Citations Affected: IC 3-5-2; IC 3-6-9; IC 3-8; IC 3-9; IC 3-10-8;
IC 3-11; IC 3-12; IC 3-13-7-2.5; IC 36-12.
Synopsis: Elected library boards. Establishes a procedure to provide
for the election of the board members of a Class 1 library.
Effective: July 1, 2009.
January 16, 2009, read first time and referred to Committee on Elections and
Apportionment.
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
board office, or local office. Political party offices (such as precinct
committeeman and state convention delegate) are not considered to be
elected offices.
[EFFECTIVE JULY 1, 2009]: Sec. 1. (a) If:
(1) twenty-six percent (26%) or more of all candidates of a
political party who are candidates for:
(A) nomination to elected offices at a county primary election
(or municipal primary election within the municipality in
which the municipal primary is to be conducted), not including
candidates for delegates to the state convention or candidates
for precinct committeemen; or
(B) precinct committeemen at an election for precinct
committeemen, whose names are certified to the county
election board as candidates to be voted for at the primary
election for precinct committeemen; or
(2) any candidate or group of candidates for a library board or
school board office;
desire to have watchers at the polls in any precinct of the county or
municipality, they shall sign a written statement indicating their desire
to name watchers.
(b) If the candidates signing the statement are candidates for
nomination at a county primary election or for election as precinct
committeemen or to a library board or school board office, the written
statement shall be filed with the circuit court clerk of the county where
the candidates reside.
(c) If the candidates signing the statement are candidates for
nomination at a municipal primary election, the written statement shall
be filed with the circuit court clerk of the county that contains the
greatest percentage of the population of the election district.
whose candidates have petitioned for watchers under this chapter.
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). For purposes of this subdivision, a candidate is affiliated
with a political party only if the candidate satisfies section 7(a)(4)
of this chapter.
(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) If the candidate 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.
(B) The candidate makes more than five hundred dollars
($500) in expenditures.
(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.
a petition of nomination must be filed with the circuit court clerk of the
county having the consolidated city.
(b) Whenever a town not described in subsection (a) has entered
into an agreement with a county under IC 3-10-7-4, the petition must
be filed with the circuit court clerk or board of registration of that
county.
(c) Whenever a library district or school corporation is located in
more than one (1) county, a petition for the nomination of a candidate
to a library board office or a school board office must be filed with
the circuit court clerk or board of registration of the county having the
greatest percentage of population of the election district.
(d) When a petition is filed under subsection (a), (b), or (c) for
nomination to an office whose election district is in more than one (1)
county, the circuit court clerk or board of registration shall examine the
voter registration records of each county in the election district to
determine if each petitioner is eligible to vote for the candidates being
nominated by the petition.
seventy-four (74) days before the date on which the general or
municipal election will be held for the office.
(e) This subsection does not apply to a petition of nomination for
election to a school board office subject to IC 3-8-2-14. The
commission or a county election board shall rule on the validity of the
petition of nomination or the denial of certification under section 12(d)
of this chapter not later than noon sixty (60) days before the date on
which the general or municipal election will be held for the office.
(f) This subsection applies to a petition of nomination for election
to:
(1) a library board office; or
(2) a school board office elected in a general election.
All questions concerning the validity of the petition of nomination shall
be referred to and determined by the county election board not later
than noon fifty-four (54) days before the date of the general election.
A statement questioning the validity of a petition of nomination must
be filed with the county election board under IC 3-8-1-2(c) not later
than noon sixty-seven (67) days before the date of the general election.
less than five thousand dollars ($5,000) per year.
(2) A candidate for a library board or school board office.
(b) Each candidate shall have a principal committee.
(c) A candidate shall file a written instrument designating the name
of the principal committee and the names of the chairman and treasurer
of the committee. The written instrument must be filed not later than
the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filing any
of the following, whichever applies to the candidate:
(A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1 or
IC 3-13-2.
(E) A declaration of intent to be a write-in candidate under
IC 3-8-2.
(3) The date a candidate is required to file the candidate's first
campaign finance report under IC 3-9-5.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee.
disband a committee in the manner prescribed by this section.
(c) The commission has exclusive jurisdiction to disband any of the
following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or
report with the election division.
(5) A regular party committee that has filed a statement or report
with the election division.
(d) A county election board has exclusive jurisdiction to disband
any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a library board or school board
office.
(3) A political action committee that has filed a statement or
report with the election board, unless the political action
committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or report
with the election board, unless the regular party committee has
also filed a report with the election division.
(e) The commission or a county election board may administratively
disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the
election division or county election board shall review the list of
committees that have filed statements of organization with the
division or board under this article.
