Sec. 3. 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 _______.
District ( )
(Name)
(Address)
(Name)
(Address)
(Name)
(Address)
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.]
As added by P.L.98-2004, SEC.6. Amended by P.L.33-2021, SEC.1.
