Indiana 2023 Regular Session

Indiana Senate Bill SB0188 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 188
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-8; IC 20-23; IC 20-25-3-4; IC 20-26-4;
7	7	IC 33-33-53-5.
8	8	Synopsis: School corporation governing bodies. Provides that for
9	9	school board offices, each candidate's affiliation with a political party
10	10	or status as an independent candidate must be stated on the ballot.
11	11	Standardizes language relating to what events cause a vacancy on the
12	12	governing body of a school corporation and the method by which a
13	13	vacancy is filled. Repeals superseded statutes.
14	14	Effective: July 1, 2023.
15	15	Sandlin
16	16	January 9, 2023, read first time and referred to Committee on Elections.
17	17	2023 IN 188—LS 7006/DI 75 Introduced
18	18	First Regular Session of the 123rd General Assembly (2023)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2022 Regular Session of the General Assembly.
28	28	SENATE BILL No. 188
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	elections.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 3-8-2.5-2.5, AS AMENDED BY P.L.169-2015,
33	33	2 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2023]: Sec. 2.5. (a) A petition of nomination for a school
35	35	4 board office must state all of the following:
36	36	5 (1) The name of each candidate as:
37	37	6 (A) the candidate wants the candidate's name to appear on the
38	38	7 ballot; and
39	39	8 (B) the candidate's name is permitted to appear on the ballot
40	40	9 under IC 3-5-7.
41	41	10 (2) The address of each candidate, including the mailing address,
42	42	11 if different from the residence address of the candidate.
43	43	12 (3) The school board office that each candidate seeks.
44	44	13 (4) That each petitioner is a qualified registered voter and desires
45	45	14 to be able to vote for the candidates listed on the petition.
46	46	15 (5) The candidate's political party affiliation or, if the
47	47	16 candidate does not identify with a political party, that the
48	48	17 candidate is an independent candidate. Unless the candidate's
49	49	2023 IN 188—LS 7006/DI 75 2
50	50	1 political party affiliation is challenged under section 7 of this
51	51	2 chapter, the candidate's political party affiliation stated on
52	52	3 the petition shall be indicated on the ballot in the manner
53	53	4 determined by the county election board.
54	54	5 (b) The petition of nomination must be accompanied by the
55	55	6 following:
56	56	7 (1) The candidate's written consent to become a candidate.
57	57	8 (2) A statement that the candidate:
58	58	9 (A) is aware of the provisions of IC 3-9 regarding campaign
59	59	10 finance and the reporting of campaign contributions and
60	60	11 expenditures; and
61	61	12 (B) agrees to comply with the provisions of IC 3-9 referred to
62	62	13 in clause (A).
63	63	14 (3) A statement by the candidate that the candidate is aware of the
64	64	15 requirement to file a campaign finance statement of organization
65	65	16 under IC 3-9 after the first of either of the following occurs:
66	66	17 (A) The candidate receives more than five hundred dollars
67	67	18 ($500) in contributions.
68	68	19 (B) The candidate makes more than five hundred dollars
69	69	20 ($500) in expenditures.
70	70	21 (4) A statement indicating whether or not each candidate:
71	71	22 (A) has been a candidate for state, legislative, local, or school
72	72	23 board office in a previous primary, municipal, special, or
73	73	24 general election; and
74	74	25 (B) has filed all reports required by IC 3-9-5-10 for all
75	75	26 previous candidacies.
76	76	27 (5) A statement that each candidate is legally qualified to hold the
77	77	28 office that the candidate seeks, including any applicable residency
78	78	29 requirements and restrictions on service due to a criminal
79	79	30 conviction.
80	80	31 (6) Any statement of economic interests required under IC 3-8-9.
81	81	32 (7) The certification of the county chairman, if required under
82	82	33 subsection (c).
83	83	34 (c) If a candidate claims affiliation with a major political party
84	84	35 under subsection (a)(5), the candidate must have voted in the two
85	85	36 (2) most recent primary elections in Indiana held by the party with
86	86	37 which the candidate claims affiliation. The petition must provide
87	87	38 a place for the candidate to affirm the candidate's primary election
88	88	39 participation if the candidate claims affiliation with a major
89	89	40 political party. If the candidate did not vote in the two (2) most
90	90	41 recent primary elections in Indiana held by the party with which
91	91	42 the candidate claims affiliation, the county chairman of:
92	92	2023 IN 188—LS 7006/DI 75 3
93	93	1 (1) the political party with which the candidate claims
94	94	2 affiliation; and
95	95	3 (2) the county in which the candidate resides;
96	96	4 must certify in writing that the candidate is a member of the
97	97	5 political party for the candidate's claimed affiliation to be valid.
98	98	6 The petition of nomination must inform candidates how political
99	99	7 party affiliation is determined under this subsection.
100	100	8 SECTION 2. IC 3-8-2.5-7, AS ADDED BY P.L.194-2013,
101	101	9 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
102	102	10 JULY 1, 2023]: Sec. 7. (a) A person may not be selected as a candidate
103	103	11 by petition of nomination without giving written consent and having it
104	104	12 filed with the public official with whom certificates and petitions of
105	105	13 nomination are required to be filed.
106	106	14 (b) Each candidate nominated by petition of nomination for a school
107	107	15 board office must satisfy all statutory eligibility requirements for the
108	108	16 office for which the candidate is nominated, including the filing of
109	109	17 statements of economic interest.
110	110	18 (c) A statement questioning the validity of a petition of nomination
111	111	19 or contesting the denial of certification under section 6 of this chapter
112	112	20 must be filed with the county election board in accordance with
113	113	21 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
114	114	22 the general election. A question regarding the validity of a petition of
115	115	23 nomination or the denial of certification shall be referred to and
116	116	24 determined by the county election board not later than noon fifty-four
117	117	25 (54) days before the date of the general election.
118	118	26 (d) A statement concerning the validity of a declaration of intent to
119	119	27 be a write-in candidate for a school board office under section 4 of this
120	120	28 chapter must be filed with the county election board in accordance with
121	121	29 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
122	122	30 the general election. A question regarding the validity of a declaration
123	123	31 of intent to be a write-in candidate for a school board office shall be
124	124	32 referred to and determined by the county election board not later than
125	125	33 noon fifty-four (54) days before the date of the general election.
