Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 287
AN ACT to amend the Indiana Code concerning elections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-5-2-44 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 44. "School board" means the fiscal
governing body of a school corporation (as defined in IC 20-18-2-5).
SECTION 2. IC 3-8-2.5-2.5, AS AMENDED BY P.L.227-2023,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.5. (a) A petition of nomination for a school
board office must state all of the following:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the
ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
The petition must specify, by a designation described in
IC 3-5-7-5, each designation that the candidate wants to use that
is permitted by IC 3-5-7.
(2) The address of each candidate, including the mailing address,
if different from the residence address of the candidate.
(3) The school board office that each candidate seeks.
(4) That each petitioner is a qualified registered voter and desires
to be able to vote for the candidates listed on the petition.
(5) One (1) of the following:
(A) The candidate's political party affiliation.
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(B) That the candidate is an independent candidate.
(C) That the candidate elects not to disclose any affiliation
with a political party or that the candidate:
(i) is not affiliated with a political party; and
(ii) does not identify as an independent candidate.
Unless a candidate who states a political party affiliation
under clause (A) is challenged under section 7 of this chapter,
the candidate's statement under this subdivision must be
indicated on the ballot in the manner determined by the
county election board.
(b) The petition of nomination must be accompanied by the
following:
(1) The candidate's written consent to become a candidate.
(2) 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 referred to
in clause (A).
(3) A statement by the candidate that the candidate is aware of the
requirement 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.
(4) A statement indicating whether or not each candidate:
(A) has been a candidate for state, legislative, local, or school
board office in a previous primary, municipal, special, or
general election; and
(B) has filed all reports required by IC 3-9-5-10 for all
previous candidacies.
(5) A statement that each candidate is legally qualified to hold the
office that the candidate seeks, including any applicable residency
requirements and restrictions on service due to a criminal
conviction.
(6) Any statement of economic interests required under IC 3-8-9.
(7) The certification of the county chairman, if required under
subsection (c).
(c) If a candidate claims affiliation with a major political party
under subsection (a)(5)(A), the candidate must have voted in the
two (2) most recent primary elections in Indiana held by the party
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with which the candidate claims affiliation. The petition must
provide a place for the candidate to affirm the candidate's primary
election participation, if the candidate chooses affiliation with a
major political party. If the candidate did not vote in the two (2)
most recent primary elections in Indiana held by the party with
which the candidate claims affiliation, the county chairman of:
(1) the political party with which the candidate claims
affiliation; and
(2) the county in which the candidate resides;
must certify in writing that the candidate is a member of the
political party for the candidate's claimed affiliation to be valid.
The petition of nomination must inform candidates how political
party affiliation is determined under this subsection.
SECTION 3. IC 3-8-2.5-7, AS AMENDED BY P.L.34-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) A person may not be selected as a candidate
by petition of nomination without giving written consent and having it
filed with the public official with whom certificates and petitions of
nomination are required to be filed.
(b) Each candidate nominated by petition of nomination for a school
board office must satisfy all statutory eligibility requirements for the
office for which the candidate is nominated, including the filing of
statements of economic interest.
(c) A statement questioning the validity of a petition of nomination
or contesting the denial of certification under section 6 of this chapter
must be filed with the county election board in accordance with
IC 3-8-1-2 not later than noon seventy-four (74) days before the date
of the general election. A question regarding the validity of a petition
of nomination or the denial of certification shall be referred to and
determined by the county election board not later than noon sixty (60)
days before the date of the general election.
(d) A statement concerning the validity of a declaration of intent to
be a write-in candidate for a school board office under section 4 of this
chapter must be filed with the county election board in accordance with
IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
the general election. A question regarding the validity of a declaration
of intent to be a write-in candidate for a school board office 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.
(e) If a candidate's petition states that the candidate is affiliated
with a major political party, that statement may be challenged
under this section. A challenge under this subsection succeeds only
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if the challenger shows both of the following:
(1) The candidate did not vote in the two (2) most recent
primary elections in Indiana held by the party with which the
candidate claims affiliation.
(2) The county chairman of:
(A) the political party with which the candidate claims
affiliation; and
(B) the county in which the candidate resides;
did not certify that the candidate is a member of the political
party with which the candidate claims affiliation. If the
candidate produces a copy of the certification of the county
chairman of the political party with which the candidate
claims affiliation at the time the candidate filed the petition,
the claim of a challenger under this subdivision is conclusively
rebutted.
(f) Unless a challenger shows under subsection (e) that a
candidate is not affiliated with the major political party with which
the candidate claims affiliation, the candidate's claimed political
party affiliation shall be indicated on the ballot as required by
section 2.5(a)(5) of this chapter.
(g) A candidate's:
(1) claimed political party affiliation with a party other than
a major political party; or
(2) statement under section 2.5(a)(5)(B) of this chapter that
the candidate is an independent candidate; or
(3) statement under section 2.5(a)(5)(C) of this chapter that
the candidate elects not to disclose any affiliation with a
political party or that the candidate:
(A) is not affiliated with a political party; and
(B) does not identify as an independent candidate;
is not subject to challenge under this section.
SECTION 4. IC 3-11-2-9, AS AMENDED BY P.L.227-2023,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) The device of each political party described
in section 6 of this chapter shall be:
(1) enclosed in a circle not less than three-fourths (3/4) of an inch
in diameter; and
(2) placed under the name of the party or independent ticket, as
required by section 10 of this chapter.
(b) A device of a political party must not be printed on a ballot if:
(1) there are no candidates of that political party; or
(2) the only candidates:
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(A) of the political party; or
(B) that have stated an affiliation with the political party
under IC 3-8-2.5-2.5(a)(5);
are for election to school board offices or offices to which more
than one (1) individual is to be elected and which will not be
credited with a vote under IC 3-12-1-7 or IC 3-12-1-7.1 if a voter
casts a straight party ticket.
SECTION 5. IC 3-11-2-10, AS AMENDED BY P.L.227-2023,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) Public questions shall be placed on the
general election ballot in the following order after the statement
described in section 7 of this chapter, and the instructions described in
subsections (d) and (e) and section 8 of this chapter, if instructions are
printed on the ballot:
(1) Ratification of a state constitutional amendment.
(2) Local public questions.
Subject to section 10.1 of this chapter, each public question shall be
placed in a separate column on the ballot.
(b) The name or title of the political party shall be placed on the
general election ballot after the public questions described in
subsection (a). The device of the political party shall be placed
immediately under the name of the political party. Notwithstanding
section 8(b) of this chapter, the instructions for voting a straight party
ticket shall be placed to the right of the device on the ballot.
(c) The instructions for voting a straight party ticket must conform
as nearly as possible to the following:
"(1) You are not required to vote a straight party ticket. If you do
not wish to vote a straight party ticket, do not make a mark in this
section, and proceed to voting the ballot by office.
(2) To vote a straight (insert political party name) ticket for all
(insert political party name) candidates on this ballot, except for
candidates described in (3) below, make a voting mark on or in
this circle and do not make any other marks on this ballot.
