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 thousand (400,000) and less than seven hundred thousand (700,000); or
(2) more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000);
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.
Structure Indiana Code
Article 2. Government of Counties Generally
36-2-2-1. Application of Chapter
36-2-2-2. Board of Commissioners to Be County Executive
36-2-2-3. Election of Executive; Terms
36-2-2-4.7. Dividing the County Into Districts; Ordinance, Resolution
36-2-2-5. Eligibility; Forfeiture of Office; Number Elected
36-2-2-7. Disqualification of Executive in Quasi-Judicial Proceeding; Appointment of Special Members
36-2-2-8. Special Meeting; Notice
36-2-2-9. Location of Meetings
36-2-2-12. Appointments Made by Executive
36-2-2-13. County Officer; Employment; Requisites; Violation; Offense; Penalty
36-2-2-14. County Administrator; Appointment; Power and Duties; Vacancy
36-2-2-16. Accounts Chargeable Against County; Sums for Expenses
36-2-2-18. Annual Settlement by Executive and County Treasurer
36-2-2-19. Annual Statement of County's Receipts and Expenditures; Posting and Publication
36-2-2-20. County Property; Sale; Acquisition; Orders; Ordinance
36-2-2-23. County Property; Licenses, Permits, or Franchises for Use; Utilities; State Consent
36-2-2-24. County Courthouse, Jail, and Public Offices
36-2-2-25. Notice, Report, or Statement; Cost of Publication; Violation; Offense
36-2-2-28. Appeal of Decision of Executive; Appellant's Bond; Transcript of Proceedings
36-2-2-29. Appeal of Decision of Executive; Docket; Court Decision
36-2-2-30. Employment of Attorney to Represent and Advise Executive