126	126	34 (e) If a candidate's petition states that the candidate is affiliated
127	127	35 with a major political party, that statement may be challenged
128	128	36 under this section. A challenge under this subsection succeeds only
129	129	37 if the challenger shows both of the following:
130	130	38 (1) The candidate did not vote in the two (2) most recent
131	131	39 primary elections in Indiana held by the party with which the
132	132	40 candidate claims affiliation.
133	133	41 (2) The county chairman of:
134	134	42 (A) the political party with which the candidate claims
135	135	2023 IN 188—LS 7006/DI 75 4
136	136	1 affiliation; and
137	137	2 (B) the county in which the candidate resides;
138	138	3 did not certify that the candidate is a member of the political
139	139	4 party with which the candidate claims affiliation. If the
140	140	5 candidate produces a copy of the certification of the county
141	141	6 chairman of the political party with which the candidate
142	142	7 claims affiliation at the time the candidate filed the petition,
143	143	8 the claim of a challenger under this subdivision is conclusively
144	144	9 rebutted.
145	145	10 (f) Unless a challenger shows under subsection (e) that a
146	146	11 candidate is not affiliated with the major political party with which
147	147	12 the candidate claims affiliation, the candidate's claimed political
148	148	13 party affiliation shall be indicated on the ballot as required by
149	149	14 section 2.5(a)(5) of this chapter.
150	150	15 (g) A candidate's claimed political party affiliation with a party
151	151	16 other than a major political party is not subject to challenge under
152	152	17 this section.
153	153	18 SECTION 3. IC 3-8-9-5, AS AMENDED BY P.L.278-2019,
154	154	19 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
155	155	20 JULY 1, 2023]: Sec. 5. An individual required to file a statement under
156	156	21 section 4 of this chapter shall file the statement as follows:
157	157	22 (1) With the individual's:
158	158	23 (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
159	159	24 (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
160	160	25 office described in IC 3-8-2-5 in a county with a separate
161	161	26 board of registration under IC 3-7-12 after certification by the
162	162	27 board of registration;
163	163	28 (C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an
164	164	29 office described in IC 3-8-2-5 in a county that does not have a
165	165	30 separate board of registration under IC 3-7-12;
166	166	31 (D) petition of nomination under IC 3-8-6 for an office
167	167	32 described in IC 3-8-2-5 after certification by the county voter
168	168	33 registration office;
169	169	34 (E) certificate of nomination under IC 3-10-2-15 or
170	170	35 IC 3-10-6-12;
171	171	36 (F) statement consenting to be a replacement candidate under
172	172	37 IC 3-8-6-17;
173	173	38 (G) declaration of intent to be a write-in candidate under
174	174	39 IC 3-8-2-2.5; or
175	175	40 (H) certificate of candidate selection under IC 3-13-1 or
176	176	41 IC 3-13-2.
177	177	42 (2) When the individual assumes a vacant elected office under
178	178	2023 IN 188—LS 7006/DI 75 5
179	179	1 IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-11, or
180	180	2 IC 20-23-4-30. IC 20-26-4-4.7. A statement filed under this
181	181	3 subdivision must be filed not later than noon sixty (60) days after
182	182	4 the individual assumes the elected office.
183	183	5 SECTION 4. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
184	184	6 SECTION 102, IS AMENDED TO READ AS FOLLOWS
185	185	7 [EFFECTIVE JULY 1, 2023]: Sec. 30. (a) This section applies to each
186	186	8 school corporation.
187	187	9 (b) If a tie vote occurs among any of the candidates, the tie vote
188	188	10 shall be resolved under IC 3-12-9-4.
189	189	11 (c) If after the first governing body takes office, fewer candidates
190	190	12 have been elected to the school board than there were members to be
191	191	13 elected, the governing body shall determine not later than noon
192	192	14 December 31 following the election which incumbent member or
193	193	15 members continue to hold office under Article 15, Section 3 of the
194	194	16 Constitution of the State of Indiana until a successor is elected and
195	195	17 qualified. However, if there is a vacancy on the governing body,
196	196	18 whether the vacating member was elected or appointed, the remaining
197	197	19 members of the governing body, whether or not a majority of the
198	198	20 governing body, shall by a majority vote fill the vacancy by appointing
199	199	21 a person from within the boundaries of the community school
200	200	22 corporation to serve for the term or balance of the term. An individual
201	201	23 appointed under this subsection must possess the qualifications
202	202	24 provided for a regularly elected or appointed governing body member
203	203	25 filling the office. If:
204	204	26 (1) a tie vote occurs among the members of the governing body
205	205	27 under this subsection or IC 3-12-9-4; or
206	206	28 (2) the governing body fails to act within thirty (30) days after any
207	207	29 vacancy occurs;
208	208	30 the judge of the circuit court in the county where the majority of
209	209	31 registered voters of the school corporation reside shall make the
210	210	32 appointment.
211	211	33 (d) A vacancy in the governing body occurs if a member ceases to
212	212	34 be a resident of any community school corporation. A vacancy does not
213	213	35 occur when the member moves from a district of the school corporation
214	214	36 from which the member was elected or appointed if the member
215	215	37 continues to be a resident of the school corporation.
216	216	38 (e) (c) At the first general election in which members of the
217	217	39 governing body are elected:
218	218	40 (1) a simple majority of the candidates elected as members of the
219	219	41 governing body who receive the greatest number of votes shall be
220	220	42 elected for four (4) year terms; and
221	221	2023 IN 188—LS 7006/DI 75 6
222	222	1 (2) the balance of the candidates elected as members of the
223	223	2 governing body receiving the next greatest number of votes shall
224	224	3 be elected for two (2) year terms.
225	225	4 Thereafter, all school board members shall be elected for four (4) year
226	226	5 terms.
227	227	6 (f) (d) Elected governing body members take office and assume
228	228	7 their duties on the date set in the school corporation's organization plan.
229	229	8 The date set in the organization plan for an elected member of the
230	230	9 governing body to take office may not be more than fourteen (14)
231	231	10 months after the date of the member's election. If the school
232	232	11 corporation's organization plan does not set a date for an elected
233	233	12 member of the governing body to take office, the member takes office
234	234	13 January 1 immediately after the member's election.
235	235	14 (e) A vacancy in the governing body of a school corporation
236	236	15 occurs, and shall be filled, as provided in IC 20-26-4-4.7.
