SECTION 1. IC 1-1-9-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The following are legal
holidays within the state of Indiana for all purposes:
New Year's Day, January 1.
Martin Luther King, Jr.'s Birthday, the third Monday in January.
Abraham Lincoln's Birthday, February 12.
George Washington's Birthday, the third Monday in February.
Good Friday, a movable feast day.
Memorial Day, the last Monday in May.
Independence Day, July 4.
Labor Day, the first Monday in September.
Columbus Day, the second Monday in October.
Election Day, the day of any general, municipal, or primary
election.
Veterans Day, November 11.
Thanksgiving Day, the fourth Thursday in November.
Christmas Day, December 25.
Sunday, the first day of the week.
(b) When any of these holidays, other than Sunday, comes on
Sunday, the following Monday shall be the legal holiday. When any of
these holidays comes on Saturday, the preceding Friday shall be the
legal holiday.
(c) The provisions of This section shall does not affect any action
taken by the state, the general assembly while in session, and or a
political subdivision (as defined in IC 36-1-2-13). Any action taken
by the state, the general assembly, or a political subdivision on any
such holiday shall be valid for all purposes.
SECTION 2. IC 3-6-4.2-14, AS AMENDED BY P.L.38-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 14. (a) Each year in which a general or
municipal election is held, the election division shall call a meeting of
all the members of the county election boards and the boards of
registration to instruct them as to their duties under this title. The
election division may, but is not required to, call a meeting under
this section during a year in which a general or a municipal
election is not held.
(b) Each circuit court clerk shall attend the a meeting called by the
election division under this section.
(b) (c) The co-directors of the election division shall set the time and
place of the instructional meeting. In years in which a primary election
is held, the election division:
(1) may conduct the meeting before the first day of the year;
and
(2) shall conduct the meeting before primary election day.
The instructional meeting may not last for more than two (2) days.
(c) (d) Each member of a county election board or board of
registration is entitled to receive all of the following:
(1) A per diem of twenty-four dollars ($24) for attending the
instructional meeting required called by the election division
under this section.
(2) A mileage allowance at the state rate for the distance
necessarily traveled in going and returning from the place of the
instructional meeting required called by the election division
under this section.
(3) Reimbursement for the payment of the instructional meeting
registration fee from the county general fund without
appropriation.
(4) An allowance for lodging for each night preceding conference
attendance equal to the lodging allowance provided to state
employees in travel status.
SECTION 3. IC 3-6-5.2-6, AS AMENDED BY P.L.176-1999,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) The board has all of the powers and
duties given in this title (and powers and duties concerning elections
or voter registration given in other titles of the Indiana Code) to the
following:
(1) The county election board.
(2) The board of registration.
(3) The circuit court clerk.
(4) The county executive.
(b) The director appointed under section 7 of this chapter shall
perform all the duties of the circuit court clerk under this title and
perform the election or voter registration duties of the circuit court
clerk under other titles of the Indiana Code. The board shall perform
all the duties of the county executive under this title and perform the
election duties of the county executive under other titles of the
Indiana Code.
SECTION 4. IC 3-8-1-1.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1.6. (a) This
section does not apply to a candidate for a school board office. unless
the candidate is required to file a campaign finance statement of
organization under IC 3-9-1-5 or IC 3-9-1-5.5.
(b) Not later than noon fourteen (14) days after the final day for
filing a declaration of candidacy, declaration of intent to be a write-in
candidate, petition of nomination, certificate of nomination, or
certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8, the
election division or county election board shall determine if a candidate
has complied with IC 3-9-1-5 or IC 3-9-1-5.5 (if applicable) by filing
any campaign finance statement of organization required for the
candidate's committee.
SECTION 5. IC 3-8-2-2.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 2.2. (a) A
candidate for a school board office must file a petition of nomination
in accordance with IC 3-8-6 and as required under IC 20-3 or IC 20-4.
The petition of nomination, once filed, serves as the candidate's
declaration of candidacy for a school board office.
(b) A candidate for a school board office is not required to file a
statement of organization for the candidate's principal committee by
noon seven (7) days after the final date for filing a petition of
nomination or declaration of intent to be a write-in candidate unless the
candidate has received contributions or made expenditures requiring
the filing of a statement under IC 3-9-1-5. IC 3-9-1-5.5.
SECTION 6. IC 3-8-2-2.5, AS AMENDED BY P.L.202-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2001]: Sec. 2.5. (a) A person who desires to be a write-in
candidate for a federal, state, legislative, or local office or school board
office in a general, municipal, or school board election must file a
declaration of intent to be a write-in candidate with the officer with
whom declaration of candidacy must be filed under sections 5 and 6 of
this chapter.
(b) The declaration of intent to be a write-in candidate required
under subsection (a) must be signed before a person authorized to
administer oaths and must certify the following information:
(1) The candidate's name must be printed or typewritten as:
(A) the candidate wants the candidate's name to appear on the
ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(2) A statement that the candidate is a registered voter and the
location of the candidate's precinct and township (or ward and city
or town), county, and state.
(3) The candidate's complete residence address, and if the
candidate's mailing address is different from the residence
address, the mailing address.
(4) The candidate's party affiliation or a statement that the
candidate is an independent candidate (not affiliated with any
party).
(5) A statement of the candidate's intention to be a write-in
candidate, the name of the office, including the district, and the
date and type of election.
(6) If the candidate is a candidate for the office of President or
Vice President of the United States, a statement declaring the
names of the individuals who have consented and are eligible to
be the candidate's candidates for presidential electors.
(7) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by this
subdivision.
(8) A statement as to whether the candidate has:
(A) been a candidate for state or local office in a previous
primary or general election; and
(B) filed all reports required by IC 3-9-5-10 for all previous
candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the
candidate has filed a campaign finance statement of organization
for the candidate's principal committee or is aware that the
candidate may be required to file a campaign finance statement of
organization not later than noon seven (7) days after the final date
to file the declaration of intent to be a write-in candidate under
section 4 of this chapter.
(10) A statement that If the individual is a candidate for a school
board office, is subject to IC 3-9-1-5.5, a statement that the
candidate is required to file a campaign finance statement of
organization under IC 3-9 after the first of either of the following
occurs:
(A) The candidate receives more than five hundred dollars
($500) in contributions. as a school board candidate.
(B) The candidate makes more than five hundred dollars
($500) in expenditures. as a school board candidate.
(11) A statement that the candidate complies with all
requirements under the laws of Indiana to be a candidate for the
above named office, including any applicable residency
requirements, and that the candidate is not ineligible to be a
candidate due to a criminal conviction that would prohibit the
candidate from serving in the office.
(12) The candidate's signature and telephone number.
(c) At the time of filing the declaration of intent to be a write-in
candidate, the write-in candidate is considered a candidate for all
purposes.
