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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 1999 General Assembly.
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.
(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
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.