School Board Candidate Election Procedures, 2016
I. Dates to File
A. General Election (November 8, 2016)
July 27, 2016 First day for filing Petition of Nomination (IC 3-8-2.5-4)
12:00 Noon Last day and hour for filing Petition of Nomination (IC 3-8-2.5-4) August 26, 2016
II. Election Procedures
- Petition of Nomination and Consent (IC 3-8-2.5)Candidates for school board offices must file a petition of nomination and consent (CAN-34). The petitions are available: (1) at the offices of the Indiana Secretary of State, Election Division; (2) on the Division’s website at www.in.gov/sos/elections; and (3) from circuit court clerks’ offices. The petition of nomination and consent must be filed with the county election board. Candidates seeking election in a school corporation that is located in more than one county must file the petition of nomination and consent with the county election board in the county that contains the greatest percentage of population of the school corporation. (IC 3-8-2-6)In most community school corporations, the petition of nomination and consent must be signed by the candidate and ten (10) registered voters residing within the boundaries of the school corporation. (IC 20-23-4-29.1)
However, in some school corporations, state law requires more than ten (10) signatures. Candidates should check with the county election board to determine the number of signatures required.
In a metropolitan school district, the petition of nomination and consent must be signed by ten (10) registered voters residing in the same board member district as the candidate. (IC 20-23-7- 8.1)
- Statement of Economic Interests (IC 3-8-9)Candidates for school board offices must file a statement of economic interests (CAN-12) with the petition of nomination and consent. Statements of economic interests are available: (1) at the offices of the Indiana Secretary of State, Election Division; (2) on the Division’s website at www.in.gov/sos/elections; and (3) from circuit court clerks’ offices. Failure to file a statement of economic interests will result in the petition of nomination being rejected.
- Campaign Financial StatementsA candidate for a school board office who receives more than $500 in contributions or makes more than $500 in expenditures as a candidate for a school board office must have a principal committee. A candidate who meets this exception must file the CFA-1 form no later than noon ten (10) days after the candidate exceeds the $500 contribution or expenditure amount. (IC 3-9-1-5.5) Candidates should contact the county election board for information on the filing of these reports and other additional requirements. Campaign financial information may also be found on the website of the Indiana Secretary of State, Election Division, at www.in.gov/sos/elections.
*This memo is for informational purposes only. CONTACT YOUR COUNTY ELECTION BOARD TO VERIFY THE ABOVE DATES AND STATUTORY REQUIREMENTS.
- Campaign ViolationsAmong the criminal offenses for campaign violations are: filing a fraudulent petition of nomination; filing a fraudulent campaign financial statement; and failing to file a campaign financial statement. (IC 3-14-1)A school board candidate who receives more than $500 in contributions or spends more than $500 as a candidate is also subject to civil penalties for failure to file reports required by law. (IC 3-9-4)
- Applicable LawsIC 3-9-2 (campaign contributions); IC 3-9-3-2.5 (candidate communications disclaimer); IC 3-9-4 (election boards’ duties); and IC 3-14-1 (campaign violations).
- Additional InformationCandidates should contact the county election board with any questions regarding dates, procedures, and completing the proper forms. Candidates may also contact the Election Division of the Indiana Secretary of State at 317/232-3939 or toll-free at 800/622-4941 or access their website at www.in.gov/sos/elections.
III. Eligibility Requirements
- Voter RegistrationA person is not qualified to run for: (1) a state office;
(2) a legislative office;
(3) a local office; or(4) a school board office;
unless the person is registered to vote in the election district the person seeks to represent not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination. (IC 3-8-1-1(b)) - Felony ConvictionA person is disqualified from assuming or being a candidate for an elected office if, among other things, the person has been convicted of a felony that has not been pardoned, reversed, vacated, set aside, or not entered because the trial court did not accept the person’s guilty plea. (IC 3-8-1- 5)
- Multiple Lucrative OfficesA person may not hold more than one (1) lucrative office at a time, as provided in Article 2, Section 9 of the Constitution of the State of Indiana. (IC 3-8-1-3)
- ResidenceA candidate for a school board office must have resided in the school corporation for at least one (1) year before the election. If a candidate is seeking to represent an election district that consists of less than the entire school corporation, the candidate must have resided in the election district for at least one (1) year before the election. (IC 3-8-1-34)
- AgeNo person otherwise eligible to assume office as a member of a governing body shall be disqualified on the basis of age, if the individual is at least twenty-one (21) years of age. (IC 20- 26-4-9)
- Property OwnershipProperty ownership may not be a qualification for serving as a member of a governing body. (IC 20-26-4-10)
- School Corporation EmployeesAn individual who is employed as a teacher or as a noncertificated employee of the school corporation may not be a member of the governing body of the school corporation. (IC 20-26-4- 11)
Prepared by Lisa F. Tanselle, General Counsel Indiana School Boards Association
April 2016
