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. [Pre-1986 Recodification Citation: 3-2-10-3(a) part.] 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.