Bill Text: IN SB0326 | 2011 | Regular Session | Introduced
Bill Title: School board elections.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-01-11 - Senator Kruse added as coauthor [SB0326 Detail]
Download: Indiana-2011-SB0326-Introduced.html
Citations Affected: IC 3-5-4-11; IC 3-8; IC 3-10-1; IC 3-11;
IC 3-12-1-7; IC 3-13-7; IC 20-23; IC 20-25-3-4; IC 33-33-53-5.
Synopsis: School board elections. Requires that school board
members who are selected by election must be nominated as candidates
of political parties at primary elections and elected at general elections
beginning in 2012. Repeals provisions related to the election of school
board members on a nonpartisan basis at primary elections.
Effective: July 1, 2011.
January 10, 2011, read first time and referred to Committee on Elections.
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
elections.
(1) IC 20-23-4-30.
(2) IC 20-23-7-8 (before its repeal on July 1, 2011) and IC 20-23-7-8.1 (after June 30, 2011).
(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 2008 primary election. The successor of such a member shall:
(1) be nominated at the 2012 primary election;
(2) be elected at the 2012 general election; and
(3) take office January 1, 2013.
(c) This subsection applies to a member of a governing body elected at the 2010 primary election. The successor of such a member shall:
(1) be nominated at the 2014 primary election;
(2) be elected at the 2014 general election; and
(3) take office January 1, 2015.
(d) This section expires July 1, 2016.
(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)
(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.
(1) any local office not described in section 5 of this chapter;
(2) school board office;
shall be filed in the office of the county election board located in the county seat.
(b) Whenever the election district for a local office includes more than one (1) county, the declaration of candidacy shall be filed in the office of the county election board located in the county seat of the county that contains the greatest percentage of population of the
election district.
(c) 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 chief deputy of the combined election board
and board of registration shall post for public inspection a copy of each
declaration of candidacy filed under this section on the day the
declaration is filed.
(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.
chosen at the same time as the primary election.
(5) (4) The text of any public question to be placed on the ballot.
(6) (5) The date of the primary election.
(7) (6) The hours during which the polls will be open.
(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.
(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.
(1) a petition of nomination contains the name of at least one (1) candidate who seeks to be placed on the ballot as the candidate of a political party described by section 1 of this chapter; and
(2) a candidate listed on the petition ceases to be a candidate after the petition is circulated for signature or filed;
the candidate may be replaced on the petition in accordance with this section.
(b) This subsection applies to a candidate described in subsection (a) who sought a federal, state, or legislative office or a local office described by IC 3-8-2-5. The state chairman of the political party may file a written statement with the election division stating the name of the substitute candidate. The statement must:
(1) be on a form prescribed by the commission;
(2) state the following:
(A) the name of the individual who ceased to be a candidate;
(B) the date and reason the individual ceased to be a candidate; and
(C) the name of the individual who will replace the candidate as:
(i) the individual wants the individual's name to appear on the ballot; and
(ii) the individual's name is permitted to appear on the ballot under IC 3-5-7; and
(3) be accompanied by the following:
(A) The replacement candidate's consent to be nominated by the petition and, if other candidates were listed on the petition, the signed consent of those candidates to be the replacement.
(B) The former candidate's statement of withdrawal in a form substantially similar to the form prescribed under IC 3-8-7-28 if the individual withdrew as a candidate.
A replacement candidate's consent to the nomination must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the consent to the nomination. If there is a difference between the name on the candidate's consent to the nomination and the name on the candidate's voter registration record, the officer with whom the consent to the nomination is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's consent to the nomination.
(c) This subsection applies to a candidate described in subsection (a) who sought a local office other than a local office described by IC 3-8-2-5 or a school board office. The county, city, or town chairman of the political party may file a written statement that conforms with subsection (b) with the election board conducting the election for the local or school board office.
(d) The statement required under subsection (b) or (c) must be filed not later than the final date and time for the certification of presidential and vice presidential nominees under IC 3-10-4-5.
(e) If a petition of nomination is circulated or filed by an independent candidate and that individual ceases to be a candidate, another candidate may not be substituted on the petition of nomination.
nominate its candidates for the following offices to be voted for at the
general election:
(1) United States Senator.
(2) Governor.
(3) United States Representative.
(4) Legislative offices.
(5) Local offices.
(6) School board offices.