237	237	16 SECTION 5. IC 20-23-4-35, AS AMENDED BY P.L.169-2022,
238	238	17 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
239	239	18 JULY 1, 2023]: Sec. 35. (a) The governing body of a school
240	240	19 corporation may be organized under this section.
241	241	20 (b) The governing body consists of seven (7) members, elected as
242	242	21 follows:
243	243	22 (1) Four (4) members elected from districts, with one (1) member
244	244	23 serving from each election district. A member elected under this
245	245	24 subdivision must be:
246	246	25 (A) a resident of the election district from which the member
247	247	26 is elected; and
248	248	27 (B) voted upon by only the registered voters residing within
249	249	28 the election district and voting at a governing body election.
250	250	29 (2) Three (3) members, who are voted upon by all the registered
251	251	30 voters residing within the school corporation and voting at a
252	252	31 governing body election, elected under this subdivision. The
253	253	32 governing body shall establish three (3) residential districts as
254	254	33 follows:
255	255	34 (A) One (1) residential district must be the township that has
256	256	35 the greatest population within the school corporation.
257	257	36 (B) Two (2) residential districts must divide the remaining
258	258	37 area within the school corporation.
259	259	38 Only one (1) member who resides within a particular residential
260	260	39 district established under this subdivision may serve on the
261	261	40 governing body at a time.
262	262	41 (c) A member of the governing body who is:
263	263	42 (1) elected from an election or a residential district; or
264	264	2023 IN 188—LS 7006/DI 75 7
265	265	1 (2) appointed to fill a vacancy from an election or a residential
266	266	2 district;
267	267	3 must reside within the boundaries of the district the member represents.
268	268	4 (d) A vacancy on the governing body shall be filled by the
269	269	5 governing body as soon as practicable after the vacancy occurs. A
270	270	6 member chosen by the governing body to fill a vacancy holds office for
271	271	7 the remainder of the unexpired term.
272	272	8 (c) A vacancy in the governing body of a school corporation
273	273	9 occurs, and shall be filled, as provided in IC 20-26-4-4.7.
274	274	10 (e) (d) The members of the governing body serving at the time a
275	275	11 plan is amended under this section shall establish the election and
276	276	12 residential districts described in subsection (b).
277	277	13 (f) (e) The election districts described in subsection (b)(1):
278	278	14 (1) shall be drawn on the basis of precinct lines;
279	279	15 (2) may not cross precinct lines; and
280	280	16 (3) as nearly as practicable, be of equal population, with the
281	281	17 population of the largest exceeding the population of the smallest
282	282	18 by not more than fifteen percent (15%).
283	283	19 (g) (f) The residential districts described in subsection (b)(2) may:
284	284	20 (1) be drawn in any manner considered appropriate by the
285	285	21 governing body; and
286	286	22 (2) be drawn along township lines.
287	287	23 (h) (g) The governing body shall certify the districts that are
288	288	24 established under subsections (e) and (f), and (g), amended under
289	289	25 subsection (e), (d), or recertified under section 35.5 of this chapter to:
290	290	26 (1) the state board; and
291	291	27 (2) the circuit court clerk of each county in which the school
292	292	28 corporation is located as provided in section 35.5 of this chapter.
293	293	29 (i) (h) The governing body shall designate:
294	294	30 (1) three (3) of the districts established under this section to be
295	295	31 elected at the first school board election that occurs after the
296	296	32 effective date of the plan; and
297	297	33 (2) the remaining four (4) districts to be elected at the second
298	298	34 school board election that occurs after the effective date of the
299	299	35 plan.
300	300	36 (j) (i) The limitations set forth in this section are part of the plan, but
301	301	37 do not have to be specifically set forth in the plan. The plan must be
302	302	38 construed, if possible, to comply with this chapter. If a provision of the
303	303	39 plan or an application of the plan violates this chapter, the invalidity
304	304	40 does not affect the other provisions or applications of the plan that can
305	305	41 be given effect without the invalid provision or application. The
306	306	42 provisions of the plan are severable.
307	307	2023 IN 188—LS 7006/DI 75 8
308	308	1 (k) (j) IC 3-5-10 applies to a plan established under this section.
309	309	2 SECTION 6. IC 20-23-4-35.5, AS ADDED BY P.L.271-2013,
310	310	3 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
311	311	4 JULY 1, 2023]: Sec. 35.5. (a) Not later than December 31, 2013, the
312	312	5 governing body shall do the following:
313	313	6 (1) Send a copy of the school corporation's plan to the circuit
314	314	7 court clerk of each county in which the school corporation is
315	315	8 located.
316	316	9 (2) If any members of the governing body are elected from
317	317	10 election districts voted upon by only the registered voters residing
318	318	11 within the election district, certify that the election districts
319	319	12 comply with section 35(f) 35(e) and 35(g) 35(f) of this chapter.
320	320	13 (b) This subsection applies during the first year after a year in which
321	321	14 a federal decennial census is conducted. The governing body shall
322	322	15 amend the plan under section 35(e) 35(d) of this chapter if an
323	323	16 amendment is necessary to reestablish the districts in compliance with
324	324	17 section 35(f) 35(e) and 35(g) 35(f) of this chapter. If the governing
325	325	18 body determines that a plan amendment under section 35(e) 35(d) of
326	326	19 this chapter is not required, the governing body shall recertify that the
327	327	20 districts as established comply with section 35(f) 35(e) and 35(g) 35(f)
328	328	21 of this chapter.
329	329	22 (c) Each time the school corporation's plan is amended, the
330	330	23 governing body shall file the following with the circuit court clerk of
331	331	24 each county in which the school corporation is located:
332	332	25 (1) A copy of the amendment.
333	333	26 (2) Either of the following:
334	334	27 (A) A certification that the plan amendment does not require
335	335	28 reestablishment of the school corporation's election districts to
336	336	29 comply with section 35(f) 35(e) and 35(g) 35(f) of this
337	337	30 chapter.
338	338	31 (B) If the plan amendment requires reestablishment of the
339	339	32 school corporation's election districts to comply with section
340	340	33 35(f) 35(e) and 35(g) 35(f) of this chapter, a map of the new
341	341	34 district boundaries.
342	342	35 (d) A plan amendment or recertification under this section must be
343	343	36 filed not later than thirty (30) days after the amendment or
344	344	37 recertification occurs.
