IC 3-13-10
    Chapter 10. Vacancies in Township Offices Not Held by a MajorParty

IC 3-13-10-1
Vacancy in office held by candidate of major political party
    Sec. 1. A vacancy in a township office that was last held by aperson elected or selected as a candidate of a major political party ofthe state shall be filled by a caucus under IC 3-13-11.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.198.

IC 3-13-10-2
Office of township trustee
    Sec. 2. (a) A vacancy in the office of township trustee:
        (1) not covered by section 1 of this chapter; or
        (2) covered by section 1 of this chapter, but that exists after thethirtieth day after:
            (A) the vacancy occurs, if IC 5-8-6 does not apply; or
            (B) the county auditor receives the notice required underIC 5-8-6;
shall be filled by the board of commissioners of the county at aregular or special meeting.
    (b) The county auditor shall give notice of the meeting.
    (c) Except as provided in subsections (e) and (f), the meeting shallbe held not later than:
        (1) thirty (30) days after the vacancy occurs, if the vacancy isnot covered by section 1 of this chapter; or
        (2) not later than sixty (60) days after the vacancy occurs, if thevacancy is covered by section 1 of this chapter and exists formore than thirty (30) days.
    (d) The notice must:
        (1) be in writing;
        (2) state the purpose of the meeting;
        (3) state the date, time, and place of the meeting; and
        (4) be sent by first class mail to each commissioner at least ten(10) days before the meeting.
    (e) If the vacancy:
        (1) is not covered by section 1 of this chapter; and
        (2) exists because of the death of the township trustee;
the meeting required by subsection (c) shall be held not later thanthirty (30) days after the county auditor receives notice of the deathunder IC 5-8-6. The county auditor may not give the notice requiredby subsection (b) until the county auditor receives notice of the deathunder IC 5-8-6.
    (f) If the vacancy:
        (1) is covered by section 1 of this chapter;
        (2) exists because of the death of the township trustee; and
        (3) exists for more than thirty (30) days;
the meeting required under subsection (c) shall be held not later thansixty (60) days after the county auditor receives notice of the death

under IC 5-8-6. The county auditor may not give the notice requiredby subsection (b) until the county auditor receives notice of the deathunder IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.452;P.L.14-2004, SEC.170; P.L.119-2005, SEC.19.

IC 3-13-10-3
Office of township assessor
    Sec. 3. (a) This section applies to a vacancy in the office oftownship assessor not covered by section 1 of this chapter.
    (b) A vacancy shall be filled by the county assessor, subject to theapproval of the department of local government finance. Except asprovided in subsection (c), the county assessor shall make theappointment not later than thirty (30) days after the vacancy occurs.If the vacancy occurred because the elected township assessor failedto qualify or was removed, the person who is appointed must be ofthe same political party as the elected township assessor.
    (c) If a vacancy exists because of the death of the townshipassessor, the county assessor shall make the appointment required bysubsection (b) not later than thirty (30) days after the county assessorreceives notice of the death under IC 5-8-6. The county assessor maynot fill the vacancy as required by subsection (b) until the countyassessor receives notice of the death under IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.453;P.L.90-2002, SEC.1; P.L.119-2005, SEC.20.

IC 3-13-10-4
Township board
    Sec. 4. (a) A vacancy on the township board of a township:
        (1) not covered by section 1 of this chapter; or
        (2) covered by section 1 of this chapter, but that exists after thethirtieth day after:
            (A) the vacancy occurs, if IC 5-8-6 does not apply; or
            (B) the county auditor receives the notice required underIC 5-8-6;
shall be filled by the board of commissioners of the county at aregular or special meeting.
    (b) The county auditor shall give notice of the meeting.
    (c) Except as provided in subsections (e) and (f), the meeting shallbe held:
        (1) not later than thirty (30) days after the vacancy occurs, if thevacancy is not covered by section 1 of this chapter; or
        (2) not later than sixty (60) days after the vacancy occurs, if thevacancy is covered by section 1 of this chapter and exists formore than thirty (30) days.
    (d) The notice must:
        (1) be in writing;
        (2) state the purpose of the meeting;
        (3) state the date, time, and place of the meeting; and
        (4) be sent by first class mail to each commissioner at least ten

