Indiana Code
Chapter 4. Organization and Operation of Governing Body
20-26-4-4. Vacancies in Membership of Governing Body

Sec. 4. If fewer candidates have been elected to the school board than there were members to be elected, the governing body shall determine not later than noon December 31 following the election which incumbent member or members continue to hold office under Article 15, Section 3 of the Constitution of the State of Indiana until a successor is elected and qualified. However, if a vacancy in the membership of a governing body occurs, whether the vacancy was of an elected or appointed member, the remaining members of the governing body shall by majority vote fill the vacancy by appointing a person from within the boundaries of the school corporation, with the residence and other qualifications provided for a regularly elected or appointed board member filling the membership, to serve for the term or the balance of the term. However, this subsection does not apply to a vacancy:
(1) of a member who serves on a governing body in an ex officio capacity; or
(2) a vacancy in an appointed board membership if a plan, resolution, or law under which the school corporation operates specifically provides for filling vacancies by the appointing authority.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.96-2012, SEC.7; P.L.219-2013, SEC.91; P.L.233-2015, SEC.94; P.L.193-2021, SEC.107.

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