Terms Used In Indiana Code > Title 3 > Article 6 > Chapter 5 - County Election Boards

• account: refers to the Indiana housing first account established by section 7 of this chapter. See Indiana Code 5-20-9-1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means a parent, descendant, spouse, spouse of a descendant, brother, sister, spouse of a brother or sister, employee, director, officer, partner, limited liability company manager or member, joint venturer, a corporation subject to common control with the architect, engineer or construction manager, a shareholder or corporation who controls the architect, engineer or construction manager, or a corporation controlled by the architect, engineer, or construction manager. See Indiana Code 5-16-10-1
• agency: means the agency or other entity that administers the affordable housing program under this chapter. See Indiana Code 5-20-5-1
• Agent: shall include any board, commission, trustee, officer or agent which acts on behalf of a state agency. See Indiana Code 5-16-5.5-1
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• applicable public works statute: refers to whichever of the following statutes is applicable to public works projects of the public agency:

  Indiana Code 5-16-13-2

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Architect: means the person registered under IC 25-4-1. See Indiana Code 5-16-10-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assisted: means , with respect to a loan:

  Indiana Code 5-20-1-2

• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• authority: means the Indiana housing and community development authority created by IC 5-20-1-3. See Indiana Code 5-20-5-2
• authority: refers to the Indiana housing and community development authority created by IC 5-20-1-3. See Indiana Code 5-20-6-1
• authority: refers to the Indiana housing and community development authority created by IC 5-20-1-3. See Indiana Code 5-20-9-2
• Authority: means the Indiana housing and community development authority created by section 3 of this chapter. See Indiana Code 5-20-1-2
• Authority: refers to the Indiana housing and community development authority created by IC 5-20-1-3. See Indiana Code 5-20-2-2
• authority: refers to the Indiana housing and community development authority established under IC 5-20-1. See Indiana Code 5-20-4-3
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Bonds: means the revenue bonds authorized to be issued under this chapter and includes notes and any and all other limited obligations of a county or municipality payable as provided in this chapter. See Indiana Code 5-20-2-2
• borrower: means any county, any incorporated city or town, any special taxing district, any regional sewer or water district, all other political units now existing or hereafter created, and any not-for-profit corporation eligible for federal or state grants. See Indiana Code 5-19-1.5-1
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• clerk: has the meaning set forth in IC 36-1-2-4. See Indiana Code 5-16-11-1
• common construction wage statute: refers to the following:

  Indiana Code 5-16-7.1-1

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction loan: means a loan to provide interim financing for the acquisition or construction of single family residential housing, including land development. See Indiana Code 5-20-1-2
• Construction manager: means a person designated as a construction manager by contract who provides professional management services, which contribute to the control of time and the cost and quality of a public construction project, and who performs those services concurrent with architectural and engineering services rendered during the design and construction phases of a construction project. See Indiana Code 5-16-10-1
• consultant: means an individual who, under a contract with the state or a political subdivision, does either of the following for the state or the political subdivision:

  Indiana Code 5-16-11-2

• Contract: A legal written agreement that becomes binding when signed.
• contracting agency: refers to the agency, board, commission, officer, or trustee that enters into a public works contract covered by this article. See Indiana Code 5-16-12.2-1
• Contractor: shall mean any person, firm, limited liability company, or corporation who is party to a contract with a state agency to construct, erect, alter or repair any public building or is any way involved in public work or public improvement. See Indiana Code 5-16-5.5-1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• developers: means corporations, associations, partnerships, limited liability companies, or other entities and consumer housing cooperatives organized pursuant to law for the primary purpose of providing housing to low and moderate income persons and families. See Indiana Code 5-20-1-2
• disadvantaged business enterprise: means a minority business enterprise as defined in Indiana Code 5-16-6.5-1
• eligible entity: refers to a city, town, or county. See Indiana Code 5-20-5-3
• energy efficient technology: refers to any of the following:

  Indiana Code 5-16-12.2-2

• Engineer: means the person registered under IC 25-31-1. See Indiana Code 5-16-10-1
• entity: refers to a person that:

