CHAPTER 1. EARLY CANDIDATE VACANCIES
IC 3-13
ARTICLE 13. VACANCIES
IC 3-13-1
Chapter 1. Early Candidate Vacancies
IC 3-13-1-1
Application of chapter
Sec. 1. Except as provided in section 18 or 20 of this chapter, thischapter applies to the filling of a candidate vacancy that arises forany reason if the vacancy leaves a major political party without acandidate for the office and occurs before the thirtieth day before ageneral, special, or municipal election.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.413;P.L.4-1991, SEC.123; P.L.3-1997, SEC.380.
IC 3-13-1-2
Candidate vacancy for primary election; ballot not to be filled butmay be filled on following general or municipal election ballot
Sec. 2. A candidate vacancy that exists on a primary electionballot may not be filled for the primary election. The resultingvacancy on the following general or municipal election ballot may befilled in the manner prescribed by this chapter, but only if it is filledby noon June 30 before election day.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.414;P.L.4-1991, SEC.124; P.L.260-2001, SEC.6.
IC 3-13-1-2.5
Individual filling candidate vacancy must meet qualifications foroffice
Sec. 2.5. A candidate seeking to fill a candidate vacancy underthis chapter must comply with the requirements imposed underIC 3-8-1 for the office.
As added by P.L.230-2005, SEC.62.
IC 3-13-1-3
United States Senator or state office
Sec. 3. Except as provided in IC 3-10-8-7, a candidate vacancy forUnited States Senator or a state office shall be filled by the statecommittee of the political party.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1989, SEC.17.
IC 3-13-1-4
United States Representatives
Sec. 4. A candidate vacancy for United States Representative shallbe filled by a caucus comprised by the precinct committeemen of thepolitical party whose precincts are within the congressional district.
As added by P.L.5-1986, SEC.9.
IC 3-13-1-5
Legislative office
Sec. 5. A candidate vacancy for a legislative office shall be filledby a caucus comprised by the precinct committeemen of the politicalparty whose precincts are within the senate or house district.
As added by P.L.5-1986, SEC.9. Amended by P.L.26-2000, SEC.21.
IC 3-13-1-6
Local office; office of circuit court judge or prosecuting attorney
Sec. 6. (a) Except as provided in subsection (b), a candidatevacancy for a local office shall be filled by:
(1) a caucus comprised of the precinct committeemen who areeligible to participate under section 10 of this chapter; or
(2) the county chairman of the political party or a caucuscomprised of the chairman, vice chairman, secretary, andtreasurer of the county committee of the party, if:
(A) authorized to fill vacancies under this chapter bymajority vote of the county committee; and
(B) the election district for the local office is entirely withinone (1) county.
(b) A candidate vacancy for the office of circuit court judge orprosecuting attorney in a circuit having more than one (1) countyshall be filled by a caucus comprised of the precinct committeemenwho constitute the county committees of the political party for all ofthe circuit.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.415;P.L.10-1988, SEC.182; P.L.4-1996, SEC.86; P.L.26-2000, SEC.22.
IC 3-13-1-7
Time for taking action to fill candidate vacancy
Sec. 7. (a) Except as provided in subsection (b), action to fill acandidate vacancy must be taken:
(1) not later than noon June 30 after the primary election if thevacancy exists on a general or municipal election ballot; and
(2) within thirty (30) days after the occurrence of the vacancy,if the vacancy exists on a special election ballot, subject tosection 2 of this chapter.
(b) This subsection applies to a candidate vacancy that existsbefore the thirtieth day before a general, municipal, or specialelection and that is due to any of the following:
(1) The death of a candidate.
(2) The withdrawal of a candidate.
(3) The disqualification of a candidate under IC 3-8-1-5.
(4) A court order issued under IC 3-8-7-29(d).
Action to fill a candidate vacancy under section 3, 4, 5, or 6 of thischapter for reasons permitted under this subsection must be takenwithin thirty (30) days after the occurrence of the vacancy.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.416;P.L.10-1988, SEC.183; P.L.4-1991, SEC.125; P.L.1-1993, SEC.14;P.L.176-1999, SEC.113; P.L.260-2001, SEC.7.
IC 3-13-1-8
Meeting to be called and chaired by state or county chairman ordesignated party
Sec. 8. A meeting under section 7 of this chapter shall be calledand chaired by:
(1) the state chairman, or a person designated by the statechairman, for a caucus or committee acting under section 3, 4,5, or 6(b) of this chapter; or
(2) the county chairman of the county in which the greatestpercentage of the population of the election district is located,for a caucus or committee acting under section 6(a) of thischapter.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.184;P.L.3-1989, SEC.14.
IC 3-13-1-9
Requirements for call of meeting
Sec. 9. The call for a meeting under section 7 of this chapter must:
(1) be in writing on a form prescribed by the commission;
(2) state the name of the chairman of the meeting;
(3) state the purpose of the meeting;
(4) state the date, time, and place of the meeting;
(5) be sent by first class mail, at least ten (10) days before themeeting, to all persons eligible to participate in the meeting; and
(6) be filed at least ten (10) days before the meeting with theofficial who is required to receive a certificate of candidateselection following the caucus under section 15 of this chapter.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1997, SEC.381.
