CHAPTER 8. SPECIAL ELECTIONS
IC 3-10-8
Chapter 8. Special Elections
IC 3-10-8-1
Holding special elections
Sec. 1. A special election shall be held in the following cases:
(1) Whenever two (2) or more candidates for a federal, state,legislative, circuit, or school board office receive the highestand an equal number of votes for the office, except as providedin Article 5, Section 5 of the Constitution of the State of Indianaor in IC 20.
(2) Whenever a vacancy occurs in the office of United StatesSenator, as provided in IC 3-13-3-1.
(3) Whenever a vacancy occurs in the office of United StatesRepresentative unless the vacancy occurs less than thirty (30)days before a general election.
(4) Whenever a vacancy occurs in any local office the filling ofwhich is not otherwise provided by law.
(5) Whenever required by law for a public question.
(6) Whenever ordered by a court under IC 3-12-8-17 or the staterecount commission under IC 3-12-11-18.
(7) Whenever required under IC 3-13-5 to fill a vacancy in alegislative office unless the vacancy occurs less than thirty (30)days before a general election.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.190;P.L.10-1989, SEC.1; P.L.164-2006, SEC.76.
IC 3-10-8-2
Filling vacancies
Sec. 2. A vacancy in a local office to be filled under this chaptershall be filled for the unexpired term unless prohibited by theConstitution of the State of Indiana. However, if it will not benecessary to exercise the functions of the office before the expirationof the term in which the vacancy exists or will occur, it is notnecessary to fill the vacancy.
As added by P.L.5-1986, SEC.6.
IC 3-10-8-3
Writs of election
Sec. 3. (a) The governor, court, or state recount commission shallorder a special election under this chapter by issuing a writ ofelection directed to the circuit court clerk of each county locatedwholly or partially within the election district.
(b) The writ must specify:
(1) the election district in which the election is to be held;
(2) the cause and object of the election;
(3) the name of the person whose office is vacant; and
(4) the day on which the election will be held. (c) A special election to be held in an election district situated intwo (2) or more counties shall be held on the same day in eachcounty.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1989, SEC.2.
IC 3-10-8-4
Notice of special election; publication; filing
Sec. 4. (a) Each circuit court clerk or town clerk-treasurer whoreceives a writ ordering a special election shall publish in accordancewith IC 5-3-1:
(1) under the proper political party or independent candidatedesignation:
(A) the title of office; and
(B) the names and addresses of all persons for whomnomination papers have been filed;
if an elected office will be on the ballot at the special election;
(2) the text of any public question to be submitted to the voters;
(3) the date of the election; and
(4) the hours during which the polls will be open.
(b) The county election board or town election board shall file anotice of a special election conducted under this chapter with theelection division not later than noon thirty (30) days before theelection is conducted.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.95;P.L.3-1993, SEC.107; P.L.12-1995, SEC.65; P.L.2-1996, SEC.122;P.L.3-1997, SEC.236.
IC 3-10-8-4.5
Offices and agencies to be notified of special election
Sec. 4.5. Whenever the election division receives a notice undersection 4 of this chapter, the election division shall notify thefollowing offices and agencies that a special election will beconducted within all or part of Indiana:
(1) Each agency serving persons with disabilities anddesignated as a voter registration site under IC 3-7-16.
(2) Armed forces recruitment offices in accordance withprocedures established under IC 3-7-17.
(3) Each agency designated as a voter registration site andsubject to IC 3-7-18.
(4) The bureau of motor vehicles for voter registration purposesunder IC 9-24-2.5.
(5) The adjutant general for purposes of enforcingIC 10-16-7-17.
(6) The division of family resources for voter registrationpurposes under IC 12-14-1.5, IC 12-14-25, and IC 12-15-1.5.
(7) The state department of health for voter registrationpurposes under IC 16-35-1.6.
(8) The Federal Voting Assistance Program of the United StatesDepartment of Defense, for notification of absent uniformedservices voters and overseas voters.As added by P.L.12-1995, SEC.66. Amended by P.L.2-1996,SEC.123; P.L.2-1997, SEC.8; P.L.3-1997, SEC.237; P.L.204-2001,SEC.2; P.L.2-2003, SEC.10; P.L.145-2006, SEC.2; P.L.10-2010,SEC.1.
IC 3-10-8-5
Law governing nomination of candidates
Sec. 5. (a) Special elections are governed by other provisions ofthis title as far as applicable.
(b) Except as provided in section 7 of this chapter, IC 3-12-8-17,or IC 3-12-11-18, candidates in special elections shall be nominatedin the same manner as candidates are nominated:
(1) to fill vacancies on the ballot under IC 3-13-1 or IC 3-13-2;or
(2) under IC 3-8-6, if a candidate does not intend to affiliatewith a regular political party or represents a political party notqualified to nominate candidates at a primary election or byconvention.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1989, SEC.3;P.L.3-1997, SEC.238.
