IC 3-13-9
Chapter 9. Vacancies in Town Offices Not Held or Filled by a
Major Party
IC 3-13-9-1 Vacancy of office held by candidate of major political party; filling
by caucus
Sec. 1. A vacancy in a town 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.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 judge
of 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 the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the town clerk-treasurer receives the notice required
under IC 5-8-6.
(b) A vacancy shall be filled by the town council at a regular or
special meeting.
(c) The town clerk-treasurer shall give notice of the meeting.
Except as provided in subsections (e) and (f), the meeting shall be
held:
(1) not later than thirty (30) days after the vacancy occurs if the
vacancy is not covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs if the
vacancy is covered by section 1 of this chapter and exists for
more 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 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 judge;
the council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the town clerk-treasurer receives
notice of the death under IC 5-8-6. The town clerk-treasurer may not
give the notice required by subsection (c) until the town
clerk-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 not
later than sixty (60) days after the town clerk-treasurer receives
notice of the death under IC 5-8-6. The town clerk-treasurer may not
give the notice required by subsection (c) until the town
clerk-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 town
clerk-treasurer:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but existing after the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the president of the town council receives the notice
required under IC 5-8-6.
(b) A vacancy shall be filled by the town council at a regular or
special meeting.
(c) The president of the town council shall give notice of the
meeting. Except as provided in subsections (e) and (f), the meeting
shall be held:
(1) not later than thirty (30) days after the vacancy occurs if the
vacancy is not covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs if the
vacancy is covered by section 1 of this chapter and exists for
more 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 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 the town clerk-treasurer;
the council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the president of the town council
receives notice of the death under IC 5-8-6. The president of the
town council may not give the notice required by subsection (c) until
the president of the town council 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 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 not
later than sixty (60) days after the president of the town council
receives notice of the death under IC 5-8-6. The president of the
town council may not give the notice required by subsection (c) until
the president of the town council 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.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 the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the town clerk-treasurer receives the notice required
under IC 5-8-6.
(b) The vacancy shall be filled by the remaining members of the
council 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 meeting
shall be held:
(1) not later than thirty (30) days after the vacancy occurs if the
vacancy is not covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs if the
vacancy is covered by section 1 of this chapter and exists for
more 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 least
ten (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 under
IC 36-5-2-6.5(3);
the town council shall meet and select an individual to fill the
vacancy not later than thirty (30) days after the town council
determines 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 under
IC 36-5-2-6.5(2);
the town council shall meet and select an individual to fill the
vacancy not later than thirty (30) days after the town clerk-treasurer
receives notice of the death under IC 5-8-6. The town clerk-treasurer
may not give the notice required by subsection (c) until the town
clerk-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 by
subsection (h);
(2) exists because a circumstance has occurred under
IC 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 not
later than sixty (60) days after the town council determines that a
circumstance 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 by
subsection (g);
(2) exists because a circumstance has occurred under
IC 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 not
later than sixty (60) days after the town clerk-treasurer receives
notice of the death under IC 5-8-6. The town clerk-treasurer may not
give the notice required by subsection (c) until the town
clerk-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 are
vacant
Sec. 4.5. (a) This section applies to a vacancy in the town council
to be filled under section 4 of this chapter when more than fifty
percent (50%) of the seats on the town council are vacant.
(b) The remaining member or a majority of the remaining
members of the town council shall fill the vacancies under this
chapter as the first item of business at a meeting of the town council
even though a quorum would not then exist to conduct other town
council business.
(c) If there are no remaining members of the town council in
office or a tie vote occurs among the remaining members under
subsection (b), the vacancies shall be filled by the town
clerk-treasurer.
(d) If there are no remaining members of the town council and no
clerk-treasurer in office, the vacancies in the office of clerk-treasurer
and town council shall be filled by the county chairman of the major
political party of the state whose candidate for secretary of state
received the most votes in the last election for that office in the
precincts 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'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 3-13-9-5.5 Failure to elect town council member; incumbent holding over
Sec. 5.5. If no candidate was elected to the office of town council
from a district, the incumbent council member holds office under
Article 15, Section 3 of the Constitution of the State of Indiana until
a 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 at
large than there were members to be elected, the town council shall
determine, not later than December 31 following the election, the
incumbent council member or members who hold office under
Article 15, Section 3 of the Constitution of the State of Indiana until
a successor is elected and qualified. If a tie vote occurs during the
vote to determine the members that continue to hold office, the town
clerk-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 town
council 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 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 3-13-9-7 Term of office
Sec. 7. 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 3-13-9
Chapter 9. Vacancies in Town Offices Not Held or Filled by a
Major Party
IC 3-13-9-1 Vacancy of office held by candidate of major political party; filling
by caucus
Sec. 1. A vacancy in a town 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.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 judge
of 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 the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the town clerk-treasurer receives the notice required
under IC 5-8-6.
