This text of Indiana § 20-23-7-8.1 (Metropolitan board of education; nomination and election of members;
tie votes; vacancies; term of office) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.
(a)The registered voters of the
metropolitan school district shall elect the members of the metropolitan
board of education at general elections held biennially, beginning with
the next general election that is held more than sixty (60) days after the
creation of the metropolitan school district as provided in this chapter.
(b)Each nominee for the board must file a petition of nomination
signed by the nominee and by ten (10) registered voters residing in the
same board member district as the nominee. The petition must be filed
in accordance with IC 3-8-2.5 with the circuit court clerk of each
county in which the metropolitan school district is located.
(c)Nominees for the board shall be listed on the general election
ballot:
(1)in the form prescribed by IC 3-11-2; and
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1. (a) The registered voters of the
metropolitan school district shall elect the members of the metropolitan
board of education at general elections held biennially, beginning with
the next general election that is held more than sixty (60) days after the
creation of the metropolitan school district as provided in this chapter.
(b) Each nominee for the board must file a petition of nomination
signed by the nominee and by ten (10) registered voters residing in the
same board member district as the nominee. The petition must be filed
in accordance with IC 3-8-2.5 with the circuit court clerk of each
county in which the metropolitan school district is located.
(c) Nominees for the board shall be listed on the general election
ballot:
(1) in the form prescribed by IC 3-11-2; and
(2) by board member districts.
The ballot must state the number of board members to be voted on and
the maximum number of members that may be elected from each board
member district as provided under section 5 of this chapter. A ballot
that contains more votes than the maximum number allowed from a
board member district is invalid.
(d) The precinct election boards in each county serving at the
general election shall conduct the election for school board members.
(e) Voting and tabulation of votes shall be conducted in accordance
with IC 3, and the candidates who receive the most votes are elected to
the board.
(f) If there are more candidates from a particular board member
district than may be elected from the board member district under
section 5 of this chapter:
(1) the number of candidates elected is the greatest number that
may be elected from the board member district;
(2) the candidates elected are those who, among the candidates
from the board member district, receive the most votes; and
(3) the other candidates from the board member district are
eliminated.
(g) If there is a tie vote among the candidates for the board, the
judge of the circuit court in the county where the majority of the
registered voters of the metropolitan school district reside shall select
one (1) of the candidates who shall be declared and certified elected.
(h) If, at any time after the first board member election, a vacancy
on the board occurs for any reason, including an insufficient number of
petitions for candidates being filed, and regardless of whether the
vacating member was elected or appointed, the vacancy must be filled
under IC 20-23-4-30.
(i) At a general election held on the earlier of:
(1) more than sixty (60) days after an elected board member
vacates membership on the board; or
(2) immediately before the end of the term for which the vacating
member was elected;
a successor to a board member appointed under subsection (h) shall be
elected. Unless the successor takes office at the end of the term of the
vacating member, the member shall serve only for the balance of the
vacating member's term. In an election for a successor board member
to fill a vacancy for a two (2) year balance of a term, candidates for
board membership need not file for or with reference to the vacancy.
However, as required by IC 3-11-2, candidates for at-large seats must
be distinguished on the ballot from candidates for district seats. If there
is more than one (1) at-large seat on the ballot due to this vacancy, the
elected candidate who receives the fewest votes at the election at which
the successor is elected shall serve for a two (2) year term.
(j) At the first general election where members of the board are
elected under this section, the elected candidates who constitute a
simple majority of the elected candidates and who receive the most
votes shall be elected for four (4) year terms, and the other elected
candidates shall be elected for two (2) year terms.
(k) Board members shall be elected for four (4) year terms after the
first election and shall take office 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 immediately following the member's election.