Introduced Version






SENATE BILL No. 312

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-11; IC 3-12-1-7; IC 20-23; IC 20-25-3-4; IC 20-29-5.

Synopsis: School board elections; teacher union dues. Provides that school board members are elected on a partisan basis. Prohibits a school employer from deducting union dues from a teacher's salary. Repeals: (1) a provision requiring a nonpartisan listing of school board members on an election ballot; and (2) a provision allowing a school employer to deduct union dues from a teacher's salary. Makes conforming changes to related sections.

Effective: July 1, 2013.





Smith J




    January 8, 2013, read first time and referred to Committee on Education and Career Development.







Introduced

First Regular Session 118th General Assembly (2013)


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 2012 Regular Session of the General Assembly.

SENATE BILL No. 312



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 3-11-2-12; (13)IN0312.1.1. -->     SECTION 1. IC 3-11-2-12, AS AMENDED BY P.L.6-2012, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. The following offices shall be placed on the general election ballot in the following order after the public questions described in section 10(a) of this chapter:
        (1) Federal and state offices:
            (A) President and Vice President of the United States.
            (B) United States Senator.
            (C) Governor and lieutenant governor.
            (D) Secretary of state.
            (E) Auditor of state.
            (F) Treasurer of state.
            (G) Attorney general.
            (H) Superintendent of public instruction.
            (I) United States Representative.
        (2) Legislative offices:
            (A) State senator.
            (B) State representative.
        (3) Circuit offices and county judicial offices:
            (A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
            (B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
            (C) Judge of the probate court.
            (D) Prosecuting attorney.
            (E) Clerk of the circuit court.
        (4) County offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor.
            (H) County commissioner.
            (I) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee.
            (C) Township board member.
            (D) Judge of the small claims court.
            (E) Constable of the small claims court.
        (6) City offices:
            (A) Mayor.
            (B) Clerk or clerk-treasurer.
            (C) Judge of the city court.
            (D) City-county council member or common council member.
        (7) Town offices:
            (A) Clerk-treasurer.
            (B) Judge of the town court.
            (C) Town council member.
         (8) School board offices.
SOURCE: IC 3-11-2-12.9; (13)IN0312.1.2. -->     SECTION 2. IC 3-11-2-12.9 IS REPEALED [EFFECTIVE JULY 1, 2013]. 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 of this chapter under a nonpartisan title.
    (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.".
SOURCE: IC 3-11-2-13; (13)IN0312.1.3. -->     SECTION 3. IC 3-11-2-13, AS AMENDED BY P.L.190-2011, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. (a) The following offices shall be placed on the general election ballot in the following order after the offices described in section 12.9 12 of this chapter:
        (1) Retention of a justice of the supreme court.
        (2) Retention of a judge of the court of appeals.
        (3) Retention of the judge of the tax court.
    (b) Whenever more than one (1) justice of the supreme court is subject to retention, the name of each justice must appear on the ballot in alphabetical order. However, if the justice serving as chief justice is subject to retention, the chief justice's name must appear first.
    (c) Whenever more than one (1) judge of the court of appeals is subject to retention, the name of each judge must appear on the ballot in alphabetical order. However, if the judge serving as chief judge is subject to retention, the chief judge's name must appear first.
    (d) These offices shall be placed in a separate column on the ballot.
SOURCE: IC 3-11-13-11; (13)IN0312.1.4. -->     SECTION 4. IC 3-11-13-11, AS AMENDED BY P.L.190-2011, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 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.
    (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 3-11-2-12.2, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a) through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). The offices and public questions may be listed in a continuous column either vertically or horizontally and on a number of separate pages.
    (f) The name of each office must be printed in a uniform size in bold type. A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office.".
    (g) Below the name of the office and the statement required by subsection (f), the names of the candidates for each office must be grouped together in the following order:
        (1) The major political party whose candidate received the highest number of votes in the county for secretary of state at the last election is listed first.
        (2) The major political party whose candidate received the second highest number of votes in the county for secretary of state is listed second.
        (3) All other political parties listed in the order that the parties' candidates for secretary of state finished in the last election are listed after the party listed in subdivision (2).
        (4) If a political party did not have a candidate for secretary of state in the last election or a nominee is an independent candidate or independent ticket (described in IC 3-11-2-6), the party or candidate is listed after the parties described in subdivisions (1), (2), and (3).
        (5) If more than one (1) political party or independent candidate or ticket described in subdivision (4) qualifies to be on the ballot, the parties, candidates, or tickets are listed in the order in which the party filed its petition of nomination under IC 3-8-6-12.
        (6) A space for write-in voting is placed after the candidates listed in subdivisions (1) through (5), if required by law.
        (7) The name of a write-in candidate may not be listed on the ballot.
    (h) The names of the candidates grouped in the order established by subsection (g) must be printed in type with uniform capital letters and have a uniform space between each name. The name of the candidate's political party, or the word "Independent" if the:


        (1) candidate; or
        (2) ticket of candidates for:
            (A) President and Vice President of the United States; or
            (B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name of the candidate and must be printed in a uniform size and type.
    (i) All the candidates of the same political party for election to at-large seats on the fiscal or legislative body of a political subdivision must be grouped together:
        (1) under the name of the office that the candidates are seeking;
        (2) in the order established by subsection (g); and
        (3) within the political party, in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) of ANY party for this office.".
    (j) Candidates for election to at-large seats on the governing body of a school corporation must be grouped:
        (1) under the name of the office that the candidates are seeking; and
        (2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office.".
    (k) The following information must be placed at the top of the ballot before the first 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 or an independent ticket (described in IC 3-11-2-6) by one (1) mark as required by section 14 of this chapter, and the single connectable arrow, circle, oval, or square, or the voting position for casting a straight party or an independent ticket ballot must be identified by:
        (1) the name of the political party or independent ticket (described in IC 3-11-2-6); and
        (2) immediately below or beside the political party's or independent ticket's name, the device of that party or ticket (described in IC 3-11-2-5).
The name and device of each political party or independent ticket must be of uniform size and type and arranged in the order established by subsection (g) for listing candidates under each office. The instructions described in IC 3-11-2-10(c) for voting a straight party ticket and the statement concerning presidential electors required under IC 3-10-4-3 may be placed on the ballot beside or above the names and devices within the voting booth in a location that permits the voter to easily read the instructions.
    (m) 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 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.
SOURCE: IC 3-11-14-3.5; (13)IN0312.1.5. -->     SECTION 5. IC 3-11-14-3.5, AS AMENDED BY P.L.225-2011, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 or paster must be of uniform size and of the same quality and color of paper (except as permitted under

IC 3-10-1-17).
    (d) The nominees of a political party or an independent candidate or independent ticket (described in IC 3-11-2-6) nominated by petitioners must be listed on the ballot label with the name and device set forth on the certification or petition. The circle containing the device may be of any size that permits a voter to readily identify the device. IC 3-11-2-5 applies if the certification or petition does not include a name or device, or if the same device is selected by two (2) or more parties or petitioners.
    (e) The ballot labels must list the offices and public questions on the general election ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a) through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). Each office and public question may have a separate screen, or the offices and public questions may be listed in a continuous column either vertically or horizontally.
    (f) The name of each office must be printed in a uniform size in bold type. A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office.".
    (g) Below the name of the office and the statement required by subsection (f), the names of the candidates for each office must be grouped together in the following order:
        (1) The major political party whose candidate received the highest number of votes in the county for secretary of state at the last election is listed first.
        (2) The major political party whose candidate received the second highest number of votes in the county for secretary of state is listed second.
        (3) All other political parties listed in the order that the parties' candidates for secretary of state finished in the last election are listed after the party listed in subdivision (2).
        (4) If a political party did not have a candidate for secretary of state in the last election or a nominee is an independent candidate or independent ticket (described in IC 3-11-2-6), the party or candidate is listed after the parties described in subdivisions (1), (2), and (3).
        (5) If more than one (1) political party or independent candidate or ticket described in subdivision (4) qualifies to be on the ballot, the parties, candidates, or tickets are listed in the order in which the party filed its petition of nomination under IC 3-8-6-12.