(b) In addition, each political party subject to section 2 of this
chapter shall:
(1) vote on candidates for nomination as President of the United
States;
(2) elect delegates from each county to the party's state
convention; and
(3) elect a precinct committeeman for each precinct in the county
if precinct committeemen are to be elected under section 4.5 of
this chapter.
(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 names of all candidates for each office who have qualified under IC 3-8, except for a
(c) For paper ballots, the left margin of the ballot for each political party must show the name of the uppermost candidate printed to the right of the number 1, the next candidate number 2, the next candidate
number 3, and so on, consecutively to the end of the ballot as
prescribed in section 19 of this chapter. The same order shall be
followed for the printing of ballot labels and their placement on the
electronic voting system and for the printing of ballot cards.
(d) 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). If there is insufficient room on a row to list each
candidate of a political party, a second or subsequent row may be
utilized. However, a second or subsequent row may not be utilized
unless the first row, and all preceding rows, have been filled.
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.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(8) School board offices.
(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):
(1) School board offices to be elected at the primary election.
(2) Other (1) Local offices to be elected at the primary election.
(3) (2) Local public questions.
(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)
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 32. Primary election
returns must contain the whole number of votes cast for each of the
following:
(1) Each candidate of each political party.
(2) Each public question voted on at the primary election. and
(3) Each candidate for election to a school board office or
political party office.
(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.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(8) School board offices.
(1) Retention of a justice of the supreme court.
(2) Retention of a judge of the court of appeals.
(3) Retention of the judge of the tax court.
(4) Ratification of a state constitutional amendment.
(b) Whenever more than one (1) justice of the supreme court is subject to retention, the name of each justice must appear on the ballot in alphabetical order. However, if the justice serving as chief justice is subject to retention, the chief justice's name must appear first.
(c) Whenever more than one (1) judge of the court of appeals is subject to retention, the name of each judge must appear on the ballot in alphabetical order. However, if the judge serving as chief judge is subject to retention, the chief judge's name must appear first.
(d) These offices and public questions shall be placed in a separate column on the ballot.
[EFFECTIVE JULY 1, 2011]: Sec. 11. (a) The ballot information,
whether placed on the ballot card or on the marking device, must be in
the order of arrangement provided for ballots under this section.
(b) Each county election board shall have the names of all
candidates for all elected offices, political party offices, and public
questions printed on a ballot card as provided in this chapter. The
county may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the proper
version of a ballot is used within a precinct.
(c) Each type of ballot card must be of uniform size and of the same
quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners shall be listed on the ballot with the name and device set
forth on the certification or petition. The circle containing the device
may be of any size that permits a voter to readily identify the device.
IC 3-11-2-5 applies if the certification or petition does not include a
name or device, or if the same device is selected by two (2) or more
parties or petitioners.
(e) The offices on the general election ballot must be placed on the
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,
IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a)
through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). The
offices and public questions may be listed in a continuous column
either vertically or horizontally and on a number of separate pages.
However, school board offices, public questions concerning the
retention of a justice or judge, local nonpartisan judicial offices, and
local public questions must be placed at the beginning of separate
columns.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in a uniform size and type.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(k) (j) The following information must be placed at the top of the
ballot before the first office is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c),
and IC 3-11-2-10(d).
(l) (k) The ballot must include a single connectable arrow, circle,
oval, or square, or a voting position for voting a straight party or an
independent ticket (described in IC 3-11-2-6) by one (1) mark as
required by section 14 of this chapter, and the single connectable
arrow, circle, oval, or square, or the voting position for casting a
straight party or an independent ticket ballot must be identified by:
(1) the name of the political party or independent ticket
(described in IC 3-11-2-6); and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each political party or independent ticket must
be of uniform size and type and arranged in the order established by
subsection (g) for listing candidates under each office. The instructions
described in IC 3-11-2-10(b) for voting a straight party ticket and the
statement concerning presidential electors required under IC 3-10-4-3
may be placed on the ballot beside or above the names and devices
within the voting booth in a location that permits the voter to easily
read the instructions.
(m) (l) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
arrow, a circle, or an oval may be used instead of a square. Except as
expressly authorized or required by statute, a county election board
may not print a ballot card that contains language concerning the public
question other than the language authorized by a statute.
(n) (m) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) (n) The procedure described in IC 3-11-2-16 must be used when
a ballot does not comply with the requirements imposed by this title or
contains another error or omission that might result in confusion or
mistakes by voters.
(p) (o) This subsection applies to an optical scan ballot that does not
list:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordance
with this section, except that the ballot must include a numbered circle
or oval to refer to each political party, candidate, or public question.
