Ind. Code » Title 36
Indiana Code

Ind. Code § 36-2-2-5 (2025)

Eligibility; forfeiture of office; number elected

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 5. (a) To be eligible for election to the executive, a person must meet the qualifications prescribed by IC 3-8-1-21.

     (b) A member of the executive must reside within:

(1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and

(2) the district from which the member was elected.

     (c) If the person does not remain a resident of the county and district after taking office, the person forfeits the office. The county fiscal body shall declare the office vacant whenever a member of the executive forfeits office under this subsection.

     (d) In a county having a population of:

(1) more than four hundred fifty thousand (450,000) and less than seven hundred thousand (700,000); or

(2) more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the system of county government as described in section 4(c) of this chapter;

one (1) member of the executive shall be elected by the voters of each of the three (3) single-member districts established under section 4(b) or 4(c) of this chapter. In other counties, all three (3) members of the executive shall be elected by the voters of the whole county.

[Pre-Local Government Recodification Citations: 17-1-14-1 part; 17-1-14-2 part; 17-1-15.6-1 part; 17-1-15.6-2 part; 17-1-28-2 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.137; Acts 1981, P.L.17, SEC.7; P.L.5-1986, SEC.34; P.L.3-1987, SEC.542; P.L.12-1992, SEC.151; P.L.14-2004, SEC.192; P.L.225-2011, SEC.90; P.L.90-2012, SEC.4; P.L.119-2012, SEC.180; P.L.104-2022, SEC.148; P.L.201-2023, SEC.267; P.L.230-2025, SEC.140.

 

Notes of Decisions
Cited in 4 cases, 1996–2020 · leading case: Turner v. City of Evansville, 740 N.E.2d 860 (Ind. 2001).
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Turner v. City of Evansville, 740 N.E.2d 860 (Ind. 2001). · cites it 2× “§ 36-2-2-5); member of the county "fiscal body" ( id.”
Bradley v. Work, 916 F. Supp. 1446 (S.D. Ind. 1996). · cites it 2× “Ind.Code § 36-2-2-5(d). However, one member of the executive is elected by voters from all three single member districts.”
Madison Cnty. Bd. of Commissioners v. Kevin M. Sipe, 143 N.E.3d 973 (Ind. Ct. App. 2020). · cites it 6× “Ind. Code § 36-2-2-5 (referencing Ind. Code § 3-8-1-21 ).”
Local 1963 of the United Auto., Aerospace, & Agric. Implement Workers of Am., UAW v. Madison Cnty., No. 27A05-1301-CC-40 (Ind. Ct. App. Dec. 18, 2013). · cites it 2× “, I.C. § 36-2-2-5(a)(2) (“[E]ach county officer .”
Ind. Code § 36-2-2-5(a)(2): 1 case
Local 1963 of the United Auto., Aerospace, & Agric. Implement Workers of Am., UAW v. Madison Cnty., No. 27A05-1301-CC-40 (Ind. Ct. App. Dec. 18, 2013). “, I.C. § 36-2-2-5(a)(2) (“[E]ach county officer .”
Ind. Code § 36-2-2-5(d): 1 case
Bradley v. Work, 916 F. Supp. 1446 (S.D. Ind. 1996). “Ind.Code § 36-2-2-5(d). However, one member of the executive is elected by voters from all three single member districts.”
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