IC 3-13-9
    Chapter 9. Vacancies in Town Offices Not Held or Filled by aMajor Party

IC 3-13-9-1
Vacancy of office held by candidate of major political party; fillingby caucus
    Sec. 1. A vacancy in a town 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.3-1987, SEC.448;P.L.10-1988, SEC.197.

IC 3-13-9-2
Office of judge of town court
    Sec. 2. (a) This section applies to a vacancy in the office of judgeof a town court that is:
        (1) not covered by section 1 of this chapter; or
        (2) covered by section 1 of this chapter, but existing after thethirtieth day after:
            (A) the vacancy occurs, if IC 5-8-6 does not apply; or
            (B) the town clerk-treasurer receives the notice requiredunder IC 5-8-6.
    (b) A vacancy shall be filled by the town council at a regular orspecial meeting.
    (c) The town clerk-treasurer shall give notice of the meeting.Except as provided in subsections (e) and (f), the meeting shall beheld:
        (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 council member at leastten (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 judge;
the council shall meet and select an individual to fill the vacancy notlater than thirty (30) days after the town clerk-treasurer receivesnotice of the death under IC 5-8-6. The town clerk-treasurer may notgive the notice required by subsection (c) until the townclerk-treasurer receives notice of the death 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 judge; and        (3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy notlater than sixty (60) days after the town clerk-treasurer receivesnotice of the death under IC 5-8-6. The town clerk-treasurer may notgive the notice required by subsection (c) until the townclerk-treasurer 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.449;P.L.8-1989, SEC.9; P.L.4-1991, SEC.127; P.L.119-2005, SEC.16.

IC 3-13-9-3
Office of town clerk-treasurer
    Sec. 3. (a) This section applies to a vacancy in the office of townclerk-treasurer:
        (1) not covered by section 1 of this chapter; or
        (2) covered by section 1 of this chapter, but existing after thethirtieth day after:
            (A) the vacancy occurs, if IC 5-8-6 does not apply; or
            (B) the president of the town council receives the noticerequired under IC 5-8-6.
    (b) A vacancy shall be filled by the town council at a regular orspecial meeting.
    (c) The president of the town council shall give notice of themeeting. Except as provided in subsections (e) and (f), the meetingshall be 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 council member at leastten (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 the town clerk-treasurer;
the council shall meet and select an individual to fill the vacancy notlater than thirty (30) days after the president of the town councilreceives notice of the death under IC 5-8-6. The president of thetown council may not give the notice required by subsection (c) untilthe president of the town council receives notice of the death underIC 5-8-6.
    (f) If a vacancy:
        (1) is covered by section 1 of this chapter;
        (2) exists because of the death of the town clerk-treasurer; and
        (3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy notlater than sixty (60) days after the president of the town council

receives notice of the death under IC 5-8-6. The president of thetown council may not give the notice required by subsection (c) untilthe president of the town council receives notice of the death underIC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.450;P.L.8-1989, SEC.10; P.L.4-1991, SEC.128; P.L.119-2005, SEC.17.

