Indiana § 36-2-2-5 - Eligibility; forfeiture of office; number elected
Full text of Indiana Indiana Code § 36-2-2-5 — Eligibility; forfeiture of office; number elected, with citation guidance and answers to common questions.
§ 36-2-2-5. Eligibility; forfeiture of office; number elected
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.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-2-2-5
What does Indiana Code § 36-2-2-5 cover?
Section 36-2-2-5 ("Eligibility; forfeiture of office; number elected") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 36-2-2-5?
A common citation format is "Indiana Code § 36-2-2-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 36-2-2-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.