CHAPTER 10. VACANCIES IN TOWNSHIP OFFICES NOT HELD BY A MAJOR PARTY
IC 3-13-10
Chapter 10. Vacancies in Township Offices Not Held by a Major
Party
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 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.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 the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the county auditor receives the notice required under
IC 5-8-6;
shall be filled by the board of commissioners of the county at a
regular or special meeting.
(b) The county auditor shall give notice of the meeting.
(c) Except as provided in subsections (e) and (f), the meeting shall
be held not later than:
(1) 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 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 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
by subsection (b) until the county auditor receives notice of the death
under 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 than
sixty (60) days after the county auditor receives notice of the death
under IC 5-8-6. The county auditor may not give the notice required
by 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.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 of
township assessor not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the county assessor, subject to the
approval of the department of local government finance. Except as
provided in subsection (c), the county assessor shall make the
appointment not later than thirty (30) days after the vacancy occurs.
If the vacancy occurred because the elected township assessor failed
to qualify or was removed, the person who is appointed must be of
the same political party as the elected township assessor.
(c) If a vacancy exists because of the death of the township
assessor, the county assessor shall make the appointment required by
subsection (b) not later than thirty (30) days after the county assessor
receives notice of the death under IC 5-8-6. The county assessor may
not fill the vacancy as required by subsection (b) until the county
assessor 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 the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the county auditor receives the notice required under
IC 5-8-6;
shall be filled by the board of commissioners of the county at a
regular or special meeting.
(b) The county auditor shall give notice of the meeting.
(c) 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 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 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.
(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 than
sixty (60) days after the county auditor receives notice of the death
under IC 5-8-6. The county auditor may not give the notice required
by 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.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 judge
of a small claims court or small claims court constable not covered
by section 1 of this chapter.
(b) A vacancy shall be filled by the township board at a regular or
special meeting. The chairman of the township board 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 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 than
thirty (30) days after the chairman of the township board receives
notice of the death under IC 5-8-6. The chairman of the township
board may not give the notice required by subsection (b) until the
chairman of the township board receives notice of the death under
IC 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, 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 3-13-10-6.5
Failure to elect enough township board members; determination
of holdover board members; notice of meeting
Sec. 6.5. (a) If fewer candidates have been elected to the township
board than there were members to be elected, the county executive
shall determine, at a regular or special meeting, the incumbent board
member or members that hold office under Article 15, Section 3 of
the Constitution of the State of Indiana until a successor is elected
and qualified.
(b) The county auditor shall give notice of the meeting, which
shall 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 county
executive 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 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 3-13-10-8
Term of office
Sec. 8. 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.