirmative, the legislative body shall adopt an ordinance at
its next regular meeting following the election altering the number of
legislative body members to the number specified in the public
question. The legislative body may also alter existing districts and
establish new districts in the manner prescribed by IC 36-5-1-10.1. An
ordinance adopted under this subsection becomes effective January 1
following its adoption.
(f) If the number of legislative body members is increased, the
legislative body shall fill any resulting vacancy under IC 3-13-9-4. The
legislative body may fill the vacancy before the ordinance described in
subsection (e) takes effect. However, a town legislative body member
appointed under this subsection does not assume office until the
beginning of the term specified in section 3 of this chapter.
(1) The town has a population of more than ten thousand (10,000).
(2) The town legislative body adopts an ordinance adopting the provisions of this section. A town may not adopt an ordinance under this section during a year in which
(A) IC 3-10-6-5 before January 1, 2012; and
(B) IC 3-10-7.5 after December 31, 2011.
(b) A town legislative body has the following members:
(1) Five (5) members, each elected by the voters of a district. The districts are established by ordinance by the town legislative body as provided in this chapter.
(2) Two (2) members elected at large by all the voters of the town.
(c) An ordinance adopted under this section must provide for the following:
(1) Four (4) members of the legislative body are elected during a year that
(A) IC 3-10-6-5 before January 1, 2012; and
(B) IC 3-10-7.5 after December 31, 2011.
(2) Three (3) members of the legislative body are elected either:
(A) during
(B) during
described in subdivision (1).
The year for elections under this subdivision must be chosen so
that during the elections held for the town legislative body under
subdivision (4), a member of the town legislative body does not
serve a term of more than four (4) years.
(3) The members of the legislative body elected at large may not
be elected at the same time.
(4) At the first two (2) elections after the ordinance is adopted,
members are elected to serve the following terms:
(A) Two (2) members elected under subdivision (1) are
elected to a four (4) year term and two (2) members elected
under subdivision (1) are elected to a three (3) two (2) year
term.
(B) Two (2) members elected under subdivision (2) are elected
to a four (4) year term and one (1) member elected under
subdivision (2) is elected to a three (3) two (2) year term.
The ordinance must provide a random procedure to determine
which members serve four (4) year terms and which members
serve three (3) two (2) year terms.
(5) A member of the town council elected after the elections
described in subdivision (4) serves a term of four (4) years.
(6) The term of office of a member begins at noon January 1 after
the member's election.
(d) An ordinance adopted under this section may provide that before
the first election after adoption of the ordinance, members of the town
legislative body added to the legislative body by the ordinance may be
appointed to the legislative body by a vote of the current members of
the legislative body.
(e) After the first two (2) elections held as described in subsection
(c)(4), the town legislative body may adopt an ordinance to do the
following:
(1) Divide the town into seven (7) districts.
(2) Provide that the members elected at large are each elected
from a district.
An ordinance adopted under this subsection must comply with this
chapter in establishing the districts and provide details to provide a
transition from electing two (2) members at large to electing all
members from districts.
(f) Subject to this section, members of the town legislative body are
elected as provided in:
(1) IC 3-10-6-4.5 before January 1, 2012; and
(2) IC 3-10-7.5 after December 31, 2011.
(b) Except as provided in subsection (c) or (d), the term of office of the clerk-treasurer is four (4) years, beginning at noon January 1 after election and continuing until a successor is elected and qualified.
(c) The term of office of a clerk-treasurer elected under IC 36-5-1-10.1 following the incorporation of the town:
(1) begins at noon November 30 following the election; and
(2) continues until noon January 1 following the next
(A) IC 3-10-6-5 or IC 3-10-7-6 before January 1, 2012; and
(B) IC 3-10-7.5 after December 31, 2011;
and until the clerk-treasurer's successor is elected and qualified.
(d) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-6-2.6 is:
(1) one (1) year if the clerk-treasurer is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1);
beginning at noon January 1 after the clerk-treasurer's election and continuing until the clerk-treasurer's successor is elected and qualified.