(d) A write-in candidate must comply with the requirements under
IC 3-8-1 that apply to the office to which the write-in candidate seeks
election.
(e) A person may not be a write-in candidate in a contest for
nomination or for election to a political party office.
(f) A write-in candidate for the office of President or Vice President
of the United States must list at least one (1) candidate for presidential
elector and may not list more than the total number of presidential
electors to be chosen in Indiana.
(g) The commission shall provide that the form of a declaration of
intent to be a write-in candidate includes the following information
near the separate signature required by subsection (b)(7):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under
IC 3-9.
(h) A declaration of intent to be a write-in candidate must include
a statement that the candidate requests the name on the candidate's
voter registration record be the same as the name the candidate uses on
the declaration of intent to be a write-in candidate. If there is a
difference between the name on the candidate's declaration of intent to
be a write-in candidate and the name on the candidate's voter
registration record, the officer with whom the declaration of intent to
be a write-in candidate is filed shall forward the information to the
voter registration officer of the appropriate county as required by
IC 3-5-7-6(e). The voter registration officer of the appropriate county
shall change the name on the candidate's voter registration record to be
the same as the name on the candidate's declaration of intent to be a
write-in candidate.
SECTION 7. IC 3-8-6-12, AS AMENDED BY P.L.176-1999,
SECTION 33, AND AS AMENDED BY P.L.202-1999, SECTION 8,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2001]: Sec. 12. (a) A petition of
nomination for an office filed under section 10 of this chapter must be
filed with and certified by the person with whom a declaration of
candidacy must be filed under IC 3-8-2.
(b) The petition of nomination must be accompanied by the
following:
(1) Each The candidate's written consent to become a candidate.
(2) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by this
subdivision.
(3) If the candidate is subject to IC 3-9-1-5, a statement by the
candidate that the candidate has filed a campaign finance
statement of organization under IC 3-9-1-5 or is aware that the
candidate may be required to file a campaign finance statement of
organization not later than noon seven (7) days after the final date
for filing a petition for nomination under section 10 of this
chapter.
(4) A statement that If the individual is a candidate for a school
board office, is subject to IC 3-9-1-5.5, a statement by the
candidate that the candidate is aware of the requirement to file
a campaign finance statement of organization under IC 3-9 after
the first of either of the following occurs:
(A) The candidate receives more than five hundred dollars
($500) in contributions. as a school board candidate.
(B) The candidate makes more than five hundred dollars
($500) in expenditures. as a school board candidate.
committee.
(c) This subsection applies to a candidate for school board office.
Not later than noon ten (10) days after either:
(1) the candidate receives more than five hundred dollars ($500)
in contributions as a school board candidate; or
(2) the candidate makes more than five hundred dollars ($500) in
expenditures as a school board candidate;
whichever occurs first, the candidate shall file a written instrument
designating the name of the principal committee and the names of the
chairman and treasurer of the committee.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee.
SECTION 10. IC 3-9-1-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2001]: Sec. 5.5. (a) This section applies to the
following candidates:
(1) A candidate for a local office for which the compensation
is less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) A candidate shall have a principal committee.
(c) Not later than noon ten (10) days after either:
(1) the candidate receives more than five hundred dollars
($500) in contributions; or
(2) the candidate makes more than five hundred dollars
($500) in expenditures;
whichever occurs first, the candidate shall file a written instrument
designating the name of the principal committee and the names of
the chairman and treasurer of the committee.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee.
SECTION 11. IC 3-9-1-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2001]: Sec. 6. If a candidate fails to file
the instrument required by section 5 or 5.5 of this chapter, the
candidate's principal committee is designated as "the
____________(insert the name of the candidate) for _________ (insert
the title of the office sought by the candidate) committee". The
candidate is then both chairman and treasurer of the committee.
SECTION 12. IC 3-9-2-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2001]: Sec. 1. (a) Except as provided in
subsections (b) and (c), this chapter applies to candidates in all
elections and caucuses and to the following types of committees:
(1) Candidate's committees.
appointed members of the county election board shall observe the tests
test required by section 22 of this chapter and certify the tests test as
meeting the requirements of section 22 of this chapter.
(b) A copy of the certification of the test conducted under section
22(b) of this chapter shall be transmitted to the election division
immediately, and another copy shall be filed with the election returns.
(c) The tests test must be open to representatives of political parties,
candidates, the media, and the public.
SECTION 18. IC 3-11-13-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 1, 1999 (RETROACTIVE)]:
Sec. 24. The tests test required by section 22 of this chapter must:
(1) include the visual inspection of the voting devices for the
correct alignment of the card stock and the templates for proper
punching;
(2) be conducted by processing a preaudited group of ballot cards
punched or marked so as to record a predetermined number of
valid votes for each candidate and on each public question; and
(3) include for each office one (1) or more ballot cards that have
votes in excess of the number allowed by law in order to test the
ability of the automatic tabulating machines to reject the votes.
SECTION 19. IC 3-11-13-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 1, 1999 (RETROACTIVE)]:
Sec. 25. If an error is detected during the tests test required by section
22 of this chapter, the cause of the error shall be determined and
corrected, and an errorless count shall be made before the automatic
tabulating machines are approved.
SECTION 20. IC 3-11-13-26, AS AMENDED BY P.L.176-1999,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 1, 1999 (RETROACTIVE)]: Sec. 26. (a) The public test
required by section 22(b) of this chapter shall be repeated and certified
again in the same manner immediately before the start of the official
count of the ballot cards.
(b) The certification shall be filed with the election returns but is not
required to be filed with the election division.
(c) After the completion of the count, the county election board shall
conduct a posttest using the same sample included in the public test
conducted under section 22(b) of this chapter. The county election
board shall certify the results of the posttest and file the certification
with the election returns. A copy of the posttest certification is not
required to be filed with the election division.
(d) After completion of the posttest, count, the tested tabulating
machines shall be sealed in the same manner as voting machines under
IC 3-12-2.5-6. The ballot cards and all other election materials shall be
sealed, retained, and disposed of as provided for paper ballots.
SECTION 21. IC 3-13-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. A candidate
vacancy for a legislative office shall be filled by a caucus comprised by
the precinct committeemen and vice committeemen of the political
party whose precincts are within the senate or house district.
SECTION 22. IC 3-13-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Except as
provided in subsection (b), a candidate vacancy for a local office shall
be filled by:
(1) a caucus comprised of the precinct committeemen and vice
committeemen who are eligible to participate under section 10 of
this chapter; or
(2) the county chairman of the political party or a caucus
comprised of the chairman, vice chairman, secretary, and
treasurer of the county committee of the party, if:
(A) authorized to fill vacancies under this chapter by majority
vote of the county committee; and
(B) the election district for the local office is entirely within
one (1) county.