  Indiana Code 5-16-11-3.5

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Escrowed income: shall mean the value of all property held in an escrow account over the escrowed principal in such account. See Indiana Code 5-16-5.5-1
• Escrowed principal: shall mean the value of all cash and securities or other property at the time placed in an escrow account. See Indiana Code 5-16-5.5-1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• families: has the meaning set forth in 42 U. See Indiana Code 5-20-5-4
• families: has the meaning set forth in 42 U. See Indiana Code 5-20-4-2
• families of low and moderate income: has the meaning set forth in IC 5-20-1-2. See Indiana Code 5-20-3-1
• Fiduciary: A trustee, executor, or administrator.
• fiscal body: has the meaning set forth in IC 36-1-2-6. See Indiana Code 5-16-11-4
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• fund: refers to the affordable housing and community development fund established by section 7 of this chapter. See Indiana Code 5-20-4-4
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing body: means the legislative body of the borrower. See Indiana Code 5-19-1.5-1
• Governmental agency: means any department, division, public agency, political subdivision, or other public instrumentality of the state of Indiana, the federal government, any other state or public agency, or any two (2) or more thereof. See Indiana Code 5-20-1-2
• governor: shall mean the governor of the state of Indiana. See Indiana Code 5-19-1-4
• grant: means any moneys to be received from the United States government or any of its agencies, or the state of Indiana, or any of its agencies, intended to be used for the construction of facilities for any waterworks systems or facilities for sewage works system, or the construction or improvement of any other public works which the borrower may lawfully undertake as to which a grant has been made by the granting agency. See Indiana Code 5-19-1.5-1
• Grantor: The person who establishes a trust and places property into it.
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• Home: means real property and improvements thereon constructed for human habitation, located within the county or municipality, consisting of not more than four (4) units, and owned by one (1) mortgagor who occupies or intends to occupy one (1) of such units. See Indiana Code 5-20-2-2
• Home mortgage: means an interest bearing loan for not to exceed thirty (30) years to a mortgagor for the purpose of purchasing or improving a home, evidenced by a promissory note and secured by a mortgage on this home, but shall not include a loan primarily for the purpose of refinancing an existing loan. See Indiana Code 5-20-2-2
• housing crisis: means a situation in which an individual or a household does not have sufficient resources or support networks immediately available to maintain safe and affordable housing or to prevent the individual or household from requiring emergency housing. See Indiana Code 5-20-9-4
• housing project: means any work or undertaking to provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for families of low and moderate income, including:

  Indiana Code 5-20-3-2

• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land development: means the process of acquiring land primarily for residential housing construction for persons and families of low and moderate income and making, installing, or constructing nonresidential housing improvements, including water, sewer, and other utilities, roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and other installations or works, whether on or off the site, which the authority deems necessary or desirable to prepare such land primarily for residential housing construction. See Indiana Code 5-20-1-2
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lending institution: means any bank, trust company, savings bank, national banking association, savings association, mortgage banker, or other financing institution or governmental agency which customarily provides service or otherwise aids in the financing of mortgages on single family residential housing or multifamily residential housing, which institution, for a county, is located in that county, and for a municipality is located in the county in which the municipality is located, or any holding company for any of the foregoing. See Indiana Code 5-20-2-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• lower income families: has the meaning set forth in IC 5-20-4-5. See Indiana Code 5-20-5-6
• Lower tier contractor: includes each person that has a contract with a tier 3 contractor or lower tier contractor to perform some part of the work on, supply some of the materials for, or supply a service for, a public works project. See Indiana Code 5-16-13-4
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage lender: means a bank, trust company, savings bank, savings association, credit union, national banking association, federal savings association or federal credit union maintaining an office in this state, a public utility (as defined in IC 8-1-2-1), a gas utility system organized under Indiana Code 5-20-1-2
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• mortgage loan: means a loan to provide permanent financing for:

  Indiana Code 5-20-1-2

• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Mortgagor: means an individual, or two (2) or more individuals acting together, who have received a home mortgage under this chapter. See Indiana Code 5-20-2-2
• Municipality: means a city or town. See Indiana Code 5-20-2-2
• mutual housing association: refers to a corporation established under section 4 of this chapter. See Indiana Code 5-20-3-3
• notes: means the bonds or notes authorized to be issued by the authority under this chapter. See Indiana Code 5-20-1-2
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligations: means any bonds or notes authorized to be issued by the authority under this chapter. See Indiana Code 5-20-1-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes a natural person, firm, limited liability company, or corporation. See Indiana Code 5-16-5-0.4
• Person: means a natural person, a partnership, a limited liability company, or a corporation. See Indiana Code 5-16-10-1
• person: means any person, firm, corporation, limited liability company, governmental agency, or lending institution. See Indiana Code 5-19-1.5-1
• Persons and families of low and moderate income: means persons and families of insufficient personal or family income to afford adequate housing as determined by the standards established by the authority, and in determining such standards the authority shall take into account the following:

