Indiana § 36-4-5-9 - Vacancy in office of executive
Full text of Indiana Indiana Code § 36-4-5-9 — Vacancy in office of executive, with citation guidance and answers to common questions.
§ 36-4-5-9. Vacancy in office of executive
Sec. 9. (a) The office of executive becomes vacant whenever the executive:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the city;
(3) is convicted of a felony, as provided in IC 5-8-1-38; or
(4) is unable to discharge the powers and duties of the executive's office for more than six (6) months.
(b) The vacancy shall be filled under IC 3-13-8.
As added by P.L.349-1983, SEC.2. Amended by P.L.5-1986, SEC.50; P.L.37-2008, SEC.3; P.L.127-2017, SEC.126.
IC 36-4-6Chapter 6. City Legislative Body
36-4-6-0.1Application of certain amendments to chapter 36-4-6-1Application of chapter 36-4-6-2Common council; election; eligibility; term of office 36-4-6-3Second class cities; division into districts; boundaries; legislative body candidates; recertification of districts; filing with circuit court clerk; time for filing 36-4-6-4Third class cities; division into districts; boundaries; voting; recertification of districts; filing with circuit court clerk; time for filing 36-4-6-5Third class cities having populations of less than 10,000; division into districts; boundaries; voting for legislative body candidates; recertification of districts; filing with circuit court clerk; time for filing 36-4-6-6Power to expel member or declare seat vacant; rules 36-4-6-7Meetings 36-4-6-8President; vice president; president pro tempore 36-4-6-9Clerk; duties; second class cities posting roll call votes on Internet web site 36-4-6-10Quorum 36-4-6-11Majority vote; two-thirds vote 36-4-6-12Ordinance; majority vote 36-4-6-13Ordinance; two-thirds vote with unanimous consent of members present 36-4-6-14Ordinance, order, or resolution adoption; requirements 36-4-6-15Ordinance, order, or resolution; presentation to city executive 36-4-6-16Ordinance, order, or resolution; power of city executive to approve or veto 36-4-6-17Ordinance adoption; recording; contents of record; effect as evidence 36-4-6-18Purposes of ordinance, order, resolution, or motion 36-4-6-19Loans and issuance of bonds; requirements 36-4-6-20Temporary or short term loans in anticipation of current revenues 36-4-6-21Investigative powers of legislative body 36-4-6-22Repealed 36-4-6-23Repealed 36-4-6-24Attorneys and legal research assistants
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-4-5-9
What does Indiana Code § 36-4-5-9 cover?
Section 36-4-5-9 ("Vacancy in office of executive") 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 § 36-4-5-9?
A common citation format is "Indiana Code § 36-4-5-9" (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 § 36-4-5-9 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.