(b) The county may:
(1) print all offices and public questions on a single ballot label; and
(2) include a ballot variation code to ensure that the proper version of a ballot label is used within a precinct.
(c) Each type of ballot label or paster must be of uniform size and of the same quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate or independent ticket (described in IC 3-11-2-6) nominated by petitioners must be listed on the ballot label with the name and device set forth on the certification or petition. The circle containing the device may be of any size that permits a voter to readily identify the device. IC 3-11-2-5 applies if the certification or petition does not include a name or device, or if the same device is selected by two (2) or more parties or petitioners.
(e) The ballot labels must list the offices on the general election ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2, IC 3-11-2-12.5, IC 3-11-2-12.7(b),
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in uniform size and type.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) of ANY party for this office.".
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the voter to easily read the instructions.
(1) the name of the political party or independent ticket; and
(2) immediately below or beside the political party's or independent ticket's name, the device of that party or ticket (described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform size and type, and arranged in the order established by subsection (g) for listing candidates under each office. The instructions described in IC 3-11-2-10(b) for voting a straight party ticket and the statement concerning presidential electors required under IC 3-10-4-3 may be placed on the ballot label or in a location within the voting booth that permits the voter to easily read the instructions.
point or button must be used instead of a square. Except as expressly
authorized or required by statute, a county election board may not print
a ballot label that contains language concerning the public question
other than the language authorized by a statute.
(o) (n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic
voting systems.
(p) (o) The procedure described in IC 3-11-2-16 must be used when
a ballot label does not comply with the requirements imposed by this
title or contains another error or omission that might result in confusion
or mistakes by voters.
(1) votes a straight party ticket; and
(2) votes only for one (1) or more individual candidates who are all of the same political party as the straight ticket vote.
The straight ticket vote shall be counted and the individual candidate votes may not be counted.
(b) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of one (1) political party;
(2) only one (1) person may be elected to an office; and
(3) the voter has voted for one (1) individual candidate for the office described in subdivision (2) who is:
(A) a candidate of a political party other than the party for which the voter voted a straight ticket; or
(B) an independent candidate for the office.
If the voter has voted for one (1) individual candidate for the office described in subdivision (2), the individual candidate vote for that office shall be counted, the straight party ticket vote for that office may not be counted, and the straight party ticket votes for other offices on the ballot shall be counted.
(c) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of one (1) political party; and
(2) the voter has voted for more individual candidates for the office than the number of persons to be elected to that office.
The individual candidate votes for that office may not be counted, the
straight party ticket vote for that office may not be counted, and the
straight party ticket votes for other offices on the ballot shall be
counted.
(d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates;
(B) candidates of a political party other than the political party
for which the voter cast a straight party ticket under
subdivision (1); or
(C) a combination of candidates described in clauses (A) and
(B).
The individual votes cast by the voter for the office for the independent
candidates and the candidates of a political party other than the
political party for which the voter cast a straight party ticket shall be
counted. The straight party ticket vote cast by that voter for that office
shall be counted unless the total number of votes cast for the office by
the voter, when adding the voter's votes for the individual candidates
for the office and the voter's straight party ticket votes for the office, is
greater than the number of persons to be elected to the office. If the
total number of votes cast for the office is greater than the number of
persons to be elected to the office, the straight party ticket votes for the
office may not be counted. The straight party ticket votes for other
offices on the voter's ballot shall be counted.
(e) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates or candidates of a political party
other than the political party for which the voter cast a straight
party ticket under subdivision (1); and
(B) candidates of the same political party for which the voter
cast a straight party ticket under subdivision (1).
The individual votes cast by the voter for the office for the independent
candidates and the candidates of a political party other than the
political party for which the voter cast a straight party ticket shall be
counted. The individual votes cast by the voter for the office for the
candidates of the same political party for which the voter cast a straight
party ticket may not be counted. The straight party ticket vote cast by
that voter for that office shall be counted unless the total number of
votes cast for the office by the voter, when adding the voter's votes for
the individual candidates for the office and the voter's straight party
ticket vote for the office is greater than the number of persons to be
elected to the office. If the total number of votes cast for the office is
greater than the number of persons to be elected to the office, the
straight party ticket votes for that office may not be counted. The
straight party ticket votes for other offices on the voter's ballot shall be
counted.
