Sec. 44. (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) Notwithstanding any other law, if a tie vote occurs among any of the candidates for the governing body or a vacancy occurs on the governing body, the remaining members of the governing body, even if the remaining members do not constitute a majority of the governing body, shall by a majority vote of the remaining members:
(1) select one (1) of the candidates who shall be declared and certified elected; or
(2) fill the vacancy by appointing an individual to fill the vacancy.
(d) An individual appointed to fill a vacancy under subsection (c)(2):
(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) If a tie vote occurs among the remaining members of the governing body or the governing body fails to act within thirty (30) days after the election or the vacancy occurs, the fiscal body (as defined in IC 3-5-2-25) 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.]
As added by P.L.1-2005, SEC.7. Amended by P.L.119-2012, SEC.145; P.L.104-2022, SEC.120.
Structure Indiana Code
Article 23. Organization of School Corporations
Chapter 4. Community School Corporations
20-23-4-1. Purpose and Policy of School Reorganization
20-23-4-2. "Attendance Unit"; "School Unit"
20-23-4-3. "Community School Corporation"
20-23-4-4. "County Committee"; "Committee"
20-23-4-7. "Reorganization of School Corporations"
20-23-4-9. "United School Corporation"
20-23-4-12. Preliminary Plans; Contents; Supporting Documents
20-23-4-13. Hearings on Preliminary Plans; Notice
20-23-4-16. Required Contents of Preliminary or Final Comprehensive Plan
20-23-4-17. Advisory Committees of County; Membership
20-23-4-18. State Board of Education; Powers and Duties
20-23-4-21. Special Election to Create Community School Corporations; Procedure
20-23-4-21.5. Employment Preference for Employees of Reorganized School Corporation
20-23-4-21.6. Retention of Teacher Rights and Privileges
20-23-4-23. Rejection of Community School Corporations and Elections; Options of County Committee
20-23-4-24. Failure of Public Official to Perform Duty Within Time Prescribed; Effect
20-23-4-26. Community School Corporations; Powers and Duties; Officers
20-23-4-29.1. School Corporation Governing Body; Election Procedures
20-23-4-30. School Corporation Governing Body Members; Tie Votes; Vacancies; Term of Office
20-23-4-31. Board of School Trustees; Appointment of Interim Trustees
20-23-4-32. Assumption and Transfer of Powers and Duties
20-23-4-33. Attendance Units; Transportation
20-23-4-34. Voting Method for Community School Corporations
20-23-4-35. School Corporation; Organization of Governing Body
20-23-4-36. Voting Method for School Corporations
20-23-4-37. Approval of State Board for Reorganization Plan Mandatory; Supplemental Effect of Act
20-23-4-38. Dissolution of County Committees Upon Completion of Reorganization
20-23-4-39. Donations; Power to Accept
20-23-4-40. Budgetary Request of County Committee; Tax Levy
20-23-4-43. Amendment of Plan Approved Prior to May 1, 1984
20-23-4-44. Tie Votes in Governing Body of a School Corporation in Certain Counties