CHAPTER 5.4. ELECTION OF BOARD MEMBERS IN SPECIFIC CONSERVANCY DISTRICTS
IC 14-33-5.4
Chapter 5.4. Election of Board Members in Specific Conservancy
Districts
IC 14-33-5.4-1
Application of chapter
Sec. 1. (a) This chapter applies only to conservancy districts
located wholly within a county having a population of more than
twenty-three thousand five hundred (23,500) but less than
twenty-four thousand (24,000).
(b) This article governs conservancy districts located wholly
within a county having a population of more than twenty-three
thousand five hundred (23,500) but less than twenty-four thousand
(24,000) generally except when this article conflicts with a section
of this chapter.
As added by P.L.185-1995, SEC.2. Amended by P.L.170-2002,
SEC.97.
IC 14-33-5.4-2
"Relative" defined
Sec. 2. (a) As used in this chapter, "relative" of a candidate or
trustee means an individual who is related to the candidate or trustee,
or to the spouse of the candidate or trustee, as one (1) of the
following:
(1) Son.
(2) Daughter.
(3) Grandson.
(4) Granddaughter.
(5) Great-grandson.
(6) Great-granddaughter.
(7) Father.
(8) Mother.
(9) Grandfather.
(10) Grandmother.
(11) Great-grandfather.
(12) Great-grandmother.
(13) Brother.
(14) Sister.
(15) Nephew.
(16) Niece.
(17) Uncle.
(18) Aunt.
(b) For the purposes of this section, relatives by adoption,
half-blood, marriage, or remarriage are treated as relatives of whole
kinship.
As added by P.L.185-1995, SEC.2.
IC 14-33-5.4-3
Appointment; vacancies; election procedures
Sec. 3. (a) Within twenty (20) days after the order establishing the
district, the board of commissioners of the county shall appoint the
initial board of directors. A director shall be appointed for each of
the areas in the district as established by the court. A director must
be a freeholder of the area of the district for which appointed or an
officer or nominee of a corporate freeholder of the area of the district
for which appointed and must be qualified by knowledge and
experience in matters pertaining to the development of the district.
A majority of the directors must be resident freeholders of the district
if available and qualified. A majority of the initial directors must be
petitioners for the establishment of the district, but for this purpose
an officer or nominee of a corporate freeholder of the district, if the
corporation is one (1) of the petitioners, is considered a petitioner.
(b) When vacancies on the board occur due to expiration of terms,
resignation, or otherwise, directors shall be elected by a majority,
written ballot vote of the freeholders of the district. Between April
24 and May 1, the board shall invite nominations to fill vacancies on
the board by one (1) publication in a newspaper of general
circulation in each of the counties in the district. Each publication
must:
(1) contain the names of the directors whose terms are expiring
and the area of the district involved;
(2) invite nominations to fill vacancies; and
(3) state the qualifications for the office, that are the same as
prescribed by subsection (a), except a nominee need not have
been a petitioner for the establishment of the district nor a
resident of the area of the district for which nominations are
invited.
(c) Nominations for director must be submitted to the office of the
district in writing before June 1 following notice of vacancies and
must be signed by at least five (5) freeholders from the areas
designated by the secretary's notice. Nominations that are mailed are
valid if delivered or postmarked before June 1 if the envelope has
sufficient U.S. postage and is addressed to the district's office.
(d) The election of directors of a district shall be held the
Saturday or Sunday immediately before or after July 4. The board of
directors of a district shall establish the date for the election of
directors.
(e) Notice of the annual election of directors of the district must
be published in one (1) issue of a newspaper of general circulation
in each county in the district. The notice must be published:
(1) not less than fourteen (14); and
(2) not more than thirty-one (31);
days before the election. The notice must contain the names of the
nominees, the place where ballots can be cast in the election, and the
date and time of the election.
(f) Before the election, the board shall prepare the ballots and a
list of the freeholders of the district, that must be certified by the
county auditor and placed in the district's files. No deficiency in this
process or omission of the names of any freeholders voids action
taken at an annual meeting.