345	345	38 SECTION 7. IC 20-23-4-44, AS AMENDED BY P.L.104-2022,
346	346	39 SECTION 120, IS AMENDED TO READ AS FOLLOWS
347	347	40 [EFFECTIVE JULY 1, 2023]: Sec. 44. (a) This section applies only to
348	348	41 a school corporation with territory in a county having a population of
349	349	42 more than one hundred eighty-five thousand (185,000) and less than
350	350	2023 IN 188—LS 7006/DI 75 9
351	351	1 two hundred thousand (200,000).
352	352	2 (b) This section applies if there is a
353	353	3 (1) tie vote in an election for a member of the governing body of
354	354	4 a school corporation. or
355	355	5 (2) vacancy on the governing body of a school corporation.
356	356	6 (c) Notwithstanding any other law, if a tie vote occurs among any of
357	357	7 the candidates for the governing body, or a vacancy occurs on the
358	358	8 governing body, the remaining members of the governing body, even
359	359	9 if the remaining members do not constitute a majority of the governing
360	360	10 body, shall by a majority vote of the remaining members
361	361	11 (1) select one (1) of the candidates who shall be declared and
362	362	12 certified elected. or
363	363	13 (2) fill the vacancy by appointing an individual to fill the vacancy.
364	364	14 (d) An individual appointed to fill a vacancy under subsection
365	365	15 (c)(2):
366	366	16 (1) must satisfy all the qualifications required of a member of the
367	367	17 governing body; and
368	368	18 (2) shall fill the remainder of the unexpired term of the vacating
369	369	19 member.
370	370	20 (e) (d) If a tie vote occurs among the remaining members of the
371	371	21 governing body or the governing body fails to act within thirty (30)
372	372	22 days after the election, or the vacancy occurs, the fiscal body (as
373	373	23 defined in IC 3-5-2-25) of the township in which the greatest
374	374	24 percentage of population of the school district resides shall break the
375	375	25 tie. or make the appointment. A member of the fiscal body who was a
376	376	26 candidate and is involved in a tie vote may not cast a vote under this
377	377	27 subsection.
378	378	28 (f) (e) If the fiscal body of a township is required to act under this
379	379	29 section and a vote in the fiscal body results in a tie, the deciding vote
380	380	30 to break the tie vote shall be cast by the executive.
381	381	31 (f) A vacancy in the governing body of a school corporation
382	382	32 occurs, and shall be filled, as provided in IC 20-26-4-4.7.
383	383	33 SECTION 8. IC 20-23-6-8, AS AMENDED BY P.L.140-2018,
384	384	34 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
385	385	35 JULY 1, 2023]: Sec. 8. (a) Consolidated schools are under the control
386	386	36 and management of the consolidated governing body created under this
387	387	37 chapter, and a new consolidated school corporation comes into
388	388	38 existence:
389	389	39 (1) at the time specified in the resolutions provided in section 3,
390	390	40 4, 5.5, or 12.5 of this chapter; or
391	391	41 (2) if a time is not specified, at the following times:
392	392	42 (A) If a protest has not been filed and the creation is
393	393	2023 IN 188—LS 7006/DI 75 10
394	394	1 accomplished by the adoption of a joint resolution following
395	395	2 publication of notice as provided in section 3 or 5.5 of this
396	396	3 chapter, thirty (30) days after the adoption of the joint
397	397	4 resolution.
398	398	5 (B) If the creation is accomplished after an election as
399	399	6 provided in section 6 of this chapter, thirty (30) days after the
400	400	7 election.
401	401	8 (b) The members of the governing body shall:
402	402	9 (1) take an oath to faithfully discharge the duties of office; and
403	403	10 (2) meet at least five (5) days before the time the new
404	404	11 consolidated school corporation comes into existence to organize.
405	405	12 (c) The governing body shall meet to reorganize at the time
406	406	13 provided in IC 20-26-4-1(b). At the organization or reorganization
407	407	14 meeting, the members of the governing body shall elect the following:
408	408	15 (1) A president.
409	409	16 (2) A secretary.
410	410	17 (3) A treasurer.
411	411	18 (d) The treasurer, before starting the duties of the treasurer's office,
412	412	19 shall execute a bond to the acceptance of the county auditor. The fee
413	413	20 for the bond shall be paid from the operations fund of the consolidated
414	414	21 school corporation. Any vacancy occurring in the membership in any
415	415	22 governing body shall be filled in the manner provided in IC 20-26-4-4.
416	416	23 A vacancy in the governing body of a school corporation occurs,
417	417	24 and shall be filled, as provided in IC 20-26-4-4.7.
418	418	25 (e) The members of the governing body shall receive compensation
419	419	26 in the manner provided in IC 20-26-4-7.
420	420	27 (f) The governing body of a consolidated school corporation may
421	421	28 elect and appoint personnel it considers necessary.
422	422	29 SECTION 9. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
423	423	30 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
424	424	31 JULY 1, 2023]: Sec. 8.1. (a) The registered voters of the metropolitan
425	425	32 school district shall elect the members of the metropolitan board of
426	426	33 education at general elections held biennially, beginning with the next
427	427	34 general election that is held more than sixty (60) days after the creation
428	428	35 of the metropolitan school district as provided in this chapter.
429	429	36 (b) Each nominee for the board must file a petition of nomination
430	430	37 signed by the nominee and by ten (10) registered voters residing in the
431	431	38 same board member district as the nominee. The petition must be filed
432	432	39 in accordance with IC 3-8-2.5 with the circuit court clerk of each
433	433	40 county in which the metropolitan school district is located.
434	434	41 (c) Nominees for the board shall be listed on the general election
435	435	42 ballot:
436	436	2023 IN 188—LS 7006/DI 75 11
437	437	1 (1) in the form prescribed by IC 3-11-2;
438	438	2 (2) by board member districts; and
439	439	3 (3) without party designation.
440	440	4 The ballot must state the number of board members to be voted on and
441	441	5 the maximum number of members that may be elected from each board
442	442	6 member district as provided under section 5 of this chapter. A ballot
443	443	7 that contains more votes than the maximum number allowed from a
444	444	8 board member district is invalid.
445	445	9 (d) The precinct election boards in each county serving at the
446	446	10 general election shall conduct the election for school board members.
447	447	11 (e) Voting and tabulation of votes shall be conducted in accordance
448	448	12 with IC 3, and the candidates who receive the most votes are elected to
449	449	13 the board.
