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Indiana Code Title 36. Local Government § 36-6-6-2.3

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 2.3. (a) This section does not apply to a township board in a county containing a consolidated city.

(b) During the year preceding a general election for the members of the township board conducted under section 2 of this chapter, a township board may adopt a resolution under this section to provide for the staggering of the terms of its members.

(c) The resolution described in subsection (b) must provide all the following:

(1) That, notwithstanding section 2 of this chapter, the terms of the board members elected at the next general election must be as follows:

(A) The candidate who receives the greatest number of votes among all the candidates at the election shall serve a four (4) year term, beginning on January 1 after the next general election.

(B) The candidate who receives the second greatest number of votes among all the candidates at the election shall serve a two (2) year term, beginning on January 1 after the next general election.

(C) The candidate who receives the third greatest number of votes among all the candidates at the election shall serve a two (2) year term, beginning on January 1 after the next general election.

(2) That the term of office of each board member elected after the first election after adoption of the resolution is four (4) years, beginning January 1 after each board member's general election.

(d) If a township board adopts a resolution under this section, election of the board members must occur at the elections as provided in the resolution.

(e) If fewer candidates are elected than the number of board members to be elected, the incumbent board member or members that hold office under Article 15, Section 3 of the Constitution of the State of Indiana shall be determined under IC 3-13-10-6.5 by the county executive.  The county executive shall determine the length of the term of each incumbent board member if more than one (1) incumbent board member continues to hold office under Article 15, Section 3 of the Constitution of the State of Indiana.  The county executive shall consider any applicable language in the resolution adopted by the township in making this determination.

(f) If a tie occurs among the candidates for an office elected under subsection (c), the tie is resolved under IC 3-12-9-4.  The authority resolving the tie determines the length of the term in accordance with subsection (c) for a person selected to fill an office under this subsection.

(g) A township board may repeal a resolution adopted under subsection (b) subject to the following:

(1) The resolution may not be repealed earlier than twelve (12) years after the resolution was adopted.

(2) The resolution may be repealed only in a year in which an election for members of the township board is not held.

(3) The resolution must provide for the election of all members of the township board at the next general election.  Notwithstanding subsection (c)(2) and section 2 of this chapter, the term of all the members of the township board ends January 1 after the next general election.

(4) The term of office of the members elected at the next general election is four (4) years, beginning January 1 after that general election.

(h) A resolution described in subsection (b) or a resolution repealing a resolution previously adopted under subsection (b):

(1) must be filed with the circuit court clerk before January 1 of a year in which an election of board members is scheduled to be held;  and

(2) takes effect when the resolution is filed with the circuit court clerk.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-6-6-2.3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-6-6-2-3/

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