(3) To vote for any candidate for:
(A) an at-large office (insert county council, city common
council, town council, or township board if those offices
appear on this ballot) to which more than one (1) person may
be elected; or
(B) a school board office;
you must make another voting mark for each candidate you wish
to vote for. Your straight party vote will not count as a vote for
any candidate for that office.
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(4) If you wish to vote for a candidate seeking a nonpartisan office
or on a public question, you must make another voting mark on
the appropriate place on this ballot.".
(d) Except as permitted under section 8(b) of this chapter, if the
ballot contains an independent ticket described in section 6 of this
chapter and at least one (1) other independent candidate, the ballot
must also contain a statement that reads substantially as follows: "A
vote cast for an independent ticket will only be counted for the
candidates for President and Vice President or governor and lieutenant
governor comprising that independent ticket. This vote will NOT be
counted for any OTHER independent candidate appearing on the
ballot.".
(e) Except as permitted under section 8(b) of this chapter, the ballot
must also contain a statement that reads substantially as follows: "A
write-in vote will NOT be counted unless the vote is for a DECLARED
write-in candidate. To vote for a write-in candidate, you must make a
voting mark on or in the square to the left of the name you have written
in or your vote will not be counted.".
(f) Subject to section 10.1 of this chapter, the list of candidates of
the political party shall be placed immediately under the instructions
for voting a straight party ticket. The names of the candidates shall be
placed three-fourths (3/4) of an inch apart from center to center of the
name. The name of each candidate must have, immediately on its left,
a square three-eighths (3/8) of an inch on each side.
(g) The circuit court clerk may authorize the printing of ballots
containing a ballot variation code to ensure that the proper version of
a ballot is used within a precinct.
SECTION 6. IC 3-11-2-12.9, AS AMENDED BY P.L.109-2021,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12.9. (a) School board offices to be elected at the
general election shall be placed on the general election ballot after the
offices described in section 12.4 of this chapter. with each candidate
for the office designated as "nonpartisan".
(b) If the ballot contains a candidate for a school board office, the
ballot must also contain a statement that reads substantially as follows:
"To vote for a candidate for this office, make a voting mark on or in the
square to the left of the candidate's name. A straight party vote will
not count as a vote for any candidate for this office.".
(c) Whenever candidates are to be elected to a school board office
that includes both an at-large member and a member representing a
district, the candidates seeking election as an at-large member shall be
placed on the ballot before candidates seeking to represent a district.
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SECTION 7. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), a
ballot card voting system must permit a voter to vote:
(1) except at a primary election, a straight party ticket for all of
the candidates of one (1) political party by a single voting mark
on each ballot card;
(2) for one (1) or more candidates of each political party or
independent candidates, or for one (1) or more school board
candidates nominated by petition;
(3) a split ticket for the candidates of different political parties
and for independent candidates; or
(4) a straight party ticket and then split that ticket by casting
individual votes for candidates of another political party or
independent candidate.
(b) A ballot card voting system must require that a voter who wishes
to cast a ballot for a candidate for election to a school board office or
an at-large district to which more than one (1) person may be elected,
on a:
(1) county council;
(2) city common council;
(3) town council; or
(4) township board;
make a voting mark for each individual candidate for whom the voter
wishes to cast a vote. The ballot card voting system may not count any
straight party ticket voting mark as a vote for any candidate for an
office described by this subsection.
(c) A ballot card voting system must permit a voter to vote:
(1) for all candidates for presidential electors and alternate
presidential electors of a political party or an independent ticket
by making a single voting mark; and
(2) for or against a public question on which the voter may vote.
SECTION 8. IC 3-11-7-6, AS AMENDED BY P.L.164-2006,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. Subject to IC 3-12-1-7.1, a ballot card voting
system must count a ballot in accordance with IC 3-12-1-7 when a
voter votes a straight ticket vote and votes for individual candidates as
described by IC 3-12-1-7.
SECTION 9. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) Except as provided in subsection (b), an
electronic voting system must permit a voter to vote:
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(1) except at a primary election, a straight party ticket for all the
candidates of one (1) political party by touching the device of that
party;
(2) for one (1) or more candidates of each political party or
independent candidates, or for one (1) or more school board
candidates nominated by petition;
(3) a split ticket for the candidates of different political parties
and for independent candidates; or
(4) a straight party ticket and then split that ticket by casting
individual votes for candidates of another political party or
independent candidates.
(b) An electronic voting system must require that a voter who
wishes to cast a ballot for a candidate for election to a school board
office or an at-large district to which more than one (1) person may be
elected, on a:
(1) county council;
(2) city common council;
(3) town council; or
(4) township board;
make a voting mark for each individual candidate for whom the voter
wishes to cast a vote. The electronic voting system may not count any
straight party ticket voting mark as a vote for any candidate for an
office described by this subsection.
(c) An electronic voting system must permit a voter to vote:
(1) for as many candidates for an office as the voter may vote for,
but no more;
(2) for or against a public question on which the voter may vote,
but no other; and
(3) for all the candidates for presidential electors and alternate
presidential electors of a political party or an independent ticket
by making a single voting mark.
SECTION 10. IC 3-11-13-11, AS AMENDED BY P.L.9-2024,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) The ballot information, whether placed on
the ballot card or on the marking device, must be in the order of
arrangement provided for ballots under this section.
(b) Each county election board shall have the names of all
candidates for all elected offices, political party offices, and public
questions printed on a ballot card as provided in this chapter. The
county may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the proper
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version of a ballot is used within a precinct.
(c) Each type of ballot card 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 shall be listed on the ballot 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. In the case of a candidate described in
IC 3-8-2.5-2.5(a)(5)(C), a blank space after the candidate's name
signifying that the candidate elects not to disclose any affiliation
with a political party or that the candidate:
(1) is not affiliated with a political party; and
(2) does not identify as an independent candidate.
(e) The offices and public questions on the general election ballot
must be placed on the ballot in the order listed in IC 3-11-2-12,
IC 3-11-2-12.4, 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(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
public questions may be listed in a continuous column either vertically
or horizontally and on a number of separate 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:
(1) "Vote for one (1) only.", if only one (1) candidate is to be
elected to the office.
(2) "Vote for not more than (insert the number of candidates to be
elected) candidate(s) for this office. To vote for any candidate for
this office, you must make a voting mark for each candidate you
wish to vote for. A straight party vote will not count as a vote for
any candidate for this office.", if more than one (1) candidate is to
be elected to the office.
(3) "Vote for one (1) only. A straight party vote will not count
as a vote for any candidate for this office.", if only one (1)
candidate is to be elected to a school board 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
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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) The name of a candidate described in
IC 3-8-2.5-2.5(a)(5)(C) is placed after the candidates listed in
subdivisions (1) through (5), if applicable.
(6) (7) A space for write-in voting is placed after the candidates
listed in subdivisions (1) through (5), (6), if required by law.
