Rep. Tim Wesco

Requires a petition of nomination for a school board office to state one of the following: (1) The candidate's political party affiliation. (2) That the candidate is an independent candidate. (3) That the candidate elects not to disclose any affiliation with a political party or that the candidate is not affiliated with a political party and does not identify as an independent candidate. Specifies that unless a candidate who states a political party affiliation is challenged, the candidate's statement must be indicated on the ballot. Provides that the name of a candidate for school board office who does not run in affiliation with a political party or as an independent candidate must be printed with a blank space after the candidate's name signifying that the candidate elects not to disclose any affiliation with a political party or that the candidate is not affiliated with a political party and does not identify as an independent candidate. Specifies that a straight party vote does not count for any candidate for a school board office. Requires a school board vacancy to be filled by: (1) a caucus if the vacating member stated an affiliation with a major political party; and (2) the remaining members of the governing body if the vacating member did not state an affiliation with a major political party. Modifies the annual amount that the governing body of a school corporation may pay a member of the governing body from $2,000 (under current law) to an amount not to exceed 10% of the lowest starting salary of a teacher employed by the school corporation.

Provides a credit against state tax liability for expenses incurred in the manufacture of a small modular nuclear reactor (SMR) in Indiana. Establishes procedures under which certain energy utilities may request approval for one or more of the following from the Indiana utility regulatory commission (IURC): (1) An expedited generation resource plan (EGR plan) to meet customer load growth that exceeds a specified threshold. (2) A generation resource submittal for the acquisition of a specific generation resource in accordance with an approved EGR plan. (3) A project to serve one or more large load customers. Sets forth: (1) the requirements for approval of each of these types of requests; (2) standards for financial assurances by large load customers; and (3) cost recovery mechanisms for certain acquisition costs or project costs incurred by energy utilities. Amends the statute concerning public utilities' annual electric resource planning reports to the IURC to provide that for an annual report submitted after December 31, 2025, a public utility must include information as to the amount of generating resource capacity or energy that the public utility plans to retire or refuel with respect to any electric generation resource of at least 125 megawatts. Provides that for any planned retirement or refueling, the public utility must include, along with other specified information, information as to the public utility's plans with respect to the following: (1) For a retirement, the amount of replacement capacity identified to provide approximately the same accredited capacity within the appropriate regional transmission organization (RTO) as the capacity of the facility to be retired. (2) For a refueling, the extent to which the refueling will maintain or increase the current generating resource accredited capacity or energy that the electric generating facility provides, so as to provide approximately the same accredited capacity within the appropriate RTO. Requires IURC staff to prepare a staff report for each public utility report that includes a planned electric generation resource retirement. Provides that if, after reviewing a public utility's report and any related staff report, the IURC is not satisfied that the public utility can satisfy both its planning reserve margin requirement and the statute's prescribed reliability adequacy metrics, the IURC shall conduct an investigation into the reasons for the public utility's inability to meet these requirements. Provides that if the public utility's report indicates that the public utility plans to retire an electric generating facility within one year of the date of the report, the IURC must conduct such an investigation. Provides that: (1) a public utility may request, not earlier than three years before the planned retirement date of an electric generation facility, that the IURC conduct an investigation into the planned retirement; and (2) if the IURC conducts an investigation at the request of the public utility within that three year period, the IURC may not conduct a subsequent investigation that would otherwise be required under the bill's provisions unless the IURC is not satisfied that the public utility can satisfy both its planning reserve margin requirement and the statutory reliability adequacy metrics as of the time the investigation would otherwise be required. Provides that if a CPCN is granted by the IURC for a facility intended to repower or replace a generation unit that is planned for retirement, and the CPCN includes findings that the project will result in at least equivalent accredited capacity and will provide economic benefit to ratepayers as compared to the continued operation of the generating unit to be retired, the CPCN constitutes approval by the IURC for purposes of an investigation that would otherwise be required. Provides that if, after an investigation, the IURC determines that the capacity resources available to the public utility will not be adequate to allow the public utility to satisfy both its planning reserve margin requirements and the statute's prescribed reliability adequacy metrics, the IURC shall issue an order: (1) directing the public utility to acquire or construct; or (2) prohibiting the retirement or refueling of; such capacity resources that are reasonable and necessary to enable the public utility to meet these requirements. Provides that if the IURC does not issue an order in an investigation within 120 days after the initiation of the investigation, the public utility is considered to be able to satisfy both its planning reserve margin requirement and the statutory reliability adequacy metrics with respect to the retirement of the facility under investigation. Provides that if the IURC issues an order to prohibit the retirement or refueling of an electric generation resource, the IURC shall create a sub-docket to authorize the public utility to recover in rates the costs of the continued operation of the electric generation resource proposed to be retired or refueled, subject to a finding by the IURC that the continued costs of operation are just and reasonable. Makes a technical change to another Indiana Code section to recognize the redesignation of subsections within the section containing these provisions.

