2011 Indiana Code
TITLE 20. EDUCATION
ARTICLE 23. ORGANIZATION OF SCHOOL CORPORATIONS
CHAPTER 17. ELECTION OF MEMBERS OF THE GOVERNING BODY OF THE SCHOOL CITY OF MISHAWAKA

IC 20-23-17
Chapter 17. Election of Members of the Governing Body of the School City of Mishawaka

IC 20-23-17-1
Application of chapter
Sec. 1. This chapter applies to a school corporation:
(1) located in a city that has a population of more than forty-six thousand five hundred (46,500) but less than fifty thousand eight hundred (50,800); and
(2) for which a referendum has been held:
(A) as required by statute; and
(B) in which a majority of the votes cast approves choosing the members of the governing body as provided in this chapter.
As added by P.L.179-2011, SEC.30.

IC 20-23-17-2
Applicability of other laws
Sec. 2. IC 20-23-8 does not apply to a school corporation or the governing body of a school corporation governed by this chapter.
As added by P.L.179-2011, SEC.30.

IC 20-23-17-3
Governing body; members elected and appointed; petition of nomination; time for filing
Sec. 3. (a) The governing body of the school corporation consists of five (5) members chosen as follows:
(1) Three (3) members shall be elected by the voters of the school corporation at a general election to be held in the county and every four (4) years thereafter.
(2) One (1) member shall be appointed by the city executive.
(3) One (1) member shall be appointed by the city legislative body.
(b) The members elected under subsection (a)(1) shall be elected as follows:
(1) On a nonpartisan basis.
(2) In a general election held in the county.
(3) By the registered voters of the entire school corporation.
(c) The following apply to an election of members of the governing body of the school corporation under subsection (a)(1):
(1) Each candidate must file a petition of nomination with the circuit court clerk not later than seventy-four (74) days before the election at which members are to be elected. The petition of nomination must include the following information:
(A) The name of the candidate.
(B) A certification that the candidate meets the qualifications for candidacy imposed by this chapter.
(2) Only eligible voters residing in the school corporation may vote for a candidate seeking election. As added by P.L.179-2011, SEC.30.

IC 20-23-17-4
Term of office
Sec. 4. The term of each individual chosen to serve on the governing body is four (4) years, beginning January 1 following the individual's election or appointment.
As added by P.L.179-2011, SEC.30.

IC 20-23-17-5
Members represent interests of entire school corporation
Sec. 5. Upon assuming office and in conducting the business of the governing body, a member shall represent the interests of the entire school corporation.
As added by P.L.179-2011, SEC.30.

IC 20-23-17-6
Vacancies
Sec. 6. (a) A vacancy in the office of an elected member of the governing body shall be filled temporarily by the city legislative body as soon as practicable after the vacancy occurs.
(b) A vacancy in the office of an appointed member of the governing body of the school corporation shall be filled by the appointing authority that appointed the member whose office is vacant.
(c) An individual filling a vacancy under this section serves until the expiration of the term of the member whose position the individual fills.
As added by P.L.179-2011, SEC.30.

IC 20-23-17-7
Statement filed with state superintendent; requirements
Sec. 7. (a) Before August 1 of each year, the school corporation shall file with the state superintendent the following information:
(1) A list containing the names and addresses of each member of the governing body and the date of the expiration of each member's term of office.
(2) A list containing the names and addresses of each of the school corporation's officers and the date of the expiration of each officer's term of office.
(b) The school corporation shall notify the state superintendent of any change in the information previously filed under subsection (a) not later than thirty (30) days after the change occurs.
As added by P.L.179-2011, SEC.30.

IC 20-23-17-8
Schedule of election and appointment of members
Sec. 8. (a) This section applies if the voters of the school corporation approve choosing the members of the governing body under this chapter in a referendum described in section 1 of this

chapter.
(b) This subsection applies to the appointed member of the governing body whose term expires December 31, 2011. Before December 31, 2011, the city legislative body shall appoint the successor of this member for a term that expires January 1, 2013. The successors of the member appointed under this subsection shall:
(1) be elected at the 2012 general election and every four (4) years thereafter as provided in section 3(a)(1) of this chapter; and
(2) take office as provided in section 4 of this chapter.
(c) This subsection applies to the appointed member of the governing body whose term expires December 31, 2012. The successors of the member described in this subsection shall:
(1) be elected at the 2012 general election and every four (4) years thereafter as provided in section 3(a)(1) of this chapter; and
(2) take office as provided in section 4 of this chapter.
(d) This subsection applies to the appointed member of the governing body whose term expires December 31, 2013. The successors of this member shall be appointed by the city legislative body as provided in section 3(a)(3) of this chapter and take office as provided in section 4 of this chapter.
(e) The appointed members of the governing body whose terms expire December 31, 2014, may serve as members of the governing body under this chapter for the remainder of their appointed terms. The successors of these members shall be chosen as follows:
(1) One (1) member shall:
(A) be elected at the 2014 general election and every four (4) years thereafter as provided in section 3(a)(1) of this chapter; and
(B) take office as provided in section 4 of this chapter.
(2) One (1) member shall be appointed by the city executive as provided in section 3(a)(2) of this chapter and take office as provided in section 4 of this chapter.
(f) On January 1, 2013, all powers, duties, and functions adhering to the appointed governing body of the school corporation in existence on December 31, 2012, are transferred to the governing body established by this chapter.
(g) On January 1, 2013, the property and records of the appointed governing body of the school corporation in existence on December 31, 2012, are transferred to the governing body established by this chapter.
As added by P.L.179-2011, SEC.30.