(2) If the election division or county election board determines
both of the following, the election division or county election
board may begin a proceeding before the commission or board to
administratively disband the committee:
(A) The committee has not filed any report of expenditures
during the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amount
that does not exceed one thousand dollars ($1,000), if the
committee filed a report under this article.
(3) The election division or county election board shall provide
notice of the proceeding by certified mail to the last known
address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order administratively
dissolving the committee and waiving any outstanding civil
penalty previously imposed by the commission or board, if the
commission or board makes the following findings:
(A) There is no evidence that the committee continues to
receive contributions, make expenditures, or otherwise
function as a committee.
(B) The prudent use of public resources makes further efforts
to collect any outstanding civil penalty imposed against the
committee wasteful or unjust.
(C) According to the best evidence available to the
commission or board, the dissolution of the committee will not
impair any contract or impede the collection of a debt or
judgment by any person.
(5) The election division shall arrange for the publication in the
Indiana Register of an order administratively disbanding a
committee. A county election board shall publish a notice under
IC 5-3-1 stating that the board has disbanded a committee under
this subsection. The notice must state the date of the order and the
name of the committee, but the board is not required to publish
the text of the order.
(6) An order issued under this subsection takes effect immediately
upon its adoption, unless otherwise specified in the order.
(f) If the chairman or treasurer of a committee wishes to disband the
committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under
IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of
civil penalties, a dissolution or transfer of funds does not relieve the
committee or the committee's members from civil or criminal liability.
by a district that does not include all of Indiana);
(2) an aggregate of five thousand dollars ($5,000) apportioned in
any manner among all state committees of political parties;
(3) an aggregate of two thousand dollars ($2,000) apportioned in
any manner among all candidates for the senate of the general
assembly;
(4) an aggregate of two thousand dollars ($2,000) apportioned in
any manner among all candidates for the house of representatives
of the general assembly;
(5) an aggregate of two thousand dollars ($2,000) apportioned in
any manner among regular party committees organized by a
legislative caucus of the senate of the general assembly;
(6) an aggregate of two thousand dollars ($2,000) apportioned in
any manner among regular party committees organized by a
legislative caucus of the house of representatives of the general
assembly;
(7) an aggregate of two thousand dollars ($2,000) apportioned in
any manner among all candidates for library board offices,
school board offices, and local offices; and
(8) an aggregate of two thousand dollars ($2,000) apportioned in
any manner among all central committees other than state
committees.
[EFFECTIVE JULY 1, 2009]: 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) A candidate for a local 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) A candidate for a library board or school board office unless
the candidate is required to file a written instrument designating
a principal committee under IC 3-9-1-5.5.
(3) Elections for precinct committeeman or delegate to a state
convention.
(4) An auxiliary party organization.
days before a general election.
separate from ballots cast in any other precinct, so that the votes
cast for each candidate and on each public question in each of the
precincts administered by the board may be determined.
IC 3-11-2-5 applies if the certification or petition does not include a
name or device, or if the same device is selected by two (2) or more
parties or petitioners.
(e) The offices on the general election ballot must be placed on the
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,
IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-12.9,
IC 3-11-2-13(a) through IC 3-11-2-13(c), IC 3-11-2-14(a), and
IC 3-11-2-14(d). The offices and public questions may be listed in a
continuous column either vertically or horizontally and on a number of
separate pages. However, library board and school board offices,
public questions concerning the retention of a justice or judge, local
nonpartisan judicial offices, and local public questions must be placed
at the beginning of separate columns.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in a uniform size and type.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on a library board or
the governing body of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(k) The following information must be placed at the top of the ballot
before the first office is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c),
and IC 3-11-2-10(d).
(l) The ballot must include a single connectable arrow, circle, oval,
or square, or a voting position for voting a straight party or an
independent ticket (described in IC 3-11-2-6) by one (1) mark as
required by section 14 of this chapter, and the single connectable
arrow, circle, oval, or square, or the voting position for casting a
straight party or an independent ticket ballot must be identified by:
and
(2) include a ballot variation code to ensure that the proper
version of a ballot label is used within a precinct.
(c) Each type of ballot label or paster must be of uniform size and
of the same quality and color of paper (except as permitted under
IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners must be listed on the ballot label with the name and device
set forth on the certification or petition. The circle containing the
device may be of any size that permits a voter to readily identify the
device. IC 3-11-2-5 applies if the certification or petition does not
include a name or device, or if the same device is selected by two (2)
or more parties or petitioners.