(7) (8) 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. In the
case of a candidate described in IC 3-8-2.5-2.5(a)(5)(C), the name
of the candidate must be printed with a blank space after the
candidate's name signifying that the candidate elects not to disclose
any affiliation with a political party or that the candidate is not
affiliated with a political party and does not identify as an
independent candidate.
(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
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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 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. A straight party
vote will not count as a vote for any candidate for this office.".
(k) The following information must be placed at the top of the ballot
before the first public question 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(d),
and IC 3-11-2-10(e).
(l) The ballot must include a single connectable arrow, circle, oval,
or square, or a voting position for voting a straight party ticket 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 ticket ballot must be identified by:
(1) the name of the political party; and
(2) immediately below or beside the political party's name, the
device of that party (described in IC 3-11-2-5).
The name and device of each political party 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(c) for voting a straight party ticket and the statement
concerning presidential electors required under IC 3-10-4-3 must be
placed on the ballot label. The instructions for voting a straight party
ticket must include the statement: "If you do not wish to vote a straight
party ticket, do not make a mark in this section and proceed to voting
the ballot by office.".
(m) A public question must be in the form described in
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IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
arrow, a circle, or an oval may be used instead of a square. Except as
expressly authorized or required by statute, a county election board
may not print a ballot card that contains language concerning the public
question other than the language authorized by a statute.
(n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) The procedure described in IC 3-11-2-16 must be used when a
ballot 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.
(p) This subsection applies to an optical scan ballot that does not
list:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordance
with this section, except that the ballot must include a numbered circle
or oval to refer to each political party, candidate, or public question.
SECTION 11. IC 3-11-13-14, AS AMENDED BY P.L.227-2023,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. (a) In partisan elections, the ballot labels must
include a voting square or position where a voter may by one (1) voting
mark on each card record a straight party ticket vote for all the
candidates of one (1) political party, except for offices for which the
voter:
(1) is required to cast an individual vote for a candidate under
IC 3-11-7-4(b); or
(2) has voted individually for a candidate for any other office.
(b) A ballot label must not include a voting square or position to
permit a voter to cast a straight party ticket for a political party if:
(1) there are no candidates of that political party; or
(2) the only candidates:
(A) of the political party; or
(B) that have stated an affiliation with the political party
under IC 3-8-2.5-2.5(a)(5);
are for election to school board offices or offices to which more
than one (1) individual is to be elected and which will not be
credited with a vote under IC 3-12-1-7 or IC 3-12-1-7.1 if a voter
casts a straight party ticket.
SECTION 12. IC 3-11-14-3.5, AS AMENDED BY P.L.227-2023,
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SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) Each county election board
shall have the names of all candidates for all elected offices, political
party offices, and public questions printed on ballot labels for use in an
electronic voting system as provided in this chapter.
(b) The county may:
(1) print all offices and public questions on a single ballot label;
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 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. In the case of a candidate described in
IC 3-8-2.5-2.5(a)(5)(C), a blank space after the candidate's name
signifying that the candidate elects not to disclose any affiliation
with a political party or that the candidate:
(1) is not affiliated with a political party; and
(2) does not identify as an independent candidate.
(e) The ballot labels must list the offices and public questions on the
general election ballot in the order listed in IC 3-11-2-12,
IC 3-11-2-12.4, 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(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). 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.
(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:
(1) "Vote for one (1) only.", if only one (1) candidate is to be
elected to the office.
(2) "Vote for not more than (insert the number of candidates to be
elected) candidate(s) for this office. To vote for any candidate for
this office, you must make a voting mark for each candidate you
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wish to vote for. A straight party vote will not count as a vote for
any candidate for this office.", if more than one (1) candidate is to
be elected to the office.
(3) "Vote for one (1) only. A straight party vote will not count
as a vote for any candidate for this office.", if only one (1)
candidate is to be elected to a school board 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) The name of a candidate described in
IC 3-8-2.5-2.5(a)(5)(C) is placed after the candidates listed in
subdivisions (1) through (5), if applicable.
(6) (7) A space for write-in voting is placed after the candidates
listed in subdivisions (1) through (5), (6), if required by law. A
space for write-in voting for an office is not required if there are
no declared write-in candidates for that office. However,
procedures must be implemented to permit write-in voting for
candidates for federal offices.
(7) (8) 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:
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(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 uniform size and type. In the
case of a candidate described in IC 3-8-2.5-2.5(a)(5)(C), the name
of the candidate must be printed with a blank space after the
candidate's name signifying that the candidate elects not to disclose
any affiliation with a political party or that the candidate is not
affiliated with a political party and does not identify as an
independent candidate.
(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 party 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 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. A straight party
vote will not count as a vote for any candidate 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 public
question is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d), and
IC 3-11-2-10(e) 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) Except as provided in section 14.5 of this chapter, the ballot
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label must include a touch sensitive point or button for voting a straight
political party ticket by one (1) touch, and the touch sensitive point or
button must be identified by:
(1) the name of the political party; and
(2) immediately below or beside the political party's name, the
device of that party (described in IC 3-11-2-5).
The name and device of each party 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(c) for voting a straight party ticket and the statement
concerning presidential electors required under IC 3-10-4-3 must be
placed on the ballot label. The instructions for voting a straight party
ticket must include the statement: "If you do not wish to vote a straight
party ticket, press "NEXT" (or replace "NEXT" with the term used by
that voting system to permit a voter to skip a ballot screen) to continue
voting.".
(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.
SECTION 13. IC 3-11-14-14.5, AS AMENDED BY P.L.227-2023,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 14.5. A ballot label must not
include a touch sensitive point or button to permit a voter to cast a
straight party ticket for a political party if:
(1) there are no candidates of that political party; or
(2) the only candidates:
(A) of the political party; or
(B) that have stated an affiliation with the political party
under IC 3-8-2.5-2.5(a)(5);
are for election to school board offices or offices to which more
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than one (1) individual is to be elected and which will not be
credited with a vote under IC 3-12-1-7 or IC 3-12-1-7.1 if a voter
casts a straight party ticket.
SECTION 14. IC 3-12-1-5, AS AMENDED BY P.L.278-2019,
SECTION 137, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This subsection does not
apply to a ballot card voting system or an electronic voting system.
Except as provided in subsection (d), a voting mark made by a voter on
or in a voting square at the left of a candidate's name or political party's
name shall be counted as a vote for the candidate or candidates of the
political party.
(b) This subsection applies to a ballot card voting system. A voting
mark made by a voter:
(1) on or in a circle, oval, or square; or
(2) to connect a connectable arrow;
immediately below or beside a candidate's name or political party's
name shall be counted as a vote for the candidate or candidates of the
political party, except as provided in subsection (d).
(c) This subsection applies to a direct record electronic voting
system. A voting mark made by a voter touching a touch sensitive point
or button below or beside a candidate's name or political party's name
shall be counted as a vote for the candidate or candidates of the
political party, except as provided in subsection (d).