IC 3-13-9-4
Office of town council member
    Sec. 4. (a) This section applies to a vacancy in the town council:
        (1) not covered by section 1 of this chapter; or
        (2) covered by section 1 of this chapter, but existing after thethirtieth day after:
            (A) the vacancy occurs, if IC 5-8-6 does not apply; or
            (B) the town clerk-treasurer receives the notice requiredunder IC 5-8-6.
    (b) The vacancy shall be filled by the remaining members of thecouncil at a regular or special meeting.
    (c) The town clerk-treasurer shall give notice of the meeting.Except as provided in subsections (e), (f), (g), and (h), the meetingshall be 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 council member at leastten (10) days before the meeting.
    (e) If a vacancy:
        (1) is not covered by subsection (f) or section 1 of this chapter;and
        (2) exists because a circumstance has occurred underIC 36-5-2-6.5(3);
the town council shall meet and select an individual to fill thevacancy not later than thirty (30) days after the town councildetermines that a circumstance has occurred under IC 36-5-2-6.5(3).
    (f) If a vacancy:
        (1) is not covered by subsection (e) or section 1 of this chapter;and
        (2) exists because a circumstance has occurred underIC 36-5-2-6.5(2);
the town council shall meet and select an individual to fill thevacancy not later than thirty (30) days after the town clerk-treasurerreceives notice of the death under IC 5-8-6. The town clerk-treasurermay not give the notice required by subsection (c) until the townclerk-treasurer receives notice of the death under IC 5-8-6.    (g) If a vacancy:
        (1) is covered by section 1 of this chapter and not covered bysubsection (h);
        (2) exists because a circumstance has occurred underIC 36-5-2-6.5(3); and
        (3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy notlater than sixty (60) days after the town council determines that acircumstance has occurred under IC 36-5-2-6.5(3).
    (h) If a vacancy:
        (1) is covered by section 1 of this chapter and not covered bysubsection (g);
        (2) exists because a circumstance has occurred underIC 36-5-2-6.5(2); and
        (3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy notlater than sixty (60) days after the town clerk-treasurer receivesnotice of the death under IC 5-8-6. The town clerk-treasurer may notgive the notice required by subsection (c) until the townclerk-treasurer 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.451;P.L.8-1989, SEC.11; P.L.4-1991, SEC.129; P.L.174-2002, SEC.1;P.L.1-2003, SEC.7; P.L.119-2005, SEC.18.

IC 3-13-9-4.5
Office of town council member when more than 50% of seats arevacant
    Sec. 4.5. (a) This section applies to a vacancy in the town councilto be filled under section 4 of this chapter when more than fiftypercent (50%) of the seats on the town council are vacant.
    (b) The remaining member or a majority of the remainingmembers of the town council shall fill the vacancies under thischapter as the first item of business at a meeting of the town councileven though a quorum would not then exist to conduct other towncouncil business.
    (c) If there are no remaining members of the town council inoffice or a tie vote occurs among the remaining members undersubsection (b), the vacancies shall be filled by the townclerk-treasurer.
    (d) If there are no remaining members of the town council and noclerk-treasurer in office, the vacancies in the office of clerk-treasurerand town council shall be filled by the county chairman of the majorpolitical party of the state whose candidate for secretary of statereceived the most votes in the last election for that office in theprecincts in which the town is wholly or partially located.
As added by P.L.3-1995, SEC.132.

IC 3-13-9-5
Vacating office by incumbent pending outcome of election contest
    Sec. 5. If, pending the outcome of an election contest, the

incumbent 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 3-13-9-5.5
Failure to elect town council member; incumbent holding over
    Sec. 5.5. If no candidate was elected to the office of town councilfrom a district, the incumbent council member holds office underArticle 15, Section 3 of the Constitution of the State of Indiana untila successor is elected and qualified.
As added by P.L.4-1991, SEC.130.

IC 3-13-9-5.6
Failure to elect enough at-large town council members;determination of holdover council members; notice of meeting
    Sec. 5.6. (a) If fewer town council members have been elected atlarge than there were members to be elected, the town council shalldetermine, not later than December 31 following the election, theincumbent council member or members who hold office underArticle 15, Section 3 of the Constitution of the State of Indiana untila successor is elected and qualified. If a tie vote occurs during thevote to determine the members that continue to hold office, the townclerk-treasurer casts the deciding vote under IC 36-5-2-8.
    (b) The town clerk-treasurer shall give notice of the meeting.
    (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 towncouncil at least ten (10) days before the meeting.
As added by P.L.4-1991, SEC.131. Amended by P.L.38-1999,SEC.65.

IC 3-13-9-6
Bond, oath, rights, and duties of person filling vacancy
    Sec. 6. 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 3-13-9-7
Term of office
    Sec. 7. 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.