Indiana § 36-5-2-3 - Term of office of members
Full text of Indiana Indiana Code § 36-5-2-3 — Term of office of members, with citation guidance and answers to common questions.
§ 36-5-2-3. Term of office of members
Sec. 3. (a) Except as provided in subsection (b), (c), (d), (e), (f), or (g), the term of office of a member of the legislative body is four (4) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(b) The term of office of a member of the legislative body appointed to fill a vacancy resulting from an increase in the number of town legislative body members under section 4.2 of this chapter:
(1) begins when the ordinance increasing the number of legislative body members takes effect, or when the member is appointed under IC 3-13-9-4, if the appointment is made after the ordinance takes effect; and
(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the member's successor is elected and qualified.
(c) The term of office of a member of the legislative body elected under IC 36-5-1-10.1 following the incorporation of the town:
(1) begins at noon November 30 following the election; and
(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the member's successor is elected and qualified.
(d) The term of office of a member of the legislative body subject to IC 3-10-6-2.5(d)(1) is three (3) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(e) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-6-2.6 is one (1) year, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(f) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-7-2.7 is:
(1) three (3) years if the member is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of a member of a legislative body described in subdivision (1);
beginning noon January 1 after election and continuing until a successor is elected and qualified.
(g) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-7-2.9 is:
(1) the term of office provided by the ordinance, not to exceed four (4) years, for a member of the legislative body elected in the first election cycle after adoption of the ordinance; and
(2) four (4) years for the successors of the member of a legislative body described in subdivision (1).
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1993, SEC.272; P.L.4-1996, SEC.103; P.L.109-2015, SEC.60.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-5-2-3
What does Indiana Code § 36-5-2-3 cover?
Section 36-5-2-3 ("Term of office of members") 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 § 36-5-2-3?
A common citation format is "Indiana Code § 36-5-2-3" (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 § 36-5-2-3 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
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