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.
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SENATE ENROLLED ACT No. 114




     AN ACT to amend the Indiana Code concerning elections.

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

    SECTION 1. IC 3-5-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. Except as otherwise provided in this title, a reference to a federal statute or regulation in this title is a reference to the statute or regulation as in effect January 1, 1996. 2000.
    SECTION 2. IC 3-6-4.1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. (a) The governor shall appoint one (1) of the members of the commission to be the chair and one (1) of the members of the commission to be the vice chair of the commission. After June 30, 1997, The chair of the commission must be a member of the same political party as the individual who is the secretary of state. The vice chair and the chair may not be affiliated with the same political party.
    (b) The individuals appointed as chair and vice chair serve in their respective positions until each individual's term as a member of the commission expires.
    SECTION 3. IC 3-7-33-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5. (a) This section applies only to an application received by a circuit court clerk or board of registration after May 16, 1995.
    (b) (a) When the circuit court clerk or board of registration receives an application for a new registration or an application with information

that revises or adds information to the applicant's current voter registration record, the clerk or board shall determine if the applicant appears to be eligible to register to vote based on the information in the application.
    (c) (b) As required under 42 U.S.C. 1973gg-6(a)(2), the circuit court clerk or board of registration shall send a notice to each person from whom the clerk or board receives a voter registration application. The clerk or board shall send a notice to the applicant at the mailing address provided in the application.
    (d) (c) The notice required by subsection (c) (b) must set forth the following:
        (1) A statement that the application has been received.
        (2) The disposition of the application by the clerk or board.
        (3) If the clerk or board determines that the applicant appears to be eligible, the notice must state the following:
            (A) The applicant is registered to vote under the residence address when the applicant receives the notice. An applicant is presumed to have received the notice unless the notice is returned by the United States Postal Service due to an unknown or insufficient address.
            (B) The name of the precinct in which the voter is registered.
            (C) The address of the polling place for the precinct in which the voter is registered.
        (4) If the clerk or board has denied the application, the notice must include the reasons for the denial.
    (e) (d) The notice required by subsection (c) (b) may include a voter registration card.
    (f) (e) If the notice is returned by the United States Postal Service due to an unknown or insufficient address, the clerk or board shall determine that the applicant is ineligible and deny the application.
    SECTION 4. IC 3-7-33-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. As provided by 42 U.S.C. 1973gg-4(d), if:
        (1) the county voter registration office mails a notice of the disposition of a voter registration application under section 5(c) 5(b) of this chapter by nonforwardable mail; and
        (2) the notice is returned as undeliverable, after the applicant is added to the registration rolls under section 5 of this chapter;
the county voter registration office may initiate steps to remove the voter from the registration rolls as provided in 42 U.S.C. 1973gg-6(d) and this article.
    SECTION 5. IC 3-8-4-3 IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) This section applies to each political party that elects delegates to the party's state convention at a primary election.
    (b) Delegates to a state convention shall be chosen at the primary election conducted by the political party on the first Tuesday after the first Monday in May 1998, 2000 and every two (2) years thereafter. If provided in the rules of the state committee of the political party, delegates may be elected from delegate districts in each county.
    (c) Not later than noon November 30 of the year preceding the year in which the state convention is to be conducted, the state chairman of a political party shall certify the following to the election division and to each county committee of the party:
        (1) The number of delegates to be elected in each county.
        (2) Whether the delegates are to be elected from districts or at large in each county.
        (3) If a county is to elect delegates from districts, how many districts must be established in each county.
    (d) The county committee shall establish any delegate districts required to be established under subsection (c) and file descriptions setting forth the district boundaries with the county election board not later than noon December 31 of the year preceding the year the state convention is to be conducted. If the county committee does not timely file district descriptions under this subsection, the county election board shall establish districts not later than the first day that a declaration of candidacy may be filed under IC 3-8-2-4, and apportion the delegates to be elected from each district in accordance with subsection (c).
    SECTION 6. IC 3-10-1-4.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4.5. (a) Precinct committeemen shall be elected on the first Tuesday after the first Monday in May 1998 2002 and every four (4) years thereafter.
    (b) The rules of a political party may specify whether a precinct committeeman elected under subsection (a) continues to serve as a precinct committeeman after the boundaries of the precinct are changed by a precinct establishment order issued under IC 3-11-1.5.
    SECTION 7. IC 3-10-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. United States Senators shall be elected at a general election held in accordance with 2 U.S.C. 1 and as follows:
        (1) One (1) in 1998 2000 and every six (6) years thereafter.
        (2) One (1) in 2000 2004 and every six (6) years thereafter.
    SECTION 8. IC 3-10-2-7 IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2000]: Sec. 7. The following public officials shall be elected in 1998 2002 and every four (4) years thereafter:
        (1) Secretary of state.
        (2) Auditor of state.
        (3) Treasurer of state.
        (4) Clerk of the supreme court.
    SECTION 9. IC 3-10-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 12. A prosecuting attorney shall be elected in each judicial circuit in 1998 2002 and every four (4) years thereafter in accordance with Article 7, Section 16 of the Constitution of the State of Indiana.
    SECTION 10. IC 3-10-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) Except as otherwise provided in this chapter, a municipal primary election shall be held on the first Tuesday after the first Monday in May 1999 2003 and every four (4) years thereafter.
    (b) Each political party whose nominee received at least ten percent (10%) of the votes cast in the state for secretary of state at the last election shall nominate all candidates to be voted for at the municipal election to be held in November.
    SECTION 11. IC 3-10-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) Notwithstanding section 2 of this chapter, in a town that adopted an ordinance under IC 18-3-1-16(b) (before its repeal on September 1, 1981), P.L.13-1982, SECTION 3 (before its expiration on January 1, 1988), or section 2.5 of this chapter each political party shall, at the primary election in:
        (1) May 1990 2002 and every four (4) years thereafter; and
        (2) May 1991 2003 and every four (4) years thereafter;
nominate candidates for the election to be held under section 6(a) of this chapter, unless a primary election is not required under section 4 of this chapter. The primary election shall be conducted under this chapter.
    (b) Notwithstanding section 2 of this chapter, in a town that adopted an ordinance under section 2.6 of this chapter each political party shall, at the primary election in:
        (1) May 1990 2002 and every four (4) years thereafter; and
        (2) May 1992 2004 and every four (4) years thereafter;
nominate candidates for the election to be held under section 6(b) of this chapter, unless a primary election is not required under section 4 of this chapter. The primary election shall be conducted under this chapter.
    (c) Notwithstanding section 2 of this chapter, in a town that adopted