(d) A voter who wishes to cast a ballot for a candidate for election
to a school board office or an at-large district to which more than one
(1) person may be elected on a:
(1) county council;
(2) city common council;
(3) town council; or
(4) township board;
must make a voting mark for each individual candidate for whom the
voter wishes to cast a vote. A straight ticket voting mark on a paper
ballot, ballot card voting system, or electronic voting system shall not
be counted as a straight party ticket voting mark as a vote for any
candidate for an office described by this subsection.
SECTION 15. IC 3-12-1-7.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 7.1. Notwithstanding section 7 of this chapter, a
straight party vote does not count for any candidate for a school
board office.
SECTION 16. IC 3-12-1-8, AS AMENDED BY P.L.278-2019,
SECTION 138, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) Except as provided in
subsection (b), a voting mark made by a voter on or in a circle
containing a political party device shall be counted as a vote for each
candidate of that political party on that ballot.
(b) A voter who wishes to cast a ballot for a candidate for election
to a school board office or an at-large district to which more than one
(1) person may be elected on a:
(1) county council;
(2) city common council;
(3) town council; or
(4) township board;
must make a voting mark for each individual candidate for whom the
voter wishes to cast a vote. A voting mark on or in a circle containing
a political party device shall not be counted as a straight party ticket
voting mark as a vote for any candidate for an office described by this
subsection.
SECTION 17. IC 3-12-1-15, AS AMENDED BY P.L.74-2017,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 15. (a) This section does not apply to a candidate
for a school board office or an at-large office of a county council, city
common council, town council, or township board, if those offices
appear on a ballot.
(b) This section applies to a vote cast for one (1) straight party ticket
that includes a candidate for election to office who:
(1) ceases to be a candidate; and
(2) is succeeded by a candidate selected under IC 3-13-1 or
IC 3-13-2.
(c) A vote cast in the election for the original nominee is considered
a vote cast for the successor.
SECTION 18. IC 3-13-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. The caucus
procedure prescribed by this chapter for filling vacancies in local
offices or school board offices must be followed whenever required
by IC 3-13-6-2, IC 3-13-6-3(a), IC 3-13-7-1, IC 3-13-8-1, IC 3-13-9-1,
or IC 3-13-10-1, or IC 20-23-4-30. Selections made under this chapter
(or under IC 3-2-9 before its repeal on March 4, 1986) are
appointments pro tempore for the purposes of Article 2, Section 11 of
the Constitution of the State of Indiana.
SECTION 19. IC 3-13-11-8, AS AMENDED BY P.L.216-2015,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) Except as provided in this chapter, the
caucus shall establish the caucus rules of procedure. The chairman or
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an individual designated by 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 or an individual designated
by the county chairman shall fill the vacancy that exists in the local
office or school board office.
SECTION 20. IC 3-13-11-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. (a) Except as
provided in this section, voting by proxy is not permitted in a caucus
held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus held under this chapter and vote as a proxy for the vice
committeeman's precinct committeeman if all of the following apply:
(1) The vice committeeman's precinct committeeman is otherwise
eligible to participate in the caucus under this chapter. This
subdivision is satisfied if the vacancy to be filled under this
chapter resulted from the death of an individual holding a local
office or school board office who also served as a precinct
committeeman.
(2) The vice committeeman's precinct committeeman is not
present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman is
eligible to participate in a caucus held under this chapter and vote the
precinct committeeman's proxy, regardless of when the vacancy
occurred, if the vice committeeman was the vice committeeman five
(5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c), the
vice committeeman is eligible to participate in a caucus held under this
chapter and vote the precinct committeeman's proxy only if the vice
committeeman was the vice committeeman thirty (30) days before the
vacancy occurred.
SECTION 21. IC 3-13-11-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) No later than
noon five (5) days after:
(1) the selection required by section 10 of this chapter; or
(2) a selection under section 5(c) of this chapter;
the chairman shall certify the pro tempore appointment results to the
circuit court clerk of the county in which the greatest percentage of the
population of the election district is located.
(b) This subsection applies to the selection of an individual for an
appointment pro tempore as judge of a town court, prosecuting
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attorney, circuit court clerk, county auditor, county recorder, county
treasurer, county sheriff, county coroner, or county surveyor. The clerk
shall forward a copy of the certificate to the election division. The
election division shall prepare a commission for issuance under
IC 4-3-1-5 in the same manner that the election division prepares a
commission following the election of an individual to the office.
(c) This subsection applies to the selection of an individual for an
appointment pro tempore to a local office or school board office not
described in subsection (b). The clerk shall file the certificate in the
clerk's office in the same manner as certificates of election are filed.
Within twenty-four (24) hours after the certificate is filed, the clerk
shall issue a copy of the certificate to the individual named in the
certificate.
SECTION 22. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 29.1. (a) This section applies to each school
corporation.
(b) If a plan provides for election of members of the governing
body, the members of the governing body shall be elected at a general
election. Each candidate must file a petition of nomination in
accordance with IC 3-8-2.5 that is signed by the candidate and by ten
(10) registered voters residing within the boundaries of the community
school corporation. The filing must be made within the time specified
by IC 3-8-2.5-4.
(c) All nominations 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 school corporation 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 governing body.
(d) If the plan provides that the members of the governing body
shall be elected by all the voters of the community school corporation,
candidates shall be placed on the ballot in the form prescribed by
IC 3-11-2. without party designation. The candidates who receive the
most votes are elected.
(e) If the plan provides that members of the governing body are to
be elected from residence districts by all voters in the community
school corporation, nominees for the governing body shall be placed on
the ballot in the form prescribed by IC 3-11-2, by residence districts.
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without party designation. The ballot must state the number of
members to be voted on and the maximum number of members that
may be elected from each residence district as provided in the plan. A
ballot is not valid if more than the maximum number of members are
voted on from a board member residence district. The candidates who
receive the most votes are elected. However, if more than the
maximum number that may be elected from a residence district are
among those receiving the most votes, the candidates from the
residence districts exceeding the maximum number who receive the
fewest votes shall be eliminated in determining the candidates who are
elected.
(f) If the plan provides that members of the governing body are to
be elected from electoral districts solely by the voters of each district,
nominees residing in each electoral district shall be placed on the ballot
in the form prescribed by IC 3-11-2. without party designation. The
ballot must state the number of members to be voted on from the
electoral district. The candidates residing in the electoral district who
receive the most votes are elected.
SECTION 23. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 30. (a) This section applies to each
school corporation.
(b) If a tie vote occurs among any of the candidates, the tie vote
shall be resolved under IC 3-12-9-4.
