Introduced Version






SENATE BILL No. 35

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-8-6.

Synopsis: Recall elections. Provides for the recall of an elected or appointed school board member or a town legislative body member if the public access counselor has issued an advisory opinion that determines that the school board or the town legislative body has violated a public access law.

Effective: July 1, 2005.





Drozda




    January 4, 2005, read first time and referred to Committee on Rules and Legislative Procedure.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 35



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

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

    SECTION 1. IC 5-8-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
     Chapter 6. Recall From Certain Offices
    Sec. 1. This chapter applies only to an individual who holds any of the following offices:
        (1) An elected or appointed school board office.
        (2) A town legislative body office.
    Sec. 2. The definitions in IC 3-5-2, IC 5-14-4, and IC 36-1-2 apply to this chapter.
    Sec. 3. Except as provided in sections 4 and 18 of this chapter, an individual may be removed from office under Article 6, Section 8 of the Constitution of the State of Indiana by recall of the voters of:
        (1) the election district that the individual represents, if the individual holds an elected office; or
        (2) the school corporation governed by the school board of

which the individual is a member, if the individual holds an appointed school board office.
    Sec. 4. An individual may be removed from office by recall under this chapter only if both of the following apply:
        (1) The counselor has issued an advisory opinion under IC 5-14-5 determining that the:
            (A) school board; or
            (B) town legislative body;
        on which the individual serves has violated a public access law.
        (2) If neither of the following applies on the date an application for a certified recall petition is filed:
            (A) The individual has held the office for not more than six (6) months.
            (B) The individual's term of office or appointment expires on a date specified by law or resolution, and the expiration date is within one (1) year.
    Sec. 5. (a) The commission shall prescribe the following:
        (1) The form for an application for a recall petition.
        (2) The form for a recall petition.
    (b) The forms prescribed under subsection (a) must identify both of the following:
        (1) The individual who is subject to the petition.
        (2) The office the individual holds.
    Sec. 6. (a) Before circulating a recall petition or obtaining signatures, the sponsor of the recall petition must do the following:
        (1) Complete an application for a recall petition.
        (2) File the completed application with the circuit court clerk of the county that contains the greatest percentage of population of the school corporation or the town.
        (3) Obtain from the officer with whom the application was filed the form for a recall petition.
    (b) A copy of the counselor's advisory opinion must be attached to the application.
    (c) A circuit court clerk providing a form for a recall petition under this section shall note on the form the date on which the application for the petition was filed.
    Sec. 7. The sponsor of the recall petition may make copies of the form obtained under section 6(a)(3) of this chapter to provide space for additional signatures, if no signatures were placed on the form before duplication.
    Sec. 8. The sponsor of the recall petition must do the following

to have the recall petition certified:
        (1) Obtain the signatures of at least ten percent (10%) of the registered voters of:
            (A) the election district of:
                (i) an elected school board member; or
                (ii) a town legislative body member;
            subject to the recall; or
            (B) the school corporation served by an appointed school board member subject to the recall.
        (2) File the recall petition with the circuit court clerk who received the application for the sponsor's recall petition under section 6 of this chapter not later than noon sixty (60) days after the date the application was filed.
    Sec. 9. A circuit court clerk who receives a recall petition under section 8 of this chapter shall determine whether the required number of registered voters have signed the petition by examining the registration records of the circuit court clerk or board of registration of each county in which the election district or school corporation is located.
    Sec. 10. Not later than noon thirty (30) days after the petition is filed under section 8 of this chapter, the circuit court clerk shall determine whether the petition complies with section 8 of this chapter and do one (1) of the following:
        (1) If the petition complies with section 8 of this chapter, certify the recall petition.
        (2) Deny certification and require the sponsor of the petition to make specific amendments to the petition to comply with section 8 of this chapter before granting certification.
    Sec. 11. If the circuit court clerk who received a recall petition denies certification of the recall petition under section 10 of this chapter, the circuit court clerk shall immediately notify the petition's sponsor of the denial by certified mail.
    Sec. 12. Whenever a circuit court clerk certifies a recall petition under section 10 of this chapter, the circuit court clerk shall certify this determination to the county election board of the county where the recall petition was certified.
    Sec. 13. (a) The county election board receiving a certification under section 12 of this chapter shall issue an order for a recall election to be held at the next primary or general election to be held more than sixty (60) days after the date the recall petition is certified.
    (b) If the individual subject to the recall resigns from office and

the resignation is effective not later than fourteen (14) days after the recall petition is certified, the county election board may not order a recall election under this section.
    (c) Unless the individual subject to the recall resigns as provided in subsection (b), a recall election shall be held on the date specified by the county election board in the order issued under subsection (a).
    Sec. 14. A recall election ordered under this chapter shall be held in:
        (1) the election district of:
            (A) an elected school board member; or
            (B) a town legislative body member;
        subject to the recall; or
        (2) each precinct wholly or partially located in the school corporation of an appointed school board member subject to the recall.
    Sec. 15. Except as provided in this chapter, IC 3 governs a recall election under this chapter.
    Sec. 16. The county election board of each county in which a recall election is conducted shall place the following public question on the ballot in the form provided by IC 3-10-9-4:
        "Shall _________________________ (insert the name of the school board member or town legislative body member as the name appeared on the certified recall petition) be recalled from the office of (insert "school board member" or "town legislative body member", whichever applies) for _________________________ (insert the name of the school corporation or town where the member who is the subject of the certified recall petition holds office)?".
    Sec. 17. (a) If a majority of the votes cast on the public question under section 16 of this chapter are in favor of the recall, the individual is removed from office when the public question is declared approved under:
        (1) IC 3-12-4-9; or
        (2) IC 3-12-5-2.
    (b) Notwithstanding any other law, if the individual resigns or is removed from office under this chapter, the individual may not be selected or elected to fill the vacancy created by the resignation or removal.
    Sec. 18. If a majority of the votes cast on a public question under section 16 of this chapter are opposed to the recall, the following apply during the term of office or appointment of the individual

subject to the recall election:
        (1) The individual subject to the recall election may not be subject to another recall election.
        (2) The circuit court clerk who received the recall petition may not certify another recall petition for the recall of the individual.
    Sec. 19. A vacancy in an elected office resulting from the removal of the individual subject to a recall election under this chapter shall be filled under IC 3-13.