(b) A candidate vacancy for the office of circuit court judge or
prosecuting attorney in a circuit having more than one (1) county shall
be filled by a caucus comprised of the precinct committeemen and vice
committeemen who constitute the county committees of the political
party for all of the circuit.
SECTION 23. IC 3-13-1-10, AS AMENDED BY P.L.176-1999,
SECTION 114, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) To be eligible to
participate in a caucus called under section 7 of this chapter, an elected
precinct committeeman or vice committeeman must be entitled to vote
for the office for which a candidate is to be selected. An elected
precinct committeeman is eligible to participate in a caucus called
under this chapter, regardless of when the ballot vacancy occurred. The
vice committeeman of an elected precinct committeeman is eligible to
participate in a caucus called under this chapter, regardless of when the
ballot vacancy occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under section 7 of this chapter if the precinct
committeeman was a committeeman thirty (30) days before the
vacancy occurred. The vice committeeman of an appointed precinct
committeeman is eligible to participate in a caucus called under section
7 of this chapter if the vice committeeman was a vice committeeman
thirty (30) days before the vacancy occurred.
SECTION 24. IC 3-13-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) At a
meeting called under section 7 of this chapter, the eligible participants
shall:
(1) establish the caucus rules of procedure, except as otherwise
provided in this chapter; and
(2) select, by a majority vote of those casting a vote for a
candidate, a person to fill the candidate vacancy described in the
call for the meeting.
(b) Voting by proxy is not allowed. If more than one (1) person
seeks to fill the vacancy, the selection shall be conducted by secret
ballot.
SECTION 25. IC 3-13-1-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) Except as provided
in this section, voting by proxy is not permitted in a caucus called
under section 7 of this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus called under section 7 of this chapter and vote as a proxy
for the vice committeeman's precinct committeeman if all of the
following apply:
(1) The vice committeeman's precinct committeeman is
otherwise eligible to participate in the caucus under this
chapter.
(2) The vice committeeman's precinct committeeman is not
present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman
is eligible to participate in a caucus called under section 7 of this
chapter and vote the precinct committeeman's proxy, regardless of
when the ballot vacancy occurred, if the vice committeeman was
the vice committeeman five (5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c),
the vice committeeman is eligible to participate in a caucus called
under section 7 of this chapter and vote the precinct
committeeman's proxy only if the vice committeeman was the vice
committeeman thirty (30) days before the ballot vacancy occurred.
SECTION 26. IC 3-13-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A vacancy in
a legislative office shall be filled by a caucus comprised of the precinct
committeemen from the senate or house district where the vacancy
exists who represent the same political party that elected or selected the
person who held the vacated seat.
(b) Not later than thirty (30) days after the vacancy occurs (or as
provided in subsection (c)), the caucus shall meet and select a person
to fill the vacancy by a majority vote of those casting a vote for a
candidate, including vice committeemen eligible under proxies filed to
vote as a proxy under section 5 of this chapter.
(c) A state chairman may give notice of a caucus before the time
specified under subsection (b) if a vacancy will exist because the
official has:
(1) submitted a written resignation under IC 5-8-3.5 that has not
yet taken effect; or
(2) been elected to another office.
(d) Notwithstanding IC 5-8-4, a person may not withdraw the
person's resignation after the resignation has been accepted by the
person authorized to accept the resignation less than seventy-two (72)
hours before the announced starting time of the caucus under this
chapter.
(e) The person selected must reside in the district where the vacancy
occurred.
SECTION 27. IC 3-13-5-4, AS AMENDED BY P.L.176-1999,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) To be eligible to
participate in a caucus called under this chapter, an elected precinct
committeeman must be entitled to vote for the legislative office for
which a successor is to be selected. An elected precinct committeeman
is eligible to participate in a caucus called under this chapter,
regardless of when the vacancy in the legislative office occurred. The
vice committeeman of an elected precinct committeeman is eligible to
participate in a caucus called under this chapter, regardless of when the
vacancy in the legislative office occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under this chapter if the precinct committeeman was
a committeeman thirty (30) days before the vacancy occurred. The vice
committeeman of an appointed precinct committeeman is eligible to
participate in a caucus called under this chapter if the vice
committeeman was a vice committeeman thirty (30) days before the
vacancy occurred.
(c) An individual eligible to participate in a caucus held under this
chapter has one (1) vote.
SECTION 28. IC 3-13-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Subject to
subsection (b), Except as provided in this section, voting by proxy is
not allowed in a caucus meeting held under this chapter.
(b) A precinct committeeman may designate a precinct vice
committeeman who:
(1) is a member of the same political party that elected or selected
the person who vacated the office to be filled;
(2) is the vice committeeman for the committeeman's precinct;
and
(3) has been a vice committeeman continuously for a period
beginning thirty (30) days before the date the vacancy occurred;
as the committeeman's proxy in a caucus meeting. A precinct
committeeman who is not eligible to participate in the caucus may
designate a precinct vice-committeeman who is eligible to participate
under this subsection as the representative of the precinct. To be
effective, the designation must be filed with the chairman of the caucus
meeting at least seventy-two (72) hours before the meeting. The
chairman of the caucus meeting shall read the list of the persons
eligible to vote under a proxy in the caucus meeting before any voting
occurs. A proxy may not be revoked after it is filed with the chairman
of the caucus meeting.
(c) If the vacancy to be filled under this chapter resulted from the
death of a person holding a legislative office who also served as a
precinct committeeman, the vice committeeman for that precinct is
eligible to participate in the caucus.
(b) A precinct vice committeeman is entitled to participate in a
caucus held under this chapter and vote as a proxy for the vice
committeeman's precinct committeeman if all of the following
apply:
(1) The vice committeeman's precinct committeeman is
otherwise eligible to participate in the caucus under this
chapter. This subdivision is satisfied if the vacancy to be filled
under this chapter resulted from the death of an individual
holding a legislative office who also served as a precinct
committeeman.
(2) The vice committeeman's precinct committeeman is not
present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman
is eligible to participate in a caucus held under this chapter and
vote the precinct committeeman's proxy, regardless of when the
ballot vacancy occurred, if the vice committeeman was the vice
committeeman five (5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c),
the vice committeeman is eligible to participate in a caucus held
under this chapter and vote the precinct committeeman's proxy
only if the vice committeeman was the vice committeeman thirty
(30) days before the ballot vacancy occurred.
(d) (e) Voting shall be conducted by secret ballot, and
IC 5-14-1.5-3(b) does not apply to this chapter.
SECTION 29. IC 3-13-11-5, AS AMENDED BY P.L.176-1999,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) To be eligible to be a
member of a caucus under this chapter, a precinct committeeman or
vice committeeman must satisfy the following:
(1) Be a member of the same political party that elected or
selected the person who vacated the office to be filled.
