Indiana § 36-1-8-10 Board; political affiliation of board appointees

Indiana Statutes

§ 36-1-8-10 — Board; political affiliation of board appointees

Indiana·Title 36 LOCAL GOVERNMENT·Art. 1 GENERAL PROVISIONS·Ch. 8 Miscellaneous Fiscal and Administrative Provisions

(a)As used in this section, "board" means an administration, an agency, an authority, a board, a bureau, a commission, a committee, a council, a department, a division, an institution, an office, a service, or another similarly designated body of a political subdivision.

(b)Whenever a law or political subdivision's resolution requires that an appointment to a board be conditioned upon the political affiliation of the appointee, or that the membership of a board not exceed a stated number of members from the same political party, at the time of an appointment, one (1) of the following must apply to the appointee:

(1)The two (2) most recent primary elections in Indiana in which the appointee voted were both primary elections held by the party with which the appointee claims affiliation. T

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(a) As used in this section, "board" means an
administration, an agency, an authority, a board, a bureau, a
commission, a committee, a council, a department, a division, an
institution, an office, a service, or another similarly designated body of
a political subdivision.
(b) Whenever a law or political subdivision's resolution requires that
an appointment to a board be conditioned upon the political affiliation
of the appointee, or that the membership of a board not exceed a stated
number of members from the same political party, at the time of an
appointment, one (1) of the following must apply to the appointee:
(1) The two (2) most recent primary elections in Indiana in which
the appointee voted were both primary elections held by the party
with which the appointee claims affiliation. The requirement of
this subdivision applies only to an individual appointed after June
30, 2023. An individual appointed before July 1, 2023, is required
to satisfy the requirements of this subdivision only as in effect
before July 1, 2023.
(2) If the appointee has never voted in a primary election in
Indiana, the appointee is certified as a member of that party by the
party's county chair for the county in which the appointee resides.
(c) If a certification by a county chair of a political party is required
under subsection (b), the certification must be filed with the office of
the circuit court clerk not later than the time the appointee's oath of
office is filed with the clerk under IC 5-4-1. If the county chair's
certification is not filed with the circuit court clerk's office as required
by this subsection, the appointment is void.
(d) Notwithstanding any other law, if the term of an appointed
member of a board expires and the appointing authority does not make
an appointment to fill the vacancy, both of the following apply:
(1) The member may continue to serve on the board for only
ninety (90) days after the expiration date of the member's term.
(2) The county chair of the political party of the member whose
term has expired shall make the appointment.

Indiana § 36-1-8-10 (Board; political affiliation of board appointees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.185-1988, SEC.1. Amended by P.L.68-1996, SEC.4; P.L.167-2001, SEC.10; P.L.199-2001, SEC.28; P.L.126-2002, SEC.91; P.L.127-2017, SEC.15; P.L.193-2017, SEC.3; P.L.86-2018, SEC.336; P.L.227-2023, SEC.141.