(g) A freeholder is entitled to only one (1) vote per freeholder.
(h) Before the election of directors, the chairman shall appoint
three (3) or, if necessary, more freeholders of the district to act as
clerks of the election and to conduct the election.
(i) If a district fails to conduct an election of directors as provided
by this chapter, any interested person of the district may petition the
board of commissioners of the county to appoint a director to fill
vacancies. The board of commissioners of the county shall make its
appointment within fifteen (15) days from the date the petition is
filed.
As added by P.L.185-1995, SEC.2.
IC 14-33-5.4-3.5
Effect of dividing freehold to increase votes; secretary's
determination; challenge of determination
Sec. 3.5. (a) If in the opinion of the secretary of the district a
freehold has been divided into multiple freeholds for the sole purpose
of increasing the number of freeholders eligible to cast a vote in an
election under this chapter, the secretary of the district may
determine to exclude the freeholders of those multiple freeholds from
the list of freeholders referred to in section 3(f) of this chapter.
(b) The determination of the secretary of the district under
subsection (a) may be challenged by petitioning the circuit court that
created the district.
As added by P.L.16-2010, SEC.4.
IC 14-33-5.4-4
Requirements for voting eligibility
Sec. 4. (a) The auditor of each county shall, at least forty-five (45)
days before the election of directors of the district, provide the
district with a current list of freeholders that sets forth:
(1) each parcel of real property that is:
(A) located within the county and the district; and
(B) subject to property tax under IC 6-1.1; and
(2) the name of each individual who is identified in property tax
records as the holder of a freeholder's interest in a parcel of
property described in subdivision (1).
(b) To be eligible to vote in an election of directors of a district:
(1) an individual must have a freeholder's interest in real
property listed on the current tax list provided under subsection
(a); and
(2) the individual's name must appear on the list of freeholders
provided under subsection (a).
(c) Before casting a vote at a polling place, a freeholder shall sign
the list of freeholders in the presence of the secretary of the district
or an election clerk appointed under section 3(h) of this chapter. The
freeholder shall sign the list in the space opposite the name of the
freeholder on the list.
(d) Notwithstanding subsection (b)(2), if:
(1) a freeholder's name does not appear on the list of
freeholders; and
(2) the secretary of the district or an election clerk finds that the
freeholder's name was erroneously omitted from the list;
the secretary or clerk shall place the freeholder's name on the list.
After the freeholder's name is placed on the list, the freeholder is
entitled to cast a ballot in the election.
(e) After placing a freeholder's name on the list under subsection
(d), the secretary or clerk shall mark the list opposite the name of the
freeholder who cast that vote to note the receipt of a valid written
ballot vote from the freeholder.
As added by P.L.185-1995, SEC.2.
IC 14-33-5.4-5
Voting procedures; presence of candidate at polling place
Sec. 5. (a) Two (2) observers may monitor the voting at each
polling place on behalf of each candidate for director. The district
must provide each observer with a copy of the list of freeholders
provided to the district under section 4(a) of this chapter.
(b) A candidate for director may not be present in a polling place
during the day of the election of directors except to cast a ballot.
(c) The relative of a candidate for director may not be present in
a polling place during the day of the election of directors except:
(1) to cast a ballot; or
(2) to act as an observer under subsection (a).
As added by P.L.185-1995, SEC.2.
IC 14-33-5.4-6
Absentee ballots
Sec. 6. (a) A district must adopt a form for applications for
absentee ballots. The form adopted by the district must elicit the
following information from the applicant:
(1) Name.
(2) Location within the district of the real estate that is held by
the applicant, making the applicant a freeholder.
(b) An individual who:
(1) holds a freeholder's interest in real property located within
a district; and
(2) wishes to cast an absentee ballot in an election of directors
of the district;
must present an application for an absentee ballot to the trustee of the
township in which the real property of the freeholder is located. The
application must be made on the form adopted by the district under
subsection (a).