        (6) A space for write-in voting is placed after the candidates listed in subdivisions (1) through (5), if required by law. 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) 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 uniform size and type.
    (i) All the candidates of the same political party for election to at-large seats on the fiscal or legislative body of a political subdivision must be grouped together:
        (1) under the name of the office that the candidates are seeking;
        (2) in the 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.".
    (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) The ballot label must include a touch sensitive point or button for voting a straight political party or independent ticket (described in IC 3-11-2-6) by one (1) touch, and the touch sensitive point or button must be identified by:
        (1) the name of the political party or independent ticket; and
        (2) immediately below or beside the political party's or independent ticket's name, the device of that party or ticket (described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform size and type, and arranged in the order established by subsection (g) for listing candidates under each office. The instructions described in IC 3-11-2-10(c) for voting a straight party ticket and the statement concerning presidential electors required under IC 3-10-4-3 may be placed on the ballot label or in a location within the voting booth that permits the voter to easily read the instructions.
    (n) A public question must be in the form described in IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive point or button must be used instead of a square. Except as expressly authorized or required by statute, a county election board may not print a ballot label that contains language concerning the public question other than the language authorized by a statute.
    (o) The requirements in this section:
        (1) do not replace; and
        (2) are in addition to;
any other requirements in this title that apply to ballots for electronic voting systems.
    (p) The procedure described in IC 3-11-2-16 must be used when a ballot label does not comply with the requirements imposed by this title or contains another error or omission that might result in confusion or mistakes by voters.

SOURCE: IC 3-12-1-7; (13)IN0312.1.6. -->     SECTION 6. IC 3-12-1-7, AS AMENDED BY P.L.164-2006, SECTION 124, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) This subsection applies whenever a voter:
        (1) votes a straight party ticket; and
        (2) votes only for one (1) or more individual candidates who are all of the same political party as the straight ticket vote.
The straight ticket vote shall be counted and the individual candidate

votes may not be counted.
    (b) This subsection applies whenever:
        (1) a voter has voted a straight party ticket for the candidates of one (1) political party;
        (2) only one (1) person may be elected to an office; and
        (3) the voter has voted for one (1) individual candidate for the office described in subdivision (2) who is:
            (A) a candidate of a political party other than the party for which the voter voted a straight ticket; or
            (B) an independent candidate for the office.
If the voter has voted for one (1) individual candidate for the office described in subdivision (2), the individual candidate vote for that office shall be counted, the straight party ticket vote for that office may not be counted, and the straight party ticket votes for other offices on the ballot shall be counted.
    (c) This subsection applies whenever:
        (1) a voter has voted a straight party ticket for the candidates of one (1) political party; and
        (2) the voter has voted for more individual candidates for the office than the number of persons to be elected to that office.
The individual candidate votes for that office may not be counted, the straight party ticket vote for that office may not be counted, and the straight party ticket votes for other offices on the ballot shall be counted.
    (d) This subsection applies whenever:
        (1) a voter has voted a straight party ticket for the candidates of one (1) political party;
        (2) more than one (1) person may be elected to an office; and
        (3) the voter has voted for individual candidates for the office described in subdivision (2) who are:
            (A) independent candidates;
            (B) candidates of a political party other than the political party for which the voter cast a straight party ticket under subdivision (1); or
            (C) a combination of candidates described in clauses (A) and (B).
The individual votes cast by the voter for the office for the independent candidates and the candidates of a political party other than the political party for which the voter cast a straight party ticket shall be counted. The straight party ticket vote cast by that voter for that office shall be counted unless the total number of votes cast for the office by the voter, when adding the voter's votes for the individual candidates