(2) Be the precinct committeeman or vice committeeman of a
precinct in which voters were eligible to vote for the person who
vacated the office to be filled at the last election conducted or
permitted for the office.
(3) Satisfy the other requirements of this section.
An elected precinct committeeman is eligible to participate in a caucus
called under this chapter, regardless of when the vacancy in the office
occurred. The vice committeeman of an elected precinct committeeman
is eligible to participate in a caucus called under this chapter,
regardless of when the vacancy in the office occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under this chapter if the precinct committeeman was
a precinct committeeman thirty (30) days before the vacancy occurred.
The vice committeeman of an appointed precinct committeeman is
eligible to participate in a caucus called under this chapter if the vice
committeeman was a vice committeeman thirty (30) days before the
vacancy occurred.
(c) If fewer than two (2) persons are eligible to be members of a
caucus under this section, the county chairman entitled to give notice
of a caucus under section 3 of this chapter shall fill the vacancy, no
later than thirty (30) days after the vacancy occurs. A chairman acting
under this subsection is not required to conduct a caucus.
(d) If the vacancy to be filled under this chapter resulted from the
death of a person holding a local office who also served as a precinct
committeeman, the vice committeeman for that precinct is eligible to
participate in the caucus.
SECTION 30. IC 3-13-11-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) Subject to
subsection (b), Except as provided in this section, a member of a
caucus under this chapter may not vote voting by proxy is not
permitted in a caucus held under this chapter.
(b) A precinct committeeman may designate a precinct vice
committeeman who:
(1) is a member of the same political party that elected or selected
the person who vacated the office to be filled;
(2) is the vice committeeman for the committeeman's precinct;
and
(3) has been a vice committeeman continuously for a period
beginning thirty (30) days before the date the vacancy occurred;
as the committeeman's proxy in a caucus meeting. A precinct
committeeman who is not eligible to participate in the caucus may
designate a precinct vice committeeman who is eligible to participate
under this subsection as the representative of the precinct.
(c) To be effective, the designation must be filed with the chairman
of the caucus meeting at least seventy-two (72) hours before the
meeting. The chairman of the caucus meeting shall read the list of
persons eligible to vote under a proxy in the caucus meeting before any
voting occurs. A proxy may not be revoked after it is filed with the
chairman of the caucus meeting.
(b) A precinct vice committeeman is entitled to participate in a
caucus held under this chapter and vote as a proxy for the vice
committeeman's precinct committeeman if all of the following
apply:
(1) The vice committeeman's precinct committeeman is
otherwise eligible to participate in the caucus under this
chapter. This subdivision is satisfied if the vacancy to be filled
under this chapter resulted from the death of an individual
holding a local office who also served as a precinct
committeeman.
(2) The vice committeeman's precinct committeeman is not
present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman
is eligible to participate in a caucus held under this chapter and
vote the precinct committeeman's proxy, regardless of when the
ballot vacancy occurred, if the vice committeeman was the vice
committeeman five (5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c),
the vice committeeman is eligible to participate in a caucus held
under this chapter and vote the precinct committeeman's proxy
only if the vice committeeman was the vice committeeman thirty
(30) days before the ballot vacancy occurred.
SECTION 31. IC 3-13-11-11, AS AMENDED BY P.L.38-1999,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) No later than noon five (5) days after:
(1) the selection required by section 10 of this chapter; or
(2) a selection under section 5(c) of this chapter;
the chairman shall certify the pro tempore appointment results to the
circuit court clerk of the county in which the greatest percentage of the
population of the election district is located.
(b) This subsection applies to the selection of an individual for
an appointment pro tempore as judge of a town court, prosecuting
attorney, circuit court clerk, county auditor, county recorder,
county treasurer, county sheriff, county coroner, or county
surveyor. The clerk shall forward a copy of the certificate to the
election division. The election division shall prepare a commission
for issuance under IC 4-3-1-5 in the same manner that the election
division prepares a commission following the election of an
individual to the office.
(c) This subsection applies to the selection of an individual for
an appointment pro tempore to a local office not described in
subsection (b). The clerk shall file the certificate in the clerk's office
in the same manner as certificates of election are filed. Within
twenty-four (24) hours after the certificate is filed, the clerk shall issue
a copy of the certificate to the individual named in the certificate.
SECTION 32. IC 5-4-1-1.2, AS AMENDED BY P.L.176-1999,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 1, 1999 (RETROACTIVE)]: Sec. 1.2. (a)
This section does not apply to an individual appointed or elected to an
office the establishment or qualifications of which are expressly
provided for in the Constitution of the State of Indiana or the
Constitution of the United States.
(b) If Subject to subsection (c), an officer individual appointed or
elected to an office of a political subdivision does not take and file
may take the oath required under section 1 of this chapter within at
any time after the individual's appointment or election.
(c) An individual appointed or elected to an office of a political
subdivision must take the oath required by section 1 of this chapter
and deposit the oath as required by section 4 of this chapter not
later than thirty (30) days after the beginning of the officer's term of
office.
(d) If an individual appointed or elected to an office of a political
subdivision does not comply with subsection (c), the office becomes
vacant.
SECTION 33. IC 5-6-1-2, AS AMENDED BY P.L.176-1999,
SECTION 123, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE MAY 10, 1999 (RETROACTIVE)]: Sec. 2. (a) This
section Subsection (b) does not apply to the deputy of a circuit court
clerk.
(b) Deputies shall take the oath required of their principals. and (c) A deputy may perform all the official duties of
such principals,
the deputy's principal, being subject to the same regulations and
penalties.
SECTION 34. IC 5-8-3.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Officers An
officer who wants to resign shall give written notice of their the
officer's resignation as follows:
(1) The governor and lieutenant governor shall notify the general
assembly if it is in session. If the general assembly is not in
session, they shall notify principal clerk of the house of
representatives and the principal secretary of the senate to act
in accordance with Article 5, Section 10 of the Constitution of
the State of Indiana. The clerk and the secretary shall file a
copy of the notice with the office of the secretary of state.
(2) Members A member of the general assembly shall notify the
governor, and in addition: following, whichever applies:
(A) members A member of the senate shall notify the
president pro tempore of the senate. and
(B) members A member of the house of representatives shall
notify the speaker of the house of representatives.
(3) All The following officers commissioned by the governor
under IC 4-3-1-5 shall notify the governor:
(A) An elector or alternate elector for President and Vice
President of the United States.
(B) The secretary of state, auditor of state, treasurer of
state, superintendent of public instruction, attorney
general, or clerk of the supreme court.
(C) An officer elected by the general assembly, the senate,
or the house of representatives.
(D) A justice of the Indiana supreme court, judge of the
Indiana court of appeals, or judge of the Indiana tax court.