  Indiana Code 5-20-1-2

• Plaintiff: The person who files the complaint in a civil lawsuit.
• political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 5-16-11-5
• political subdivision: shall mean and include any county of Indiana, any civil township of Indiana, any civil incorporated city or town of Indiana, any school corporation of any township, city, or town of Indiana, or any other territorial subdivision of the state recognized or designated in any law, any public utility entity not privately owned, any public sewage disposal entity, any public flood control or levee district or entity, any public drainage district or entity, any public sanitary district or entity, and any public improvement district authority or entity authorized to levy taxes or assessments. See Indiana Code 5-19-1-4
• Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Probate: Proving a will
• professional services: means those services that are:

  Indiana Code 5-16-11.1-2

• program: refers to the Indiana housing first program established by section 6 of this chapter. See Indiana Code 5-20-9-5
• project: means the facilities, public works or undertaking for which the grant is made applicable. See Indiana Code 5-19-1.5-1
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• public agency: includes the following:

  Indiana Code 5-16-6.5-2

• public agency: has the meaning set forth in IC 5-30-1-11. See Indiana Code 5-16-7.2-3
• public agency: includes a:

  Indiana Code 5-16-11.1-3

• public agency: has the meaning set forth in IC 5-30-1-11. See Indiana Code 5-16-13-5
• public agency: has the meaning set forth in IC 5-30-1-11. See Indiana Code 5-16-15-4
• public body: refers to a board, commission, trustee, officer, or agent acting on behalf of the state or a commission created by law. See Indiana Code 5-16-5-0.5
• Public construction project: means the construction, remodeling, rehabilitation, or repair of any building or other facility of a unit of local government, whether the building or facility is owned by the unit or leased by the unit with an option to purchase under IC 36-1-10 or any other law. See Indiana Code 5-16-10-1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• public work: refers to the construction, erection, alteration, or repair of a public building, public improvement, or other public work, the cost of which is paid for by funds derived from taxation. See Indiana Code 5-16-5-0.6
• public works project: refers to a construction project governed by an applicable statute. See Indiana Code 5-16-13-6
• public works project: refers to a construction project governed by an applicable public works statute. See Indiana Code 5-16-15-5
• purchaser: as used in this chapter includes persons who make leases for equipment. See Indiana Code 5-17-1-1
• Quorum: The number of legislators that must be present to do business.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recording officer: means the clerk or clerk-treasurer of a county or municipality. See Indiana Code 5-20-2-2
• Residential housing: means a specific work or improvement undertaken primarily to provide single or multiple family housing for rental or sale to persons and families of low and moderate income, including the acquisition, construction, or rehabilitation of lands, buildings, and improvements to the housing, and such other nonhousing facilities as may be incidental or appurtenant to the housing. See Indiana Code 5-20-1-2
• Retainage: means any amount to be withheld from any payment to a contractor or subcontractor pursuant to the terms of a contract until the occurrence of a specified event. See Indiana Code 5-16-5.5-1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• state: shall mean and include the state of Indiana, the governor of the state of Indiana, any agency of the state of Indiana designated by the governor to receive federal aid, and any officer, board, bureau, commission, division, or department. See Indiana Code 5-19-1-4
• State: means the state of Indiana. See Indiana Code 5-20-1-2
• State agency: means the state of Indiana or any commission or agency created by law. See Indiana Code 5-16-5.5-1
• Statute: A law passed by a legislature.
• Subcontractor: shall mean and include any person, firm, limited liability company, or corporation who is a party to a contract with the contractor and who furnishes and performs on-site labor on any public building, work or improvement. See Indiana Code 5-16-5.5-1
• Subpoena: A command to a witness to appear and give testimony.
• Substantial completion: shall be construed to mean the date when the construction of a structure or building is sufficiently completed, in accordance with the plans and specifications, as modified by any completed change orders agreed to by the parties, so that the state agency can occupy the structure or building for the use for which it was intended. See Indiana Code 5-16-5.5-1
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Unit of local government: includes any county, city, town, township, and any other political subdivision, commission, or agency created under law. See Indiana Code 5-16-10-1
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• very low income families: means families whose income does not exceed fifty percent (50%) of the median for the area. See Indiana Code 5-20-4-6
• veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
• women-owned business enterprise: means a business that is at least fifty-one percent (51%) owned and controlled (as defined in Indiana Code 5-16-6.5-3
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5