(e) The ballot labels must list the offices on the general election
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,
IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-12.9,
IC 3-11-2-13(a) through IC 3-11-2-13(c), IC 3-11-2-14(a), and
IC 3-11-2-14(d). Each office and public question may have a separate
screen, or the offices and public questions may be listed in a
continuous column either vertically or horizontally. However, library
board and school board offices, public questions concerning the
retention of a justice or judge, local nonpartisan judicial offices, and
local public questions shall be placed at the beginning of separate
columns or pages.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
candidates to be elected) candidate(s) for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must be
placed at the top or beginning of the ballot label before the first office
is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c), and
IC 3-11-2-10(d) may be:
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the
voter to easily read the instructions.
(m) The ballot label must include a touch sensitive point or button
for voting a straight political party or independent ticket (described in
IC 3-11-2-6) by one (1) touch, and the touch sensitive point or button
must be identified by:
(1) the name of the political party or independent ticket; and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform size
and type, and arranged in the order established by subsection (g) for
listing candidates under each office. The instructions described in
IC 3-11-2-10(b) for voting a straight party ticket and the statement
concerning presidential electors required under IC 3-10-4-3 may be
placed on the ballot label or in a location within the voting booth that
permits the voter to easily read the instructions.
(n) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
point or button must be used instead of a square. Except as expressly
authorized or required by statute, a county election board may not print
a ballot label that contains language concerning the public question
other than the language authorized by a statute.
(o) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic
voting systems.
(p) The procedure described in IC 3-11-2-16 must be used when a
ballot label does not comply with the requirements imposed by this title
or contains another error or omission that might result in confusion or
mistakes by voters.
whenever a voter:
(1) votes a straight party ticket; and
(2) votes only for one (1) or more individual candidates who are
all of the same political party as the straight ticket vote.
The straight ticket vote shall be counted and the individual candidate
votes may not be counted.
(b) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) only one (1) person may be elected to an office; and
(3) the voter has voted for one (1) individual candidate for the
office described in subdivision (2) who is:
(A) a candidate of a political party other than the party for
which the voter voted a straight ticket; or
(B) an independent candidate for the office.
If the voter has voted for one (1) individual candidate for the office
described in subdivision (2), the individual candidate vote for that
office shall be counted, the straight party ticket vote for that office may
not be counted, and the straight party ticket votes for other offices on
the ballot shall be counted.
(c) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party; and
(2) the voter has voted for more individual candidates for the
office than the number of persons to be elected to that office.
The individual candidate votes for that office may not be counted, the
straight party ticket vote for that office may not be counted, and the
straight party ticket votes for other offices on the ballot shall be
counted.
(d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates;
(B) candidates of a political party other than the political party
for which the voter cast a straight party ticket under
subdivision (1); or
(C) a combination of candidates described in clauses (A) and
(B).
The individual votes cast by the voter for the office for the independent
candidates and the candidates of a political party other than the
political party for which the voter cast a straight party ticket shall be
counted. The straight party ticket vote cast by that voter for that office
shall be counted unless the total number of votes cast for the office by
the voter, when adding the voter's votes for the individual candidates
for the office and the voter's straight party ticket votes for the office, is
greater than the number of persons to be elected to the office. If the
total number of votes cast for the office is greater than the number of
persons to be elected to the office, the straight party ticket votes for the
office may not be counted. The straight party ticket votes for other
offices on the voter's ballot shall be counted.
(e) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates or candidates of a political party
other than the political party for which the voter cast a straight
party ticket under subdivision (1); and
(B) candidates of the same political party for which the voter
cast a straight party ticket under subdivision (1).
The individual votes cast by the voter for the office for the independent
candidates and the candidates of a political party other than the
political party for which the voter cast a straight party ticket shall be
counted. The individual votes cast by the voter for the office for the
candidates of the same political party for which the voter cast a straight
party ticket may not be counted. The straight party ticket vote cast by
that voter for that office shall be counted unless the total number of
votes cast for the office by the voter, when adding the voter's votes for
the individual candidates for the office and the voter's straight party
ticket vote for the office is greater than the number of persons to be
elected to the office. If the total number of votes cast for the office is
greater than the number of persons to be elected to the office, the
straight party ticket votes for that office may not be counted. The
straight party ticket votes for other offices on the voter's ballot shall be
counted.
(f) If a voter votes a straight party ticket for more than one (1)
political party, the whole ballot is void with regard to all candidates
nominated by a political party or designated as independent candidates
on the ballot. However, the voter's vote for a library board or school
board candidate or on a public question shall be counted if otherwise
valid under this chapter.