(f) If a voter votes a straight party ticket for more than one (1)
political party, the whole ballot is void with regard to all candidates
nominated by a political party or designated as independent candidates
on the ballot. However, the voter's vote for a school board candidate or
on a public question shall be counted if otherwise valid under this
chapter.
(g) If a voter does not vote a straight party ticket and the number of
votes cast by that voter for the candidates for an office are less than or
equal to the number of openings for that office, the individual
candidates votes shall be counted.
(h) If a voter does not vote a straight party ticket and the number of
votes cast by that voter for an office exceeds the number of openings
for that office, none of the votes concerning that office may be counted.
(b) The vacancy shall be filled as follows:
(1) The remaining members of the school board shall select an individual to fill the vacancy by a majority of the votes of the remaining school board members.
(2) If there are no remaining members of the school board, the judge of the circuit court in the county where the majority of the registered voters of the school corporation reside shall select an individual to fill the vacancy.
SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. (a) In formulating a preliminary reorganization
plan and with respect to each of the community school corporations
that are a part of the reorganization plan, the county committee shall
determine the following:
(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, whether that the election is at
members are:
(i) nominated in the same manner as county officials at
the primary election at which county officials are nominated;
or and
(ii) elected at the general election at which county officials
are elected. and
(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. and
(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.
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries of the community school corporation as provided in section 12 of this chapter.
(3) The number of members of the board of school trustees and whether the members are elected or appointed.
(4) Subject to IC 3, the manner in which the board of school trustees, other than the interim board, is elected or appointed.
(5) If a school corporation is divided as part of the reorganization, the disposition of assets and liabilities of the school corporation.
(6) The statement required by section 12 of this chapter if that statement is submitted or adopted with the plan.
(1) the chairperson of the county committee submitting the plan; and
(2) the judge of the circuit court of the county from which the county committee was appointed.
(b) After notice is given under subsection (a), a community school corporation proposed by a plan referred to in subsection (a) may be created:
(1) by petition as provided in this section;
(2) by election as provided in section 21 of this chapter; or
(3) under section 22 of this chapter.
(c) After receipt of the plan referred to in subsection (a) by the county committee and before or after the election described in section 21 of this chapter, a community school corporation proposed by a plan referred to in subsection (a) may be created by a petition. The petition must be signed by at least fifty-five percent (55%) of the registered voters residing in the community school corporation, determined in the manner set out in this section, and filed by any signer or by the county committee with the clerk or clerks of the circuit court or courts of the county or counties where the voters reside. The petition must state that the signers request the establishment of a community school corporation and must contain the following information:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries as set out in the plan.
(3) The number of members of the board of school trustees.
(4) Subject to IC 3, the manner in which:
(A) the permanent board of school trustees; and
(B) if covered in the plan, the interim board of school trustees;
will be elected or appointed.
(5) The compensation, if any, of the members of:
(A) the permanent board of school trustees; and
(B) if covered in the plan, the interim board of school trustees.
(6) The disposition, if any, of assets and liabilities of each existing school corporation that:
(A) is included in the proposed community school corporation; and
(B) has been divided.
(7) The disposition of school aid bonds, if any.
(d) The petition referred to in subsection (c) must show:
(1) the date on which each person signed the petition; and
(2) the person's residence address on that date.
The petition may be executed in several counterparts, the total of which constitutes the petition described in this section. An affidavit of the person circulating a counterpart must be attached to the counterpart. The affidavit must state that each signature appearing on the counterpart was affixed in the person's presence and is the true and lawful signature of the signer. Each signer on the petition may withdraw the signer's signature from the petition before the petition is filed with the clerk of the circuit court. Names may not be added to the petition after the petition is filed with the clerk of the circuit court.
(e) After receipt of the petition referred to in subsection (c), the clerk of the circuit court shall make a certification under the clerk's hand and seal of the clerk's office as to:
(1) the number of signers of the petition;
(2) the number of signers of the petition who are registered voters residing in:
(A) the proposed community school corporation; or
(B) the part of the school corporation located in the clerk's county;
as disclosed by the voter registration records of the county;
(3) the number of registered voters residing in:
(A) the proposed community school corporation; or
(B) the part of the school corporation located in the clerk's county;
as disclosed by the voter registration records of the county; and
(4) the date of the filing of the petition with the clerk.
If a proposed community school corporation includes only part of a voting precinct, the clerk of the circuit court shall ascertain from any means, including assistance from the county committee, the number of registered voters residing in the part of the voting precinct.