(c) If after the first governing body takes office, fewer candidates
have been elected to the school board than there were members to be
elected, the governing body shall determine not later than noon
December 31 following the election which incumbent member or
members continue to hold office under Article 15, Section 3 of the
Constitution of the State of Indiana until a successor is elected and
qualified. However, if there is a vacancy on the governing body,
whether the vacating member was elected or appointed, the following
apply:
(1) If the vacating member stated an affiliation with a major
political party (as defined in IC 3-5-2-30) under
IC 3-8-2.5-2.5(a)(5), the vacancy must be filled by a caucus
under IC 3-13-11. A person appointed under this subdivision:
(A) must be from within the boundaries of the community
school corporation; and
(B) serves for the term or balance of the term.
(2) If the vacating member did not state an affiliation with a
major political party (as defined in IC 3-5-2-30) under
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IC 3-8-2.5-2.5(a)(5), the remaining members of the governing
body, whether or not a majority of the governing body, shall by a
majority vote fill the vacancy by appointing a person from within
the boundaries of the community school corporation to serve for
the term or balance of the term.
(d) An individual appointed under this subsection (c) must possess
the qualifications provided for a regularly elected or appointed
governing body member filling the office. If:
(1) a tie vote occurs among the members of the governing body
under this subsection (c) or IC 3-12-9-4; or
(2) the:
(A) caucus, if the vacancy must be filled under subsection
(c)(1); or
(B) governing body, if the vacancy must be filled under
subsection (c)(2);
fails to act within thirty (30) days after any vacancy occurs;
the judge of the circuit court in the county where the majority of
registered voters of the school corporation reside shall make the
appointment.
(d) (e) A vacancy in the governing body occurs if a member ceases
to be a resident of any community school corporation. A vacancy does
not occur when the member moves from a district of the school
corporation from which the member was elected or appointed if the
member continues to be a resident of the school corporation.
(e) (f) At the first general election in which members of the
governing body are elected:
(1) a simple majority of the candidates elected as members of the
governing body who receive the greatest number of votes shall be
elected for four (4) year terms; and
(2) the balance of the candidates elected as members of the
governing body receiving the next greatest number of votes shall
be elected for two (2) year terms.
Thereafter, all school board members shall be elected for four (4) year
terms.
(f) (g) Elected governing body members take office and assume
their duties on the date set in the school corporation's organization plan.
The date set in the organization plan for an elected member of the
governing body to take office may not be more than fourteen (14)
months after the date of the member's election. If the school
corporation's organization plan does not set a date for an elected
member of the governing body to take office, the member takes office
January 1 immediately after the member's election.
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SECTION 24. IC 20-23-4-35, AS AMENDED BY P.L.169-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 35. (a) The governing body of a school
corporation may be organized under this section.
(b) The governing body consists of seven (7) members, elected as
follows:
(1) Four (4) members elected from districts, with one (1) member
serving from each election district. A member elected under this
subdivision must be:
(A) a resident of the election district from which the member
is elected; and
(B) voted upon by only the registered voters residing within
the election district and voting at a governing body election.
(2) Three (3) members, who are voted upon by all the registered
voters residing within the school corporation and voting at a
governing body election, elected under this subdivision. The
governing body shall establish three (3) residential districts as
follows:
(A) One (1) residential district must be the township that has
the greatest population within the school corporation.
(B) Two (2) residential districts must divide the remaining
area within the school corporation.
Only one (1) member who resides within a particular residential
district established under this subdivision may serve on the
governing body at a time.
(c) A member of the governing body who is:
(1) elected from an election or a residential district; or
(2) appointed to fill a vacancy from an election or a residential
district;
must reside within the boundaries of the district the member represents.
(d) A vacancy on the governing body shall must be filled by the
governing body under section 30 of this chapter as soon as
practicable after the vacancy occurs. A member chosen by the
governing body to fill a vacancy holds office for the remainder of the
unexpired term.
(e) The members of the governing body serving at the time a plan
is amended under this section shall establish the election and
residential districts described in subsection (b).
(f) The election districts described in subsection (b)(1):
(1) shall be drawn on the basis of precinct lines;
(2) may not cross precinct lines; and
(3) as nearly as practicable, be of equal population, with the
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population of the largest exceeding the population of the smallest
by not more than fifteen percent (15%).
(g) The residential districts described in subsection (b)(2) may:
(1) be drawn in any manner considered appropriate by the
governing body; and
(2) be drawn along township lines.
(h) The governing body shall certify the districts that are established
under subsections (f) and (g), amended under subsection (e), or
recertified under section 35.5 of this chapter to:
(1) the state board; and
(2) the circuit court clerk of each county in which the school
corporation is located as provided in section 35.5 of this chapter.
(i) The governing body shall designate:
(1) three (3) of the districts established under this section to be
elected at the first school board election that occurs after the
effective date of the plan; and
(2) the remaining four (4) districts to be elected at the second
school board election that occurs after the effective date of the
plan.
(j) The limitations set forth in this section are part of the plan, but
do not have to be specifically set forth in the plan. The plan must be
construed, if possible, to comply with this chapter. If a provision of the
plan or an application of the plan violates this chapter, the invalidity
does not affect the other provisions or applications of the plan that can
be given effect without the invalid provision or application. The
provisions of the plan are severable.
(k) IC 3-5-10 applies to a plan established under this section.
SECTION 25. IC 20-23-4-44, AS AMENDED BY P.L.104-2022,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 44. (a) This section applies only to
a school corporation with territory in a county having a population of
more than one hundred eighty-five thousand (185,000) and less than
two hundred thousand (200,000).
(b) This section applies if there is a:
(1) tie vote in an election for a member of the governing body of
a school corporation; or
(2) vacancy on the governing body of a school corporation.
(c) Notwithstanding any other law, if a tie vote occurs among any of
the candidates for the governing body or A vacancy occurs on the
governing body the remaining members of the governing body, even if
the remaining members do not constitute a majority of the governing
body, shall by a majority vote of the remaining members:
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(1) select one (1) of the candidates who shall be declared and
certified elected; or
(2) fill the vacancy by appointing an individual to fill the vacancy.
must be filled under section 30 of this chapter.
(d) An individual appointed to fill a vacancy under subsection
(c)(2): (c):
(1) must satisfy all the qualifications required of a member of the
governing body; and
(2) shall fill the remainder of the unexpired term of the vacating
member.
(e) Notwithstanding section 30(d) of this chapter, if a tie vote
occurs among the remaining members of the governing body or the
governing body or caucus fails to act within thirty (30) days after the
election or the vacancy occurs, the fiscal body (as defined in
IC 3-5-2-25) of the township in which the greatest percentage of
population of the school district resides shall break the tie or make the
appointment. A member of the fiscal body who was a candidate and is
involved in a tie vote may not cast a vote under this subsection.
(f) If the fiscal body of a township is required to act under this
section and a vote in the fiscal body results in a tie, the deciding vote
to break the tie vote shall be cast by the executive.
SECTION 26. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8.1. (a) The registered voters of the metropolitan
school district shall elect the members of the metropolitan board of
education at general elections held biennially, beginning with the next
general election that is held more than sixty (60) days after the creation
of the metropolitan school district as provided in this chapter.