for the office and the voter's straight party ticket votes for the office, is greater than the number of persons to be elected to the office. If the total number of votes cast for the office is greater than the number of persons to be elected to the office, the straight party ticket votes for the office may not be counted. The straight party ticket votes for other offices on the voter's ballot shall be counted.
    (e) This subsection applies whenever:
        (1) a voter has voted a straight party ticket for the candidates of one (1) political party;
        (2) more than one (1) person may be elected to an office; and
        (3) the voter has voted for individual candidates for the office described in subdivision (2) who are:
            (A) independent candidates or candidates of a political party other than the political party for which the voter cast a straight party ticket under subdivision (1); and
            (B) candidates of the same political party for which the voter cast a straight party ticket under subdivision (1).
The individual votes cast by the voter for the office for the independent candidates and the candidates of a political party other than the political party for which the voter cast a straight party ticket shall be counted. The individual votes cast by the voter for the office for the candidates of the same political party for which the voter cast a straight party ticket may not be counted. The straight party ticket vote cast by that voter for that office shall be counted unless the total number of votes cast for the office by the voter, when adding the voter's votes for the individual candidates for the office and the voter's straight party ticket vote for the office is greater than the number of persons to be elected to the office. If the total number of votes cast for the office is greater than the number of persons to be elected to the office, the straight party ticket votes for that office may not be counted. The straight party ticket votes for other offices on the voter's ballot shall be counted.
    (f) If a voter votes a straight party ticket for more than one (1) political party, the whole ballot is void with regard to all candidates nominated by a political party or designated as independent candidates on the ballot. However, the voter's vote for a school board candidate or on a public question shall be counted if otherwise valid under this chapter.
    (g) If a voter does not vote a straight party ticket and the number of votes cast by that voter for the candidates for an office are less than or equal to the number of openings for that office, the individual candidates votes shall be counted.


    (h) If a voter does not vote a straight party ticket and the number of votes cast by that voter for an office exceeds the number of openings for that office, none of the votes concerning that office may be counted.
SOURCE: IC 20-23-4-12; (13)IN0312.1.7. -->     SECTION 7. IC 20-23-4-12, AS AMENDED BY P.L.179-2011, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. (a) In formulating a preliminary reorganization plan and with respect to each of the community school corporations that are a part of the reorganization plan, the county committee shall determine the following:
        (1) The name of the community school corporation.
        (2) Subject to subsection (e), a general description of the boundaries of the community school corporation.
        (3) With respect to the board of school trustees, the following:
            (A) Whether the number of members is:
                (i) three (3);
                (ii) five (5); or
                (iii) seven (7).
            (B) Whether the members are elected or appointed.
            (C) If the members are appointed:
                (i) when the appointments are made; and
                (ii) who makes the appointments.
            (D) If the members are elected, that the election is:
                 (i) a partisan election; and
                (ii)
at the general election at which county officials are elected.
            (E) Subject to sections 21 and 22 of this chapter, the manner in which members are elected or appointed.
        (4) The compensation, if any, of the members of the regular and interim board of school trustees, which may not exceed the amount provided in IC 20-26-4-7.
        (5) Subject to subsection (f), qualifications required of the members of the board of school trustees, including limitations on:
            (A) residence; and
            (B) term of office.
        (6) If an existing school corporation is divided in the reorganization, the disposition of assets and liabilities.
        (7) The disposition of school aid bonds, if any.
    (b) If existing school corporations are not divided in the reorganization, the:
        (1) assets;
        (2) liabilities; and
        (3) obligations;
of the existing school corporations shall be transferred to and assumed by the new community school corporation of which they are a part, regardless of whether the plan provides for transfer and assumption.
    (c) The preliminary plan must be supported by a summary statement of the following:
        (1) The educational improvements the plan's adoption will make possible.
        (2) Data showing the:
            (A) assessed valuation;
            (B) number of resident students in ADA in grades 1 through 12;
            (C) assessed valuation per student referred to in clause (B); and
            (D) property tax levies;
        of each existing school corporation to which the plan applies.
        (3) The:
            (A) assessed valuation;
            (B) resident ADA; and
            (C) assessed valuation per student;
        data referred to in subdivision 2(A) through 2(C) that would have applied for each proposed community school corporation if the corporation existed in the year the preliminary plan is prepared or notice of a hearing or hearings on the preliminary plan is given by the county committee.
        (4) Any other data or information the county committee considers appropriate or that may be required by the state board in its rules.
    (d) The county committee:
        (1) shall base the assessed valuations and tax levies referred to in subsection (c)(2) through (c)(3) on the valuations applying to taxes collected in:
            (A) the year the preliminary plan is prepared; or
            (B) the year notice of a hearing or hearings on the preliminary plan is given by the county committee;
        (2) may base the resident ADA figures on the calculation of the figures under the rules under which they are submitted to the state superintendent by existing school corporations; and
        (3) shall set out the resident ADA figures for:
            (A) the school year in progress if the figures are available for that year; or
            (B) the immediately preceding school year if the figures are not available for the school year in progress.
The county committee may obtain the data and information referred to