(f) The clerk of the circuit court shall make the certification referred to in subsection (e):
(1) not later than thirty (30) days after the filing of the petition under subsection (c), excluding from the calculation of that period the time during which the registration records are unavailable to the clerk; or
(2) within any additional time as is reasonably necessary to permit the clerk to make the certification.
In certifying the number of registered voters, the clerk shall disregard any signature on the petition not made in the ninety (90) days that immediately precede the filing of the petition with the clerk as shown by the dates set out in the petition. The clerk shall establish a record of the certification in the clerk's office and shall return the certification to the county committee.
(g) If the certification or combined certifications received from the clerk or clerks disclose that the petition was signed by at least fifty-five percent (55%) of the registered voters residing in the community school corporation, the county committee shall publish a notice in two (2) newspapers of general circulation in the community school corporation. The notice must:
(1) state that the steps necessary for the creation and establishment of the community school corporation have been completed; and
(2) set forth:
(A) the number of registered voters residing in the community school corporation who signed the petition; and
(B) the number of registered voters residing in the community school corporation.
(h) A community school corporation created by a petition under this section takes effect on the earlier of:
(1) July 1; or
(2) January 1;
that next follows the date of publication of the notice referred to in subsection (g).
(i) If a public official fails to perform a duty required of the official under this chapter within the time prescribed in this section and sections 21 through 24 of this chapter, the omission does not invalidate the proceedings taken under this chapter.
(j) An action:
(1) to contest the validity of the formation or creation of a community school corporation under this section;
(2) to declare that a community school corporation:
(A) has not been validly formed or created; or
(B) is not validly existing; or
(3) to enjoin the operation of a community school corporation;
may not be instituted later than thirty (30) days after the date of publication of the notice referred to in subsection (g).
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 29.1. (a) This section applies to
each school corporation.
(b) If a plan provides for election of members of the governing
body, the members of the governing body shall be nominated at a
primary election and elected at a general election. Each candidate
must, in accordance with IC 3-8-2, file a declaration of candidacy
that is signed by the candidate. The filing must be made within the
time specified by IC 3-8-2-4.
(c) All candidates for nomination shall be listed on the primary
election ballot by political party in the form prescribed by
IC 3-10-1. Voting and tabulation of votes for nomination for a
school board office shall be conducted in the same manner as
voting and tabulation is conducted for county offices on the same
primary election ballot. The precinct election boards serving in
each county shall conduct the primary election for the nomination
of candidates 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 the nomination of candidates for members of the
governing body. Only the voters of a political party may vote for
the candidates of that political party. The candidates of a political
party who receive the greatest number of votes are the nominees
of that political party.
(d) All nominees shall be listed for each office on the general
election ballot in the form prescribed by IC 3-11-3. Voting and
tabulation of votes for election for a school board office shall be
conducted in the same manner as voting and tabulation is
conducted for county offices on the same general election ballot.
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 members of the governing body.
(e) 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 by political
party in the form prescribed by IC 3-10-1 for primary elections.
Nominees shall be placed on the ballot by political party in the
form prescribed by IC 3-11-2 for general elections. Only voters of
a political party may vote for candidates of that political party in
primary elections. The candidates of each political party who
receive the most votes in primary elections are the nominees of that
political party. Nominees who receive the most votes in general
elections are elected.
(f) 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, candidates for the governing body
shall be placed on the ballot by residence districts and by political
party in the form prescribed by IC 3-10-1 for primary elections.
Nominees shall be placed on the ballot by residence districts and by
political party in the form prescribed by IC 3-11-2 for general
elections. The ballot must state the number of members to be voted
on and the maximum number of members that may be nominated
and elected from each residence district as provided in the plan.
Only voters of a political party may vote for candidates of that
political party in primary elections. The candidates of a political
party who receive the most votes in primary elections are the
nominees of that political party. Nominees who receive the most
votes in general elections are elected.
(g) If the plan provides that members of the governing body are
to be elected from electoral districts solely by the voters of each
district, candidates residing in each electoral district shall be
placed on the primary election ballot by political party in the form
prescribed by IC 3-10-1. Only voters of a political party in an
electoral district may vote for candidates of that political party in
primary elections. The candidates of a political party residing in
the electoral district who receive the most votes in the primary
election are the nominees of that political party. Nominees residing
in each electoral district shall be placed on the general election
ballot in the form prescribed by IC 3-11-2. The ballot must state
the number of members to be voted on from the electoral district.
