{"data":{"id":"us-in/ic-3-13-9-4","jurisdiction":"us-in","citation":"IC 3-13-9-4","heading":"Office of town council member","body":"Sec. 4. (a) This section applies to a vacancy in the town council:\n(1) not covered by section 1 of this chapter; or\n(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.\n(b) The vacancy shall be filled by the remaining members of the council at a regular or special meeting.\n(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:\n(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or\n(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.\n(d) The notice must:\n(1) be in writing;\n(2) state the purpose of the meeting;\n(3) state the date, time, and place of the meeting; and\n(4) be sent by first class mail to each council member at least ten (10) days before the meeting.\n(e) If a vacancy:\n(1) is not covered by subsection (f) or section 1 of this chapter; and\n(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3);\nthe 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).\n(f) If a vacancy:\n(1) is not covered by subsection (e) or section 1 of this chapter; and\n(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2);\nthe 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.\n(g) If a vacancy:\n(1) is covered by section 1 of this chapter and not covered by subsection (h);\n(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3); and\n(3) exists for more than thirty (30) days;\nthe 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).\n(h) If a vacancy:\n(1) is covered by section 1 of this chapter and not covered by subsection (g);\n(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2); and\n(3) exists for more than thirty (30) days;\nthe 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.","path":["TITLE 3. ELECTIONS","ARTICLE 13. VACANCIES","Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party"],"source_url":"https://iga.in.gov/ic/2026/Title_3.html#3-13-9-4","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-08T08:01:41Z","sha256":"80e6dc62f20b54eedf2b4b6b9e23c95285bce7c4e2fdc5434c406459f8d69814","source_id":"us-in","stale":false,"prev":"us-in/ic-3-13-9-3","next":"us-in/ic-3-13-9-4.5"},"notice":"GroundRules: Original legal text. Not legal advice."}