(g) If a voter does not vote a straight party ticket and the number of
votes cast by that voter for the candidates for an office are less than or
equal to the number of openings for that office, the individual
candidates votes shall be counted.
(h) If a voter does not vote a straight party ticket and the number of
votes cast by that voter for an office exceeds the number of openings
for that office, none of the votes concerning that office may be counted.
board office described in subsection (a) with an election district located
in more than one (1) county and a local public question placed on the
ballot in more than one (1) county. The circuit court clerk of the county
that contains the greatest percentage of the population of the election
district shall, upon demand of the candidate or a person entitled to
request a recount of the votes cast on a public question under
IC 3-12-12:
(1) obtain the certified statement of the votes cast for that office
or on that question that was prepared under IC 3-12-4-9 from the
circuit court clerk in each other county in which the election
district is located;
(2) tabulate the total votes cast for that office or on that question
as shown on the certified statement of each county in the election
district; and
(3) issue a certificate of election to the candidate when permitted
under section 16 of this chapter or a certificate declaring the local
public question approved or rejected.
of a political party of which the candidate entitled to file a petition
under this chapter was a member may file a petition to contest the
nomination or election of a candidate. A county chairman is entitled to
contest an election under this chapter only in a partisan race.
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. This chapter applies only to Class 1 public
libraries that are not governed by IC 36-12-2.5.
library board. If the resolution provides for staggering the
election of members, the resolution must provide for the
following:
(A) That all library board member elections occur during
an even-numbered year.
(B) A:
(i) statement of which members first elected to the board
serve a two (2) year term and which members serve a
four (4) year term; or
(ii) rule to determine after the election of members which
members serve a two (2) year term and which members
serve a four (4) year term.
(C) That the term of the members first elected begins on
January 1 after the election.
(D) That after the first election of the members of the
library board, members serve a four (4) year term,
beginning January 1 after their election.
(2) Other provisions the board considers useful for transition
to an elected library board that are not inconsistent with this
article.
Sec. 4. (a) The election of the members of a library board may
be initiated by a petition filed with the following:
(1) The current library board.
(2) The Indiana library and historical board.
(3) The circuit court clerk of each county in which the library
district has territory.
(b) The petition must be signed by at least twenty percent (20%)
of the registered voters who reside in the library district.
(c) The petition must include the following information:
(1) A request that the library board adopt a resolution under
section 3 of this chapter to provide for the election of the
members of the library board.
(2) A statement that if the library board does not adopt a
resolution under section 3 of this chapter, that the petitioners
request a public question be put to the voters who reside in
the library district whether an elected library board as
provided in the plan required by subdivision (4) should
govern the library district.
(3) The date of the election at which the public question
should be put to the voters. The public question shall be put
to the voters at the general, primary, or special election
requested in the petition. If the public question is held at a
special election, the library district shall pay the cost of the
election.
(4) A plan for election of the member of the library board that
contains substantially the same information required by a
resolution adopted under section 3 of this chapter.
(d) Not later than ten (10) days after a petition is filed under
subsection (c), the library board shall give notice of the filing of the
petition under this section in two (2) newspapers of general
circulation:
(1) one (1) of which is published in the county where the
administrative offices of the library district is located; and
(2) another newspaper that circulates in any of the library
district's territory.
(e) The following apply to a petition filed under this section:
(1) The petition must show the following:
(A) The date on which each individual signed the petition.
(B) The residence of each individual on the date the
individual signed the petition.
(2) The petition must include an affidavit of the individual
circulating the petition stating that each signature on the
petition:
(A) was affixed in the individual's presence; and
(B) is the true signature of the individual who signed the
petition.
(3) The circuit court clerk or the board of registration shall do
the following:
(A) Strike all names appearing more than one (1) time on
the petition.
(B) Certify the number of signatures on the petition that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters who
reside in the library district.
(f) The circuit court clerk shall do the following:
(1) Complete the certification required by subsection (e) not
later than fifteen (15) days after the petition is filed.
(2) Certify the results to the following:
(A) The current library board.
(B) The Indiana library and historical board.
Sec. 5. (a) This section applies only if both of the following
apply:
(1) The petition filed under section 4 of this chapter materially
complies with section 4 of this chapter.
district must have resided in the member district for at least one
(1) year before the election.
Sec. 9. (a) An individual who wants to be a candidate for
election to the library board must file a petition of nomination with
the county election board:
(1) not earlier than one hundred four (104) days; and
(2) not later than noon seventy-four (74) days;
before the election at which library board members are to be
elected.
(b) A candidate's petition of nomination must satisfy the
requirements of IC 3-8-6-5.
