Second Regular Session 111th General Assembly (2000)


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.
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.
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     HOUSE ENROLLED ACT No. 1024




     AN ACT to amend the Indiana Code concerning elections.

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

    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.


        (5) A statement indicating whether or not each candidate:
            (A) has been a candidate for state or local office in a previous primary or general election; and
            (B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
        (6) A statement that each candidate is legally qualified to hold the office that the candidate seeks, including any applicable residency requirements and restrictions on service due to a criminal conviction.
        (7) If the petition is filed with the secretary of state for an office not elected by the electorate of the whole state, a statement signed by the circuit court clerk of each county in the election district of the office sought by the individual.
        (8) Any statement of economic interests required under IC 3-8-1-33.
    (c) The statement required under subsection (b)(7) must:
        (1) be certified by each circuit court clerk; and
        (2) indicate the number of votes cast for secretary of state:
            (A) at the last election for secretary of state; and
            (B) in the part of the county included in the election district of the office sought by the individual filing the petition.
    (d) The secretary of state shall, by noon August 20, certify each petition of nomination filed in the secretary of state's office to the appropriate county.
    (e) The commission shall provide that the form of a petition of nomination includes the following information near the separate signature required by subsection (b)(2):
        (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.
    (f) A candidate's consent to become a 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 consent to become a candidate. If there is a difference between the name on the candidate's consent to become a candidate and the name on the candidate's voter registration record, the officer with whom the consent to become a 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 consent to become a candidate.
    
SECTION 8. IC 3-9-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to candidates in all elections and caucuses and to the following types of committees:
        (1) Candidate's committees.
        (2) Regular party committees.
        (3) Political action committees.
        (4) Legislative caucus committees.
    (b) This chapter does not apply to the following:
        (1) Elections to A candidate for a local offices office for which the compensation is less than five thousand dollars ($5,000) per year unless the candidate is required to file a written instrument designating a principal committee under section 5.5 of this chapter.
        (2) Candidates A candidate for school board office except a unless the candidate who is required to file a written instrument designating a principal committee under section 5 section 5.5 of this chapter.
        (3) Elections for precinct committeeman or delegate to a state convention.
        (4) An auxiliary party organization.
    SECTION 9. IC 3-9-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 5. (a) This section does not apply 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)
Each candidate shall have a principal committee.
    (b) This subsection does not apply to a candidate for school board office. No (c) Not later than:
        (1) noon ten (10) days after becoming a candidate; or
        (2) noon seven (7) days after the final date and hour for filing a:
            (A) declaration of candidacy under IC 3-8-2;
            (B) petition of nomination under IC 3-8-6;
            (C) certificate of nomination under IC 3-8-7-8;
            (D) certificate of candidate selection under IC 3-13-1 or IC 3-13-2; or
            (E) declaration of intent to be a write-in candidate under IC 3-8-2;
        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.
    (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.


        (2) Regular party committees.
        (3) Political action committees.
        (4) A legislative caucus committee.
    (b) Sections 2 through 10 of this chapter do not apply to the following:
        (1) Elections to local offices for which the compensation is less than five thousand dollars ($5,000) per year.
        (2) elections for precinct committeeman or delegate to a state convention.
    (c) Section 9 of this chapter does not apply applies to a candidate for school board office unless only if the candidate is required to file a written instrument designating a principal committee under IC 3-9-1-5 or IC 3-9-1-5.5.
    (d) Sections 9 and 10 of this chapter apply to an auxiliary party organization.
    SECTION 13. IC 3-9-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to candidates in all elections and caucuses and to the following types of committees:
        (1) Candidate's committees.
        (2) Regular party committees.
        (3) Political action committees.
        (4) A legislative caucus committee.
    (b) This chapter does not apply to the following:
        (1) Elections to A candidate for a local offices office for which the compensation is less than five thousand dollars ($5,000) per year unless the candidate is required to file a written instrument designating a principal committee under IC 3-9-1-5.5.
        (2) Elections for precinct committeeman or delegate to a state convention.
        (3) A candidate for a school board office except a unless the candidate who is required to file a written instrument designating a principal committee under IC 3-9-1-5. IC 3-9-1-5.5.
        (4) An auxiliary party organization.
    SECTION 14. IC 3-9-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to candidates in all elections and caucuses and to the following types of committees:
        (1) Candidate's committees.
        (2) Regular party committees.
        (3) Political action committees.
        (4) A legislative caucus committee.
    (b) This chapter does not apply to the following:
        (1) Elections to A candidate for a local or school board offices office for which the compensation is less than five thousand dollars ($5,000) per year unless the candidate is required to file a written instrument designating a principal committee under IC 3-9-1-5.5.
        (2) Candidates A candidate for school board office except a unless the candidate who is required to file a written instrument designating a principal committee under IC 3-9-1-5. IC 3-9-1-5.5.
        (3) Elections for precinct committeeman or delegate to a state convention.
        (4) An auxiliary party organization.
    SECTION 15. IC 3-11-13-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20. (a) This section does not apply to an optical scan ballot card voting system.
    (b)
Each county election board shall maintain a record of the serial numbers of all of the ballot cards provided to a precinct and shall note in this record the precinct to which each ballot card relates.
    SECTION 16. IC 3-11-13-22, AS AMENDED BY P.L.176-1999, SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE NOVEMBER 1, 1999 (RETROACTIVE)]: Sec. 22. (a) At least fourteen (14) days before election day, the county election board of each county planning to use automatic tabulating machines at the next election shall have the automatic tabulating machines tested to ascertain that the machines will correctly count the votes cast in all precincts for all candidates and on all public questions. Not later than seven (7) days after conducting the test under this subsection, the county election board shall certify to the election division that the pretest test has been conducted in conformity with this subsection.
    (b) At least seven (7) days before election day, a county election board required to conduct a pretest under subsection (a) shall conduct a public test under this subsection. The public test conducted under this subsection consists of a sample of precincts designated by the county election board. However, the sample must include at least one (1) precinct in each election district in which each candidate appears on the ballot. Public notice of the time and place shall be given at least forty-eight (48) hours before the test. The notice shall be published once in accordance with IC 5-3-1-4.
    SECTION 17. IC 3-11-13-23, AS AMENDED BY P.L.176-1999, SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE NOVEMBER 1, 1999 (RETROACTIVE)]: Sec. 23. (a) The two (2)

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.


HEA 1024 _ CC 1

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