IC 14-33-5.4
    Chapter 5.4. Election of Board Members in Specific ConservancyDistricts

IC 14-33-5.4-1
Application of chapter
    Sec. 1. (a) This chapter applies only to conservancy districtslocated wholly within a county having a population of more thantwenty-three thousand five hundred (23,500) but less thantwenty-four thousand (24,000).
    (b) This article governs conservancy districts located whollywithin a county having a population of more than twenty-threethousand five hundred (23,500) but less than twenty-four thousand(24,000) generally except when this article conflicts with a sectionof 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 ortrustee means an individual who is related to the candidate or trustee,or to the spouse of the candidate or trustee, as one (1) of thefollowing:
        (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 wholekinship.
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 theinitial board of directors. A director shall be appointed for each ofthe areas in the district as established by the court. A director mustbe a freeholder of the area of the district for which appointed or anofficer or nominee of a corporate freeholder of the area of the districtfor which appointed and must be qualified by knowledge andexperience in matters pertaining to the development of the district.A majority of the directors must be resident freeholders of the districtif available and qualified. A majority of the initial directors must bepetitioners for the establishment of the district, but for this purposean officer or nominee of a corporate freeholder of the district, if thecorporation 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 April24 and May 1, the board shall invite nominations to fill vacancies onthe board by one (1) publication in a newspaper of generalcirculation in each of the counties in the district. Each publicationmust:
        (1) contain the names of the directors whose terms are expiringand the area of the district involved;
        (2) invite nominations to fill vacancies; and
        (3) state the qualifications for the office, that are the same asprescribed by subsection (a), except a nominee need not havebeen a petitioner for the establishment of the district nor aresident of the area of the district for which nominations areinvited.
    (c) Nominations for director must be submitted to the office of thedistrict in writing before June 1 following notice of vacancies andmust be signed by at least five (5) freeholders from the areasdesignated by the secretary's notice. Nominations that are mailed arevalid if delivered or postmarked before June 1 if the envelope hassufficient U.S. postage and is addressed to the district's office.
    (d) The election of directors of a district shall be held theSaturday or Sunday immediately before or after July 4. The board ofdirectors of a district shall establish the date for the election ofdirectors.
    (e) Notice of the annual election of directors of the district mustbe published in one (1) issue of a newspaper of general circulationin 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 thenominees, the place where ballots can be cast in the election, and thedate and time of the election.
    (f) Before the election, the board shall prepare the ballots and alist of the freeholders of the district, that must be certified by thecounty auditor and placed in the district's files. No deficiency in thisprocess or omission of the names of any freeholders voids actiontaken 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 appointthree (3) or, if necessary, more freeholders of the district to act asclerks of the election and to conduct the election.
    (i) If a district fails to conduct an election of directors as providedby this chapter, any interested person of the district may petition theboard of commissioners of the county to appoint a director to fillvacancies. The board of commissioners of the county shall make itsappointment within fifteen (15) days from the date the petition isfiled.
As added by P.L.185-1995, SEC.2.

IC 14-33-5.4-3.5
Effect of dividing freehold to increase votes; secretary'sdetermination; challenge of determination
    Sec. 3.5. (a) If in the opinion of the secretary of the district afreehold has been divided into multiple freeholds for the sole purposeof increasing the number of freeholders eligible to cast a vote in anelection under this chapter, the secretary of the district maydetermine to exclude the freeholders of those multiple freeholds fromthe list of freeholders referred to in section 3(f) of this chapter.
    (b) The determination of the secretary of the district undersubsection (a) may be challenged by petitioning the circuit court thatcreated 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 thedistrict 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 taxrecords as the holder of a freeholder's interest in a parcel ofproperty 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 realproperty listed on the current tax list provided under subsection(a); and
        (2) the individual's name must appear on the list of freeholdersprovided under subsection (a).
    (c) Before casting a vote at a polling place, a freeholder shall signthe list of freeholders in the presence of the secretary of the districtor an election clerk appointed under section 3(h) of this chapter. Thefreeholder shall sign the list in the space opposite the name of thefreeholder 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 thefreeholder'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 isentitled 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 thefreeholder who cast that vote to note the receipt of a valid writtenballot 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 eachpolling place on behalf of each candidate for director. The districtmust provide each observer with a copy of the list of freeholdersprovided to the district under section 4(a) of this chapter.
    (b) A candidate for director may not be present in a polling placeduring the day of the election of directors except to cast a ballot.
    (c) The relative of a candidate for director may not be present ina 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 forabsentee ballots. The form adopted by the district must elicit thefollowing information from the applicant:
        (1) Name.
        (2) Location within the district of the real estate that is held bythe applicant, making the applicant a freeholder.
    (b) An individual who:
        (1) holds a freeholder's interest in real property located withina district; and
        (2) wishes to cast an absentee ballot in an election of directorsof the district;
must present an application for an absentee ballot to the trustee of thetownship in which the real property of the freeholder is located. Theapplication must be made on the form adopted by the district undersubsection (a).
    (c) To be accepted, an application for an absentee ballot mustreach the trustee at least thirty (30) days before the election.
    (d) When the trustee receives an application for an absentee ballotunder this section, the trustee shall verify that the name of theapplicant appears on the list of freeholders provided to the districtunder section 4(a) of this chapter. For the purposes of thissubsection, the district shall provide a copy of the list of freeholders

to the trustee of each township that is located in whole or in partwithin 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 theballot.
    (f) The instructions provided by the trustee under subsection(e)(2) must direct the applicant to return the absentee ballot by mailto the trustee.
    (g) If the name of an applicant does not appear on the list offreeholders, the trustee shall:
        (1) discard the application of the applicant; and
        (2) mail to the applicant a letter or postcard informing theapplicant that the applicant's application for an absentee ballothas been discarded because the applicant's name did not appearon the list of freeholders.
    (h) A trustee shall:
        (1) keep a record of each absentee ballot mailed to an applicantunder subsection (e);
        (2) retain absentee ballots that are returned to the office of thetrustee before the date of the election; and
        (3) on the day of the election, deliver all absentee ballotsretained 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 electionof directors of the district shall be carried out by a member of thetownship 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 undersection 3(h) of this chapter shall count the ballots cast and make areport of the results. The secretary of the district shall record theresults 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 thesuccessful nominees elected, and each elected director is entitled toand shall assume all duties of the office to which the nominee waselected at midnight the night of the election or as soon as possiblethereafter.
As added by P.L.185-1995, SEC.2.
IC 14-33-5.4-7.5
Single nominee considered elected; no election required when onlyone 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 representan area, the nominee for election to the board to represent that areais considered elected.
    (b) Notwithstanding the other provisions of this chapter, if thereis only one (1) nominee for election to the board for each area forwhich a director is to be elected, the following apply:
        (1) The election otherwise required to be held under thischapter is not required to be held.
        (2) Each of the nominees for election to the board is consideredelected as if the election had been held and each nominee waselected 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 thischapter, a director shall take the following oath: "I do solemnlyswear that I shall, to the best of my ability, strive to accomplish thepurposes for which the district is established and properly to operateand 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 thetime 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 ofthe board adopted before December 1 of the year.
    (c) Notice of the annual meeting of the district must be publishedin one (1) issue of a newspaper of general circulation in each countyin 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.