IC 3-10-8-6
Holding of elections at time other than that of general election
Sec. 6. (a) Except as provided in subsection (b) or (c), if a specialelection is held at a time other than the time of a general election, theelection shall be held in accordance with this title. Each countyelection board and other local public official who is required toperform any duties in connection with a general election shallperform the same duties for the special election, subject to the sameprovisions and penalties as for a general election.
(b) If a special election is held:
(1) under a court order under IC 3-12-8; or
(2) for a local public question;
the county election board may provide that several precincts mayvote in the special election at the same polling place, if the countyelection board finds by unanimous vote of the entire membership ofthe board that the consolidation of polling places will not result inundue inconvenience to voters.
(c) If a special election is held:
(1) under a court order under IC 3-12-8 for a school boardoffice; or
(2) for a local public question;
the county election board may by unanimous vote of the entiremembership of the board adopt a resolution to provide that eachprecinct election board will include only one (1) inspector and one(1) judge, and that only one (1) sheriff and one (1) poll clerk may benominated as precinct election officers. If the board has adopted aresolution under subsection (b), a resolution adopted under thissubsection may also provide for more than one (1) precinct to beserved by the same precinct election board. A resolution adopted
under this subsection may not be rescinded by the county electionboard and expires the day after the special election is conducted.
(d) The following procedures apply if a county election boardadopts a resolution under subsection (c):
(1) The inspector shall be nominated by the county chairmanentitled to nominate an inspector under IC 3-6-6-8.
(2) The judge shall act as a clerk whenever this title requiresthat two (2) clerks perform a duty.
(3) The poll clerk shall act as a judge whenever this titlerequires that two (2) judges perform a duty.
(4) If a precinct election board administers more than one (1)precinct, the board shall keep the ballots cast in each precinctseparate from ballots cast in any other precinct, so that the votescast for each candidate and on each public question in each ofthe precincts administered by the board may be determined.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1989, SEC.7;P.L.3-1993, SEC.108; P.L.3-1997, SEC.239; P.L.14-2004, SEC.89;P.L.230-2005, SEC.46.
IC 3-10-8-7
Vacancy in United States Senate; nominating candidates
Sec. 7. A candidate for the office of United States Senator in aspecial election held to fill a vacancy in accordance with IC 3-13-3-1shall be nominated:
(1) at a primary election held under IC 3-10-1, if the vacancyoccurs no later than noon seventy (70) days before the primaryelection;
(2) as provided in IC 3-13-1-3, if the vacancy occurs after noonon the seventieth day before a primary election held underIC 3-10-1; or
(3) under IC 3-8-6, if a candidate is an independent candidate orrepresents a political party not qualified to nominate candidatesat a primary election.
As added by P.L.10-1989, SEC.4. Amended by P.L.3-1993, SEC.109.
IC 3-10-8-8
Special elections ordered by court or recount commission
Sec. 8. (a) A special election ordered by:
(1) a court under IC 3-12-8-17; or
(2) the state recount commission under IC 3-12-11-18;
shall be held on the ninth Tuesday after the court or commissionenters an order requiring an election.
(b) The names of all candidates for a contested office must appearon the ballot in the special election held under this section unless acandidate vacancy has occurred.
(c) A special election held under this section may be held in all orpart of an election district, as specified in an order by:
(1) a court under IC 3-12-8-17; or
(2) the state recount commission under IC 3-12-11-18.
As added by P.L.10-1989, SEC.5.
IC 3-10-8-9
Registration period; poll lists; candidate limitations
Sec. 9. (a) If the special election occurs during the period whenregistration is open under IC 3-7-13, the registration period continuesthrough the twenty-ninth day before the special election occurs andresumes on the date specified by IC 3-7-13-10(d).
(b) The election board conducting the special election shallprovide poll lists for use at the precincts that include the names ofvoters in the precinct who:
(1) have registered through the twenty-ninth day before thespecial election is to be conducted; or
(2) are absent uniformed services voters or overseas votersregistered under IC 3-7-36.
(c) This subsection applies when a special election is ordered bya court under IC 3-12-8-17 or the state recount commission underIC 3-12-11-18. A candidate may not be placed on the special electionballot unless the candidate was on the ballot or was a declaredwrite-in candidate for the office at the general election preceding thespecial election.
As added by P.L.3-1993, SEC.110. Amended by P.L.12-1995,SEC.67; P.L.3-1995, SEC.90; P.L.14-2004, SEC.90; P.L.10-2010,SEC.2.