(b) Each nominee for the board must file a petition of nomination
signed by the nominee and by ten (10) registered voters residing in the
same board member district as the nominee. The petition must be filed
in accordance with IC 3-8-2.5 with the circuit court clerk of each
county in which the metropolitan school district is located.
(c) Nominees for the board shall be listed on the general election
ballot:
(1) in the form prescribed by IC 3-11-2; and
(2) by board member districts. and
(3) without party designation.
The ballot must state the number of board members to be voted on and
the maximum number of members that may be elected from each board
member district as provided under section 5 of this chapter. A ballot
that contains more votes than the maximum number allowed from a
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board member district is invalid.
(d) The precinct election boards in each county serving at the
general election shall conduct the election for school board members.
(e) Voting and tabulation of votes shall be conducted in accordance
with IC 3, and the candidates who receive the most votes are elected to
the board.
(f) If there are more candidates from a particular board member
district than may be elected from the board member district under
section 5 of this chapter:
(1) the number of candidates elected is the greatest number that
may be elected from the board member district;
(2) the candidates elected are those who, among the candidates
from the board member district, receive the most votes; and
(3) the other candidates from the board member district are
eliminated.
(g) If there is a tie vote among the candidates for the board, the
judge of the circuit court in the county where the majority of the
registered voters of the metropolitan school district reside shall select
one (1) of the candidates who shall be declared and certified elected.
(h) If, at any time after the first board member election, a vacancy
on the board occurs for any reason, including an insufficient number of
petitions for candidates being filed, and regardless of whether the
vacating member was elected or appointed, the remaining members of
the board, whether or not a majority of the board, shall by a majority
vote fill the vacancy by:
(1) appointing a person from the board member district from
which the person who vacated the board was elected; or
(2) if the person was appointed, appointing a person from the
board member district from which the last elected predecessor of
the person was elected.
If a majority of the remaining members of the board is unable to agree
or the board fails to act within thirty (30) days after a vacancy occurs,
the judge of the circuit court in the county where the majority of
registered voters of the metropolitan school district reside shall make
the appointment. must be filled under IC 20-23-4-30.
(i) At a general election held on the earlier of:
(1) more than sixty (60) days after an elected board member
vacates membership on the board; or
(2) immediately before the end of the term for which the vacating
member was elected;
a successor to a board member appointed under subsection (h) shall be
elected. Unless the successor takes office at the end of the term of the
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vacating member, the member shall serve only for the balance of the
vacating member's term. In an election for a successor board member
to fill a vacancy for a two (2) year balance of a term, candidates for
board membership need not file for or with reference to the vacancy.
However, as required by IC 3-11-2, candidates for at-large seats must
be distinguished on the ballot from candidates for district seats. If there
is more than one (1) at-large seat on the ballot due to this vacancy, the
elected candidate who receives the fewest votes at the election at which
the successor is elected shall serve for a two (2) year term.
(j) At the first general election where members of the board are
elected under this section, the elected candidates who constitute a
simple majority of the elected candidates and who receive the most
votes shall be elected for four (4) year terms, and the other elected
candidates shall be elected for two (2) year terms.
(k) Board members shall be elected for four (4) year terms after the
first election and shall take office on the date set in the school
corporation's organization plan. The date set in the organization plan
for an elected member of the governing body to take office may not be
more than fourteen (14) months after the date of the member's election.
If the school corporation's organization plan does not set a date for an
elected member of the governing body to take office, the member takes
office January 1 immediately following the member's election.
SECTION 27. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.1. (a) As used in this section, "county election
board" includes a board of elections and registration established under
IC 3-6-5.2.
(b) The voters of the school corporation shall elect the members of
the governing body at a general election for a term of four (4) years.
The members shall be elected from the city at large without reference
to district.
(c) Each candidate for election to the governing body must file a
petition of nomination with the county election board in each county in
which a school corporation subject to this chapter is located. The
petition of nomination must comply with IC 3-8-2.5 and the following
requirements:
(1) The petition must be signed by at least two hundred (200)
legal voters of the school corporation.
(2) Each petition may nominate only one (1) candidate.
(3) The number of petitions signed by a legal voter may not
exceed the number of school trustees to be elected.
(d) After all the petitions described in subsection (c) are filed with
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the county election board, the board shall publish the names of those
nominated in accordance with IC 5-3-1 and shall certify the
nominations in the manner required by law. IC 3 governs the election
to the extent that it is not inconsistent with this chapter.
(e) The county election board shall prepare the ballot for the general
election at which members of the governing body are to be elected so
that the names of the candidates nominated appear on the ballot:
(1) in alphabetical order; and
(2) without party designation; and
(3) (2) in the form prescribed by IC 3-11-2.
(f) The county election board shall not publish or place on the ballot
the name of a candidate who is not eligible under this chapter for
membership on the governing body.
(g) Each voter may vote for as many candidates as there are
members of the governing body to be elected.
SECTION 28. IC 20-23-14-3, AS AMENDED BY P.L.271-2013,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) The governing body of the school
corporation consists of five (5) members. elected on a nonpartisan
basis.
(b) Three (3) of the members are elected from the school districts
referred to in section 4.5 of this chapter by eligible voters residing in
the school districts. Each member:
(1) is elected from the school district in which the member
resides; and
(2) upon election and in conducting the business of the governing
body, represents the interests of the entire school corporation.
(c) Two (2) of the members:
(1) are elected by eligible voters residing in the school
corporation;
(2) are at-large members of the governing body; and
(3) upon election and in conducting the business of the governing
body, represent the interests of the entire school corporation.
SECTION 29. IC 20-23-14-5, AS AMENDED BY P.L.6-2012,
SECTION 127, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) To be eligible to be a
candidate for the governing body under this chapter, the following
apply:
(1) Each prospective candidate must file a petition of nomination
with the board of elections and registration not earlier than one
hundred four (104) days and not later than noon seventy-four (74)
days before the general election at which the members are to be
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elected. The petition of nomination must include the following:
(A) The name of the prospective candidate.
(B) Whether the prospective candidate is a district candidate
or an at-large candidate.
(C) A certification that the prospective candidate meets the
qualifications for candidacy imposed under this chapter.
(D) The signatures of at least one hundred (100) registered
voters residing in the school corporation.
(2) Each prospective candidate for a district position must:
(A) reside in the district; and
(B) have resided in the district for at least the three (3) years
immediately preceding the election.
(3) Each prospective candidate for an at-large position must:
(A) reside in the school corporation; and
(B) have resided in the school corporation for at least the three
(3) years immediately preceding the election.
(4) Each prospective candidate (regardless of whether the
candidate is a district candidate or an at-large candidate) must:
(A) be a registered voter;
(B) have been a registered voter for at least the three (3) years
immediately preceding the election; and
(C) be a high school graduate or have received a:
(i) high school equivalency certificate; or
(ii) state general educational development (GED) diploma
under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
(5) A prospective candidate may not:
(A) hold any other elective or appointive office; or
(B) have a pecuniary interest in any contract with the school
corporation or its governing body;
as prohibited by law.
