IC 3-13-7
Chapter 7. Vacancies in Other County Offices Not Held by a
Major Party
IC 3-13-7-1 Vacancy in office last held by person elected or selected as
candidate of major political party
Sec. 1. A vacancy in a county office that was last held by a person
elected or selected as a candidate of a major political party of the
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.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 elected
office (other than county council) not covered by section 1 of this
chapter.
(b) A vacancy shall be filled by the board of commissioners of the
county at a regular or special meeting. The county auditor shall give
notice of the meeting. Except as provided in subsection (d), 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 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 for
the purposes of Article 2, Section 11 of the Constitution of the State
of Indiana.
(d) If a vacancy occurs because of the death of an elected county
officer, the board of commissioners shall meet and select an
individual to fill the vacancy not later than thirty (30) days after the
county auditor receives notice of the death under IC 5-8-6. The
county 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 other
than 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 a
political subdivision:
(1) in which each candidate is required by statute to be placed
on 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 by
a majority of the votes of the remaining members of the body.
(2) If there are no remaining members of the body, the county
executive of the county containing the greatest percentage of
the population of the political subdivision shall fill the vacancy
in 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 council
not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining
members of the council at a regular or special meeting. The county
auditor shall give notice of the meeting. Except as provided in
subsection (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 least
ten (10) days before the meeting.
(c) If a vacancy occurs because of the death of a county council
member, the county council shall meet and select an individual to fill
the vacancy not later than thirty (30) days after the county auditor
receives notice of the death under IC 5-8-6. The county 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.3-1987, SEC.438;
P.L.119-2005, SEC.6.
IC 3-13-7-4 Vacating of office by incumbent pending outcome of election
contest
Sec. 4. If, pending the outcome of an election contest, the
incumbent vacates the office after the expiration of the incumbent's
term, the vacancy shall be filled as are other vacancies under this
chapter until the election is decided or the office is otherwise filled.
This section does not affect the incumbent's right to hold over as
provided in Article 15, Section 3 of the Constitution of the State of
Indiana. 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 the
same bond and take the same oath and has the same rights and duties
as 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 chapter
holds the office for the remainder of the term. As added by P.L.5-1986, SEC.9.
IC 3-13-7
Chapter 7. Vacancies in Other County Offices Not Held by a
Major Party
IC 3-13-7-1 Vacancy in office last held by person elected or selected as
candidate of major political party
Sec. 1. A vacancy in a county office that was last held by a person
elected or selected as a candidate of a major political party of the
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.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 elected
office (other than county council) not covered by section 1 of this
chapter.
(b) A vacancy shall be filled by the board of commissioners of the
county at a regular or special meeting. The county auditor shall give
notice of the meeting. Except as provided in subsection (d), 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 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 for
the purposes of Article 2, Section 11 of the Constitution of the State
of Indiana.
(d) If a vacancy occurs because of the death of an elected county
officer, the board of commissioners shall meet and select an
individual to fill the vacancy not later than thirty (30) days after the
county auditor receives notice of the death under IC 5-8-6. The
county 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 other
than 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 a
political subdivision:
(1) in which each candidate is required by statute to be placed
on 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 by
a majority of the votes of the remaining members of the body.
(2) If there are no remaining members of the body, the county
executive of the county containing the greatest percentage of
the population of the political subdivision shall fill the vacancy
in 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 council
not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining
members of the council at a regular or special meeting. The county
auditor shall give notice of the meeting. Except as provided in
subsection (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 least
ten (10) days before the meeting.
(c) If a vacancy occurs because of the death of a county council
member, the county council shall meet and select an individual to fill
the vacancy not later than thirty (30) days after the county auditor
receives notice of the death under IC 5-8-6. The county 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.3-1987, SEC.438;
P.L.119-2005, SEC.6.
IC 3-13-7-4 Vacating of office by incumbent pending outcome of election
contest
Sec. 4. If, pending the outcome of an election contest, the
incumbent vacates the office after the expiration of the incumbent's
term, the vacancy shall be filled as are other vacancies under this
chapter until the election is decided or the office is otherwise filled.
This section does not affect the incumbent's right to hold over as
provided in Article 15, Section 3 of the Constitution of the State of
Indiana. 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 the
same bond and take the same oath and has the same rights and duties
as 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 chapter
holds the office for the remainder of the term. As added by P.L.5-1986, SEC.9.
IC 3-13-7
Chapter 7. Vacancies in Other County Offices Not Held by a
Major Party
IC 3-13-7-1 Vacancy in office last held by person elected or selected as
candidate of major political party
Sec. 1. A vacancy in a county office that was last held by a person
elected or selected as a candidate of a major political party of the
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.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 elected
office (other than county council) not covered by section 1 of this
chapter.
(b) A vacancy shall be filled by the board of commissioners of the
county at a regular or special meeting. The county auditor shall give
notice of the meeting. Except as provided in subsection (d), 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 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 for
the purposes of Article 2, Section 11 of the Constitution of the State
of Indiana.
(d) If a vacancy occurs because of the death of an elected county
officer, the board of commissioners shall meet and select an
individual to fill the vacancy not later than thirty (30) days after the
county auditor receives notice of the death under IC 5-8-6. The
county 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 other
than 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 a
political subdivision:
(1) in which each candidate is required by statute to be placed
on 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 by
a majority of the votes of the remaining members of the body.
(2) If there are no remaining members of the body, the county
executive of the county containing the greatest percentage of
the population of the political subdivision shall fill the vacancy
in 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 council
not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining
members of the council at a regular or special meeting. The county
auditor shall give notice of the meeting. Except as provided in
subsection (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 least
ten (10) days before the meeting.
(c) If a vacancy occurs because of the death of a county council
member, the county council shall meet and select an individual to fill
the vacancy not later than thirty (30) days after the county auditor
receives notice of the death under IC 5-8-6. The county 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.3-1987, SEC.438;
P.L.119-2005, SEC.6.
IC 3-13-7-4 Vacating of office by incumbent pending outcome of election
contest
Sec. 4. If, pending the outcome of an election contest, the
incumbent vacates the office after the expiration of the incumbent's
term, the vacancy shall be filled as are other vacancies under this
chapter until the election is decided or the office is otherwise filled.
This section does not affect the incumbent's right to hold over as
provided in Article 15, Section 3 of the Constitution of the State of
Indiana. 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 the
same bond and take the same oath and has the same rights and duties
as 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 chapter
holds the office for the remainder of the term. As added by P.L.5-1986, SEC.9.