450	450	14 (f) If there are more candidates from a particular board member
451	451	15 district than may be elected from the board member district under
452	452	16 section 5 of this chapter:
453	453	17 (1) the number of candidates elected is the greatest number that
454	454	18 may be elected from the board member district;
455	455	19 (2) the candidates elected are those who, among the candidates
456	456	20 from the board member district, receive the most votes; and
457	457	21 (3) the other candidates from the board member district are
458	458	22 eliminated.
459	459	23 (g) If there is a tie vote among the candidates for the board, the
460	460	24 judge of the circuit court in the county where the majority of the
461	461	25 registered voters of the metropolitan school district reside shall select
462	462	26 one (1) of the candidates who shall be declared and certified elected.
463	463	27 (h) If, at any time after the first board member election, a vacancy
464	464	28 on the board occurs for any reason, including an insufficient number of
465	465	29 petitions for candidates being filed, and regardless of whether the
466	466	30 vacating member was elected or appointed, the remaining members of
467	467	31 the board, whether or not a majority of the board, shall by a majority
468	468	32 vote fill the vacancy by:
469	469	33 (1) appointing a person from the board member district from
470	470	34 which the person who vacated the board was elected; or
471	471	35 (2) if the person was appointed, appointing a person from the
472	472	36 board member district from which the last elected predecessor of
473	473	37 the person was elected.
474	474	38 If a majority of the remaining members of the board is unable to agree
475	475	39 or the board fails to act within thirty (30) days after a vacancy occurs,
476	476	40 the judge of the circuit court in the county where the majority of
477	477	41 registered voters of the metropolitan school district reside shall make
478	478	42 the appointment.
479	479	2023 IN 188—LS 7006/DI 75 12
480	480	1 (i) At a general election held on the earlier of:
481	481	2 (1) more than sixty (60) days after an elected board member
482	482	3 vacates membership on the board; or
483	483	4 (2) immediately before the end of the term for which the vacating
484	484	5 member was elected;
485	485	6 a successor to a board member appointed under subsection (h) shall be
486	486	7 elected. Unless the successor takes office at the end of the term of the
487	487	8 vacating member, the member shall serve only for the balance of the
488	488	9 vacating member's term. In an election for a successor board member
489	489	10 to fill a vacancy for a two (2) year balance of a term, candidates for
490	490	11 board membership need not file for or with reference to the vacancy.
491	491	12 However, as required by IC 3-11-2, candidates for at-large seats must
492	492	13 be distinguished on the ballot from candidates for district seats. If there
493	493	14 is more than one (1) at-large seat on the ballot due to this vacancy, the
494	494	15 elected candidate who receives the fewest votes at the election at which
495	495	16 the successor is elected shall serve for a two (2) year term.
496	496	17 (j) (h) At the first general election where members of the board are
497	497	18 elected under this section, the elected candidates who constitute a
498	498	19 simple majority of the elected candidates and who receive the most
499	499	20 votes shall be elected for four (4) year terms, and the other elected
500	500	21 candidates shall be elected for two (2) year terms.
501	501	22 (k) (i) Board members shall be elected for four (4) year terms after
502	502	23 the first election and shall take office on the date set in the school
503	503	24 corporation's organization plan. The date set in the organization plan
504	504	25 for an elected member of the governing body to take office may not be
505	505	26 more than fourteen (14) months after the date of the member's election.
506	506	27 If the school corporation's organization plan does not set a date for an
507	507	28 elected member of the governing body to take office, the member takes
508	508	29 office January 1 immediately following the member's election.
509	509	30 (j) A vacancy in the governing body of a school corporation
510	510	31 occurs, and shall be filled, as provided in IC 20-26-4-4.7.
511	511	32 SECTION 10. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
512	512	33 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
513	513	34 JULY 1, 2023]: Sec. 8. (a) The board members of a merged school
514	514	35 corporation shall be elected at the first general election following the
515	515	36 merged school corporation's creation. and vacancies shall be filled in
516	516	37 accordance with IC 20-23-4-30.
517	517	38 (b) Until the first election under subsection (a), the board of trustees
518	518	39 of the merged school corporation consists of the members of the
519	519	40 governing body of a school corporation in the county.
520	520	41 (c) The first board of trustees shall select the name of the merged
521	521	42 school corporation by a majority vote. The name may be changed by
522	522	2023 IN 188—LS 7006/DI 75 13
523	523	1 unanimous vote of the governing body of the merged school
524	524	2 corporation.
525	525	3 (d) A vacancy in the governing body of a merged school
526	526	4 corporation occurs, and shall be filled, as provided in
527	527	5 IC 20-26-4-4.7.
528	528	6 SECTION 11. IC 20-23-12-3, AS AMENDED BY
529	529	7 P.L.213-2018(ss), SECTION 16, IS AMENDED TO READ AS
530	530	8 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The emergency
531	531	9 manager appointed by the distressed unit appeal board under
532	532	10 IC 6-1.1-20.3 shall act as the governing body of the school corporation
533	533	11 and has the powers set forth in IC 6-1.1-20.3-8.5, including the powers
534	534	12 and duties of the governing body of the school corporation. The school
535	535	13 corporation shall also have an advisory board that consists of seven (7)
536	536	14 members elected as follows:
537	537	15 (1) On a nonpartisan basis.
538	538	16 (2) under IC 3 in a general election in the county. The advisory
539	539	17 board is created to provide nonbinding recommendations to the
540	540	18 emergency manager.
541	541	19 (b) Six (6) of the members shall be elected from the school districts
542	542	20 drawn under section 4 of this chapter. Each member:
543	543	21 (1) is elected from the school district in which the member
544	544	22 resides; and
545	545	23 (2) upon election and in conducting the business of the advisory
546	546	24 board, represents the interests of the entire school corporation.
547	547	25 (c) One (1) of the members elected:
548	548	26 (1) is the at-large member of the advisory board;
549	549	27 (2) may reside in any of the districts drawn under section 4 of this
550	550	28 chapter; and
551	551	29 (3) upon election and in conducting the business of the advisory
552	552	30 board, represents the interests of the entire school corporation.
553	553	31 (d) A per diem may not be paid to a member.