(b) The following apply to a petition of nomination required
under subsection (a)(1):
(1) The petition must:
(A) contain the information required under
IC 3-8-2.5-2.5(a)(5); and
(B) be accompanied by the certification described in
IC 3-8-2.5-2.5(b), if required under IC 3-8-2.5-2.5(c).
(2) Unless a candidate that states a political party affiliation
under IC 3-8-2.5-2.5(a)(5)(A) is challenged under IC 3-8-2.5-7,
the candidate's statement under IC 3-8-2.5-2.5(a)(5) must be
indicated on the ballot in the manner determined by the board
of elections and registration.
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(3) IC 3-8-2.5-2.5(c) and IC 3-8-2.5-7(e) through
IC 3-8-2.5-7(g) apply to a candidate who files a petition of
nomination.
SECTION 30. IC 20-23-14-10, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. The governing body shall temporarily fill A
vacancy on the governing body must be filled temporarily under
IC 20-23-4-30 as soon as practicable after the vacancy occurs. The
member chosen must reside in the same district as the vacating
member. A member chosen by the governing body to fill a vacancy
holds office for the remainder of the unexpired term.
SECTION 31. IC 20-23-15-6, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) The governing body of the school
corporation consists of seven (7) members who shall be elected
(1) on a nonpartisan basis; and
(2) in the general election held in the county.
(b) Five (5) of the members shall be elected from the school districts
in which the members reside as established under section 7 of this
chapter.
(c) Two (2) of the members shall be elected at large.
SECTION 32. IC 20-23-15-12, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) A vacancy on the governing body must be
filled temporarily by the governing body under IC 20-23-4-30 as soon
as practicable after the vacancy occurs.
(b) A member chosen by the governing body to fill a vacancy holds
office for the remainder of the unexpired term and shall be chosen from
the same district as the vacating member if the vacating member held
a district position.
SECTION 33. IC 20-23-17-3, AS AMENDED BY P.L.141-2023,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) The governing body of the school
corporation consists of five (5) members chosen as follows:
(1) Three (3) members shall be elected by the voters of the school
corporation at a general election to be held in the county as
follows:
(A) Two (2) members of the governing body shall:
(i) be elected at the general election in 2024, 2028, 2032,
2036, 2040, 2044, and every four (4) years thereafter; and
(ii) take office as provided in section 4 of this chapter.
(B) One (1) member of the governing body shall:
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(i) be elected at the general election in 2026, 2030, 2034,
2038, 2042, and every four (4) years thereafter; and
(ii) take office as provided in section 4 of this chapter.
(2) One (1) member shall:
(A) be appointed by the city executive in 2026, 2030, 2034,
2038, 2042, and every four (4) years thereafter; and
(B) take office as provided in section 4 of this chapter.
(3) One (1) member shall:
(A) be appointed by the city legislative body in 2025, 2029,
2033, 2037, 2041, and every four (4) years thereafter; and
(B) take office as provided in section 4 of this chapter.
(b) The members elected under subsection (a)(1) shall be elected as
follows:
(1) On a nonpartisan basis.
(2) (1) In a general election held in the county.
(3) (2) By the registered voters of the entire school corporation.
(c) The following apply to an election of members of the governing
body of the school corporation under subsection (a)(1):
(1) Each candidate must file a petition of nomination with the
circuit court clerk not earlier than one hundred four (104) days
and not later than seventy-four (74) days before the election at
which members are to be elected. The petition of nomination must
include the following information:
(A) The name of the candidate.
(B) A certification that the candidate meets the qualifications
for candidacy imposed by this chapter.
(2) Only eligible voters residing in the school corporation may
vote for a candidate seeking election.
(d) The following apply to a petition of nomination required
under subsection (c)(1):
(1) The petition must:
(A) contain the information required under
IC 3-8-2.5-2.5(a)(5); and
(B) be accompanied by the certification described in
IC 3-8-2.5-2.5(b), if required under IC 3-8-2.5-2.5(c).
(2) Unless a candidate that states a political party affiliation
under IC 3-8-2.5-2.5(a)(5)(A) is challenged under IC 3-8-2.5-7,
the candidate's statement under IC 3-8-2.5-2.5(a)(5) must be
indicated on the ballot in the manner determined by the
county election board.
(3) IC 3-8-2.5-2.5(c) and IC 3-8-2.5-7(e) through
IC 3-8-2.5-7(g) apply to a candidate who files a petition of
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nomination.
SECTION 34. IC 20-23-17-6, AS ADDED BY P.L.179-2011,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) A vacancy in the office of an elected
member of the governing body shall be filled temporarily by the city
legislative body under IC 20-23-4-30 as soon as practicable after the
vacancy occurs.
(b) A vacancy in the office of an appointed member of the
governing body of the school corporation shall be filled by the
appointing authority that appointed the member whose office is vacant.
(c) An individual filling a vacancy under this section serves until the
expiration of the term of the member whose position the individual
fills.
SECTION 35. IC 20-23-17.2-3.1, AS AMENDED BY
P.L.141-2023, SECTION 21, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3.1. (a) The governing
body of the school corporation consists of five (5) members, elected as
provided in this chapter.
(b) Three (3) members shall be elected as follows:
(1) From districts established as provided in section 4.1 of this
chapter.
(2) On a nonpartisan basis.
(3) (2) At the general election held in the county in 2026, 2030,
2034, 2038, 2042, and every four (4) years thereafter.
(c) Two (2) members shall be elected as follows:
(1) At large by all the voters of the school corporation.
(2) On a nonpartisan basis.
(3) (2) At the general election held in the county in 2024, 2028,
2032, 2036, 2040, 2044, and every four (4) years thereafter.
(d) The term of office of a member of the governing body:
(1) is four (4) years; and
(2) begins January 1 after the election of members of the
governing body.
(e) Upon assuming office and in conducting the business of the
governing body, a member shall represent the interests of the entire
school corporation.
SECTION 36. IC 20-23-17.2-5, AS AMENDED BY P.L.222-2015,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The following apply to an election of
members of the governing body of the school corporation under section
3.1(b) of this chapter:
(1) Each candidate must file a petition of nomination with the
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circuit court clerk not earlier than one hundred four (104) days
and not later than seventy-four (74) days before the general
election at which members are to be elected. The petition of
nomination must include the following information:
(A) The name of the candidate.
(B) The candidate's residence address and the district in which
the candidate resides.
(C) The signatures of at least twenty (20) registered voters
residing within the school corporation district the candidate
seeks to represent.
(D) A certification that the candidate meets the qualifications
for candidacy imposed by this chapter.
(E) The school corporation district that the candidate seeks to
represent.
(2) Only eligible voters residing in the school corporation district
as provided in section 4.1 of this chapter may vote for a candidate
to represent that school corporation district.