Nominees residing in the electoral district who receive the most
votes in the general election are elected.
vacancy on the governing body for any reason, including the failure of
the sufficient number of petitions for candidates being filed, whether
if the vacating member was elected or appointed, the remaining
members of the governing body, whether or not a majority of the
governing body, shall by a majority vote fill the vacancy by appointing
a person from within the boundaries of the community school
corporation to serve for the term or balance of the term. An individual
appointed under this subsection must possess the qualifications
provided for a regularly elected or appointed governing body member
filling the office. If:
(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. If the vacating member was elected, the vacancy shall
be filled as provided in IC 3-13-7.
(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.
corporation may be organized under this section.
(b) The governing body consists of seven (7) members, elected as
follows:
(1) Four (4) members elected from districts, with one (1) member
serving from each electoral district. A member elected under this
subdivision must be:
(A) a resident of the electoral district from which the member
is elected; and
(B) voted upon by only the registered voters residing within
the electoral district and voting at a governing body election.
(2) Three (3) members, who are voted upon by all the registered
voters residing within the school corporation and voting at a
governing body election, elected under this subdivision. The
governing body shall establish three (3) residential districts as
follows:
(A) One (1) residential district must be the township that has
the greatest population within the school corporation.
(B) Two (2) residential districts must divide the remaining
area within the school corporation.
Only one (1) member who resides within a particular residential
district established under this subdivision may serve on the
governing body at a time.
(c) A member of the governing body who is:
(1) elected from an electoral or a residential district; or
(2) appointed to fill a vacancy from an electoral or a residential
district;
must reside within the boundaries of the district the member represents.
(d) A vacancy on the governing body shall be filled by the
governing body as soon as practicable after the vacancy occurs. as
provided in IC 3-13-7. A member chosen by the governing body to fill
a vacancy holds office for the remainder of the unexpired term.
(e) The members of the governing body serving at the time a plan
is amended under this section shall establish the electoral and
residential districts described in subsection (b).
(f) The electoral districts described in subsection (b)(1):
(1) shall be drawn on the basis of precinct lines;
(2) may not cross precinct lines; and
(3) as nearly as practicable, be of equal population, with the
population of the largest exceeding the population of the smallest
by not more than fifteen percent (15%).
(g) The residential districts described in subsection (b)(2) may:
(1) be drawn in any manner considered appropriate by the
governing body; and
(2) be drawn along township lines.
(h) The governing body shall certify the districts established under
subsections (f) and (g) to:
(1) the state board; and
(2) the county election board of the county in which the school
corporation is located.
(i) The governing body shall designate:
(1) three (3) of the districts established under this section to be
elected at the first school board election that occurs after the
effective date of the plan; and
(2) the remaining four (4) districts to be elected at the second
school board election that occurs after the effective date of the
plan.
(1) at the time specified in the resolutions provided in section 3 or 4 of this chapter; or
(2) if a time is not specified, at the following times:
(A) If a protest has not been filed and the creation is accomplished by the adoption of a joint resolution following publication of notice as provided in section 3 of this chapter, thirty (30) days after the adoption of the joint resolution.
(B) If the creation is accomplished after an election as provided in section 6 of this chapter, thirty (30) days after the election.
(b) The members of the governing body shall:
(1) take an oath to faithfully discharge the duties of office; and
(2) meet at least five (5) days before the time the new consolidated school corporation comes into existence to organize.
(c) The governing body shall meet to reorganize on August 1 of each year and at any time the personnel of the board is changed. At the organization or reorganization meeting, the members of the governing body shall elect the following:
(1) A president.
(2) A secretary.
(3) A treasurer.
(d) The treasurer, before starting the duties of the treasurer's office,
shall execute a bond to the acceptance of the county auditor. The fee
for the bond shall be paid from the school general fund of the
consolidated school corporation. Any vacancy occurring in the
membership in any governing body, other than vacancy in the office of
an ex officio member, shall be filled in the following manner:
(1) If the membership was originally made by appointment, the
vacancy shall be filled by appointment by the legislative body of
the:
(A) city;
(B) town;
(C) township; or
(D) other body;
or other official making the original appointment.
(2) If the membership was elected, the vacancy shall be filled by
a majority vote of the remaining members of the governing body
of the consolidated school corporation. as provided in IC 3-13-7.
(e) The members of the governing body, other than the township
executive or ex officio member, shall receive compensation for services
as fixed by resolution of the governing body. The members, other than
the township executive or any ex officio member, may not receive more
than two hundred dollars ($200) annually. Any:
(1) township executive; or
(2) ex officio member of the governing body;
shall serve without additional compensation.
