1. (a) A vacancy in the office of township trustee:

   1. (1) not covered by section 1 of this chapter; or

   2. (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 ;

      shall be filled by the board of commissioners of the county at a regular or special meeting.

2. (b) The county auditor shall give notice of the meeting.

3. (c) The meeting shall be held not later than thirty (30) days after:

   1. (1) the vacancy occurs, if the vacancy is not covered by section 1 of this chapter; or
   2. (2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3 .

4. (d) The notice must:

   1. (1) be in writing;
   2. (2) state the purpose of the meeting;
   3. (3) state the date, time, and place of the meeting; and
   4. (4) be sent by first class mail to each commissioner at least ten
   5. (10) days before the meeting.

5. (e) If the vacancy:

   1. (1) is not covered by section 1 of this chapter; and

   2. (2) exists because of the death of the township trustee;

      the meeting required by subsection (c) shall be held not later than thirty

   3. (30) days after the county circuit court clerk 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 circuit court clerk receives notice of the death under IC 5-8-6 .

6. (f) If the vacancy:

   1. (1) is covered by section 1 of this chapter;
   2. (2) exists because of the death of the township trustee; and

   3. (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 circuit court clerk 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 circuit court clerk 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.3-1987, SEC.452; P.L.14-2004, SEC.170; P.L.119-2005, SEC.19; P.L.278-2019, SEC.160; P.L.227-2023, SEC.128.