§ 33-33-2-36 — Judicial nominating commission; election of attorney members

The attorney members of the commission
shall be elected by the following process:
(1) The clerk of the superior court shall, at least ninety (90) days
before the date of election, notify all attorneys in Allen County of
the election by mail, informing them that nominations must be
made to the clerk of the superior court at least sixty (60) days
before the election.
(2) A nomination in writing, accompanied by a signed petition of
ten (10) attorney electors and the written consent of the qualified
nominee, shall be filed by an attorney elector in the office of the
clerk at least sixty (60) days before the election.
(3) The clerk shall prepare and print ballots containing the names
and residential addresses of all attorney nominees whose written
nominations, petitions, and written statements of consent have
been received sixty (60) days before the election.
(A) The ballot must read:
"ALLEN SUPERIOR COURT
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in Allen County and admitted to
the practice of law in Indiana. Vote for not more than three (3) of the
following candidates for terms commencing __________.
To be counted, this ballot must be completed, the accompanying
certificate completed and signed, and both together mailed or delivered
to the clerk of the Allen Superior Court not later than
______________.
DESTROY BALLOT IF NOT USED".
(B) The three (3) nominees receiving the most votes are
elected.
(4) The clerk shall also supply with each ballot distributed by the
clerk a certificate, to be completed and signed and returned by the
attorney elector voting the ballot, certifying that the attorney
elector is admitted to the practice of law in Indiana, that the
attorney elector resides in Allen County, and that the attorney
elector voted the ballot returned. A ballot not accompanied by the
signed certificate of the voter may not be counted.
(5) A separate envelope shall be provided by the clerk for the
ballot, in which only the voted ballot is to be placed. This
envelope may not be opened until the counting of the ballots.
(6) The clerk of the superior court shall mail a ballot and its
accompanying material to all qualified electors at least two (2)
weeks before the date of election.
(7) Upon receiving the completed ballots and the accompanying
certificates, the clerk shall ensure that the certificates have been
completed in compliance with this chapter. All ballots that are
accompanied by a valid certificate shall be placed in a package
designated to contain ballots. All accompanying certificates shall
be placed in a separate package.
(8) The clerk, with the assistance of the Allen County election
board, shall open and canvass all ballots after 4 p.m. on the day
of the election in the office of the clerk of the Allen superior
court. A ballot received after 4 p.m. may not be counted unless
the chairman of the judicial nominating commission orders an
extension of time because of extraordinary circumstances. Upon
canvassing the ballots the clerk shall place all ballots in their
package. These, along with the certificates, 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 court of
appeals.
(9) If two (2) or more nominees are tied so that one (1) additional
vote cast for one (1) of them would give that nominee a plurality,
the canvassers shall resolve the tie by lot, and the winner of the
lot is considered to have been elected.
[Pre-2004 Recodification Citation: 33-5-5.1-34.1.]

Legislative History

As added by P.L.98-2004, SEC.12.