(b) A vacancy shall be filled by the town council at a regular or
special meeting.
(c) The town clerk-treasurer shall give notice of the meeting.
Except as provided in subsections (e) and (f), the meeting shall be
held:
(1) not later than thirty (30) days after the vacancy occurs if the
vacancy is not covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs if the
vacancy is covered by section 1 of this chapter and exists for
more 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 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 judge;
the council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the town clerk-treasurer receives
notice of the death under IC 5-8-6. The town clerk-treasurer may not
give the notice required by subsection (c) until the town
clerk-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 not
later than sixty (60) days after the town clerk-treasurer receives
notice of the death under IC 5-8-6. The town clerk-treasurer may not
give the notice required by subsection (c) until the town
clerk-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 town
clerk-treasurer:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but existing after the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the president of the town council receives the notice
required under IC 5-8-6.
(b) A vacancy shall be filled by the town council at a regular or
special meeting.
(c) The president of the town council shall give notice of the
meeting. Except as provided in subsections (e) and (f), the meeting
shall be held:
(1) not later than thirty (30) days after the vacancy occurs if the
vacancy is not covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs if the
vacancy is covered by section 1 of this chapter and exists for
more 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 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 the town clerk-treasurer;
the council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the president of the town council
receives notice of the death under IC 5-8-6. The president of the
town council may not give the notice required by subsection (c) until
the president of the town council 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 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 not
later than sixty (60) days after the president of the town council
receives notice of the death under IC 5-8-6. The president of the
town council may not give the notice required by subsection (c) until
the president of the town council 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.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 the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the town clerk-treasurer receives the notice required
under IC 5-8-6.
(b) The vacancy shall be filled by the remaining members of the
council 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 meeting
shall be held:
(1) not later than thirty (30) days after the vacancy occurs if the
vacancy is not covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs if the
vacancy is covered by section 1 of this chapter and exists for
more 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 least
ten (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 under
IC 36-5-2-6.5(3);
the town council shall meet and select an individual to fill the
vacancy not later than thirty (30) days after the town council
determines 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 under
IC 36-5-2-6.5(2);
the town council shall meet and select an individual to fill the
vacancy not later than thirty (30) days after the town clerk-treasurer
receives notice of the death under IC 5-8-6. The town clerk-treasurer
may not give the notice required by subsection (c) until the town
clerk-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 by
subsection (h);
(2) exists because a circumstance has occurred under
IC 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 not
later than sixty (60) days after the town council determines that a
circumstance 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 by
subsection (g);
(2) exists because a circumstance has occurred under
IC 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 not
later than sixty (60) days after the town clerk-treasurer receives
notice of the death under IC 5-8-6. The town clerk-treasurer may not
give the notice required by subsection (c) until the town
clerk-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 are
vacant
Sec. 4.5. (a) This section applies to a vacancy in the town council
to be filled under section 4 of this chapter when more than fifty
percent (50%) of the seats on the town council are vacant.
(b) The remaining member or a majority of the remaining
members of the town council shall fill the vacancies under this
chapter as the first item of business at a meeting of the town council
even though a quorum would not then exist to conduct other town
council business.
(c) If there are no remaining members of the town council in
office or a tie vote occurs among the remaining members under
subsection (b), the vacancies shall be filled by the town
clerk-treasurer.
(d) If there are no remaining members of the town council and no
clerk-treasurer in office, the vacancies in the office of clerk-treasurer
and town council shall be filled by the county chairman of the major
political party of the state whose candidate for secretary of state
received the most votes in the last election for that office in the
precincts 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'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 3-13-9-5.5 Failure to elect town council member; incumbent holding over
Sec. 5.5. If no candidate was elected to the office of town council
from a district, the incumbent council member holds office under
Article 15, Section 3 of the Constitution of the State of Indiana until
a 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 at
large than there were members to be elected, the town council shall
determine, not later than December 31 following the election, the
incumbent council member or members who hold office under
Article 15, Section 3 of the Constitution of the State of Indiana until
a successor is elected and qualified. If a tie vote occurs during the
vote to determine the members that continue to hold office, the town
clerk-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 town
council 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 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 3-13-9-7 Term of office
Sec. 7. 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 3-13-9
Chapter 9. Vacancies in Town Offices Not Held or Filled by a
Major Party
IC 3-13-9-1 Vacancy of office held by candidate of major political party; filling
by caucus
Sec. 1. A vacancy in a town 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.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 judge
of 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 the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the town clerk-treasurer receives the notice required
under IC 5-8-6.