Amends the definition of "motor vehicle" for purposes of dealer services provisions governing unfair practices and the succession to franchise by designated family members. Amends the definition of "trailer" for certain instances. Specifies that the requirement that a dealer have an established place of business does not apply to a dealer selling trailers, unless the dealer is required to be licensed for any other purpose. Provides that a dealer selling trailers does not have to file certain information with the secretary of state.

Modifies the definition of "auxiliary party organization". Specifies that the definition of "contribution" includes certain donations of property through a payment platform that acts as a conduit. Requires each county to submit to the secretary of state (secretary) information concerning the county's information technology provider. Repeals a provision that allows the Indiana election commission (commission) to issue advisory opinions. Provides that an advisory opinion issued by the commission before July 1, 2025, is void. Permits a pollbook holder, challenger, or watcher to enter, leave, and reenter multiple polling places at any time on election day. Requires the county voter registration official to send a notice requesting proof of citizenship to an individual who uses an identification number from a temporary credential as part of the individual's voter registration application. Provides that an applicant may not list on the voter registration form a post office box or a commercially available mailing box as the residence address of the applicant. Prohibits, with some exceptions, an individual from printing or setting forth information on any part of a voter registration form that will be mailed to another individual. Requires a person who receives a completed petition for nomination of a candidate and has reason to believe that the petition is materially false, fictitious, or fraudulent to deliver the petition to a county election board. Requires the county election board to take certain actions to determine if a violation of election law has occurred. Provides that certain paid political advertising or campaign material does not falsely represent that the candidate is or has been an officeholder. Requires the reporting of certain information if a contribution is made through a payment platform that acts as a conduit. Allows a voter who resides in any precinct to challenge a voter or person who offers to vote at a primary election. Provides that an absentee ballot affidavit that does not contain an accurate date of signature is insufficient and must be rejected. Permits the secretary to conduct a procedure audit of a primary or general election after the election occurs. Requires the secretary to issue orders concerning procedure audits. Specifies the deadlines by which procedure audits must be completed. Makes it a Class A misdemeanor to circulate or publish material in an election without printing a certain statement on the envelope of an absentee ballot application that a person sends to an individual.

Provides that the judges of the Marion County juvenile courts may not appoint more than 11 magistrates. Eliminates a court in Blackford County and Monroe County. Eliminates a magistrate in Jennings County. Allows the judges of the Elkhart circuit and superior courts to appoint four full-time magistrates. (Current law allows for the appointment of two magistrates.) Adds two superior courts to Hamilton County. Provides that the first judges of Hamilton superior courts No. 8 and No. 9 shall: (1) be elected at the November 2026 general election; (2) take office January 1, 2027; and (3) serve a term of six years. Allows the judges of the Hamilton circuit and superior courts to jointly appoint two additional magistrates to serve the Hamilton County courts. Allows the judge of the Lawrence County juvenile court to appoint not more than one full-time magistrate. Allows the judges of the Vigo circuit and superior courts to jointly appoint one magistrate to serve the Vigo County courts.

