2015 Indiana Code TITLE 20. EDUCATION ARTICLE 23. ORGANIZATION OF SCHOOL CORPORATIONS CHAPTER 14. ELECTION OF GOVERNING BODY MEMBERS IN LAKE STATION
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IC 20-23-14
Chapter 14. Election of Governing Body Members in Lake
Station
IC 20-23-14-1
Application of chapter
Sec. 1. This chapter applies to a school corporation for which a
referendum has been held:
(1) as required by statute; and
(2) in which a majority of the votes cast approves electing the
members of the governing body.
As added by P.L.1-2005, SEC.7.
IC 20-23-14-2
"School corporation"
Sec. 2. As used in this chapter, "school corporation" means a
school corporation that is located in a city having a population of
more than twelve thousand five hundred (12,500) but less than twelve
thousand seven hundred (12,700).
As added by P.L.1-2005, SEC.7. Amended by P.L.119-2012,
SEC.150.
IC 20-23-14-3
Governing body; members
Sec. 3. (a) The governing body of the school corporation consists
of five (5) members elected on a nonpartisan basis.
(b) Three (3) of the members are elected from the school districts
referred to in section 4.5 of this chapter by eligible voters residing in
the school districts. Each member:
(1) is elected from the school district in which the member
resides; and
(2) upon election and in conducting the business of the
governing body, represents the interests of the entire school
corporation.
(c) Two (2) of the members:
(1) are elected by eligible voters residing in the school
corporation;
(2) are at-large members of the governing body; and
(3) upon election and in conducting the business of the
governing body, represent the interests of the entire school
corporation.
As added by P.L.1-2005, SEC.7. Amended by P.L.271-2013, SEC.42.
IC 20-23-14-4
Repealed
(As added by P.L.1-2005, SEC.7. Repealed by P.L.271-2013,
SEC.43.)
Indiana Code 2015
IC 20-23-14-4.5
Redistricting governing member districts; standards for
establishing districts; certification of districts; redistricting;
recertification of districts; amendments of plan filed with circuit
court clerk; time for filing; district boundary description prevails
over conflicting map
Sec. 4.5. (a) Until the first reapportionment required under this
section, the school districts for the election of the members of the
governing body under section 3(b) of this chapter are the districts set
forth in section 4 of this chapter (before its repeal).
(b) The governing body shall, by resolution, reapportion the
school districts and change their boundaries, if necessary, not later
than December 31 of the year immediately following the year in
which a decennial census is taken.
(c) The school districts established must:
(1) be as near as practicable equal in population;
(2) have boundaries set forth in the text of the resolution; and
(3) comply with:
(A) the Constitution of the United States; and
(B) the Constitution of the State of Indiana;
including the equal protection clauses of both constitutions.
(d) The limitations set forth in this section are part of the
resolution, but do not have to be specifically set forth in the
resolution. The resolution must be construed, if possible, to comply
with this chapter. If a provision of the resolution or an application of
the resolution violates this chapter, the invalidity does not affect the
other provisions or applications of the resolution that can be given
effect without the invalid provision or application. The provisions of
the resolution are severable.
(e) This subsection applies during the first year after a year in
which a federal decennial census is conducted. The governing body
shall amend the resolution if an amendment is necessary to
reapportion the school districts and change their boundaries to
comply with subsection (c). If the governing body determines that
reapportionment and changes to the boundaries of the school districts
are not required, the governing body shall recertify that the school
districts as established comply with subsection (c).
(f) Each time the governing body amends the resolution or makes
a recertification, the governing body shall file a copy of the following
with the board of elections and registration established by
IC 3-6-5.2-3 not later than thirty (30) days after the amendment or
recertification occurs:
(1) A copy of the amendment or recertification.
(2) One (1) of the following:
(A) A certification that changes to the school district
boundaries as established are not required to comply with
subsection (c).
(B) If reapportionment of the school districts and changes to
their boundaries are required to comply with subsection (c),
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a map showing the boundaries of the new school districts.