(f) The governing body of a consolidated school corporation may
elect and appoint personnel it considers necessary.
(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 candidate for the board must file in accordance with IC 3-8-2 a declaration of candidacy signed by the candidate. The declaration must be filed in accordance with IC 3-8-2 with the circuit court clerk of each county in which the metropolitan school district is located.
(c) All candidates for nomination shall be listed by board member district and political party on the primary election ballot in the form prescribed by IC 3-10-1. The ballot must state the number of board members to be voted on and the maximum number of candidates that may be nominated from each board member district as provided under section 5 of this chapter. Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation is conducted for county offices on the same primary election ballot. The precinct election boards serving in each county shall conduct the primary election for the nomination of candidates for school board members. If a metropolitan school district 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 the nomination of candidates for school board members. Only voters of a political party may vote for candidates of that political party in primary elections. The candidates of a political party residing in each board member district who receive the most votes in the primary election are the nominees of that political party.
(d) 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) by political party.
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.
(e) The precinct election boards in each county serving at the general election shall conduct the election for school board members.
(f) 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.
(g) 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, if the vacating member was appointed, the remaining members of the board, whether or not a majority of the board, shall by a majority vote fill the vacancy by appointing a person from the board member district to serve for the term or the balance of the term. If the vacating member was elected, the vacancy shall be filled as provided in IC 3-13-7.
(h) 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.
(i) After the first general election referred to in subsection (h), 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) If elected,
(A) nominated at a primary election at which county officials are nominated; and
(B) elected at a 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.
body may not be adopted more than once each six (6) years, except if
either of the following applies:
(1) the plan only changes the time of voting for board members
from the primary to the general election or from the general to the
primary election;
(2) (1) A plan adopted is declared or held to be invalid by a
binding judgment or order in a United States or an Indiana court
that no appeal or further approval can be taken. or
(3) (2) The plan provides solely for changes in items specified in
section 7(a)(5) of this chapter.
(1) nominated at the primary election for; and
(2) elected at;
the first
(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.
(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) Each prospective candidate must file a
(A) The name of the prospective candidate.
(B) The district in which the prospective candidate resides.
(2) All candidates for nomination shall be listed by political party and board member district on the primary election ballot in the form prescribed by IC 3-10-1. Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation is conducted for county offices on the same primary election ballot. Only eligible voters of a political party residing in the district may vote for a candidate of that political party. The candidate of each political party within each district who receives the greatest number of votes in the district is the nominee of that political party.
(3) Nominees shall be listed by board member district on the general election ballot in the form prescribed by IC 3-11-2.
the greatest number of votes in the district is elected.
(b) The at-large member elected under section 3(c) of this chapter
is determined as follows:
(1) Each prospective candidate must file a nomination petition
declaration of candidacy signed by the candidate in
accordance with IC 3-8-2 with the clerk of the circuit court. at
least seventy-four (74) days before the election at which the
at-large member is to be elected. The petition must The
declaration must be filed in accordance with IC 3-8-2-4 and,
in addition to the information required by IC 3-8-2-7, include
the following information:
(A) The name of the prospective candidate.
(B) The signatures of at least one hundred (100) registered
voters residing within the school corporation.
(C) (B) The fact that the prospective candidate is running for
the at-large position on the governing body.
(D) (C) A certification that the prospective candidate meets
the qualifications for candidacy imposed by this chapter.
(2) All candidates for nomination shall be listed by political
party on the primary election ballot in the form prescribed by
IC 3-10-1. Voting and tabulation of votes shall be conducted
in the same manner as voting and tabulation is conducted for
county offices on the same primary election ballot. Only
eligible voters of a political party residing in the school
corporation may vote for a candidate of that political party.
The candidate of a political party who receives the greatest
number of votes is the nominee of that political party.
(3) Nominees shall be listed on the general election ballot in
the form prescribed by IC 3-11-2.
(2) (4) Only eligible voters residing in the school corporation may
vote for a candidate. nominee.
(3) (5) The candidate nominee who:
(A) runs for the at-large position on the governing body; and
(B) receives the greatest number of votes in the school
corporation;
is elected to the at-large position.
(1) Three (3) of the members elected under section 3(b) of this chapter are:
(A) nominated at the primary election; and
(B) elected at the
to be held in
(2) Three (3) of the members elected under section 3(b) of this chapter are:
(A) nominated at the primary election; and
(B) elected at the
to be held in
(3) The at-large member elected under section 3(c) of this chapter is:
(A) nominated at the primary election; and
(B) elected at the
to be held in
(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.
