Ind. Code ch. 3-13-9

Ind. Code ch. 3-13-9
in effect

Ind. Code § 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. [Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(a) part.] As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.448; P.L.10-1988, SEC.197.

Ind. Code § 3-13-9-1.5 Meeting held before vacancy exists; notice of meeting

Sec. 1.5. A town clerk-treasurer or president of the town council may give notice of a meeting under this chapter, and the meeting may be conducted under this chapter, before a vacancy in an office exists if the person holding the office has: (1) submitted a written resignation under IC 5-8-3.5; or (2) been elected to another office. As added by P.L.219-2013, SEC.70.

Ind. Code § 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 not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3. (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. The meeting shall be held not later than thirty (30) days after: (1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or (2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3. (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. [Pre-1986 Recodification Citations: 3-2-10-5.5(b); 3-2-10-6 part.] 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; P.L.278-2019, SEC.157.

Ind. Code § 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 not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3. (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 not later than thirty (30) days after: (1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or (2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3. (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. (g) If a town council is unable to select an individual to fill a vacancy in the office by complying with this section, a member of the town council may assume the duties of the town clerk-treasurer under IC 36-5-6-9. [Pre-1986 Recodification Citation: 3-2-10-6 part.] 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; P.L.120-2015, SEC.1; P.L.278-2019, SEC.158.

Ind. Code § 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 not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3. (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 not later than thirty (30) days after: (1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or (2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3. (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. [Pre-1986 Recodification Citation: 3-2-10-6 part.] 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; P.L.278-2019, SEC.159.

Ind. Code § 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.

Ind. Code § 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. [Pre-1986 Recodification Citation: 3-2-10-7.] As added by P.L.5-1986, SEC.9.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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. [Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.] As added by P.L.5-1986, SEC.9.

Ind. Code § 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. [Pre-1986 Recodification Citation: 3-2-10-9.] As added by P.L.5-1986, SEC.9.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/3Fetched: 10/17/2026