Bill Text: IN HB1133 | 2010 | Regular Session | Introduced
Bill Title: Election of school board members.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Elections and Apportionment [HB1133 Detail]
Download: Indiana-2010-HB1133-Introduced.html
Citations Affected: IC 3-9-4-17; IC 20-23-12; IC 20-26-4-2.5.
Synopsis: Election of school board members. Provides standards for
election of the members of the governing body of a school corporation
on a nonpartisan basis. Provides that a candidate who violates the
standards and is elected may be removed from office. Provides that a
political party may not directly or indirectly campaign for or against a
candidate for election to the governing body. Provides that a political
party that violates this prohibition is subject to a civil penalty. Provides
that all the members of the governing body of the Gary school
corporation will be elected at large by the voters of the school
corporation beginning in 2010. Repeals a provision governing the
drawing of governing body district lines for the Gary school
corporation.
Effective: Upon passage.
January 7, 2010, read first time and referred to Committee on Elections and
Apportionment.
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
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) Fails to file with a county election board a report in the manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or expends money or other property for any political purpose before the money or other property has passed through the hands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this article or to a person authorized by law or a committee to receive contributions in the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of another person.
(8) Is not the treasurer of a committee subject to this article, and pays any expenses of an election or a caucus except as authorized by this article.
(9) Commingles the funds of a committee with the personal funds of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of IC 3-9-3-4.
(11) Fails to designate a contribution as required by IC 3-9-2-5(c).
(12) Violates IC 3-9-3-5.
(13) Serves as a treasurer of a committee in violation of any of the following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(14) Violates IC 20-26-4-2.5(e).
(b) This subsection applies to a person who is subject to a civil penalty under subsection (a)(1) or (a)(2) for filing a defective report or statement. If the county election board determines that a person failed to file the report or a statement of organization not later than noon five (5) days after being given notice under section 14 of this chapter, the county election board may assess a civil penalty. The penalty is ten dollars ($10) for each day the report is late after the expiration of the five (5) day period, not to exceed one hundred dollars ($100) plus any investigative costs incurred and documented by the board. The civil penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil penalty under subsection (a)(1) or (a)(2) for a delinquent report or statement. If the county election board determines that a person failed to file the report or statement of organization by the deadline prescribed under this article, the board shall assess a civil penalty. The penalty is fifty dollars ($50) for each day the report is late, with the afternoon of the final date for filing the report or statement being calculated as the first day. The civil penalty under this subsection may not exceed one thousand dollars ($1,000) plus any investigative costs incurred and documented by the board. The civil penalty limit under this subsection applies to each report separately.
(d) This subsection applies to a person who is subject to a civil penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or (a)(10). If the county election board determines that a person is subject
to a civil penalty under subsection (a), the board may assess a civil
penalty of not more than one thousand dollars ($1,000), plus any
investigative costs incurred and documented by the board.
(e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5). If the county election board determines
that a person is subject to a civil penalty under subsection (a)(5), the
board may assess a civil penalty of not more than three (3) times the
amount of the contribution in excess of the limit prescribed by
IC 3-9-2-4, plus any investigative costs incurred and documented by
the board.
(f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the county election board
determines that a corporation or a labor organization has failed to
designate a contribution in violation of IC 3-9-2-5(c), the board shall
assess a civil penalty equal to the greater of the following, plus any
investigative costs incurred and documented by the board:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has violated IC 3-9-3-5, the board may assess a civil
penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(h) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(13). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has served as the treasurer of a committee in violation of
any of the statutes listed in subsection (a)(13), the board may assess a
civil penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(i) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(14). If the county election board
determines that a person has violated IC 20-26-4-2.5(e), the board
may assess a civil penalty of not more than one thousand dollars
($1,000), plus any investigative costs incurred and documented by
the board.
(i) (j) All civil penalties collected under this section shall be
deposited with the county treasurer to be deposited by the county
treasurer in a separate account to be known as the campaign finance
enforcement account. The funds in the account are available, with the
approval of the county fiscal body, to augment and supplement the
funds appropriated for the administration of this article.
(j) (k) Money in the campaign finance enforcement account does
not revert to the county general fund at the end of a county fiscal year.
(k) (l) Proceedings of the county election board under this section
are subject to IC 4-21.5.
(1) On a nonpartisan basis.
(2) In a primary election held in the county.
(b) Each member of a governing body shall be elected by all the voters who reside in the school corporation.
(c) Each member of a governing body, upon election and in conducting the business of the governing body, represents the interests of the entire school corporation.
(1) Each prospective candidate must file a petition of nomination
(A) The name of the prospective candidate.
(B) The signatures of at least one hundred (100) registered voters residing within the school corporation.
(2) Only eligible voters residing in the school corporation may vote for a candidate.
(1) Four (4) in 2012 and every four (4) years thereafter.
(2) Three (3) in 2010 and every four (4) years thereafter.
(b) The members are elected as follows:
(1)
(2) Three (3) of the members elected under
(c) Each eligible voter who resides in the school corporation may vote for as many candidates as the number to be elected at the election.
(d) The number of candidates:
(1) equal to the number to be elected at the election; and
(2) who receive the greatest number of votes among all the candidates for election;
are elected to be members of the governing body.
(b) If a candidate files a petition of nomination for election at the 2010 primary election that indicates that the candidate is running to represent a district, that petition of nomination:
(1) is not invalid; and
(2) shall be considered a petition of nomination for election to the governing body by all the voters of the school corporation.
(c) This section expires July 1, 2012.
(1) a member:
(A) dies;
(B) resigns from the governing body;
(C) ceases to be a resident of the school corporation; or
(D) fails to attend, except for reason of chronic illness, six (6) regularly scheduled meetings of the governing body in any twelve (12) month period; or
(2) a vacancy is created under any other law.
(b) The governing body shall temporarily fill a vacancy on the governing body as soon as practicable after the vacancy occurs.
(b) A candidate for election to the governing body may not do any of the following:
(1) Seek the endorsement or assistance of a political party in the candidate's election to the governing body.
(2) State in any campaign communications that the candidate is endorsed by a political party, an individual who holds a public office, or an individual seeking election to a public office.
(3) Solicit campaign contributions from a political party, an individual who holds a public office, or an individual seeking election to a public office. A candidate for election to the governing body who receives a contribution from a political party, an individual who holds a public office, or an individual seeking election to a public office shall return the contribution not later than five (5) business days after receiving the contribution.
(c) Subsection (b) does not prohibit a candidate for election to the governing body from doing any of the following:
(1) Seeking the endorsement or assistance of another candidate for election to the governing body.
(2) Stating in any campaign communications that the candidate is endorsed by another candidate for election to the governing body.
(3) Soliciting campaign contributions from another candidate for election to the governing body.
(d) A candidate for the governing body who:
(1) violates subsection (b); and
(2) is elected;
may be removed from office under IC 34-17.
(e) A political party may not directly or indirectly campaign for or against a candidate for election to the governing body. A political party that violates this subsection is subject to a civil penalty under IC 3-9-4-17.
