Bill Text: IN HB1004 | 2012 | Regular Session | Enrolled
Bill Title: Various election law matters.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [HB1004 Detail]
Download: Indiana-2012-HB1004-Enrolled.html
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
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
AN ACT to amend the Indiana Code concerning elections.
(b) Except as provided in subsection (c) or (d), if there is an election for any office of the municipality, all nominees for each office must be on the ballot.
(c) If:
(1) there is an election for at least one (1) of a municipality's legislative body members;
(2) only the voters who reside in a legislative body district are eligible to vote in the election for a legislative body member; and
(3) there is no election for an office to be voted on by all voters of the municipality;
the county election board may, by unanimous vote of the entire membership of the board, adopt a resolution providing that an election will be held only in the legislative body districts within the municipality in which voters will elect legislative body members under subdivision (2). The names of unopposed candidates for an office to be voted on by all voters of the municipality shall not be placed on the ballot used for the election of municipal legislative
body members under this subsection.
(d) This subsection applies only if the county election board
adopts a resolution by a unanimous vote of the entire membership
of the board making this subsection applicable in the county. An
election may not be held for a municipal office if:
(1) there is only one (1) nominee for the office or only one (1)
person has filed a declaration of intent to be a write-in candidate
for the office under IC 3-8-2-2.5; and
(2) no person has filed a declaration of intent to be a write-in
candidate for the office under IC 3-8-2-2.5 that results in a contest
for election to the same municipal office.
A resolution adopted under this subsection expires on January 1 of
the year following the year the resolution was adopted.
(b) A municipal election conducted under this chapter shall be held at the time prescribed by IC 3-10-6.
(d) If:
(1) there is an election for at least one (1) of the town's legislative body members;
(2) only the voters who reside in a legislative body district are eligible to vote in the election for a legislative body member; and
(3) there is no election for an office to be voted on by all voters of the town;
the county election board (or town election board if that board is conducting the election under this chapter) may, by unanimous vote of the entire membership of the board, adopt a resolution providing that an election will be held only in the legislative body districts within the town in which voters will elect legislative body members under subdivision (2). The names of unopposed candidates for an office to be voted on by all voters of the town shall not be placed on the ballot used for the election of town legislative body members under this subsection.
(e) This subsection applies only if the county election board adopts a resolution by a unanimous vote of the entire membership of the board making this subsection applicable in the county. This
subsection applies to a municipal office elected during a municipal or
general election. An election may not be held for a municipal office if:
(1) there is only one (1) nominee for the office or only one (1)
person has filed a declaration of intent to be a write-in candidate
for the office under IC 3-8-2-2.5; and
(2) no person has filed a declaration of intent to be a write-in
candidate for the office under IC 3-8-2-2.5 that results in a contest
for election to the same municipal office.
A resolution adopted under this subsection expires on January 1 of
the year following the year the resolution was adopted.
(1) The voter's name.
(2) The date the application is received.
(3) The date the ballot is sent to the voter.
(4) If mailed, the address to which the ballot is sent.
(5) If transmitted by fax, the fax number to which the ballot is faxed.
(6) The date the ballot is marked before the clerk or otherwise received from the voter.
(7) The combined total number of absentee ballots sent by the county to absent uniformed services voters and overseas voters.
(8) The total number of absentee ballots returned by voters described in subdivision (7) in time to be counted.
(9) The total number of absentee ballots described in subdivision (7) that were counted in whole or in part.
(10) Any other information that is necessary or advisable.
(b) If a quorum required under the rules of a meeting held under this chapter is not present, the county chairman shall fill the candidate vacancy.
among a group of chairmen acting under section 4 or 5(b) of this
chapter, the state chairman may cast the tiebreaking vote.
(b) If a quorum required under the rules of a meeting held
under this chapter is not present, the state chairman shall fill the
candidate vacancy.
(b) If a quorum required under the rules of a meeting held under this chapter is not present, the county chairman shall fill the vacancy that exists in the local office.
(b) The commencement and termination of terms of members of a governing body are as follows:
(1) Except as provided in subdivision (2), the governing body of each school corporation shall determine whether the term of office for the governing body's members extends from January 1 to December 31 or from July 1 to June 30. A governing body that makes a change in the commencement date of the governing body's members' terms shall report the change to the state board before August 1 preceding the year in which the change takes place. An ex officio member of a governing body shall take office at the time the ex officio member takes the oath of the office by virtue of which the ex officio member is entitled to become an ex officio member.
(2) In a county having a population of more than four hundred thousand (400,000), the terms of office for the members of a governing body
(c) If a vacancy in the membership of a governing body occurs for any reason (including the failure of a sufficient number of petitions for candidates for governing body membership being filed for an election
and whether the vacancy was of an elected or appointed member), the
remaining members of the governing body shall by majority vote fill
the vacancy by appointing a person from within the boundaries of the
school corporation, with the residence and other qualifications
provided for a regularly elected or appointed board member filling the
membership, to serve for the term or the balance of the term. However,
this subsection does not apply to a vacancy:
(1) of a member who serves on a governing body in an ex officio
capacity; or
(2) a vacancy in an appointed board membership if a plan,
resolution, or law under which the school corporation operates
specifically provides for filling vacancies by the appointing
authority.
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