an ordinance under section 2.6 of this chapter each political party shall, at the primary election in May 1992 2004 and every four (4) years thereafter, nominate candidates for the election to be held under section 6(c) of this chapter, unless a primary election is not required under section 4 of this chapter. The primary election shall be held under this chapter.
    SECTION 12. IC 3-10-6-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5. Except as otherwise provided in this chapter, a municipal election shall be held on the first Tuesday after the first Monday in November 1999 2003 and every four (4) years thereafter. At the election public officials shall be elected to each municipal and school board office.
    SECTION 13. IC 3-10-6-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. (a) Notwithstanding section 5 of this chapter, a town that adopted an ordinance under IC 18-3-1-16(b) (before its repeal on September 1, 1981), P.L.13-1982, SECTION 3 (before its expiration on January 1, 1988), or section 2.5 of this chapter shall:
        (1) at the general election in November 1990 2002 and every four (4) years thereafter; and
        (2) at the municipal election in November 1991 2003 and every four (4) years thereafter;
elect town council members for terms of four (4) years to those offices whose terms expire at noon January 1 following the election, as provided in IC 36-5-2-3. The election shall be conducted under this chapter.
    (b) Notwithstanding section 5 of this chapter, a town that adopted an ordinance under section 2.6 of this chapter shall:
        (1) at the general election in November 1990 2002 and every four (4) years thereafter; and
        (2) at the general election in November 1992 2004 and every four (4) years thereafter;
elect town council members for terms of four (4) years to those offices whose terms expire at noon January 1 of the following year. The election shall be conducted under this chapter.
    (c) Notwithstanding section 5 of this chapter, a town that adopted an ordinance under section 2.6 of this chapter shall, at the general election in November 1992 2004 and every four (4) years thereafter, elect a town clerk-treasurer and town court judge (if a town court has been established under IC 33-10.1-1-3) to those offices whose terms expire at noon January 1 of the following year. The election shall be conducted under this chapter.


