Sec. 1.2. (a) This section does not apply to an individual:
(1) appointed or elected to an office the establishment or qualifications of which are expressly provided for in the Constitution of the State of Indiana or the Constitution of the United States; or
(2) holding over in an office under Article 15, Section 3 of the Constitution of the State of Indiana.
(b) Subject to subsection (c), an individual appointed or elected to an office of a political subdivision may take the oath required under section 1 of this chapter at any time after the individual's appointment or election.
(c) An individual appointed or elected to an office of a political subdivision must take the oath required by section 1 of this chapter and deposit the oath as required by section 4 of this chapter not later than thirty (30) days after the beginning of the term of office.
(d) If an individual appointed or elected to an office of a political subdivision does not comply with subsection (c), the office becomes vacant.
[Pre-Local Government Recodification Citations: 17-4-27.4-3 part; 18-1-2-2 part.]
As added by Acts 1980, P.L.8, SEC.28. Amended by P.L.176-1999, SEC.120; P.L.26-2000, SEC.32; P.L.169-2015, SEC.162.
Structure Indiana Code
Title 5. State and Local Administration
Article 4. Officers' Bonds and Oaths
Chapter 1. Filing, Recording, and Terms of Bonds and Oaths
5-4-1-1. Oaths; Officers and Deputies; Prosecuting Attorneys and Deputies
5-4-1-3. Legislators; Governor and Lieutenant Governor
5-4-1-4. Copy of Oath; Deposit
5-4-1-5.1. Political Subdivision Officer, Employee, and Contractor Bond Filing; Data Base
5-4-1-6. Secretary of State; Filing Official Bond
5-4-1-7. Preservation of Certified Copy; Fees
5-4-1-9. Time Limitation for Bond; Failure to Comply
5-4-1-10. Bonds Payable to State
5-4-1-11. First Recovery; Exhaustion of Penalty
5-4-1-12. Defects in Form and Substance
5-4-1-15.1. Deputies or Employees; Bonds and Insurance Policies
5-4-1-20. Crime Insurance Policies and Individual Surety Bonds for Prosecuting Attorneys