§ 36-6-6-2.3 — Staggering terms of township board members

Indiana § 36-6-6-2.3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 6: GOVERNMENT OF TOWNSHIPS
• Ch. 6: Township Legislative Body

Text

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.

Legislative History

As added by P.L.10-2018, SEC.1. Amended by P.L.278-2019, SEC.192; P.L.227-2023, SEC.143.