    SECTION 14. IC 9-13-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. Except as otherwise provided in this title, a reference in this title to a federal statute or regulation relating to the National Voter Registration Act of 1993 (42 U.S.C. 1973gg) is a reference to the statute or regulation as in effect January 1, 1996. 2000.
    SECTION 15. IC 12-7-1-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. Except as otherwise provided in this title, a reference in this title to a federal statute or regulation relating to the federal National Voter Registration Act of 1993 (42 U.S.C. 1973gg) is a reference to the statute or regulation as in effect January 1, 2000.
    SECTION 16. IC 16-18-1-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. Except as otherwise provided in this title, a reference in this title to a federal statute or regulation relating to the federal National Voter Registration Act of 1993 (42 U.S.C. 1973gg) is a reference to the statute or regulation as in effect January 1, 2000.
    SECTION 17. IC 20-3-21-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The members shall be elected as follows:
        (1) Three (3) of the members elected under section 3(b)(1) of this chapter shall be elected at the primary election to be held in 1992 2000 and every four (4) years thereafter.
        (2) Three (3) of the members elected under section 3(b)(1) of this chapter shall be elected at the primary election to be held in 1994 2002 and every four (4) years thereafter.
    SECTION 18. IC 20-3-22-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 9. The members shall be elected as follows:
        (1) Three (3) of the members shall be elected at the primary election to be held in 1992 2000 and every four (4) years thereafter.
        (2) Two (2) of the members shall be elected at the primary election to be held in 1994 2002 and every four (4) years thereafter.
    SECTION 19. IC 20-4-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) In a community school corporation set up under IC 20-4-1 that has a population of more than seventy-five thousand (75,000) but less than ninety thousand

(90,000), and that is the successor in interest to a school city having the same population, the governing body shall consist of a board of trustees of five (5) members elected in the manner provided in this chapter.
    (b) At the time of the 1968 2000 primary election and at each such primary election every four (4) years thereafter, there shall be elected in each school corporation embraced within the terms of covered by this chapter two (2) school trustees each of whom shall serve for a period of four (4) years. The two (2) candidates for the office of school trustee receiving the highest number of votes at such the election shall take office on July 1 next following the election.
     (c) At the time of the 1970 2002 primary election and at each such primary election every four (4) years thereafter, there shall be elected in each school city embraced within the terms of covered by this chapter three (3) school trustees each of whom shall serve for a period of four (4) years. The three (3) candidates for the office of school trustee receiving the highest number of votes at such the election shall take office on July 1 next following the election. Thereafter, such
     (d) The school trustees shall be elected at the times above provided and shall succeed the retiring members in the order and manner as set forth in this subsection. section.
    SECTION 20. IC 36-2-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) This subsection does not apply to a county having a population of:
        (1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
        (2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The executive shall divide the county into three (3) districts that are composed of contiguous territory and are reasonably compact. The district boundaries drawn by the executive must not cross precinct boundary lines and must divide townships only when a division is clearly necessary to accomplish redistricting under this section. If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts.
    (b) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). A county redistricting commission shall divide the county into three (3) single-member districts that comply with subsection (d). The commission is composed of:
        (1) the members of the Indiana election commission;
        (2) two (2) members of the senate selected by the president pro tempore, one (1) from each political party; and