(b) A vacancy shall be filled by the town council at a regular or
special meeting.
(c) The town clerk-treasurer shall give notice of the meeting.
Except as provided in subsections (e) and (f), the meeting shall be
held:
(1) not later than thirty (30) days after the vacancy occurs if the
vacancy is not covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs if the
vacancy is covered by section 1 of this chapter and exists for
more 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 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 judge;
the council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the town clerk-treasurer receives
notice of the death under IC 5-8-6. The town clerk-treasurer may not
give the notice required by subsection (c) until the town
clerk-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 not
later than sixty (60) days after the town clerk-treasurer receives
notice of the death under IC 5-8-6. The town clerk-treasurer may not
give the notice required by subsection (c) until the town
clerk-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 town
clerk-treasurer:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but existing after the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the president of the town council receives the notice
required under IC 5-8-6.
(b) A vacancy shall be filled by the town council at a regular or
special meeting.
(c) The president of the town council shall give notice of the
meeting. Except as provided in subsections (e) and (f), the meeting
shall be held:
(1) not later than thirty (30) days after the vacancy occurs if the
vacancy is not covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs if the
vacancy is covered by section 1 of this chapter and exists for
more 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 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 the town clerk-treasurer;
the council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the president of the town council
receives notice of the death under IC 5-8-6. The president of the
town council may not give the notice required by subsection (c) until
the president of the town council 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 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 not
later than sixty (60) days after the president of the town council
receives notice of the death under IC 5-8-6. The president of the
town council may not give the notice required by subsection (c) until
the president of the town council 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.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 the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the town clerk-treasurer receives the notice required
under IC 5-8-6.
(b) The vacancy shall be filled by the remaining members of the
council 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 meeting
shall be held:
(1) not later than thirty (30) days after the vacancy occurs if the
vacancy is not covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs if the
vacancy is covered by section 1 of this chapter and exists for
more 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 least
ten (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 under
IC 36-5-2-6.5(3);
the town council shall meet and select an individual to fill the
vacancy not later than thirty (30) days after the town council
determines 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 under
IC 36-5-2-6.5(2);
the town council shall meet and select an individual to fill the
vacancy not later than thirty (30) days after the town clerk-treasurer
receives notice of the death under IC 5-8-6. The town clerk-treasurer
may not give the notice required by subsection (c) until the town
clerk-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 by
subsection (h);
(2) exists because a circumstance has occurred under
IC 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 not
later than sixty (60) days after the town council determines that a
circumstance 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 by
subsection (g);
(2) exists because a circumstance has occurred under
IC 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 not
later than sixty (60) days after the town clerk-treasurer receives
notice of the death under IC 5-8-6. The town clerk-treasurer may not
give the notice required by subsection (c) until the town
clerk-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 are
vacant
Sec. 4.5. (a) This section applies to a vacancy in the town council
to be filled under section 4 of this chapter when more than fifty
percent (50%) of the seats on the town council are vacant.
(b) The remaining member or a majority of the remaining
members of the town council shall fill the vacancies under this
chapter as the first item of business at a meeting of the town council
even though a quorum would not then exist to conduct other town
council business.
(c) If there are no remaining members of the town council in
office or a tie vote occurs among the remaining members under
subsection (b), the vacancies shall be filled by the town
clerk-treasurer.
(d) If there are no remaining members of the town council and no
clerk-treasurer in office, the vacancies in the office of clerk-treasurer
and town council shall be filled by the county chairman of the major
political party of the state whose candidate for secretary of state
received the most votes in the last election for that office in the
precincts 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'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 3-13-9-5.5 Failure to elect town council member; incumbent holding over
Sec. 5.5. If no candidate was elected to the office of town council
from a district, the incumbent council member holds office under
Article 15, Section 3 of the Constitution of the State of Indiana until
a 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 at
large than there were members to be elected, the town council shall
determine, not later than December 31 following the election, the
incumbent council member or members who hold office under
Article 15, Section 3 of the Constitution of the State of Indiana until
a successor is elected and qualified. If a tie vote occurs during the
vote to determine the members that continue to hold office, the town
clerk-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 town
council 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 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 3-13-9-7 Term of office
Sec. 7. 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.
