Bill Text: IN HB1004 | 2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.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 inthis 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 orthis style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
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-Amended.html
January 13, 2012
HOUSE BILL No. 1004
_____
DIGEST OF HB 1004
(Updated January 11, 2012 6:01 pm - DI 75)
Citations Affected: IC 3-10; IC 3-13; IC 20-26.
Synopsis: Various election law matters. Provides that elections for
municipal office that are uncontested may be held if the county election
board adopts a resolution by unanimous vote providing that certain
statutes do not apply in the county. Provides that if a caucus called to
fill a candidate vacancy or a vacancy in certain local offices does not
obtain a quorum, the applicable political party county chairman or state
chairman is required to fill the vacancy. Corrects a reference to the
terms of office of school board members to conform the law to the
amendments made during the 2011 session that provide that all elected
school board members are elected at a general election.
Effective: Upon passage; January 1, 2013.
Richardson
, Koch
January 9, 2012, read first time and referred to Committee on Elections and
Apportionment.
January 12, 2012, reported _ Do Pass.
January 13, 2012
Second Regular Session 117th General Assembly (2012)
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
HOUSE BILL No. 1004
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-10-6-7.5; (12)HB1004.1.1. -->
SECTION 1. IC 3-10-6-7.5, AS AMENDED BY P.L.225-2011,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 7.5. (a) This section applies to a municipal
office elected during a municipal or general election.
(b) This section does not apply if the county election board, by unanimous vote of the entire membership of the board, adopts a resolution providing that this section does not apply to municipal elections held in the county. A resolution adopted under this subsection remains in effect until rescinded by the county election board. The election board may not rescind the resolution during the final sixty (60) days before a municipal election.
(b) (c) 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
(b) This section does not apply if the county election board, by unanimous vote of the entire membership of the board, adopts a resolution providing that this section does not apply to municipal elections held in the county. A resolution adopted under this subsection remains in effect until rescinded by the county election board. The election board may not rescind the resolution during the final sixty (60) days before a municipal election.
(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.
SOURCE: IC 3-10-7-6; (12)HB1004.1.2. -->
SECTION 2. IC 3-10-7-6, AS AMENDED BY P.L.225-2011,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 6. (a) A municipal election conducted under
this chapter shall be held at the time prescribed by IC 3-10-6.
(b) This section does not apply if the county election board, by unanimous vote of the entire membership of the board, adopts a resolution providing that this section does not apply to municipal elections held in the county. A resolution adopted under this subsection remains in effect until rescinded by the county election board. The election board may not rescind the resolution during the final sixty (60) days before a municipal election.
(b) (c) 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.
(b) This section does not apply if the county election board, by unanimous vote of the entire membership of the board, adopts a resolution providing that this section does not apply to municipal elections held in the county. A resolution adopted under this subsection remains in effect until rescinded by the county election board. The election board may not rescind the resolution during the final sixty (60) days before a municipal election.
(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.
SOURCE: IC 3-13-1-12; (12)HB1004.1.3. -->
SECTION 3. IC 3-13-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 12. (a) If a tie
vote occurs among participants acting under section 3, 4, 5, or 6(b) of
this chapter, the chairman of the meeting may cast the tiebreaking vote.
If a tie vote occurs among participants acting under section 6(a) of this
chapter, the county 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 county 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 candidate vacancy.
SOURCE: IC 3-13-2-6; (12)HB1004.1.4. -->
SECTION 4. IC 3-13-2-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2013]: Sec. 6. (a) If a tie vote occurs
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 state chairman shall fill the candidate vacancy.
SOURCE: IC 3-13-11-8; (12)HB1004.1.5. -->
SECTION 5. IC 3-13-11-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 8. (a) Except as
provided in this chapter, the caucus shall establish the caucus rules of
procedure. The chairman shall break any tie vote that occurs in the
caucus.
(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) 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.
SOURCE: IC 20-26-4-4; (12)HB1004.1.6. -->
SECTION 6. IC 20-26-4-4, AS ADDED BY P.L.1-2005, SECTION
10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 4. (a) This section does not apply to a school city of
the first class or to a school corporation succeeding to all or the major
part in area of a school city of the first class.
(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 bodywhether elected or who are appointed,
commence on July 1 of the year in which the members are to take
office under the plan, resolution, or law under which the school
corporation is established, and terminate on the June 30 of the
final year of the term for which the members are to serve under
the plan, resolution, or law.
(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,
(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.
SOURCE: ; (12)HB1004.1.7. -->
SECTION 7. An emergency is declared for this act.
