Bloomington resident files suit, questions constitutionality of law that nixes elected alumni as Indiana University trustees

Indiana's recently enacted state budget bill includes an amendment to state law that eliminates the three alumni-elected seats on the Indiana University board of trustees. The law makes all nine board members appointees of the governor.

But on Wednesday, Bloomington resident Justin Vasel, who is one of six alumni candidates in this year's election for IU's board of trustees, announced he has filed a lawsuit that challenges the constitutionality of the new law.

The lawsuit asks the court to issue a preliminary injunction to allow this year's election to go forward as planned, with voting scheduled to start June 1 and run for a month.

Reached by phone, Vasel told The B Square that he’d received a letter from IU’s dean of libraries this morning (May 7) indicating that no trustee election would be held in light of the new state law. Under the old state law it’s the Indiana University "librarian" who is responsible for administering the elections for the three alumni seats on the board of trustees. One alumni seat is elected each year, and the term of service is three years.

Vasel told The B Square that he would be campaigning for the seat based on the assumption the election will be held. He’ll reach out to people and organizations on IU’s campuses, to find out what their concerns are, so that he is ready to represent them, if he’s elected trustee, Vasel said.

Named as the sole defendant in the lawsuit is Indiana governor Mike Braun. Vasel is represented in his lawsuit by the American Civil Liberties Union (ACLU).

The legal basis for the challenge is a provision in Indiana's state constitution, which prohibits special legislation. Indiana Constitution Article 4, Section 23 reads:

Section 23. In all the cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State.

The new law is in conflict with Section 23 of the Indiana Constitution, because it singles out Indiana University for non-uniform treatment, compared to other institutions of higher learning in the state, like Indiana State University, Ball State University, and Purdue University, according to the complaint.

Vasel's complaint has been filed in the Monroe County circuit court. The cause number is 53C06-2505-PL-001288

Under Indiana trial rules the defendant has to respond to a lawsuit within 20 days after being served the complaint. But there's an automatically granted 30-day extension of that deadline, if one is requested. The request for a preliminary injunction and the fast-approaching start to the election on June 1 could mean that both sides and the court will treat the proceedings with added urgency.

The election is set to start June 1 and run for a month. Except for the enactment of the new law, the winning candidate would begin service on July 1, 2025.

Vasel is one of six candidates who collected enough signatures to appear on the ballot this year. The others were: Jonathan Greenberg, Scott Gudeman, Mike Lancioni, Mark Land, and John McGlothlin III.

A news release from Vasel earlier in the spring indidates he is running for IU trustee, in part because Vivian Winston announced that she would not seek reelection

Vasel meets the requirement that candidates be alums of IU because he earned his PhD in physics from IU in 2021. Vasel's background includes service while at the university includes vice president of the Graduate and Professional Student Government and as the graduate representative on the Bloomington Faculty Council. Since March 2023, Vasal has served on the city of Bloomington's commission on sustainability (BCOS).