in this subsection from any source the committee considers reliable. If the county committee attempts in good faith to comply with this subsection, the summary statement referred to in subsection (c) is sufficient regardless of whether the statement is exactly accurate.
    (e) The general description referred to in subsection (a)(2) may consist of an identification of an existing school corporation that is to be included in its entirety in the community school corporation. If a boundary does not follow the boundary of an existing civil unit of government or school corporation, the description must set out the boundary:
        (1) as near as reasonably possible by:
            (A) streets;
            (B) rivers; and
            (C) other similar boundaries;
        that are known by common names; or
        (2) if descriptions as described in subdivision (1) are not possible, by section lines or other legal description.
The description is not defective if there is a good faith effort by the county committee to comply with this subsection or if the boundary may be ascertained with reasonable certainty by a person skilled in the area of real estate description. The county committee may require the services of the county surveyor in preparing a description of a boundary line.
    (f) A member of the board of school trustees:
        (1) may not serve an appointive or elective term of more than four (4) years; and
        (2) may serve more than one (1) consecutive appointive or elective term.

SOURCE: IC 20-23-4-29.1; (13)IN0312.1.8. -->     SECTION 8. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 on a partisan basis. 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. 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.

SOURCE: IC 20-23-7-8.1; (13)IN0312.1.9. -->     SECTION 9. IC 20-23-7-8.1, AS ADDED BY P.L.179-2011, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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;
        (2) by board member districts; and
        (3) without with 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 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.
    (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 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 January 1 following their election.
SOURCE: IC 20-23-8-7; (13)IN0312.1.10. -->     SECTION 10. IC 20-23-8-7, AS AMENDED BY P.L.119-2012, SECTION 146, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) A plan or proposed plan must contain the following items:
        (1) The number of members of the governing body, which shall be:
            (A) three (3);
            (B) five (5); or
            (C) seven (7);
        members.
        (2) Whether the governing board shall be elected, appointed, or both.
        (3) If appointed, when and by whom, and a general description of the manner of appointment that conforms with the requirements

of IC 20-23-4-28.
        (4) A provision that the members of an elected governing board shall be elected:
             (A) in a partisan election; and
            (B)
at the general election at which county officials are elected.
        (5) If the governing board will have members who are elected and members who are appointed, the following information:
            (A) The number of appointed members.
            (B) When and by whom each of the appointed members are appointed.
            (C) A general description of the manner of appointment that conforms with the requirements of IC 20-23-4-28.
            (D) The number of elected members.
            (E) A general description of the manner of election that conforms with the requirements of IC 20-23-4-27.
        (6) The limitations on:
            (A) residence;
            (B) term of office; and
            (C) other qualifications;
        required by members of the governing body.
        (7) The time the plan takes effect.
A plan or proposed plan may have additional details to make the provisions of the plan workable. The details may include provisions relating to the commencement or length of terms of office of the members of the governing body taking office under the plan.
    (b) Except as provided in subsection (a)(1), in a city having a population of more than fifty-five thousand (55,000) but less than sixty thousand (60,000), the governing body described in a plan may have up to nine (9) members.