554	554	32 (e) The advisory board may hold a public meeting subject to the
555	555	33 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
556	556	34 advisory board is subject to IC 5-14-1.5 (the open door law) for these
557	557	35 meetings. The advisory board may hold additional meetings that are
558	558	36 authorized as executive sessions under IC 5-14-1.5 (the open door law)
559	559	37 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
560	560	38 public notice requirements of IC 5-14-1.5 (the open door law) for these
561	561	39 additional meetings. The records of the advisory board are subject to
562	562	40 IC 5-14-3 (access to public records).
563	563	41 SECTION 12. IC 20-23-12-10 IS REPEALED [EFFECTIVE JULY
564	564	42 1, 2023]. Sec. 10. (a) A vacancy on the advisory board is created when:
565	565	2023 IN 188—LS 7006/DI 75 14
566	566	1 (1) a member:
567	567	2 (A) dies;
568	568	3 (B) resigns from the advisory board;
569	569	4 (C) ceases to be a resident of the school corporation;
570	570	5 (D) fails to attend, except for reason of chronic illness, six (6)
571	571	6 regularly scheduled meetings of the advisory board in any
572	572	7 twelve (12) month period; or
573	573	8 (E) ceases to be a resident of the school district in which the
574	574	9 member was elected; or
575	575	10 (2) a vacancy is created under any other law.
576	576	11 (b) The advisory board shall temporarily fill a vacancy on the
577	577	12 advisory board as soon as practicable after the vacancy occurs.
578	578	13 SECTION 13. IC 20-23-12-10.1 IS ADDED TO THE INDIANA
579	579	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
580	580	15 [EFFECTIVE JULY 1, 2023]: Sec. 10.1. A vacancy on the advisory
581	581	16 board occurs, and shall be filled, as provided in IC 20-26-4-4.7.
582	582	17 SECTION 14. IC 20-23-14-3, AS AMENDED BY P.L.271-2013,
583	583	18 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
584	584	19 JULY 1, 2023]: Sec. 3. (a) The governing body of the school
585	585	20 corporation consists of five (5) members elected on a nonpartisan basis.
586	586	21 as provided in IC 3.
587	587	22 (b) Three (3) of the members are elected from the school districts
588	588	23 referred to in section 4.5 of this chapter by eligible voters residing in
589	589	24 the school districts. Each member:
590	590	25 (1) is elected from the school district in which the member
591	591	26 resides; and
592	592	27 (2) upon election and in conducting the business of the governing
593	593	28 body, represents the interests of the entire school corporation.
594	594	29 (c) Two (2) of the members:
595	595	30 (1) are elected by eligible voters residing in the school
596	596	31 corporation;
597	597	32 (2) are at-large members of the governing body; and
598	598	33 (3) upon election and in conducting the business of the governing
599	599	34 body, represent the interests of the entire school corporation.
600	600	35 SECTION 15. IC 20-23-14-10 IS REPEALED [EFFECTIVE JULY
601	601	36 1, 2023]. Sec. 10. The governing body shall temporarily fill a vacancy
602	602	37 on the governing body as soon as practicable after the vacancy occurs.
603	603	38 The member chosen must reside in the same district as the vacating
604	604	39 member. A member chosen by the governing body to fill a vacancy
605	605	40 holds office for the remainder of the unexpired term.
606	606	41 SECTION 16. IC 20-23-14-10.1 IS ADDED TO THE INDIANA
607	607	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
608	608	2023 IN 188—LS 7006/DI 75 15
609	609	1 [EFFECTIVE JULY 1, 2023]: Sec. 10.1. A vacancy in the governing
610	610	2 body occurs, and shall be filled, as provided in IC 20-26-4-4.7.
611	611	3 SECTION 17. IC 20-23-15-6, AS ADDED BY P.L.1-2005,
612	612	4 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
613	613	5 JULY 1, 2023]: Sec. 6. (a) The governing body of the school
614	614	6 corporation consists of seven (7) members who shall be elected
615	615	7 (1) on a nonpartisan basis; and
616	616	8 (2) under IC 3 in the general election held in the county.
617	617	9 (b) Five (5) of the members shall be elected from the school districts
618	618	10 in which the members reside as established under section 7 of this
619	619	11 chapter.
620	620	12 (c) Two (2) of the members shall be elected at large.
621	621	13 SECTION 18. IC 20-23-15-12 IS REPEALED [EFFECTIVE JULY
622	622	14 1, 2023]. Sec. 12. (a) A vacancy on the governing body must be filled
623	623	15 temporarily by the governing body as soon as practicable after the
624	624	16 vacancy occurs.
625	625	17 (b) A member chosen by the governing body to fill a vacancy holds
626	626	18 office for the remainder of the unexpired term and shall be chosen from
627	627	19 the same district as the vacating member if the vacating member held
628	628	20 a district position.
629	629	21 SECTION 19. IC 20-23-15-12.1 IS ADDED TO THE INDIANA
630	630	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
631	631	23 [EFFECTIVE JULY 1, 2023]: Sec. 12.1. A vacancy in the governing
632	632	24 body occurs, and shall be filled, as provided in IC 20-26-4-4.7.
633	633	25 SECTION 20. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
634	634	26 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
635	635	27 JULY 1, 2023]: Sec. 3. (a) The governing body of the school
636	636	28 corporation consists of five (5) members chosen as follows:
637	637	29 (1) Three (3) members shall be elected by the voters of the school
638	638	30 corporation at a general election to be held in the county and
639	639	31 every four (4) years thereafter.
640	640	32 (2) One (1) member shall be appointed by the city executive.
641	641	33 (3) One (1) member shall be appointed by the city legislative
642	642	34 body.
643	643	35 (b) The members elected under subsection (a)(1) shall be elected as
644	644	36 follows:
645	645	37 (1) On a nonpartisan basis.
646	646	38 (2) under IC 3 in a general election held in the county
647	647	39 (3) by the registered voters of the entire school corporation.
648	648	40 (c) The following apply to an election of members of the governing
649	649	41 body of the school corporation under subsection (a)(1):
650	650	42 (1) Each candidate must file a petition of nomination with the
651	651	2023 IN 188—LS 7006/DI 75 16
652	652	1 circuit court clerk not earlier than one hundred four (104) days
653	653	2 and not later than seventy-four (74) days before the election at
654	654	3 which members are to be elected. The petition of nomination must
655	655	4 include the following information:
656	656	5 (A) The name of the candidate.
657	657	6 (B) A certification that the candidate meets the qualifications
658	658	7 for candidacy imposed by this chapter.
