§ 20-23-4-44 — Vacancies and tie votes in certain counties

(a) This section applies only to a school
corporation with territory in a county having a population of more than
one hundred eighty-five thousand (185,000) and less than two hundred
thousand (200,000).
(b) This section applies if there is a:
(1) tie vote in an election for a member of the governing body of
a school corporation; or
(2) vacancy on the governing body of a school corporation.
(c) A vacancy on the governing body must be filled under section
30 of this chapter.
(d) An individual appointed to fill a vacancy under subsection (c):
(1) must satisfy all the qualifications required of a member of the
governing body; and
(2) shall fill the remainder of the unexpired term of the vacating
member.
(e) Notwithstanding section 30(d) of this chapter, if a tie vote occurs
among the remaining members of the governing body or the governing
body or caucus fails to act within thirty (30) days after the election or
the vacancy occurs, the fiscal body (as defined in IC 3-5-2.1-48) of the
township in which the greatest percentage of population of the school
district resides shall break the tie or make the appointment. A member
of the fiscal body who was a candidate and is involved in a tie vote may
not cast a vote under this subsection.
(f) If the fiscal body of a township is required to act under this
section and a vote in the fiscal body results in a tie, the deciding vote
to break the tie vote shall be cast by the executive.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-1-42.]

Legislative History

As added by P.L.1-2005, SEC.7. Amended by P.L.119-2012, SEC.145; P.L.104-2022, SEC.120; P.L.186-2025, SEC.114; P.L.195-2025, SEC.25.