(c) A candidate's petition of nomination must include the
signatures of at least ten (10) registered voters residing in the
library district.
Sec. 10. (a) The members of the library board shall be elected at
a general election.
(b) All candidates shall be listed for each office in the form
prescribed by IC 3-11-2, but without party designation. Voting and
tabulation of votes shall be conducted in the same manner as voting
and tabulation in general elections are conducted. The precinct
election boards serving in each county shall conduct the election
for members of the governing body. If a library district is located
in more than one (1) county, each county election board shall print
the ballots required for voters in that county to vote for candidates
for members of the library board.
(c) Only eligible voters residing in the library district may vote
for a candidate to be an at-large member of the library board. The
candidates who receive the most votes are elected.
(d) Only eligible voters residing in the member district may vote
for a candidate to represent that member district. The candidate
who receives the most votes is elected.
(e) To the extent not inconsistent with this chapter, IC 3
otherwise applies to the election of library board members.
Sec. 11. Members elected after the first election for members
held under this chapter shall serve a term of four (4) years,
beginning January 1 after their election.
Sec. 12. Before assuming office an individual elected to a library
board under this chapter shall take an oath of office, before an
official authorized by law to administer the oath, to the effect that
the individual will faithfully discharge a member's duties to the
best of the individual's ability.
Sec. 13. (a) The following apply to a library district governed
under this chapter:
(1) IC 36-12-2-2.
(2) IC 36-12-2-3.
(3) IC 36-12-2-4.
(4) IC 36-12-2-21.
(5) IC 36-12-2-22.
(6) IC 36-12-2-24.
(7) IC 36-12-2-25.
(b) A library district governed under this chapter has all other
powers and duties of a Class 1 library that are not inconsistent
with this chapter.
Sec. 14. (a) At the library board's first meeting each year, the
board shall do the following:
(1) Elect from the board members a president, a vice
president, a secretary, and other officers that the board
determines are necessary.
(2) Adopt bylaws for the board's procedure and management
and for the management of the public library.
(b) The library board shall elect its officers annually.
(c) A majority of the library board members constitutes a
quorum for the transaction of business. The library board shall
meet:
(1) at least monthly; and
(2) at any other time a meeting is necessary.
(d) Meetings shall be called by the president or any two (2)
board members. All meetings of the board, except necessary
executive sessions, are open to the public.
Sec. 15. (a) A vacancy occurs whenever a member is absent
from six (6) consecutive regular board meetings for any cause
other than illness.
(b) The library board shall appoint an individual who is
qualified under this article to fill a vacancy for the remainder of
the unexpired term.
Sec. 16. (a) The library board shall draw new member districts:
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to
IC 3-11-1.5-32.
(b) Before the library board adopts a resolution dividing the
library district into member districts, the secretary of the library
board must send a written notice to the circuit court clerk. The
notice must:
(1) state that the library board is considering the adoption of
a resolution described by this subsection; and
(2) be mailed not later than ten (10) days before the library
board adopts the resolution.
(c) The member districts must satisfy the following:
(1) The districts must be composed of contiguous territory,
except for territory that is not contiguous to any other part of
the library district.
(2) The districts must be reasonably compact, subject only to
natural boundary lines (such as railroads, major highways,
rivers, creeks, parks, and major industrial complexes).
(3) The districts may not cross precinct boundary lines, except
as provided in subsection (d) or (e).
(4) The districts must contain, as nearly as is possible, equal
population.
(d) The boundary of a member district may cross a precinct
boundary line if:
(1) more than one (1) member of the library board elected
from the districts resides in one (1) precinct established under
IC 3-11-1.5 after the most recent election for the library
board; and
(2) following the establishment of a member district whose
boundary crosses a precinct boundary line, not more than one
(1) member of the library board elected from districts resides
within the same member district.
(e) The boundary of a library board may cross a precinct line if
the districts would not otherwise contain, as nearly as is possible,
equal population.
(f) A member district with a boundary described by subsection
(d) or (e) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the library board certifies in the resolution
establishing the member districts that the census block has no
population, and is not likely to ever have population.
(g) If any territory in the library district is not included in one
(1) of the member districts, that territory is included in the
member district that:
(1) is contiguous to that territory; and
(2) contains the least population of all member districts
contiguous to that territory.
(h) If any territory in the library district is included in more
than one (1) of the member districts, that territory is included in
the member district that:
(1) is one (1) of the member districts in which the territory is
described in the resolution establishing the districts;
(2) is contiguous to that territory; and
(3) contains the least population of all member districts
contiguous to that territory.