(e) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-7-2.7 is:
(1) three (3) years if the clerk-treasurer is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1);
beginning noon January 1 after the clerk-treasurer's election and continuing until the clerk-treasurer's successor is elected and qualified.
(1) be candidates for elective office and serve in that office if elected;
(2) be appointed to any office and serve in that office if appointed; and
(3) as long as they are not in uniform and not on duty, solicit votes and campaign funds and challenge voters for the office for which they are candidates.
(b) The sheriff may temporarily suspend an officer with or without pay for a period not exceeding fifteen (15) days, without a hearing before the board, after preferring charges of misconduct in writing delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or temporarily suspended because of political affiliation nor after the officer's probationary period, except as provided in this section. Subject to IC 3-5-9, an officer may:
(1) be a candidate for elective office and serve in that office if elected;
(2) be appointed to an office and serve in that office if appointed; and
(3) except when in uniform or on duty, solicit votes or campaign funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit court for hearings under this section. An officer on probation may be dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in court, within thirty (30) days after the date the decision is rendered, a verified complaint stating in a concise manner the general nature of the charges against the officer, the decision of the board, and a demand for the relief asserted by the officer. A bond must also be filed that guarantees the appeal will be prosecuted to a final determination and that the plaintiff will pay all costs only if the court finds that the board's decision should be affirmed. The bond must be approved as bonds for costs are approved in other cases. The county must be named as the sole defendant and the plaintiff shall have a summons issued as in other cases against the county. Neither the board nor the members of it may be made parties defendant to the complaint, but all are bound by
service upon the county and the judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be heard
de novo only upon any new issues related to the charges upon which
the decision of the board was made. Within ten (10) days after the
service of summons, the board shall file in court a complete written
transcript of all papers, entries, and other parts of the record relating to
the particular case. Inspection of these documents by the person
affected, or by the person's agent, must be permitted by the board
before the appeal is filed, if requested. The court shall review the
record and decision of the board on appeal.
(g) The court shall make specific findings and state the conclusions
of law upon which its decision is made. If the court finds that the
decision of the board appealed from should in all things be affirmed,
its judgment should so state. If the court finds that the decision of the
board appealed from should not be affirmed in all things, then the court
shall make a general finding, setting out sufficient facts to show the
nature of the proceeding and the court's decision on it. The court shall
either:
(1) reverse the decision of the board; or
(2) order the decision of the board to be modified.
(h) The final judgment of the court may be appealed by either party.
Upon the final disposition of the appeal by the courts, the clerk shall
certify and file a copy of the final judgment of the court to the board,
which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then the
board shall pay to the party entitled to it any salary or wages withheld
from the party pending the appeal and to which the party is entitled
under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court or
a change of judge in the same manner as such changes are allowed in
civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall be tried and determined by the court as soon as practical.
(b) After the adoption of the ordinance, the fiscal body shall certify the question under IC 3-10-9-3 to the county election board of the county containing the greatest percentage of population of the
municipality and fix a date for a special election to be held not later
than ninety (90) days after adoption. However, if a primary or general
or municipal election will be conducted in each precinct in the affected
area not later than six (6) months after the ordinance is adopted, the
special election shall be conducted on the same day as the primary or
general or special election. The election shall be held by the county
election board in the area described in the petition. IC 3-10-8-6 applies
to the special election. Any voter residing in the affected area may vote
in the election.
(c) The county election board shall give public notice of the special
election in accordance with IC 3-10-2-2.
(d) The ballot must be in the form prescribed by IC 3-10-9-4 and
must state "Shall park and recreation services be extended?".
(e) If the special election is not conducted at a general election
municipal election, or primary election, the fiscal body shall
appropriate a sum sufficient to defray the cost of the ballots and to pay
the expense of the election as prescribed by IC 3. The appropriation
may be from the general fund or by transfer from the operating budget
of the department.
; (10)SB0241.1.189. --> SECTION 189. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 3-8-2-2.2; IC 3-11-18-2; IC 3-11-18-18; IC 3-11-18-19; IC 3-11-18-20; IC 20-23-4-29; IC 20-23-7-8; IC 20-23-13-2; IC 33-35-1-2; IC 36-4-2-8.
