ACLU of Indiana Sues Governor Mike Braun Over Changes to IU Board of Trustees Selection Process

The ACLU of Indiana has initiated a legal challenge against Governor Mike Braun, contesting recent legislative changes to the selection process of the Indiana University (IU) Board of Trustees, articulated in House Enrolled Act 1001. This legislation has effectively stripped IU alumni of their traditional role in electing members to the board. Previously, IU graduates could elect three members, while the governor appointed the remaining six. Now, under this new law, the governor possesses complete authority to appoint all nine board members, with the added power to remove and replace alumni-appointed members at any time. Legal Director Ken Falk of ACLU Indiana contends that the changes violate the Indiana Constitution's prohibition against special legislation, as they unreasonably differentiate IU from other public universities in the state where alumni still have a say in board appointments. The complaint, lodged in Monroe Circuit Court, emphasizes the precedent of alumni involvement at other Indiana universities, presenting this as an unjust and unwarranted alteration of IU’s governance structure. The lawsuit features Justin Vasel as the named plaintiff, an IU alumnus and candidate for the board of trustees, who claims the changes undermine the democratic process and alumni representation that has existed for over 130 years. He argues that instead of eliminating alumni involvement due to low voter turnout, reforms should encourage broader participation without dismantling the electoral framework altogether. Governor Braun's responses focus on a perceived inadequacy in the representation afforded by existing alumni electoral participation, citing low turnout rates among IU graduates. In contrast, Vasel and the ACLU maintain that the answer is empowering voters, not disenfranchising them entirely. This lawsuit marks a significant confrontation between legislative authority and alumni representation within Indiana’s educational framework, potentially reshaping future governance at Indiana University and beyond. The litigation is set against the backdrop of ongoing discussions about political accountability, voter engagement, and the role of alumni in higher education governance.