(E) A judge of a circuit, city, county, probate, superior,
town, or township small claims court.
(F) A prosecuting attorney.
(G) A circuit court clerk.
(H) A county auditor, county recorder, county treasurer,
county sheriff, county coroner, or county surveyor.
(4) All officers entitled to receive a certificate of election from the
clerk of the circuit court under IC 3-12-4 or IC 3-12-5 or from a
town clerk-treasurer under IC 3-10-7-34 An officer of a political
subdivision (as defined by IC 36-1-2-13) other than an officer
listed in subdivision (3) shall notify the clerk of the circuit court
or the town clerk-treasurer. clerk of the county containing the
largest percentage of population of the political subdivision.
(5) All county officers shall notify the board or council having the
power to appoint a successor or that would have the power if
IC 3-13-7-1 did not apply.
(6) All city, town, or township officers shall notify the board,
council, or individual having power to appoint a successor if
IC 3-13-8-1, IC 3-13-9-1, or IC 3-13-10-1 did not apply.
(7) All other officers (5) An officer not listed in subdivisions (1)
through (4) shall notify the officer, board, person or court entity
from whom they the officer received their the officer's
appointment.
(b) An officer, a board, A person or a court an entity that receives
notice of a resignation and does not have the power to fill the vacancy
created by the resignation shall, within not later than seventy-two (72)
hours after receipt of the notice of resignation, give notice of the
vacancy to the officer, board, person or court entity that has the power
to:
(1) fill the vacancy; or
(2) call a caucus for the purpose of filling the vacancy.
SECTION 35.
IC 20-3-21-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.
IC 20-4-10.1
does not apply to a school corporation or the governing body of a
school corporation covered by this chapter. applies to a school
corporation for which a referendum has been held:
(1) as required by statute; and
(2) in which a majority of the votes cast approve electing the
members of the governing body.
SECTION 36.
IC 20-3-21-11
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. Before August 1 of each
year, the school corporation shall file with the state superintendent
of public instruction a list of the:
(1) names and addresses of members of the school
corporation's governing body;
(2) names and addresses of the school corporation's officers;
and
(3) expiration dates of the terms of the school corporation's
members and officers.
The school corporation shall file any changes in the list within
thirty (30) days after the changes occur.
SECTION 37. IC 20-4-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. Any plan creating a
united school corporation from existing school corporations which are
each entirely located in one (1) county shall, except as provided, be
prepared by joint action of the county committees of the counties in
which the respective school corporations are situated. Any such plan,
for the purpose of submission to the state board as provided, shall be
included in the comprehensive plan of the county which has the largest
number of pupils residing in the proposed united school corporation.
However, in instances when any such existing school corporation
contains territory in two (2) or more counties the county committee of
the county containing that portion of the school corporation having the
most pupils shall include the entire corporation within its plan in the
absence of a written agreement with the adjoining county committee to
the contrary. and provided that an existing school corporation,
adjoining another county, or located in two (2) or more counties, shall
for all purposes of this chapter be released from the jurisdiction of the
county committee of the county otherwise provided herein and be
placed under the jurisdiction of the county committee of any other
county which it joins or of which it is a part, subject to acceptance by
the latter county committee, by complying with the following
procedure:
(a) Within sixty (60) days after March 14, 1963, fifteen percent
(15%) or more of the registered voters of any existing school
corporation shall file a petition addressed to the county committee
otherwise having jurisdiction of such school corporation under
this chapter requesting that their particular school corporation be
released to such other county committee for inclusion in its plan
with the clerk of the circuit court in each county where said
registered voters of such school corporation reside.
(b) After the receipt of the petition, each such clerk shall make a
certification under the clerk's hand and seal of office as to:
(1) the number of persons signing the petition;
(2) the number of such persons who are registered voters
residing within the boundaries of the particular school
corporation or that part of the particular school corporation
located within this county, as disclosed by the voter
registration records;
(3) the number of registered voters residing within the
boundaries of the particular school corporation or that part of
the particular school corporation located within the county, as
disclosed in the records in subdivision (1); and
(4) the date of the filing of such petition with the clerk.
(c) The petition shall show:
(1) the name of the county committee from which release is
requested;
(2) the name of the county committee invited to accept
jurisdiction;
(3) the name of the school corporation within which the
registered voters reside;
(4) a general description of the area to be released; and
(5) the date on which each person has signed the petition and
that person's residence on such date.
The petition may be executed in several counterparts, the total of
which shall constitute the petition authorized by this subsection.
Each such counterpart shall have attached thereto the affidavit of
the person circulating said counterpart that each signature
appearing on such counterpart was affixed in that person's
presence and is the true and lawful signature of the person who
made such signature. Each signer of the petition shall be
privileged prior to, but shall not be entitled after, such filing with
the clerk of the circuit court, to withdraw the signer's name from
the petition. No names shall be added to the petition after the
petition has been filed with any such clerk.
(d) Such certification shall be made by such clerk within thirty
(30) days after the filing of the petition, excluding from the
calculation of such period any time during which the registration
records are unavailable to such clerk, or within any additional
time as is reasonably necessary to permit such clerk to make such
certification. Such clerk shall establish a record of the
certification in the clerk's office and shall send the petition by
mail or otherwise with the certification thereon to each county
committee concerned. If the certification or combined
certifications received from the clerk or clerks disclose that fifteen
percent (15%) or more of the registered voters residing within the
boundaries of the school corporation have signed the petition, the
county committee requested in such petition to accept such
territory for inclusion in its reorganization plan shall, within thirty
(30) days after receipt of such certification or certifications, take
action by majority vote specifying whether or not it will accept
jurisdiction of such school corporation or part thereof, and send
a notification of such action by mail or otherwise to the county
committee from which release was sought, to the judge of the
circuit court of the same county and to the state board. Failure to
send notice within such thirty (30) day period shall constitute
action rejecting such jurisdiction.
(e) Upon receipt of such notification that the county committee
accepts jurisdiction, the judge of the circuit court shall order the
county election board to conduct a special election of the
registered voters residing within the boundaries of such school
corporation with respect to which such petition has been filed.
Such election shall be held not earlier than thirty (30) days nor
later than ninety (90) days after the judge has received such
notification. The county election board shall give notice of such
special election by publication in one (1) newspaper of general
circulation published in such school corporation, which notice
shall be given not less than ten (10) days nor more than fifteen
(15) days prior to such election. If a newspaper of general
circulation is not published in the school corporation, the board
shall publish the notice in at least one (1) newspaper having
general circulation in the school corporation. No other notice of
such election, whether prescribed by IC 3 or otherwise, need be
given. Such notice shall be in the form prescribed by the county
election board, shall state that the election is called for the
purpose of affording the registered voters an opportunity to
approve or reject a proposal that the school corporation be
changed from the jurisdiction of one county committee to another,
and shall also designate the time and voting place or places at
which the election shall be held.
