IC 3-13-7
    Chapter 7. Vacancies in Other County Offices Not Held by aMajor Party

IC 3-13-7-1
Vacancy in office last held by person elected or selected ascandidate of major political party
    Sec. 1. A vacancy in a county office that was last held by a personelected or selected as a candidate of a major political party of thestate 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.194.

IC 3-13-7-2
County elected office other than county council; meeting; notice;appointments pro tempore
    Sec. 2. (a) This section applies to a vacancy in a county electedoffice (other than county council) not covered by section 1 of thischapter.
    (b) A vacancy shall be filled by the board of commissioners of thecounty at a regular or special meeting. The county auditor shall givenotice of the meeting. Except as provided in subsection (d), 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 commissioner at least ten(10) days before the meeting.
    (c) Selections made under this section (or under IC 3-2-10-3(a)before its repeal on March 4, 1986) are appointments pro tempore forthe purposes of Article 2, Section 11 of the Constitution of the Stateof Indiana.
    (d) If a vacancy occurs because of the death of an elected countyofficer, the board of commissioners shall meet and select anindividual to fill the vacancy not later than thirty (30) days after thecounty auditor receives notice of the death under IC 5-8-6. Thecounty auditor may not give the notice required under subsection (b)until the county auditor receives notice of the death under IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.15-1987, SEC.1;P.L.3-1987, SEC.437; P.L.3-1990, SEC.12; P.L.119-2005, SEC.5.

IC 3-13-7-2.5
Vacancy in political subdivision nonpartisan elected office otherthan school board
    Sec. 2.5. (a) This section does not apply to a school board office.
    (b) This section applies to a vacancy in an elected office in apolitical subdivision:
        (1) in which each candidate is required by statute to be placedon the ballot as a nonpartisan candidate for the office; and
        (2) for which this article does not otherwise provide a method

for filling.
    (c) The vacancy shall be filled as follows:
        (1) The remaining members of the body shall fill the vacancy bya majority of the votes of the remaining members of the body.
        (2) If there are no remaining members of the body, the countyexecutive of the county containing the greatest percentage ofthe population of the political subdivision shall fill the vacancyin the manner provided by section 2 of this chapter.
As added by P.L.14-2004, SEC.169.

IC 3-13-7-3
County council
    Sec. 3. (a) This section applies to a vacancy in a county councilnot covered by section 1 of this chapter.
    (b) A vacancy shall be filled by a majority of the remainingmembers of the council at a regular or special meeting. The countyauditor shall give notice of the meeting. Except as provided insubsection (c), the meeting shall be held not later than thirty (30)days after the vacancy occurs. 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 council member at leastten (10) days before the meeting.
    (c) If a vacancy occurs because of the death of a county councilmember, the county council shall meet and select an individual to fillthe vacancy not later than thirty (30) days after the county auditorreceives notice of the death under IC 5-8-6. The county auditor maynot give the notice required under subsection (b) until the countyauditor 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.438;P.L.119-2005, SEC.6.

IC 3-13-7-4
Vacating of office by incumbent pending outcome of electioncontest
    Sec. 4. 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 3-13-7-5
Bond, oath, rights, and duties of person filling vacancy
    Sec. 5. 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 3-13-7-6
Term of office
    Sec. 6. 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.