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 in
which 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 a
school corporation that:
(1) is located in a county having a population of:
(A) more than three hundred thousand (300,000) but less
than four hundred thousand (400,000); or
(B) more than two hundred thousand (200,000) but less than
three 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 the
first primary election after this chapter becomes applicable to the
school corporation in which the registered voters who reside within
the boundaries of the school corporation are entitled to vote as to
whether the school corporation shall elect the members of the
governing body of the school corporation under sections 6 through
11 of this chapter.
(b) The referendum shall be held under the direction of the county
election board, which shall take all steps necessary to carry out the
referendum.
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 provide
notice of the referendum to the registered voters who reside within
the boundaries of the school corporation:
(1) at least one (1) time;
(2) in at least one (1) newspaper of general circulation that is
published in the county; and
(3) not earlier than March 15 or later than April 15 of the year
in which the referendum is held.
(b) The notice published under subsection (a) must:
(1) state that the referendum is called to afford the registered
voters an opportunity to vote on whether members of the
governing 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 Monday
in May;
(3) state that the referendum will be held on a nonpartisan basis
and that all registered voters residing within the boundaries of
the (insert the name of school corporation) may vote in the
referendum; and
(4) designate that the voting place or places at which the
referendum 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 of
school corporation).
(c) The referendum question must be placed on the ballot in the
form prescribed by IC 3-10-9-4 and must state:
"Shall the members of the board of school trustees of the (insert
the name of school corporation) be elected in the general
election from five (5) districts and from two (2) at-large
positions 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 affirmative
votes and the negative votes cast in the referendum and shall certify
those two (2) totals to the county election board.
(b) The clerk of the circuit court of the county shall, immediately
after the votes cast in the referendum have been counted, certify the
results to the state board.
(c) If a majority of the votes cast in the referendum favors the
election of the members of the governing body, sections 6 through 11
of this chapter concerning the manner in which the members of the
governing 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-large
elections
Sec. 6. (a) The governing body of the school corporation consists
of 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 school
districts in which the members reside as established under section 7
of 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 following
the referendum, establish the school districts for the election of the
members of the governing body under section 6(b) of this chapter as
follows:
(1) The districts shall be drawn on the basis of precinct lines.
(2) The districts must be, as nearly as practicable, of equal
population, with the population of the largest district not to
exceed the population of the smallest district by more than five
percent (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; eligible
voters
Sec. 8. If a candidate runs for one (1) of the district positions on
the 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 positions
on the governing body must reside within that district.
(2) Upon filing an intention to run under this chapter, the
candidate must specify that the candidate is running for a
district position.
(3) Only eligible voters residing in the candidate's district may
vote for the candidate.
(4) The candidate who receives the greatest number of votes of
all 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 on
the 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 positions
on the governing body must reside within the boundaries of the
school corporation.
(2) Upon filing an intention to run under this chapter, the
candidate must specify that the candidate is running for an
at-large position.
(3) Eligible voters from all districts may vote for the candidate.
(4) The two (2) candidates who receive the greatest number of
votes 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 statutes
governing 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 person
elected to serve on the governing body:
(1) begins the person's term on January 1 of the year following
the person's election; and
(2) serves a four (4) year term.
(b) The two (2) members of the governing body who were last
selected under the selection process in effect for the school
corporation before a referendum is held under this chapter shall serve
as at-large members through December 31 of the year in which the
second general election is held to elect members of the governing
body under this chapter. However, if this subsection applies to more
than two (2) members, the circuit court judge for the county shall
select two (2) of these members to serve as at-large members through
December 31 of the year in which the second general election is held
to elect members of the governing body under this chapter.
(c) The terms of all other members of the governing body who
were selected to serve on the governing body before a referendum is
held under this chapter expire December 31 of the year in which the
referendum is held.
(d) In the initial general election held to elect members of the
governing body under this chapter, five (5) of the members shall be
elected 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) year
terms.
(e) In the second general election held to elect members of the
governing body under this chapter, four (4) of the members shall be
elected as follows:
(1) Two (2) of the members shall be elected by voters from their
district and shall serve four (4) year terms.
(2) Two (2) of the members shall be elected at large and shall
serve 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 filled
temporarily by the governing body as soon as practicable after the
vacancy occurs.
(b) A member chosen by the governing body to fill a vacancy
holds office for the remainder of the unexpired term and shall be
chosen from the same district as the vacating member if the vacating
member held a district position.
As added by P.L.1-2005, SEC.7.