(f) Such special election shall be under the direction of the county
election board of the county in which such circuit court is located.
If the voters reside in two (2) or more counties, the election board
in each county shall cooperate in conducting such election. If the
special election is not conducted at a primary or general election,
the cost of conducting the election shall be charged to the school
corporation and shall be paid from any current operating fund not
otherwise appropriated without appropriation therefor. The county
election board shall place the public question on the ballot in the
form prescribed by IC 3-10-9-4. The public question must state
"Shall jurisdiction of the (here insert name of school corporation)
be changed from the _______ County Committee for the
Reorganization of School Corporations to the _______ County
Committee for the Reorganization of School Corporations?".
Except as otherwise provided, the election shall be governed by
IC 3. The change in jurisdiction shall take effect if at the time it
receives the affirmative vote of a majority of the voters voting at
such special election.
(g) All petitions submitted to any county committee before March
15, 1963, requesting that all or a part of the petitioner's particular
township, city, or town be included in the reorganization plan of
an adjacent county are hereby declared void, except in any
instance involving a petition covering an entire existing school
corporation where no comprehensive plan has been submitted by
the county committee to the state board or where community
school corporations have been created which include the areas so
petitioned.
SECTION 38. IC 20-4-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 21. (a) If no such
certification or combined certifications, thus creating any such
community school corporation, are received within ninety (90) days
after the receipt of such plan by the chairman of the county committee,
the judge of the circuit court of the county, from which the county
committee submitting the plan was appointed, shall certify the public
question under IC 3-10-9-3 and order the county election board to
conduct a special election of the registered voters residing within the
boundaries of such proposed community school corporation to
determine whether such community school corporation shall be created
and shall certify the question under IC 3-10-9-3. If a primary or
general election at which county officials are nominated or elected and
for which the question can be certified in compliance with IC 3-10-9-3
is to be held within six (6) months after the receipt of such plan by the
chairman of the county committee, whether or not such ninety (90)
days has expired, the judge shall order the county election board to
conduct the special election to be held in conjunction with any such
primary or general election. If no such primary or general election is to
be held within such six (6) month period, then such special election
shall be held not earlier than thirty (30) sixty (60) days nor later than
one hundred twenty (120) days after the expiration of such ninety (90)
day period.
(b) Notice of such special election shall be given by the county
election board by publication in one (1) newspaper of general
circulation published in the community school corporation. If no
newspaper is published in the corporation, then the notice shall be
published in a newspaper, or newspapers if necessary, having a general
circulation in such community school corporation, which notice shall
be given not less than ten (10) days nor more than fifteen (15) days
prior to the election. No other notice of such election, whether
prescribed by IC 3 or otherwise, need be given. under IC 5-3-1.
(c) Such notice of such special election shall clearly state that the
election is called for affording the registered voters an opportunity to
approve or reject a proposal for the formation of a community school
corporation and shall also contain a general description of the
boundaries of the community school corporation as set out in the plan,
a statement of the terms of adjustment of property, assets, debts, and
liabilities of any existing school corporation where it is to be divided,
the name of the community school corporation, the number of members
comprising the board of school trustees, and the method of selecting
the board of school trustees of the community school corporation. The
notice shall also designate the time and voting place or places at which
the election will be held.
(d) Such special election shall be under the direction of the county
election board in the county. Such election board shall take all steps
necessary to carry out the election provided for in this section. If the
special election is not conducted at a primary or general election, the
cost of conducting the election shall be charged to each component
school corporation embraced in the community school corporation in
the same proportion as its assessed valuation is to the total assessed
valuation of the community school corporation, and shall be paid from
any current operating fund not otherwise appropriated, without
appropriation therefor by the respective school corporations. Where a
component school corporation is to be divided and its territory assigned
to two (2) or more community corporations its cost of the election shall
be in proportion to its assessed valuation included in the community
school corporation.
(e) The county election board shall place the public question on the
ballot in the form prescribed by IC 3-10-9-4. The public question must
state "Shall the (here insert name) community school corporation be
formed as provided in the Reorganization Plan of the County
Committee for the Reorganization of School Corporations?". Except as
otherwise provided in this chapter, the election shall be governed by
IC 3.
(f) If a majority of the votes cast at such special election on such
question are in favor of the formation of such corporation, a community
school corporation shall be created and come into being on July 1 or
January 1 following the date of publication of said notice, whichever
date is the earlier. In the event any public official shall fail to do the
official's duty within the time prescribed in this section, this omission
shall not invalidate the proceedings taken under this section. No action
to contest the validity of the formation or creation of a community
school corporation under this section to declare that it has not been
validly formed or created or is not validly existing, or to enjoin its
operation, shall be instituted at any time later than the thirtieth day
following such election.
SECTION 39. IC 20-4-8-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 12. (a) In any county
or adjoining counties at least two (2) school corporations, including but
not limited to school townships, school towns, school cities,
consolidated school corporations, joint schools, metropolitan school
districts, or township school districts, community school corporations,
regardless of whether such consolidating school corporations are of the
same or of a different character, may consolidate into one (1)
metropolitan school district. Subject to subsection (h), the
consolidation shall be initiated by following either of the following
procedures:
(1) The township trustee, board of school trustees, board of
education, or other governing body (such trustee, board or other
governing body being referred to elsewhere in this section as the
"governing body") of each school corporation to be consolidated
shall:
(A) adopt substantially identical resolutions providing for the
consolidation; and
(B) publish a notice setting out the text of the resolution one
(1) time in one (1) newspaper:
(i) published and of general circulation in each respective
school corporation; or
(ii) of general circulation in each respective school
corporation if a newspaper is not published within the school
corporation. under IC 5-3-1.
The resolution must set forth any provision for staggering the
terms of the board members of the metropolitan school
district elected under this chapter. If not more than thirty (30)
days following such publication a petition of protest, signed by at
least twenty percent (20%) of the registered voters residing in
such school corporation, is filed with the clerk of the circuit court
of each county where the voters who are eligible to sign the
petition reside, a referendum election shall be held as provided in
subsection (c).
(2) Instead of the adoption of substantially identical resolutions in
each of the proposed consolidating school corporations as
described in subdivision (1), a referendum election under
subsection (c) shall be held on the occurrence of all of the
following:
(A) At least twenty percent (20%) of the registered voters
residing in a particular school corporation sign a petition
requesting that the school corporation consolidate with another
school corporation (referred to in this subsection as "the
responding school corporation").
(B) The petition described in clause (A) is filed with the clerk
of the circuit court of each county where the voters who are
eligible to sign the petition reside.
