CHAPTER 15. ELECTION OF GOVERNING BODY MEMBERS IN SOUTH BEND
IC 20-23-15
Chapter 15. Election of Governing Body Members in South Bend
IC 20-23-15-1
"County"
Sec. 1. As used in this chapter, "county" means the county inwhich the school corporation is located.
As added by P.L.1-2005, SEC.7.
IC 20-23-15-2
"School corporation"
Sec. 2. As used in this chapter, "school corporation" means aschool corporation that:
(1) is located in a county having a population of:
(A) more than three hundred thousand (300,000) but lessthan four hundred thousand (400,000); or
(B) more than two hundred thousand (200,000) but less thanthree hundred thousand (300,000); and
(2) has at least twenty thousand (20,000) students.
As added by P.L.1-2005, SEC.7.
IC 20-23-15-3
Referendum
Sec. 3. (a) A school corporation shall hold a referendum at thefirst primary election after this chapter becomes applicable to theschool corporation in which the registered voters who reside withinthe boundaries of the school corporation are entitled to vote as towhether the school corporation shall elect the members of thegoverning body of the school corporation under sections 6 through11 of this chapter.
(b) The referendum shall be held under the direction of the countyelection board, which shall take all steps necessary to carry out thereferendum.
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2009, SEC.121.
IC 20-23-15-4
Notice of referendum
Sec. 4. (a) The circuit court clerk of the county shall providenotice of the referendum to the registered voters who reside withinthe boundaries of the school corporation:
(1) at least one (1) time;
(2) in at least one (1) newspaper of general circulation that ispublished in the county; and
(3) not earlier than March 15 or later than April 15 of the yearin which the referendum is held.
(b) The notice published under subsection (a) must:
(1) state that the referendum is called to afford the registeredvoters an opportunity to vote on whether members of thegoverning body will be elected;
(2) state that the referendum will be held at the next primary
election to be held on the first Tuesday after the first Mondayin May;
(3) state that the referendum will be held on a nonpartisan basisand that all registered voters residing within the boundaries ofthe (insert the name of school corporation) may vote in thereferendum; and
(4) designate that the voting place or places at which thereferendum will be held must be those that are:
(A) used for the next primary election; and
(B) located within the boundaries of the (insert the name ofschool corporation).
(c) The referendum question must be placed on the ballot in theform prescribed by IC 3-10-9-4 and must state:
"Shall the members of the board of school trustees of the (insertthe name of school corporation) be elected in the generalelection from five (5) districts and from two (2) at-largepositions in the school corporation?".
As added by P.L.1-2005, SEC.7.
IC 20-23-15-5
Tally of votes
Sec. 5. (a) Each precinct election board shall count the affirmativevotes and the negative votes cast in the referendum and shall certifythose two (2) totals to the county election board.
(b) The clerk of the circuit court of the county shall, immediatelyafter the votes cast in the referendum have been counted, certify theresults to the state board.
(c) If a majority of the votes cast in the referendum favors theelection of the members of the governing body, sections 6 through 11of this chapter concerning the manner in which the members of thegoverning body shall be elected apply.
As added by P.L.1-2005, SEC.7.
IC 20-23-15-6
School corporation governing body; election; district and at-largeelections
Sec. 6. (a) The governing body of the school corporation consistsof seven (7) members who shall be elected:
(1) on a nonpartisan basis; and
(2) in the general election held in the county.
(b) Five (5) of the members shall be elected from the schooldistricts in which the members reside as established under section 7of this chapter.
(c) Two (2) of the members shall be elected at large.
As added by P.L.1-2005, SEC.7.
IC 20-23-15-7
Establishment of districts
Sec. 7. The state board shall, before July 1 immediately followingthe referendum, establish the school districts for the election of the
members of the governing body under section 6(b) of this chapter asfollows:
(1) The districts shall be drawn on the basis of precinct lines.
(2) The districts must be, as nearly as practicable, of equalpopulation, with the population of the largest district not toexceed the population of the smallest district by more than fivepercent (5%).
(3) The district lines must not cross precinct lines.
As added by P.L.1-2005, SEC.7.
IC 20-23-15-8
Candidates for district positions on governing bodies; eligiblevoters
Sec. 8. If a candidate runs for one (1) of the district positions onthe governing body, as provided under section 6(b) of this chapter,the following apply:
(1) An individual who runs for one (1) of the district positionson the governing body must reside within that district.
(2) Upon filing an intention to run under this chapter, thecandidate must specify that the candidate is running for adistrict position.
(3) Only eligible voters residing in the candidate's district mayvote for the candidate.
(4) The candidate who receives the greatest number of votes ofall candidates for the position wins.
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.320.
IC 20-23-15-9
Candidates for at-large positions; eligible voters
Sec. 9. If a candidate runs for one (1) of the at-large positions onthe governing body, as provided under section 6(c) of this chapter,the following apply:
(1) An individual who runs for one (1) of the at-large positionson the governing body must reside within the boundaries of theschool corporation.
(2) Upon filing an intention to run under this chapter, thecandidate must specify that the candidate is running for anat-large position.
(3) Eligible voters from all districts may vote for the candidate.
(4) The two (2) candidates who receive the greatest number ofvotes win.
As added by P.L.1-2005, SEC.7.
IC 20-23-15-10
Balloting procedures
Sec. 10. The state board shall establish:
(1) balloting procedures for the election under the statutesgoverning elections; and
(2) all other procedures required to implement this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-15-11
Term of office
Sec. 11. (a) Except as otherwise provided in this section, a personelected to serve on the governing body:
(1) begins the person's term on January 1 of the year followingthe person's election; and
(2) serves a four (4) year term.
(b) The two (2) members of the governing body who were lastselected under the selection process in effect for the schoolcorporation before a referendum is held under this chapter shall serveas at-large members through December 31 of the year in which thesecond general election is held to elect members of the governingbody under this chapter. However, if this subsection applies to morethan two (2) members, the circuit court judge for the county shallselect two (2) of these members to serve as at-large members throughDecember 31 of the year in which the second general election is heldto elect members of the governing body under this chapter.
(c) The terms of all other members of the governing body whowere selected to serve on the governing body before a referendum isheld under this chapter expire December 31 of the year in which thereferendum is held.
(d) In the initial general election held to elect members of thegoverning body under this chapter, five (5) of the members shall beelected by voters from their districts as follows:
(1) Three (3) of the members elected shall serve for four (4)year terms.
(2) Two (2) of the members elected shall serve for two (2) yearterms.
(e) In the second general election held to elect members of thegoverning body under this chapter, four (4) of the members shall beelected as follows:
(1) Two (2) of the members shall be elected by voters from theirdistrict and shall serve four (4) year terms.
(2) Two (2) of the members shall be elected at large and shallserve four (4) year terms.
As added by P.L.1-2005, SEC.7.
IC 20-23-15-12
Vacancies
Sec. 12. (a) A vacancy on the governing body must be filledtemporarily by the governing body as soon as practicable after thevacancy occurs.
(b) A member chosen by the governing body to fill a vacancyholds office for the remainder of the unexpired term and shall bechosen from the same district as the vacating member if the vacatingmember held a district position.
As added by P.L.1-2005, SEC.7.