659	659	8 (2) Only eligible voters residing in the school corporation may
660	660	9 vote for a candidate seeking election.
661	661	10 SECTION 21. IC 20-23-17-6 IS REPEALED [EFFECTIVE JULY
662	662	11 1, 2023]. Sec. 6. (a) A vacancy in the office of an elected member of
663	663	12 the governing body shall be filled temporarily by the city legislative
664	664	13 body as soon as practicable after the vacancy occurs.
665	665	14 (b) A vacancy in the office of an appointed member of the
666	666	15 governing body of the school corporation shall be filled by the
667	667	16 appointing authority that appointed the member whose office is vacant.
668	668	17 (c) An individual filling a vacancy under this section serves until the
669	669	18 expiration of the term of the member whose position the individual
670	670	19 fills.
671	671	20 SECTION 22. IC 20-23-17-6.1 IS ADDED TO THE INDIANA
672	672	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
673	673	22 [EFFECTIVE JULY 1, 2023]: Sec. 6.1. A vacancy in the governing
674	674	23 body occurs, and shall be filled, as provided in IC 20-26-4-4.7.
675	675	24 SECTION 23. IC 20-23-17.2-3.1, AS AMENDED BY
676	676	25 P.L.193-2021, SECTION 106, IS AMENDED TO READ AS
677	677	26 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3.1. (a) The governing
678	678	27 body of the school corporation consists of five (5) members, elected as
679	679	28 provided in this chapter.
680	680	29 (b) Three (3) members shall be elected as follows:
681	681	30 (1) From districts established as provided in section 4.1 of this
682	682	31 chapter.
683	683	32 (2) On a nonpartisan basis.
684	684	33 (3) (2) Under IC 3 at the general election held in the county in
685	685	34 2022 and every four (4) years thereafter.
686	686	35 (c) Two (2) members shall be elected as follows:
687	687	36 (1) At large by all the voters of the school corporation.
688	688	37 (2) On a nonpartisan basis.
689	689	38 (3) (2) Under IC 3 at the general election held in the county in
690	690	39 2024 and every four (4) years thereafter.
691	691	40 (d) The term of office of a member of the governing body:
692	692	41 (1) is four (4) years; and
693	693	42 (2) begins January 1 after the election of members of the
694	694	2023 IN 188—LS 7006/DI 75 17
695	695	1 governing body.
696	696	2 (e) Upon assuming office and in conducting the business of the
697	697	3 governing body, a member shall represent the interests of the entire
698	698	4 school corporation.
699	699	5 SECTION 24. IC 20-23-17.2-10 IS REPEALED [EFFECTIVE
700	700	6 JULY 1, 2023]. Sec. 10. A vacancy in the office of a member of the
701	701	7 governing body of the school corporation shall be filled temporarily by
702	702	8 the governing body as soon as practicable after the vacancy occurs. An
703	703	9 individual filling a vacancy under this section serves until the
704	704	10 expiration of the term of the member whose position the individual
705	705	11 fills.
706	706	12 SECTION 25. IC 20-23-17.2-10.1 IS ADDED TO THE INDIANA
707	707	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
708	708	14 [EFFECTIVE JULY 1, 2023]: Sec. 10.1. A vacancy in the governing
709	709	15 body occurs, and shall be filled, as provided in IC 20-26-4-4.7.
710	710	16 SECTION 26. IC 20-25-3-4, AS AMENDED BY P.L.169-2022,
711	711	17 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
712	712	18 JULY 1, 2023]: Sec. 4. (a) The board consists of seven (7) members.
713	713	19 A member:
714	714	20 (1) must be elected on a nonpartisan basis under IC 3 in general
715	715	21 elections held in the county as specified in this section; and
716	716	22 (2) serves a four (4) year term.
717	717	23 (b) Five (5) members shall be elected from the school board districts
718	718	24 in which the members reside, and two (2) members must be elected at
719	719	25 large.
720	720	26 (c) If a candidate runs for one (1) of the district positions on the
721	721	27 board, only eligible voters residing in the candidate's district may vote
722	722	28 for that candidate. If a person is a candidate for one (1) of the at-large
723	723	29 positions, eligible voters from all the districts may vote for that
724	724	30 candidate.
725	725	31 (d) If a candidate files to run for a position on the board, the
726	726	32 candidate must specify whether the candidate is running for a district
727	727	33 or an at-large position.
728	728	34 (e) A candidate who runs for a district or an at-large position wins
729	729	35 if the candidate receives the greatest number of votes of all the
730	730	36 candidates for the position.
731	731	37 (f) Districts shall be established within the school city by the board
732	732	38 of school commissioners. The districts must be drawn on the basis of
733	733	39 precinct lines, and as nearly as practicable, of equal population with the
734	734	40 population of the largest district not to exceed the population of the
735	735	41 smallest district by more than five percent (5%). District lines must not
736	736	42 cross precinct lines. The board of school commissioners shall establish:
737	737	2023 IN 188—LS 7006/DI 75 18
738	738	1 (1) balloting procedures for the election under IC 3; and
739	739	2 (2) other procedures required to implement this section.
740	740	3 (g) A member of the board serves under section 3 of this chapter.
741	741	4 (h) In accordance with subsection (k), a vacancy in the board shall
742	742	5 be filled temporarily by the board as soon as practicable after the
743	743	6 vacancy occurs. The member chosen by the board to fill a vacancy
744	744	7 holds office until the member's successor is elected and qualified. The
745	745	8 successor shall be elected at the next regular school board election
746	746	9 occurring after the date on which the vacancy occurs. The successor
747	747	10 fills the vacancy for the remainder of the term.
748	748	11 (h) A vacancy in the governing body occurs, and shall be filled,
749	749	12 as provided in IC 20-26-4-4.7.
750	750	13 (i) An individual elected to serve on the board begins the
751	751	14 individual's term on the date set in the school corporation's organization
752	752	15 plan. The date set in the organization plan for an elected member of the
753	753	16 board to take office may not be more than fourteen (14) months after
754	754	17 the date of the member's election. If the school corporation's
755	755	18 organization plan does not set a date for a member of the board to take
756	756	19 office, the member takes office January 1 immediately following the
757	757	20 individual's election.