(C) Not more than thirty (30) days after the service of the
petition by the clerk of the circuit court to the governing body
of the responding school corporation under subsection (b) and
the certification of signatures on the petition occurs under
subsection (b), the governing body of the responding school
corporation adopts a resolution approving the petition and
providing for the consolidation.
(D) An approving resolution has the same effect as the
substantially identical resolutions adopted by the governing
bodies under subdivision (1) and the governing bodies shall
publish the notice provided under subdivision (1) not more
than fifteen (15) days after the approving resolution is adopted.
However, if a governing body that is party to the consolidation
fails to publish notice within the required fifteen (15) day time
period, a referendum election still must be held as provided in
subsection (c).
If the governing body of the responding school corporation does
not act on the petition within the thirty (30) day time period
described in clause (C), the governing body's inaction constitutes
a disapproval of the petition request. If the governing body of the
responding school corporation adopts a resolution disapproving
the petition or fails to act within the thirty (30) day time period,
a referendum election as described under subsection (c) may not
be held and the petition requesting the consolidation is defeated.
(b) Any petition of protest under subsection (a)(1) or a petition
requesting consolidation under subsection (a)(2) shall show therein the
date on which each person has signed the petition and the person's
residence on such date. The petition may be executed in several
counterparts, the total of which shall constitute the petition. Each such
counterpart shall contain the names of voters residing within a single
county and shall be filed with the clerk of the circuit court of such
county. Each such counterpart shall have attached thereto the affidavit
of the person circulating said counterpart that each signature appearing
on such counterpart was affixed in that person's presence and is the true
and lawful signature of each person who made such signature. Any
signer may file such petition or any counterpart thereof. Each signer on
the petition shall be privileged prior to, but shall not be entitled after,
such filing with such clerk, to withdraw the signer's name from the
petition. No names shall be added to the petition after the petition has
been filed with the clerk. After the receipt of any counterpart of the
petition, each circuit court clerk shall certify:
(1) the number of persons signing the counterpart;
(2) the number of such persons who are registered voters residing
within that part of such school corporation located within the
clerk's county, as disclosed by the voter registration records in the
office of the clerk or the board of registration of the county, or
wherever such registration records may be kept;
(3) the total number of registered voters residing within the
boundaries of that part of such school corporation located within
the county, as disclosed in the voter registration records; and
(4) the date of the filing of such petition.
Such certification shall be made by each such clerk within thirty (30)
days after the filing of the petition, excluding from the calculation of
such period any time during which the registration records are
unavailable to such clerk, or within any additional time as is reasonably
necessary to permit such clerk to make such certification. In certifying
the number of registered voters the clerk shall disregard any signature
on such petition not made within the ninety (90) days immediately prior
to the filing of the petition with the clerk as shown by the dates set out
in the petition. Such clerk shall establish a record of the certification in
the clerk's office and shall serve the original petition and a copy of the
certification on the county election board under IC 3-10-9-3 and the
governing bodies of each affected school corporation. The service shall
be made by mail or manual delivery to the governing bodies, to any
officer thereof or to the administrative office of the governing bodies,
if any, and shall be made for all purposes hereunder on the day of the
mailing or the date of the manual delivery.
(c) The county election board in each county where the proposed
metropolitan school district is located, acting jointly where the
proposed metropolitan school district is created and where it is located
in more than one (1) county, shall cause any referendum election
required under either subsection (a)(1) or subsection (a)(2) to be held
in the entire proposed metropolitan district at a special election. The
special election shall be not less than thirty (30) sixty (60) days and not
more than ninety (90) days after the service of the petition of protest
and certification by each clerk as provided in subsection (a)(1) or (a)(2)
or after the occurrence of the first action requiring a referendum under
subsection (a)(2). In the event, however, a primary or general election
at which county officials are to be nominated or elected, or at which
city or town officials are to be elected in those areas of the proposed
metropolitan school district which are within the city or town, is to be
held after the thirty (30) sixty (60) days and within six (6) months of
the service or the occurrence of the first action, then each election
board may hold the referendum election in conjunction with the
primary or general election.
(d) Notice of the special election shall be given by each election
board by publication one (1) time in two (2) newspapers published and
of general circulation in the proposed metropolitan school district, or
if only one (1) newspaper is published and of general circulation, then
in that newspaper, or if there is no such newspaper, then in the
newspaper as is necessary so that there is a publication in a newspaper
of general circulation in the proposed metropolitan school district. The
publication shall be made not less than ten (10) days or more than
forty-five (45) days prior to the election. No other notice of the election
and no requirement as to the time of printing ballots, whether
prescribed by IC 3 or otherwise, need be given or observed. under
IC 5-3-1.
(e) Except where it conflicts with the special provisions of this
section or cannot be practicably applied, IC 3 applies to the conduct of
the special election. If the special election is not conducted at a primary
or general election, the cost of conducting the election shall be charged
to each component school corporation included in the proposed
metropolitan school district in the same proportion as its assessed
valuation bears to the total assessed valuation of the proposed
metropolitan school district and shall be paid from any current
operating fund of each component school corporation not otherwise
appropriated, without appropriation therefor.
(f) The question in the referendum election shall be placed on the
ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
school corporations of _________ be formed into one (1) metropolitan
school district under IC 20-4-8?" (in which blanks the respective name
of the school districts concerned will be inserted).
(g) If:
(1) a protest petition with the required signatures is not filed
subsequent to the adoption of substantially identical resolutions
of the governing bodies providing for or approving the
consolidation as described in subsection (a)(1); or
(2) a referendum election occurs in the entire proposed
metropolitan district and a majority of the voters in each proposed
consolidating school corporation vote in the affirmative;
a metropolitan school district shall be created and come into existence
in the territory subject to the provisions and under the conditions
described in this chapter. The boundaries include all of the territory
within the school corporations, and it shall be known as "Metropolitan
School District of _______, Indiana" (in which blank will be inserted
the name of the district concerned). The name of the district shall be
decided by a majority vote of the metropolitan board of education of
the metropolitan school district at the first meeting. The metropolitan
board of education of the new metropolitan school district shall be
composed and elected in the manner provided in this chapter. The
failure of any public official or body to perform any duty within the
time limits provided in this chapter shall not invalidate any proceedings
taken by that official or body, but this provision shall not be construed
to authorize a delay in the holding of any referendum election provided
in this chapter.
(h) If the governing body of a school corporation is involved in a
consolidation proposal under subsection (a)(1) or (a)(2) that fails to
result in a consolidation, the:
(1) governing body of the school corporation may not initiate a
subsequent consolidation with another school corporation under
subsection (a)(1); and
(2) residents of the school corporation may not file a petition
requesting a consolidation with another school corporation under
subsection (a)(2);
before one (1) year from the date on which the prior consolidation
proposal failed.