Requires a county election board to test certain voting machines to ensure that an absentee ballot can be retracted before tabulation of the ballot if the ballot is required to be rejected. Requires the public test of a voting system to test whether a rejected ballot is retracted. Voids a March 25, 2022, advisory opinion adopted by the Indiana election commission. Provides that, to be approved by the Indiana election commission for use in Indiana, a voting system must meet certain standards of the Voluntary Voting System Guidelines adopted by the United States Election Assistance Commission on February 10, 2021. Allows a county to continue to use an optical scan ballot card voting system or an electronic voting system if certain matters concerning the voting system were approved before October 1, 2025. Allows a voting system to include a retraction feature concerning certain votes cast on absentee ballots.

Modifies the definition of "candidate". Provides that certain documents and material generated for or used by a political party caucus to select a person to fill a vacancy in an elected office are the property of the political party. Provides that the office of the circuit court clerk must remain closed on primary election day and general election day. Provides that the circuit court clerk shall perform required duties to conduct elections on primary election day and general election day. Specifies that the circuit court clerk is not required to perform on primary election day and general election day a duty other than conducting elections. Requires a county, city, town, township, or school to provide to an employee of a local government office who requests leave to serve: (1) on primary election day or general election day; and (2) as a precinct election officer; a paid day of leave to serve as a precinct election officer. Specifies an exception. Requires certain redistricting authorities to redistrict election districts or recertify existing election districts within the statutory deadlines and withholds payment to aa member of a redistricting authority for failure to do so. Prescribes fees to be charged by the election division for particular products and services. Changes the manner in which a copy of a complaint is to be provided to members of the Indiana election commission. Specifies the term of a chairman of a county election board, circumstances under which the chairman is considered to have vacated the office, and the process for electing a member of the board to serve as chairman following a vacancy. Provides that a person must: (1) be at least 18 years of age at the next general, municipal, or special election; (2) be a United States citizen; and (3) reside in a precinct continuously before a general, municipal, or special election for at least 30 days; to register to vote in that precinct and may, upon making a proper application, register to vote in that precinct. Requires absentee activity reports and other election day reports to be provided by a certain time and provides exceptions. Requires the county voter registration official to take certain actions concerning potential nonresidential addresses not later than August 1 of each year. Provides that the county voter registration official may not enter a nonresidential address into the statewide voter registration system as a voter's registration address. Provides that the spouse of a service member may elect to use the same residence as the member. Requires a county voter registration office to conduct a voter list maintenance program within 48 hours of receiving certain information. Allows a county voter registration office to use, for purposes of voter list maintenance: (1) information received by the county voter registration office indicating that a voter has moved to another state; (2) the return of an absentee ballot sent by the county election board to a voter because of an unknown or insufficient address. Requires a county voter registration office that receives information indicating that a voter has moved to another state to mail a specified form to the voter. Specifies that a full-time employee of the department of homeland security who is prohibited from participating in political activities is disqualified from assuming or being a candidate for an elected office. Requires a write-in candidate for a school board office to file a declaration of intent to be a write-in candidate with the county election board. Provides, for purposes of stating a candidate's affiliation with a political party in a declaration of candidacy, that if a candidate cast a nonpartisan ballot at an election held at either of the two most recent primary elections in which the candidate voted, a certification by the county chairman is required. Provides that, under certain circumstances, a county election board is not required to compile: (1) the addresses of persons for whom declarations of candidacy have been filed; or (2) information concerning precinct committeemen or state convention delegates. Specifies that a circuit court clerk who is required to conduct a special election is not required to publish the address of a candidate. Requires candidates for school board office and their candidate's committees to file required instruments with the county election board. Requires the names of all: (1) candidates for presidential electors and alternate presidential electors; and (2) nominees for President and Vice President of the United States; to be certified to the election division not later than noon September 1 before the general election. (Current law requires certification not later than noon on the second Tuesday in September before the general election.) Allows the county election board, by unanimous vote of the board's entire membership, to use bound materials instead of a paper envelope or bag in certain circumstances. Requires a voter registration application or absentee ballot application requested through electronic mail by a voter with print disabilities to be provided by electronic mail. (Current law permits providing these documents by fax or mail in certain circumstances.) Allows an individual to submit: (1) a replacement ballot statement request; and (2) a written replacement ballot request; by electronic mail. Repeals a provision that prohibits a voter from: (1) taking a digital image or photograph of the voter's ballot while in a polling place, except in specified circumstances; and (2) distributing or sharing the image using social media or by any other means. Requires that a voter entitled to cast an absentee ballot before an absentee voter board mark the voter's political party ballot selection on the electronic poll book instead of communicating the selection to the poll clerks. Permits a vendor to dispose of a voting system unit or an electronic poll book unit by transferring possession of the unit to a state or county historical society in Indiana. Specifies circumstances in which a candidate filing a petition for a recount or contest is liable for the expenses chargeable to another party. Provides that a petition for a recount or contest may not be filed earlier than noon 10 days after election day. Specifies, with regard to filling a candidate vacancy for a local office, that an authorization to fill vacancies given to a county chairman or a county committee expires at the time of the next election for precinct committeemen for the party with which the county chairman or county committee is affiliated. Provides that action to fill an early candidate vacancy must be taken not earlier than May 8 after the primary election if the vacancy exists on a general or municipal election ballot. Provides that if only one person seeks to fill a vacancy in a local office held by a major political party, a caucus vote is not required and the county chairman may select that person to fill the vacancy. Provides that certain state officers are liable to impeachment for crime, incapacity, or negligence in office. (Current law provides that these officers are liable to impeachment for any misdemeanor in office.) Specifies, for purposes of nepotism provisions, that the performance of certain duties of an absentee voter board, an absentee ballot counter, a provisional ballot counter, or an absentee ballot courier is not considered employment by a unit.