SOURCE: IC 20-23-12-3; (13)IN0312.1.11. -->     SECTION 11. IC 20-23-12-3, AS AMENDED BY P.L.179-2011, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The governing body of the school corporation consists of seven (7) members elected as follows:
        (1) On a nonpartisan partisan basis.
        (2) In a general election in the county.
    (b) Six (6) of the members shall be elected from the school districts drawn under section 4 of this chapter. 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) One (1) of the members elected:
        (1) is the at-large member of the governing body;
        (2) may reside in any of the districts drawn under section 4 of this chapter; and
        (3) upon election and in conducting the business of the governing body, represents the interests of the entire school corporation.
SOURCE: IC 20-23-13-2.1; (13)IN0312.1.12. -->     SECTION 12. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 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;
        (2) without with party designation; and
        (3) 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.
SOURCE: IC 20-23-14-3; (13)IN0312.1.13. -->     SECTION 13. IC 20-23-14-3, AS ADDED BY P.L.1-2005,

SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The governing body of the school corporation consists of five (5) members elected on a nonpartisan partisan basis.
    (b) Three (3) of the members are elected from the school districts referred to in section 4 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.

SOURCE: IC 20-23-15-6; (13)IN0312.1.14. -->     SECTION 14. IC 20-23-15-6, AS ADDED BY P.L.1-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) The governing body of the school corporation consists of seven (7) members who shall be elected:
        (1) on a nonpartisan partisan 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.
SOURCE: IC 20-23-17-3; (13)IN0312.1.15. -->     SECTION 15. IC 20-23-17-3, AS ADDED BY P.L.179-2011, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 and every four (4) years thereafter.
        (2) One (1) member shall be appointed by the city executive.
        (3) One (1) member shall be appointed by the city legislative body.
    (b) The members elected under subsection (a)(1) shall be elected as follows:
        (1) On a nonpartisan partisan basis.
        (2) In a general election held in the county.
        (3) 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 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.
SOURCE: IC 20-23-17.2-3; (13)IN0312.1.16. -->     SECTION 16. IC 20-23-17.2-3, AS ADDED BY P.L.179-2011, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The governing body of the school corporation consists of nine (9) members who shall be elected as follows:
        (1) One (1) member shall be elected from each of the school districts described in section 4 of this chapter. A member elected under this subdivision must reside within the boundaries of the district the member represents.
        (2) Three (3) members, who must reside within the boundaries of the school corporation, shall be elected as at-large members.
        (3) All members shall be elected on a nonpartisan partisan basis.
        (4) All members shall be elected at the general election held in the county in 2012 and each four (4) years thereafter.
    (b) Upon assuming office and in conducting the business of the governing body, a member shall represent the interests of the entire school corporation.
SOURCE: IC 20-25-3-4; (13)IN0312.1.17. -->     SECTION 17. IC 20-25-3-4, AS AMENDED BY P.L.179-2011, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The board consists of seven (7) members. A member:
        (1) must be elected on a nonpartisan partisan 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. Not more than two (2) of the members who serve on the board may reside in the same school board district.
    (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 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 state board. 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 state board 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 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 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.

SOURCE: IC 20-29-5-6; (13)IN0312.1.18. -->     SECTION 18. IC 20-29-5-6 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 6. (a) The school employer shall, on receipt of the written authorization of a school employee:
        (1) deduct from the pay of the employee any dues designated or certified by the appropriate officer of a school employee organization that is an exclusive representative of any employees

of the school employer; and
        (2) remit the dues described in subdivision (1) to the school employee organization.
    (b) Deductions under this section must be consistent with:
        (1) IC 22-2-6;
        (2) IC 22-2-7; and
        (3) IC 20-28-9-18.

SOURCE: IC 20-29-5-6.5; (13)IN0312.1.19. -->     SECTION 19. IC 20-29-5-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6.5. A school employer may not deduct from the pay of a school employee any dues payable to a school employee organization.