Introduced Version
HOUSE BILL No. 1133
_____
DIGEST OF INTRODUCED BILL
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.
Brown C
January 7, 2010, read first time and referred to Committee on Elections and
Apportionment.
Introduced
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1133
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 3-9-4-17; (10)IN1133.1.1. -->
SECTION 1. IC 3-9-4-17 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 17. (a) In addition to any other
penalty imposed, a person who does any of the following is subject to
a civil penalty under this section:
(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.
SOURCE: IC 20-23-12-3; (10)IN1133.1.2. -->
SECTION 2. IC 20-23-12-3, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The governing body of the school
corporation consists of seven (7) members elected as follows:
(1) On a nonpartisan basis.
(2) In a primary election held 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.
(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.
SOURCE: IC 20-23-12-5; (10)IN1133.1.3. -->
SECTION 3. IC 20-23-12-5, AS AMENDED BY P.L.1-2006,
SECTION 318, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The six (6) members who
are elected for a position on the governing body described under
section 3(b) of this chapter are determined as follows:
(1) Each prospective candidate must file a nomination petition
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 election at which the members are to be elected
that includes the following information:
(A) The name of the prospective candidate.
(B) The district in which the prospective candidate resides.
(C) The signatures of at least one hundred (100) registered
voters residing in the school corporation.
(D) The fact that the prospective candidate is running for a
district position.
(E) A certification that the prospective candidate meets the
qualifications for candidacy imposed by this chapter.
(2) Only eligible voters residing in the district may vote for a
candidate.
(3) The candidate within each district who receives the greatest
number of votes in the district is elected.
(b) The at-large Each member elected under section 3(c) of this
chapter is determined as follows:
(1) Each prospective candidate must file a petition of nomination
petition with the clerk of the circuit court at least seventy-four
(74) days before the election at which the at-large member is
members are to be elected. The petition must include the
following information:
(A) The name of the prospective candidate.
(B) The signatures of at least one hundred (100) registered
voters residing within the school corporation.
(C) The fact that the prospective candidate is running for the
at-large position on the governing body.
(D) (C) A certification that the prospective candidate meets
the qualifications for candidacy imposed by this chapter.
(2) Only eligible voters residing in the school corporation may
vote for a candidate.
(3) The candidate who:
(A) runs for the at-large position on the governing body; and
(B) receives the greatest number of votes in the school
corporation;
is elected to the at-large position.
SOURCE: IC 20-23-12-6; (10)IN1133.1.4. -->
SECTION 4. IC 20-23-12-6, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) A candidate who runs for a position on
the governing body described under section 3(b) of this chapter must
reside in the school corporation district for which the candidate filed.
(b) A candidate who runs for the at-large a position on the
governing body described in section 3(c) of this chapter must reside in
the school corporation.
SOURCE: IC 20-23-12-9; (10)IN1133.1.5. -->
SECTION 5. IC 20-23-12-9, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) As used in this section, "number to be
elected" refers to the following:
(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) Three (3) Four (4) of the members elected under section 3(b)
of this chapter are elected at the primary election to be held in
2008 2012 and every four (4) years thereafter.
(2) Three (3) of the members elected under section 3(b) of this
chapter are elected at the primary election to be held in 2006 2010
and every four (4) years thereafter.
(3) The at-large member elected under section 3(c) of this chapter
is elected at the primary election to be held in 2008 and every four
(4) years thereafter.
(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.
SOURCE: IC 20-23-12-9.1; (10)IN1133.1.6. -->
SECTION 6. IC 20-23-12-9.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9.1. (a) The members of the
governing body shall be elected at large as provided in this chapter,
beginning with the 2010 primary election.
(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.
SOURCE: IC 20-23-12-10; (10)IN1133.1.7. -->
SECTION 7. IC 20-23-12-10, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) A vacancy on the governing body is
created when:
(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
(E) ceases to be a resident of the school district in which the
member was elected; 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.
SOURCE: IC 20-26-4-2.5; (10)IN1133.1.8. -->
SECTION 8. IC 20-26-4-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.5. (a) This section applies to a candidate
for election to the governing body on a nonpartisan basis.
(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.
SOURCE: IC 20-23-12-4; (10)IN1133.1.9. -->
SECTION 9. IC 20-23-12-4 IS REPEALED [EFFECTIVE UPON
PASSAGE].
SOURCE: ; (10)IN1133.1.10. -->
SECTION 10.
An emergency is declared for this act.