SB 14-2_ Filed 04/07/2005, 15:23 ChairPerson


COMMITTEE REPORT

    Mr. Speaker: Pursuant to Joint Rule 20, your Committee on Rules and Legislative Procedures, to which was referred Engrossed Senate Bill 14 because it conflicts with HEA 1288-2005 without properly recognizing the existence of HEA 1288-2005, has had Engrossed Senate Bill 14 under consideration and begs leave to report back to the House with the recommendation that Engrossed Senate Bill 14 be corrected as follows:

    Page 23, between lines 6 and 7, begin a new paragraph and insert:
    "SECTION 28. IC 20-23-4-29, AS ADDED BY HEA 1288-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 29. (a) This section applies to each school corporation.
    (b) If a plan provides for the election of members of the governing body of the community school corporation at a primary election, at the time provided by IC 3-8-2 for the filing of notice of candidacies for the primary election following the creation of the community school corporation, nominations for members of the governing body of the community school corporation may be made by a petition signed by the candidates and ten (10) registered voters residing within the boundaries of the community school corporation.
    (c) A petition must be filed with the circuit court clerk of the county that contains the greatest percentage of population of the school corporation. If the plan requires residence in a specified district or voting solely in a specified district for a governing body member office, the petition must clearly state the residence or electoral district from or for which the person is a candidate. If a school corporation is located in more than one (1) county, the circuit court clerk shall, after determining that a petition complies with subsection (b), promptly certify to each circuit court clerk of a county in which the school corporation is located, the names of the candidates to be placed on the ballot.
    (d) If a plan provides for an election of members of the governing body at a general election, the filing of notice of candidates must be

made in the manner provided for filing at primary elections under this section. The filing must be made within the same period before the general election as would have been required before the primary election had the election been held at the latter time.
    (e) All nominations shall be listed for each office in the form prescribed by IC 3-10-1-19 or IC 3-11-2 IC 3-11 but without party designation. Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation in primary elections are conducted. The precinct election boards serving at each primary election in each county shall conduct the election for governing board members. If a school corporation is located in more than one (1) county, each county election board shall print the ballots required for voters in that county to vote for candidates for members of the board of school trustees of the school corporation.
    (f) If the plan provides that the governing body shall be elected by all the voters of the community school corporation, candidates shall be placed on the ballot in the form prescribed by IC 3-10-1-19 or IC 3-11-2 IC 3-11 without party designation. Candidates elected shall be those having the greatest number of votes.
    (g) If the plan provides that members of the governing body are to be elected from residence districts by all voters in the community school corporation, nominees for the governing body shall be placed on the ballot in the form prescribed by IC 3-10-1-19 or IC 3-11-2 IC 3-11 by residence districts without party designation. The ballot must state the:
        (1) number of members to be voted upon; and
        (2) maximum number that may be elected from each residence district as provided in the plan.
A ballot is not valid if a voter votes for more than the maximum number of members that are determined under subdivision (2). Candidates having the greatest number of votes are elected. However, if more than the maximum number that may be elected from a residence district are among those having the greatest number of votes, the lowest of those candidates from the residence districts in excess of the maximum number shall be eliminated in determining the candidates who are elected.
    (h) If the plan provides that members of the governing body are to be elected from electoral districts solely by the voters of each district, nominees residing in each electoral district shall be placed on the ballot:
        (1) in the form prescribed by IC 3-10-1-19 or IC 3-11-2; IC 3-11; and


        (2) without party designation.
The ballot must state the number to be voted on from the electoral district. Candidates residing in the electoral district having the greatest number of votes are elected.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 14 as printed March 25, 2005.)

______________________________________

Representative Whetstone, Chairperson

______________________________________

Representative Pelath, R.M.M.

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Representative Richardson, Author


JR 001401/DI 55
2004