SECTION 40. IC 20-4-10.1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
chapter, the following terms shall have the following meanings:
(a) "School corporation" shall mean any local public school
corporation established under the laws of the state of Indiana.
excluding, however, The term does not include a school townships
township or a school corporation covered by IC 20-3-21.
(b) "Governing body" shall mean the board or commission charged
by law with the responsibility of administering the affairs of a school
corporation.
(d) (c) "Plan" shall mean the manner in which the governing body
of a school corporation is constituted, including, but not limited to, the
number, qualifications, length of terms, manner, and time of selection
(whether by appointment or by election) of the members of the
governing body.
(e) (d) "Clerk of the circuit court" or "clerk" shall mean the clerk of
the circuit court of the county in which a school corporation is located.
Where the school corporation is located in more than one (1) county,
such term shall refer to the clerks in each of the several counties in
which the school corporation is located.
(f) (e) "County election board" shall mean the county election board
in the county in which the school corporation is located. Where the
school corporation is located in more than one (1) county, it shall mean
the county election boards of the counties in which the school
corporation is located, acting jointly.
(g) (f) "Judge of the circuit court" and the "circuit court" shall mean
the judge of the circuit court and the circuit court of the county,
respectively, in which the school corporation is located. Where it is
located in more than one (1) county, such terms shall refer to the judge
of the circuit court and the circuit court of the county in which the
largest number of registered voters of the school corporation are
residents.
(h) (g) "Voter", with respect to any petition, shall mean a registered
voter in the school corporation as determined in this chapter.
SECTION 41. IC 21-1-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 16. They shall have
power, when directed so to do by a vote, or The township executive
may, by the written direction of a majority of the voters of the
congressional township to which the same belongs, to lease such lands
for any term not exceeding seven (7) years, reserving rents, payable in
money, property, or improvements upon the land, as may be directed
by the majority of such voters.
SECTION 42. IC 21-1-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 17. When the sixteenth
section or the section which may be granted in lieu thereof, shall be
instead of the sixteenth section is divided by a county or civil
township line, or where the substituted section lies in any other county
in the state, the voters of the congressional township county executive
to which the same greatest percentage of population of the
congressional township belongs shall designate, by vote or by the
written direction of a majority, the trustee of one (1) of the civil
townships including a part of said the section to have the care and
custody of said the section and to carry out the directions of the voters
of the township. in relation thereto; and The trustee so designated shall
have the same powers and perform the same duties as if the entire
section was situated within the limits of the civil township and receive
from the county treasurer the revenue derived from funds accrued from
said the sale.
SECTION 43. IC 21-1-1-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 25. Such The
certificate and return shall, by such auditor, be laid before the board of
county commissioners, at their first meeting thereafter. and said The
board, if satisfied that the requirements of the law have been
substantially complied with, shall direct such lands to be sold. which
The sale shall be conducted as follows:
First. (1) It shall be made by the auditor and treasurer.
Second. (2) Four (4) weeks' notice of the same shall be given, by
posting notices thereof in three (3) public places of the township
where the land is situated, and at the court-house door, and by
publication in a newspaper printed in said county, if any -
otherwise, in a newspaper of any county in the state situated
nearest thereto. under IC 5-3-1.
The sale shall be made by the auditor, at public auction, at the door of
the court-house of the county in which the land is situate. and situated.
The treasurer shall take an account thereof, and each of said officers,
for making such sale, shall receive a fee of one dollar ($1.00), ($1), to
be paid by the purchaser.
SECTION 44. IC 21-1-1-44 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 44. The voters of any
congressional township may in the absence of a vote to sell land, and
in lieu thereof, petition the trustee of the township for such sale. and
such The petition, if signed by a majority of all the voters of the
township, shall be filed with the county auditor, and the same
proceeding shall be had as provided in section 43 of this chapter. upon
a vote of the inhabitants of the township for such sale. Such petition
and certificate shall be recorded in the record book of the trustee of the
township and of the county auditor of the investment of funds held for
the benefit of common schools and congressional townships.
SECTION 45. IC 36-1-8-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10.5. (a) This section does not
apply to the following:
(1) An elected or appointed officer.
(2) An individual described in IC 20-5-3-11.
(b) An employee of a political subdivision may:
(1) be a candidate for any elected office and serve in that
office if elected; or
(2) be appointed to any office and serve in that office if
appointed;
without having to resign as an employee of the political subdivision.
SECTION 46. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2000]: IC 3-11-15-18; IC 3-11-15-19; IC 3-11-15-27;
IC 3-11-15-28; IC 3-11-15-29; IC 3-11-15-30; IC 3-11-15-31.
SECTION 47. [EFFECTIVE NOVEMBER 1, 1999
(RETROACTIVE)] (a) Notwithstanding IC 5-4-1-1.2, as amended
by this act, an individual appointed or elected to an office of a
political subdivision after November 1, 1999, and before July 1,
2000, does not vacate the office under IC 5-4-1-1.2, as amended by
this act, if all of the following apply:
(1) The individual took the oath required by IC 5-4-1-1 at any
time after the individual's appointment or election.
(2) The individual took the oath required by IC 5-4-1-1 not
later than thirty (30) days after the beginning of the term of
office.
(3) The oath was deposited with the appropriate office not
later than December 31, 2000, under IC 5-4-1-4, as in effect
July 1, 2000.
(b) This SECTION expires January 1, 2004.
SECTION 48. [EFFECTIVE UPON PASSAGE] (a) As used in
this SECTION, "school corporation" refers to a school corporation
covered by IC 20-3-21, as amended by this act.
(b) Notwithstanding any other law, three (3) members of the
school corporation shall be elected at the primary election held on
May 2, 2000, under IC 20-3-21, as amended by this act.
(c) Notwithstanding IC 20-3-21-3, the member of the governing
body appointed by the mayor of the largest city contained within
the school corporation under IC 20-3-21-3(b)(2) shall first be
appointed by the mayor after May 2, 2000, and before July 1, 2000.
(d) This SECTION expires July 1, 2002.
SECTION 49. [EFFECTIVE UPON PASSAGE] (a) As used in
this SECTION, "committee" refers to the census data advisory
committee established by IC 2-5-19-2.
(b) Before January 1, 2001, the committee shall study the
following:
(1) The standardization of municipal election calendars to
conform to county, state, and federal elections, including the
following possibilities:
(A) The elimination of town conventions under IC 3-8-5.
(B) The implementation of primaries for the nomination of
candidates in small town elections.
(2) The elimination of municipal elections in odd-numbered
years so that all municipal elections are held in
even-numbered years with countywide elections.
Before January 1, 2001, the committee shall make
recommendations regarding these subjects to the legislative council
as the committee considers necessary.
(c) This SECTION expires January 1, 2001.
SECTION 50. An emergency is declared for this act.