(c) To be accepted, an application for an absentee ballot must
reach the trustee at least thirty (30) days before the election.
(d) When the trustee receives an application for an absentee ballot
under this section, the trustee shall verify that the name of the
applicant appears on the list of freeholders provided to the district
under section 4(a) of this chapter. For the purposes of this
subsection, the district shall provide a copy of the list of freeholders
to the trustee of each township that is located in whole or in part
within the district at least thirty (30) days before the election.
(e) If the name of an applicant appears on the list of freeholders,
the trustee shall mail to the applicant:
(1) an absentee ballot; and
(2) instructions on the proper completion and mailing of the
ballot.
(f) The instructions provided by the trustee under subsection
(e)(2) must direct the applicant to return the absentee ballot by mail
to the trustee.
(g) If the name of an applicant does not appear on the list of
freeholders, the trustee shall:
(1) discard the application of the applicant; and
(2) mail to the applicant a letter or postcard informing the
applicant that the applicant's application for an absentee ballot
has been discarded because the applicant's name did not appear
on the list of freeholders.
(h) A trustee shall:
(1) keep a record of each absentee ballot mailed to an applicant
under subsection (e);
(2) retain absentee ballots that are returned to the office of the
trustee before the date of the election; and
(3) on the day of the election, deliver all absentee ballots
retained under subdivision (2) to an election polling place.
(i) The district shall:
(1) supply the trustee with:
(A) absentee ballots; and
(B) envelopes; and
(2) reimburse the expenses incurred by the trustee for postage;
under this section.
(j) If a relative of a trustee is a candidate for director of a district,
the duties of the trustee under this section with respect to the election
of directors of the district shall be carried out by a member of the
township board selected by the trustee.
As added by P.L.185-1995, SEC.2.
IC 14-33-5.4-7
Results of election
Sec. 7. (a) At the close of an election, the clerks appointed under
section 3(h) of this chapter shall count the ballots cast and make a
report of the results. The secretary of the district shall record the
results reported by the clerks in the records of the district.
(b) After the results are reported and recorded under subsection
(a), the chairman of the board of directors shall declare the
successful nominees elected, and each elected director is entitled to
and shall assume all duties of the office to which the nominee was
elected at midnight the night of the election or as soon as possible
thereafter.
As added by P.L.185-1995, SEC.2.
IC 14-33-5.4-7.5
Single nominee considered elected; no election required when only
one nominee in each district
Sec. 7.5. (a) Notwithstanding the other provisions of this chapter,
if there is only one (1) nominee for election to the board to represent
an area, the nominee for election to the board to represent that area
is considered elected.
(b) Notwithstanding the other provisions of this chapter, if there
is only one (1) nominee for election to the board for each area for
which a director is to be elected, the following apply:
(1) The election otherwise required to be held under this
chapter is not required to be held.
(2) Each of the nominees for election to the board is considered
elected as if the election had been held and each nominee was
elected as provided in this chapter.
As added by P.L.16-2010, SEC.5.
IC 14-33-5.4-8
Oath of office
Sec. 8. Promptly after being appointed or elected under this
chapter, a director shall take the following oath: "I do solemnly
swear that I shall, to the best of my ability, strive to accomplish the
purposes for which the district is established and properly to operate
and maintain its works of improvement.".
As added by P.L.185-1995, SEC.2.
IC 14-33-5.4-9
Annual meeting
Sec. 9. (a) The annual meeting of the district must be held at the
time designated by the court under IC 14-33-2-27.
(b) The location of the annual meeting must be:
(1) the office of the district; or
(2) a place in or near the district as determined by resolution of
the board adopted before December 1 of the year.
(c) Notice of the annual meeting of the district must be published
in one (1) issue of a newspaper of general circulation in each county
in the district. The notice must be published:
(1) not less than fourteen (14); and
(2) not more than thirty-one (31);
days before the annual meeting.
(d) The notice must set forth:
(1) the fact that the meeting is the annual meeting of the district;
and
(2) the purposes of the meeting.
As added by P.L.185-1995, SEC.2.