(10) days before the meeting.
    (e) If a vacancy:
        (1) is not covered by section 1 of this chapter; and
        (2) exists because of the death of a township board member;
the meeting required by subsection (c) shall be held not later thanthirty (30) days after the county auditor receives notice of the deathunder IC 5-8-6. The county auditor may not give the notice requiredunder subsection (b) until the county auditor receives notice of thedeath under IC 5-8-6.
    (f) If a vacancy:
        (1) is covered by section 1 of this chapter;
        (2) exists because of the death of a township board member;and
        (3) exists for more than thirty (30) days;
the meeting required by subsection (c) shall be held not later thansixty (60) days after the county auditor receives notice of the deathunder IC 5-8-6. The county auditor may not give the notice requiredby subsection (b) until the county auditor receives notice of the deathunder IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.3;P.L.3-1987, SEC.454; P.L.14-2004, SEC.171; P.L.119-2005,SEC.21.

IC 3-13-10-5
Office of judge or constable of small claims court
    Sec. 5. (a) This section applies to a vacancy in the office of judgeof a small claims court or small claims court constable not coveredby section 1 of this chapter.
    (b) A vacancy shall be filled by the township board at a regular orspecial meeting. The chairman of the township board shall givenotice of the meeting. Except as provided in subsection (c), themeeting shall be held not later than thirty (30) days after the vacancyoccurs. The notice must:
        (1) be in writing;
        (2) state the purpose of the meeting;
        (3) state the date, time, and place of the meeting; and
        (4) be sent by first class mail to each board member at least ten(10) days before the meeting.
    (c) If a vacancy exists because of the death of a judicial officer,the meeting required by subsection (b) shall be held not later thanthirty (30) days after the chairman of the township board receivesnotice of the death under IC 5-8-6. The chairman of the townshipboard may not give the notice required by subsection (b) until thechairman of the township board receives notice of the death underIC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.4;P.L.3-1987, SEC.455; P.L.119-2005, SEC.22.

IC 3-13-10-6
Vacating office by incumbent pending outcome of election contest    Sec. 6. If, pending the outcome of an election contest, theincumbent vacates the office after the expiration of the incumbent'sterm, the vacancy shall be filled as are other vacancies under thischapter until the election is decided or the office is otherwise filled.This section does not affect the incumbent's right to hold over asprovided in Article 15, Section 3 of the Constitution of the State ofIndiana.
As added by P.L.5-1986, SEC.9.

IC 3-13-10-6.5
Failure to elect enough township board members; determinationof holdover board members; notice of meeting
    Sec. 6.5. (a) If fewer candidates have been elected to the townshipboard than there were members to be elected, the county executiveshall determine, at a regular or special meeting, the incumbent boardmember or members that hold office under Article 15, Section 3 ofthe Constitution of the State of Indiana until a successor is electedand qualified.
    (b) The county auditor shall give notice of the meeting, whichshall be held as follows:
        (1) Not earlier than the thirtieth day before the general election.
        (2) Not later than December 31 following the general election.
    (c) The notice must:
        (1) be in writing;
        (2) state the purpose of the meeting;
        (3) state the date, time, and place of the meeting; and
        (4) be sent by first class mail to each member of the countyexecutive at least ten (10) days before the meeting.
As added by P.L.4-1991, SEC.132.

IC 3-13-10-7
Bond, oath, rights, and duties of person filling vacancy
    Sec. 7. A person filling a vacancy under this chapter must give thesame bond and take the same oath and has the same rights and dutiesas the official who vacated the office.
As added by P.L.5-1986, SEC.9.

IC 3-13-10-8
Term of office
    Sec. 8. A person selected to fill a vacant office under this chapterholds the office for the remainder of the term.
As added by P.L.5-1986, SEC.9.