1. (a) A vacancy on the township board of a township:

   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) Except as provided in subsections (e) and (f), 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 a vacancy:

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

   2. (2) exists because of the death of a township board member;

      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 under subsection (b) until the county circuit court clerk receives notice of the death under IC 5-8-6 .

6. (f) If a vacancy:

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

   3. (3) exists for more than thirty (30) days;

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

   4. (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.8-1987, SEC.3; P.L.3-1987, SEC.454; P.L.14-2004, SEC.171; P.L.119-2005, SEC.21; P.L.194-2013, SEC.92; P.L.278-2019, SEC.161; P.L.227-2023, SEC.129.