(g) If a conflict exists between:
(1) a map showing the boundaries of a school district; and
(2) a description of the boundaries of that school district set
forth in the resolution or resolution amendment;
the school district boundaries are the description of the boundaries set
forth in the resolution or resolution amendment, not the boundaries
shown on the map, to the extent there is a conflict between the
description and the map.
As added by P.L.271-2013, SEC.44.
IC 20-23-14-5
Candidates; eligibility
Sec. 5. To be eligible to be a candidate for the governing body
under this chapter, the following apply:
(1) Each prospective candidate must file a petition of
nomination with the board of elections and registration not
earlier than one hundred four (104) days and not later than noon
seventy-four (74) days before the general election at which the
members are to be elected. The petition of nomination must
include the following:
(A) The name of the prospective candidate.
(B) Whether the prospective candidate is a district candidate
or an at-large candidate.
(C) A certification that the prospective candidate meets the
qualifications for candidacy imposed under this chapter.
(D) The signatures of at least one hundred (100) registered
voters residing in the school corporation.
(2) Each prospective candidate for a district position must:
(A) reside in the district; and
(B) have resided in the district for at least the three (3) years
immediately preceding the election.
(3) Each prospective candidate for an at-large position must:
(A) reside in the school corporation; and
(B) have resided in the school corporation for at least the
three (3) years immediately preceding the election.
(4) Each prospective candidate (regardless of whether the
candidate is a district candidate or an at-large candidate) must:
(A) be a registered voter;
(B) have been a registered voter for at least the three (3)
years immediately preceding the election; and
(C) be a high school graduate or have received a:
(i) high school equivalency certificate; or
(ii) state general educational development (GED) diploma
under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
(5) A prospective candidate may not:
(A) hold any other elective or appointive office; or
(B) have a pecuniary interest in any contract with the school
corporation or its governing body;
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as prohibited by law.
As added by P.L.1-2005, SEC.7. Amended by P.L.230-2005, SEC.81;
P.L.7-2011, SEC.8; P.L.179-2011, SEC.27; P.L.6-2012, SEC.127.
IC 20-23-14-6
Election of district and at-large positions
Sec. 6. (a) With regard to a district position referred to in section
3(b) of this chapter, the candidate who receives the greatest number
of votes of all candidates for that position is elected.
(b) With regard to the at-large positions referred to in section 3(c)
of this chapter, the two (2) at-large candidates who receive the
greatest number of votes of all at-large candidates are elected.
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.319.
IC 20-23-14-7
Balloting procedures
Sec. 7. The state board, with assistance from the county election
board, shall establish:
(1) balloting procedures under IC 3 for the election; and
(2) all other procedures required to implement this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-14-8
Term of office
Sec. 8. (a) The term of each person elected to serve on the
governing body is four (4) years.
(b) The term of each person elected to serve on the governing
body begins on the date set in the school corporation's organization
plan. The date set in the organization plan for an elected member of
the governing body to take office may not be more than fourteen (14)
months after the date of the member's election. If the school
corporation's organization plan does not set a date for an elected
member of the governing body to take office, the member takes
office January 1 that immediately follows the person's election.
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.28;
P.L.219-2013, SEC.84.
IC 20-23-14-9
Schedule of elections
Sec. 9. The members are elected as follows:
(1) Three (3) of the members are elected at the general election
to be held in 2016 and every four (4) years thereafter.
(2) Two (2) of the members are elected at the general election
to be held in 2018 and every four (4) years thereafter.
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.29;
P.L.216-2015, SEC.37.
IC 20-23-14-10
Vacancies
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Sec. 10. The governing body shall temporarily fill a vacancy on
the governing body as soon as practicable after the vacancy occurs.
The member chosen must reside in the same district as the vacating
member. A member chosen by the governing body to fill a vacancy
holds office for the remainder of the unexpired term.
As added by P.L.1-2005, SEC.7.
Indiana Code 2015
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