(3) One (1) candidate shall be elected for each school corporation
district provided by section 4.1 of this chapter. The candidate
elected for a school corporation district must reside within the
boundaries of the school corporation district. The candidate
elected as the member for a particular school corporation district
is the candidate who, among all the candidates who reside within
that school corporation district, receives the greatest number of
votes from voters residing in that school corporation district.
(b) The following apply to an election of the members of the
governing body of the school corporation under section 3.1(c) of this
chapter:
(1) Each candidate must file a petition of nomination with the
circuit court clerk not earlier than one hundred four (104) days
and not later than seventy-four (74) days before the general
election at which members are to be elected. The petition of
nomination must include the following information:
(A) The name of the candidate.
(B) The candidate's residence address.
(C) The signatures of at least one hundred (100) registered
voters residing within the school corporation.
(D) A certification that the candidate meets the qualifications
for candidacy imposed by this chapter.
(E) The fact that the candidate seeks to be elected from the
school corporation at large.
(2) Only eligible voters residing in the school corporation may
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vote for a candidate.
(3) Two (2) candidates shall be elected at large. The two (2)
candidates who receive the greatest number of votes among all
candidates running for an at-large seat are elected as members of
the governing body.
(c) The following apply to a petition of nomination required
under subsections (a)(1) and (b)(1):
(1) The petition must:
(A) contain the information required under
IC 3-8-2.5-2.5(a)(5); and
(B) be accompanied by the certification described in
IC 3-8-2.5-2.5(b), if required under IC 3-8-2.5-2.5(c).
(2) Unless a candidate that states a political party affiliation
under IC 3-8-2.5-2.5(a)(5)(A) is challenged under IC 3-8-2.5-7,
the candidate's statement under IC 3-8-2.5-2.5(a)(5) must be
indicated on the ballot in the manner determined by the
county election board.
(3) IC 3-8-2.5-2.5(c) and IC 3-8-2.5-7(e) through
IC 3-8-2.5-7(g) apply to a candidate who files a petition of
nomination.
SECTION 37. IC 20-23-17.2-10, AS ADDED BY P.L.179-2011,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. A vacancy in the office of a member of the
governing body of the school corporation shall be filled temporarily by
the governing body under IC 20-23-4-30 as soon as practicable after
the vacancy occurs. An individual filling a vacancy under this section
serves until the expiration of the term of the member whose position
the individual fills.
SECTION 38. IC 20-25-3-4, AS AMENDED BY P.L.169-2022,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The board consists of seven (7) members.
A member:
(1) must be elected on a nonpartisan basis in general elections
held in the county as specified in this section; and
(2) serves a four (4) year term.
(b) Five (5) members shall be elected from the school board districts
in which the members reside, and two (2) members must be elected at
large.
(c) If a candidate runs for one (1) of the district positions on the
board, only eligible voters residing in the candidate's district may vote
for that candidate. If a person is a candidate for one (1) of the at-large
positions, eligible voters from all the districts may vote for that
SEA 287 — Concur
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candidate.
(d) If a candidate files to run for a position on the board, the
candidate must specify whether the candidate is running for a district
or an at-large position.
(e) A candidate who runs for a district or an at-large position wins
if the candidate receives the greatest number of votes of all the
candidates for the position.
(f) Districts shall be established within the school city by the board
of school commissioners. The districts must be drawn on the basis of
precinct lines, and as nearly as practicable, of equal population with the
population of the largest district not to exceed the population of the
smallest district by more than five percent (5%). District lines must not
cross precinct lines. The board of school commissioners shall establish:
(1) balloting procedures for the election under IC 3; and
(2) other procedures required to implement this section.
(g) A member of the board serves under section 3 of this chapter.
(h) In accordance with subsection (k), A vacancy in the board shall
be filled temporarily by the board under IC 20-23-4-30 as soon as
practicable after the vacancy occurs. The member chosen by the board
to fill a vacancy holds office until the member's successor is elected
and qualified. The successor shall be elected at the next regular school
board election occurring after the date on which the vacancy occurs.
The successor fills the vacancy for the remainder of the term.
(i) An individual elected to serve on the board begins the
individual's term on the date set in the school corporation's organization
plan. The date set in the organization plan for an elected member of the
board to take office may not be more than fourteen (14) months after
the date of the member's election. If the school corporation's
organization plan does not set a date for a member of the board to take
office, the member takes office January 1 immediately following the
individual's election.
(j) Notwithstanding any law to the contrary, each voter must cast a
vote for a school board candidate or school board candidates by voting
system or paper ballot. However, the same method used to cast votes
for all other offices for which candidates have qualified to be on the
election ballot must be used for the board offices.
(k) If a vacancy in the board exists because of the death of a
member, the remaining members of the board shall meet and select an
individual to fill the vacancy in accordance with subsection (h) after
the secretary of the board receives notice of the death under IC 5-8-6.
SECTION 39. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
SECTION 107, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2025]: Sec. 4. If fewer candidates have been
elected to the school board than there were members to be elected, the
governing body shall determine not later than noon December 31
following the election which incumbent member or members continue
to hold office under Article 15, Section 3 of the Constitution of the
State of Indiana until a successor is elected and qualified. However, if
a vacancy in the membership of a governing body occurs, whether the
vacancy was of an elected or appointed member, the remaining
members of the governing body shall by majority vote fill the vacancy
must be filled under IC 20-23-4-30 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 section 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.
SECTION 40. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to this
section.
(b) If a vacancy in a school board office exists because of the death
of a school board member, the remaining members of the governing
body shall meet and select an individual to fill the vacancy must be
filled under IC 20-23-4-30 after the secretary of the governing body
receives notice of the death under IC 5-8-6 and in accordance with
section 4 of this chapter. If IC 20-23-4-30(c)(2) applies to the
vacancy, the vacancy must be filled after the secretary of the
governing body receives notice of the death under IC 5-8-6.
SECTION 41. IC 20-26-4-7, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) Except as provided in IC 20-25-3-3, The
governing body of a school corporation by resolution has the power to
pay each member of the governing body a reasonable amount for
service as a member. Except as provided in IC 20-25-3-3, an amount
paid to a member under this subsection may include not to exceed:
more than the following:
(1) two thousand dollars ($2,000) per year; and An annual
amount not to exceed ten percent (10%) of the lowest starting
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salary of a teacher employed by the school corporation in
which the member serves on the governing body.
(2) A per diem not to exceed the rate approved for members of the
board of school commissioners under IC 20-25-3-3(d).
(b) If the members of the governing body are totally comprised of
appointed members, the appointive authority under IC 20-23-4-28(e)
shall approve the per diem rate allowable under subsection (a)(2)
before the governing body may make the payments.
(c) To make a valid approval under subsection (b), the appointive
authority must approve the per diem rate with the same endorsement
required under IC 20-23-4-28(f) to make the appointment of the
member.
SEA 287 — Concur
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 287 — ConcurEvery fact on this page links to its source, starting with the official bill record.