Establishes the Indiana-Ireland trade commission (commission) to advance bilateral trade and investment between Indiana and Ireland and other related matters. Specifies the membership of the commission and certain requirements for the operations of the commission. Requires the commission to provide an annual report of its activities. Provides for the expiration of the commission.

Requires particular candidates for selection for an appointment pro tempore to an office to: (1) comply with qualification requirements imposed on candidates for election to the office; and (2) if the individual is a candidate for selection by a caucus, be affiliated with the political party holding the caucus. Allows an individual or entity with authority to select a candidate for an appointment pro tempore to remove a candidate from consideration if the candidate does not meet these requirements. Specifies additional grounds on which certain county officers or a township executive may be charged and deprived of office following a hearing. Provides that if an accused party does not appear before the court, the court may proceed to hear and determine the accusation in the accused party's absence. Includes a member of the county executive, if the county does not contain a consolidated city, in a provision concerning the initiation of an action for removal of a county officer. Exempts a member of the county executive from a requirement concerning physical presence in the county officer's office. Provides that a city-county legislative body may declare the seat of a member vacant by a two-thirds vote if the member fails to perform the duties of the member's office.

Provides that a governmental entity may not substantially burden certain parental rights unless the burden, as applied to the parent and the child, is required to advance a compelling governmental interest and is the least restrictive means of advancing the governmental interest. Prohibits a governmental entity from: (1) advising, directing, or coercing a child to withhold certain information from the child's parent; or (2) denying a child's parent access to certain information. Allows a parent to bring an action against a governmental entity for certain violations and provides for certain relief. Specifies that the parent of a child does not have a right to access certain medical care on behalf of the child if the child does not have an affirmative right of access to the medical care.