Sec. 3.9. The requirements in sections 4 and 4.3 of this chapter that an eligible entity may not appoint more than a certain number of members of a board of the same political party do not apply to:
(1) an eligible entity with a population of less than thirty-eight thousand (38,000); and
(2) a county having a population of more than three hundred thousand (300,000) and less than three hundred fifty thousand (350,000).