Indianapolis City-County Councilor Josh Bain will give up his southwest-side seat after Gov. Mike Braun appointed him Thursday to the Indiana Utility Regulatory Commission, triggering a Marion County Republican caucus that must be held within 30 days.
The appointment is effective immediately, according to the governor’s office. Bain, a Republican, has represented District 21 since August 2020, when he was selected by caucus to succeed Jason Holliday. He won a full term in 2023 after redistricting moved him from District 20.
Bain currently serves as executive director of legislative and intergovernmental affairs at the Indiana Department of Environmental Management. He previously was Midwest director for the Center for Energy Education, working with local governments and chambers of commerce on energy generation projects. He holds a bachelor’s degree in public affairs from Indiana University–Indianapolis and lives in Camby.
In a statement, Braun said affordability is his top priority and that Bain brings experience in energy policy and environmental stewardship to the commission.
Bain cannot hold both positions. Article 2, Section 9 of the Indiana Constitution prohibits any person from holding more than one “lucrative office” at the same time. The attorney general’s Dual Office Holding Guide classifies both IURC commissioner and city council member as lucrative offices. Indiana Supreme Court decisions dating to 1891 hold that an officeholder who accepts a second lucrative office surrenders the first, meaning acceptance of the IURC post itself vacates the council seat. Actions Bain took as a councilor before the appointment remain valid under the de facto officer doctrine.
Separately, IC 8-1-1-2 requires commissioners to devote full time to the commission and bars them from other occupations that create a conflict of interest.
Under IC 3-13-11-3, the Marion County Republican chair must give notice of a caucus to eligible precinct committeemen within 10 days of the vacancy, and the caucus must be held within 30 days. Precinct committeemen from District 21 will select the replacement by secret ballot. The person chosen will serve the remainder of Bain’s term.
Bain was one of three finalists recommended by the state’s Utility Regulatory Nominating Committee, which voted unanimously in July. He had also been shortlisted for an IURC vacancy last year.
He is Braun’s second appointment to the five-member commission in three weeks. The governor named Joby Jerrells to the panel July 22, filling the seat left by Republican Commissioner David Veleta, who resigned in June. Commissioners serve four-year terms and are appointed by the governor from the nominating committee’s list. No more than three members may come from the same political party. The position carries a salary of about $152,000.
The commission sets rates and service standards for Indiana’s investor-owned electric, gas, water and telecommunications utilities. It is currently handling a rehearing in the AES Indiana rate case and a rising volume of filings tied to data center development across the state.
The governor’s office did not say in the release whether Bain has submitted a resignation to the council or when it takes effect.