758	758	21 (j) Notwithstanding any law to the contrary, each voter must cast a
759	759	22 vote for a school board candidate or school board candidates by voting
760	760	23 system or paper ballot. However, the same method used to cast votes
761	761	24 for all other offices for which candidates have qualified to be on the
762	762	25 election ballot must be used for the board offices.
763	763	26 (k) If a vacancy in the board exists because of the death of a
764	764	27 member, the remaining members of the board shall meet and select an
765	765	28 individual to fill the vacancy in accordance with subsection (h) after
766	766	29 the secretary of the board receives notice of the death under IC 5-8-6.
767	767	30 SECTION 27. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
768	768	31 SECTION 107, IS AMENDED TO READ AS FOLLOWS
769	769	32 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) If fewer candidates have been
770	770	33 elected to the school board than there were members to be elected, the
771	771	34 governing body shall determine not later than noon December 31
772	772	35 following the election which incumbent member or members continue
773	773	36 to hold office under Article 15, Section 3 of the Constitution of the
774	774	37 State of Indiana until a successor is elected and qualified. However, if
775	775	38 a vacancy in the membership of a governing body occurs, whether the
776	776	39 vacancy was of an elected or appointed member, the remaining
777	777	40 members of the governing body shall by majority vote fill the vacancy
778	778	41 by appointing a person from within the boundaries of the school
779	779	42 corporation, with the residence and other qualifications provided for a
780	780	2023 IN 188—LS 7006/DI 75 19
781	781	1 regularly elected or appointed board member filling the membership,
782	782	2 to serve for the term or the balance of the term. However, this
783	783	3 subsection does not apply to a vacancy:
784	784	4 (1) of a member who serves on a governing body in an ex officio
785	785	5 capacity; or
786	786	6 (2) a vacancy in an appointed board membership if a plan,
787	787	7 resolution, or law under which the school corporation operates
788	788	8 specifically provides for filling vacancies by the appointing
789	789	9 authority.
790	790	10 (b) A vacancy in the governing body occurs, and shall be filled,
791	791	11 as provided in section 4.7 of this chapter.
792	792	12 SECTION 28. IC 20-26-4-4.5 IS REPEALED [EFFECTIVE JULY
793	793	13 1, 2023]. Sec. 4.5. (a) The definitions in IC 3-5-2 apply to this section.
794	794	14 (b) If a vacancy in a school board office exists because of the death
795	795	15 of a school board member, the remaining members of the governing
796	796	16 body shall meet and select an individual to fill the vacancy after the
797	797	17 secretary of the governing body receives notice of the death under
798	798	18 IC 5-8-6 and in accordance with section 4 of this chapter.
799	799	19 SECTION 29. IC 20-26-4-4.7 IS ADDED TO THE INDIANA
800	800	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
801	801	21 [EFFECTIVE JULY 1, 2023]: Sec. 4.7. (a) This section does not
802	802	22 apply to a vacancy:
803	803	23 (1) of a member who serves on a governing body in an ex
804	804	24 officio capacity; or
805	805	25 (2) in an appointed board membership if a plan, resolution, or
806	806	26 law under which the school corporation operates specifically
807	807	27 provides for filling of these vacancies by the appointing
808	808	28 authority.
809	809	29 (b) A vacancy in the governing body is created when any of the
810	810	30 following occurs:
811	811	31 (1) A member dies.
812	812	32 (2) A member resigns from the governing body.
813	813	33 (3) A member ceases to be a resident of the school
814	814	34 corporation.
815	815	35 (4) A member fails to attend, except for reason of chronic
816	816	36 illness:
817	817	37 (A) three (3) consecutive regularly scheduled meetings of
818	818	38 the governing body; or
819	819	39 (B) six (6) regularly scheduled meetings of the governing
820	820	40 body in any twelve (12) month period.
821	821	41 (5) A member ceases to be a resident of the election district
822	822	42 from which the member was elected.
823	823	2023 IN 188—LS 7006/DI 75 20
824	824	1 (6) A vacancy is created under any other law.
825	825	2 (c) The remaining members of the governing body shall meet
826	826	3 and select an individual to fill the vacancy in accordance with
827	827	4 section 4 of this chapter and after the secretary of the governing
828	828	5 body:
829	829	6 (1) receives notice of the death under IC 5-8-6, if a member
830	830	7 dies; or
831	831	8 (2) otherwise receives notice of the vacancy if the vacancy is
832	832	9 the result of a cause other than death.
833	833	10 (d) An individual selected to fill a vacancy must possess the
834	834	11 qualifications provided for a regularly elected or appointed
835	835	12 governing body member filling the office.
836	836	13 (e) An individual selected to fill a vacancy serves the remainder
837	837	14 of the term of the governing body member whom the individual
838	838	15 replaces.
839	839	16 SECTION 30. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
840	840	17 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
841	841	18 JULY 1, 2023]: Sec. 5. In accordance with rules adopted by the judges
842	842	19 of the court under section 6 of this chapter, the presiding judge shall do
843	843	20 the following:
844	844	21 (1) Ensure that the court operates efficiently and judicially under
845	845	22 rules adopted by the court.
846	846	23 (2) Annually submit to the fiscal body of Monroe County a budget
847	847	24 for the court, including amounts necessary for:
848	848	25 (A) the operation of the circuit's probation department;
849	849	26 (B) the defense of indigents; and
850	850	27 (C) maintaining an adequate law library.
851	851	28 (3) Make the appointments or selections required of a circuit or
852	852	29 superior court judge under the following statutes:
853	853	30 IC 8-4-21-2
854	854	31 IC 11-12-2-2
855	855	32 IC 16-22-2-4
856	856	33 IC 16-22-2-11
857	857	34 IC 16-22-7
858	858	35 IC 20-23-4
859	859	36 IC 20-23-7-6
860	860	37 IC 20-23-7-8.1
861	861	38 IC 20-26-7-8
862	862	39 IC 20-26-7-14
863	863	40 IC 20-47-2-15
864	864	41 IC 20-47-3-13
865	865	42 IC 36-9
866	866	2023 IN 188—LS 7006/DI 75 21
867	867	1 IC 36-10
868	868	2 IC 36-12-10-10.
869	869	3 (4) Make appointments or selections required of a circuit or
870	870	4 superior court judge by any other statute, if the appointment or
871	871	5 selection is not required of the court because of an action before
872	872	6 the court.
873	873	2023 IN 188—LS 7006/DI 75