        (3) two (2) members of the house of representatives selected by the speaker, one (1) from each political party.
The legislative members of the commission have no vote and may act only in an advisory capacity. A majority vote of the voting members is required for the commission to take action. The commission may meet as frequently as necessary to perform its duty under this subsection. The commission's members serve without additional compensation above that provided for them as members of the Indiana election commission, the senate, or the house of representatives.
    (c) This subsection applies to a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000). The executive shall divide the county into three (3) single-member districts that comply with subsection (d).
    (d) Single-member districts established under subsection (b) or (c) must:
        (1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);
        (2) contain, as nearly as is possible, equal population; and
        (3) not cross precinct lines.
    (e) A division under subsection (a), (b), or (c) shall be made:
        (1) in 1991 2001 and every ten (10) years after that; and
        (2) when the county adopts an order declaring a county boundary to be changed under IC 36-2-1-2.
    (f) A division under subsection (a), (b), or (c) may be made in any odd-numbered year not described in subsection (e).
    SECTION 21. IC 36-2-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) This subsection does not apply to a county having a population of:
        (1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
        (2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The county executive shall, by ordinance, divide the county into four (4) contiguous, single-member districts that comply with subsection (d). If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts. One (1) member of the fiscal body shall be elected by the voters of each of the four (4) districts. Three (3) at-large members of the fiscal body shall be elected by the voters of the whole county.
    (b) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred

thousand (700,000). The county redistricting commission established under IC 36-2-2-4 shall divide the county into seven (7) single-member districts that comply with subsection (d). One (1) member of the fiscal body shall be elected by the voters of each of these seven (7) single-member districts.
    (c) This subsection applies to a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000). The fiscal body shall divide the county into nine (9) single-member districts that comply with subsection (d). Three (3) of these districts must be contained within each of the three (3) districts established under IC 36-2-2-4(c). One (1) member of the fiscal body shall be elected by the voters of each of these nine (9) single-member districts.
    (d) Single-member districts established under subsection (a), (b), or (c) must:
        (1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);
        (2) not cross precinct boundary lines;
        (3) contain, as nearly as possible, equal population; and
        (4) include whole townships, except when a division is clearly necessary to accomplish redistricting under this section.
    (e) A division under subsection (a), (b), or (c) shall be made:
        (1) in 1991 2001 and every ten (10) years after that; and
        (2) when the county executive adopts an order declaring a county boundary to be changed under IC 36-2-1-2.
    (f) A division under subsection (a), (b), or (c) may be made in any odd-numbered year not described in subsection (e).
    SECTION 22. IC 36-6-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) Except as provided in subsection (b), a three (3) member township board shall be elected under IC 3-10-2-13 by the voters of each township.
    (b) After December 31, 1996, The township board in a county having a population of more than seven hundred thousand (700,000) shall consist of seven (7) members elected under IC 3-10-2-13 by the voters of each township.
    (c) The township board is the township legislative body.
    (d) The term of office of a township board member is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
    SECTION 23. IC 36-6-6-2.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2.5. (a) This section

applies to townships in a county having a population of more than seven hundred thousand (700,000).
    (b) The legislative body shall adopt a resolution that divides the township into legislative body districts that:
        (1) are composed of contiguous territory;
        (2) are reasonably compact;
        (3) respect, as nearly as reasonably practicable, precinct boundary lines; and
        (4) contain, as nearly as reasonably practicable, equal population.
    (c) Before a legislative body may adopt a resolution that divides a township into legislative body districts, the secretary of the legislative body shall mail a written notice to the circuit court clerk. This notice must:
        (1) state that the legislative body is considering the adoption of a resolution to divide the township into legislative body districts; and
        (2) be mailed not later than ten (10) days before the legislative body adopts the resolution.
    (d) The legislative body shall make a division into legislative body districts at the following times:
        (1) In 1995.
        (2) (1) In 2001.
        (3) (2) Every ten (10) years after 2002.
        (4) (3) Subject to IC 3-11-1.5-32.5, whenever the boundary of the township changes.
    (e) The legislative body may make the division under this section at any time, subject to IC 3-11-1.5-32.5.
    SECTION 24. IC 36-6-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) Except as provided in subsection (b), two (2) members of the legislative body constitute a quorum.
    (b) After December 31, 1996, Four (4) members of the legislative body in a county having a population of more than seven hundred thousand (700,000) constitute a quorum.
    SECTION 25. An emergency is declared for this act.


SEA 114 _ CC 1

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