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:
(1) nominate the members of the governing body at a primary election; and
(2) 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 declaration of candidacy in accordance with IC 3-8-2 with the county election board in each county in which a school corporation subject to this chapter is located.
(d) All candidates for nomination shall be listed by political party on the primary election ballot in the form prescribed by IC 3-10-1. Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation is conducted for county offices on the same primary election ballot. Only eligible voters of a political party may vote for a candidate of that political party. The candidates of a political party who receive the greatest number of votes are the nominees of that political party.
(e) Nominees shall be listed on the general election ballot in the form prescribed by IC 3-11-2.
(f) Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation is conducted for county offices on the same general election ballot. The nominees receiving the greatest number of votes are elected to the governing body.
(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.
(b) Three (3) of the members are elected from the school districts referred to in section 4 of this chapter by eligible voters residing in the school districts. 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) Two (2) of the members:
(1) are elected by eligible voters residing in the school corporation;
(2) are at-large members of the governing body; and
(3) upon election and in conducting the business of the governing body, represent the interests of the entire school corporation.
(1) Each prospective candidate must file a
(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) Nominees shall be listed on the general election ballot in the form prescribed by IC 3-11-2.
(c) Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation is conducted for county offices on the same general election ballot.
receive the greatest number of votes of all at-large candidates
nominees are elected.
(b) The term of each person elected to serve on the governing body begins on the
(1) Three (3) of the members are:
(A) nominated at the primary election; and
(B) elected at the
to be held in
(2) Two (2) of the members are:
(A) nominated at the primary election; and
(B) elected at the
to be held in
(1)
(2) elected in
(b) Five (5) of the members shall be elected from the school districts in which the members reside as established under section 7 of this chapter.
(c) Two (2) of the members shall be elected at large.
(1) An individual who runs for one (1) of the district positions on the governing body must reside within that district.
(2) Upon filing
specify that the candidate is running for a district position.
(3) All candidates for nomination shall be listed by political
party on the primary election ballot in the form prescribed by
IC 3-10-1. Voting and tabulation of votes shall be conducted
in the same manner as voting and tabulation is conducted for
county offices on the same primary election ballot. Only
eligible voters of the candidate's political party residing in the
candidate's district may vote for the candidate. The candidates of
a political party who receive the greatest number of votes are
the nominees of that political party.
(4) Nominees shall be listed on the general election ballot in
the form prescribed by IC 3-11-2. Voting and tabulation of
votes shall be conducted in the same manner as voting and
tabulation is conducted for county offices on the same general
election ballot. Only eligible voters residing in the nominees'
district may vote for a nominee. The candidate nominee who
receives the greatest number of votes of all candidates nominees
for the position wins.
(1) An individual who runs for one (1) of the at-large positions on the governing body must reside within the boundaries of the school corporation.
(2) Upon filing
(3) All candidates for nomination shall be listed by political party on the primary election ballot in the form prescribed by IC 3-10-1. Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation is conducted for county offices on the same primary election ballot. Eligible voters of the candidate's political party from all districts may vote for the candidate. The candidates of a political party who receive the greatest number of votes are the at-large nominees of that political party.
(4) Nominees shall be listed on the general election ballot in the form prescribed by IC 3-11-2. Voting and tabulation of votes shall be conducted in the same manner as voting and
tabulation is conducted for county offices on the same general
election ballot. Eligible voters from all districts may vote for
the nominees. The two (2) candidates at-large nominees who
receive the greatest number of votes win.
(1) must be:
(A) nominated in primary elections; and
(B) elected
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)
(e) Nominees shall be listed by district or at-large position on the general election ballot in the form prescribed by IC 3-11-2. Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation is conducted for county offices on the same general election ballot. Only eligible voters residing in the district
may vote for a nominee of that district. Eligible voters residing in
all districts may vote for an at-large nominee. A candidate nominee
who runs for a district or an at-large position wins if the candidate
nominee receives the greatest number of votes of all the candidates
nominees 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. as provided by
IC 3-13-7. 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 shall be filled in accordance with
subsection (h) IC 3-13-7 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.
SECTION 54. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 3-8-2-2.6; IC 3-11-2-12.9; IC 3-11-2-14.5; IC 3-11-14-12; IC 20-23-4-29; IC 20-23-7-8; IC 20-23-13-2.
