§ 33-27-2-3 — Election procedure

The attorney commissioners of the judicial
nominating commission shall be elected by the following process:
(1) The clerk of the supreme court shall, at least ninety (90) days
before the date of an election, send a notice to the electronic mail
address for each qualified elector shown on the records of the
clerk informing the electors that nominations for the election must
be made to the clerk of the supreme court at least sixty (60) days
before the election.
(2) A nomination in writing accompanied by a signed petition of
thirty (30) electors from the nominee's district, and the written
consent of the nominee shall be filed, by mail or otherwise, by any
electors or group of electors admitted to the practice of law in
Indiana who reside in the same district as the nominee, in the
office of the clerk of the supreme court at least sixty (60) days
before the election.
(3) The clerk of the supreme court shall prepare separate ballots
for each court of appeals district. These ballots must contain the
names and business addresses of all nominees residing within the
district for which the ballots are prepared, and whose written
nominations, petitions, and written statements of consent have
been received sixty (60) days before the election.
(4) The electronic ballot must read, in all material respects, as
follows:
Indiana Judicial Nominating Commission
ELECTRONIC BALLOT FOR DISTRICT ( )
To be cast by individuals residing in District ( ) and registered with the
Clerk of the Supreme Court as an attorney in good standing under the
requirements of the Supreme Court. Vote for one (1) member listed
below for Indiana Judicial Nominating Commissioner for the term
commencing _______.
To be counted, this ballot must be completed, signed, and
electronically submitted to the Clerk of the Supreme Court of Indiana,
Indianapolis, Indiana, not later than _______.
(5) In each district, the nominee receiving the most votes from the
district shall be elected.
(6) The clerk shall require that the voter certify that the voter is
registered with the clerk of the supreme court as an attorney in
good standing under the requirements of the supreme court, and
that the voter submitted the electronic ballot. The clerk of the
supreme court shall not process an electronic ballot without the
voter making the certification.
(7) The clerk of the supreme court shall make the electronic ballot
and the accompanying material available to all electors at least
two (2) weeks before the date of the election.
(8) The ballot and the accompanying certificate must be
completed and received by the clerk of the supreme court by 4
p.m. on the last day of the election period.
(9) The clerk of the supreme court shall electronically tabulate the
ballots after 4 p.m. on the last day of the election period. A ballot
received after 4 p.m. may not be counted unless the chief justice
orders an extension of time because of unusual circumstances.
The electronic ballots shall be retained in the clerk's office for six
(6) months, and the clerk may not permit anyone to inspect them
except upon an order of the supreme court.
(10) Not later than ten (10) days after the election, the clerk shall
certify the results to the secretary of state.
(11) In an election held for selection of attorney commissioners
of the judicial nominating commission, if two (2) or more
nominees are tied, the clerk of the supreme court, the secretary of
state, and the attorney general shall resolve the tie by lot in a
manner that they shall determine, and the winner of the lot is
considered elected.
[Pre-2004 Recodification Citation: 33-2.1-4-3.]

Legislative History

As added by P.L.98-2004, SEC.6. Amended by P.L.33-2021, SEC.1.