IC 3-13-1-10
Eligibility to participate in caucus
Sec. 10. (a) To be eligible to participate in a caucus called undersection 7 of this chapter, an elected precinct committeeman must beentitled to vote for the office for which a candidate is to be selected.An elected precinct committeeman is eligible to participate in acaucus called under this chapter, regardless of when the ballotvacancy occurred.
(b) An appointed precinct committeeman is eligible to participatein a caucus called under section 7 of this chapter if the precinctcommitteeman was a committeeman thirty (30) days before thevacancy occurred.
(c) For purposes of a candidate vacancy resulting from the failureof a candidate to be nominated at a primary at which precinctcommitteemen were elected, an appointed precinct committeeman iseligible to serve if the committeeman has been reappointed followingthe primary in accordance with the rules of the committeeman'spolitical party.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.417;P.L.10-1988, SEC.185; P.L.5-1989, SEC.66; P.L.38-1999, SEC.63;P.L.176-1999, SEC.114; P.L.26-2000, SEC.23; P.L.230-2005,
SEC.63.
IC 3-13-1-10.5
Declaration of candidacy filing
Sec. 10.5. (a) A person who wishes to be a candidate forappointment to fill a candidate vacancy under this chapter must filea declaration of candidacy on a form prescribed by the commissionwith:
(1) the chairman of the caucus; and
(2) the official who is required to receive a certificate ofcandidate selection following the caucus under section 15 ofthis chapter;
at least seventy-two (72) hours before the time fixed for the caucus.
(b) A candidate's declaration of candidacy must include astatement that the candidate requests the name on the candidate'svoter registration record be the same as the name the candidate useson the declaration of candidacy. If there is a difference between thename on the candidate's declaration of candidacy and the name onthe candidate's voter registration record, the officer with whom thedeclaration of candidacy is filed shall forward the information to thevoter registration officer of the appropriate county as required byIC 3-5-7-6(e). The voter registration officer of the appropriate countyshall change the name on the candidate's voter registration record tobe the same as the name on the candidate's declaration of candidacy.
As added by P.L.3-1993, SEC.222. Amended by P.L.3-1997,SEC.382; P.L.202-1999, SEC.20.
IC 3-13-1-11
Establishment of rules of procedure; voting
Sec. 11. (a) At a meeting called under section 7 of this chapter,the eligible participants shall:
(1) establish the caucus rules of procedure, except as otherwiseprovided in this chapter; and
(2) select, by a majority vote of those casting a vote for acandidate, a person to fill the candidate vacancy described inthe call for the meeting.
(b) If more than one (1) person seeks to fill the vacancy, theselection shall be conducted by secret ballot.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.1;P.L.3-1993, SEC.223; P.L.26-2000, SEC.24.
IC 3-13-1-11.5
Voting by proxy
Sec. 11.5. (a) Except as provided in this section, voting by proxyis not permitted in a caucus called under section 7 of this chapter.
(b) A precinct vice committeeman is entitled to participate in acaucus called under section 7 of this chapter and vote as a proxy forthe vice committeeman's precinct committeeman if all of thefollowing apply:
(1) The vice committeeman's precinct committeeman is
otherwise eligible to participate in the caucus under thischapter.
(2) The vice committeeman's precinct committeeman is notpresent at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeemanis eligible to participate in a caucus called under section 7 of thischapter and vote the precinct committeeman's proxy, regardless ofwhen the ballot vacancy occurred, if the vice committeeman was thevice committeeman five (5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c), thevice committeeman is eligible to participate in a caucus called undersection 7 of this chapter and vote the precinct committeeman's proxyonly if the vice committeeman was the vice committeeman thirty (30)days before the ballot vacancy occurred.
As added by P.L.26-2000, SEC.25.
IC 3-13-1-12
Tiebreaking vote
Sec. 12. If a tie vote occurs among participants acting undersection 3, 4, 5, or 6(b) of this chapter, the chairman of the meetingmay cast the tiebreaking vote. If a tie vote occurs among participantsacting under section 6(a) of this chapter, the county chairman maycast the tiebreaking vote.
As added by P.L.5-1986, SEC.9.
IC 3-13-1-13
Local office; appointment of person to fill vacancy
Sec. 13. If no person is eligible to participate in the filling of acandidate vacancy for an office under section 6(a) of this chapter, thecounty chairman entitled to call the meeting under section 8 of thischapter shall appoint a person to fill the vacancy.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.186;P.L.3-1997, SEC.383.
IC 3-13-1-14
Selection of person as candidate; written consent and statement ofeconomic interest as prerequisite
Sec. 14. The selection of a person as a candidate under thischapter is not effective unless:
(1) the person's written consent is obtained and filed:
(A) in the office in which certificates and petitions ofnomination must be filed; and
(B) not later than when the certificate is filed; and
(2) the candidate has complied with any requirement underIC 3-8-1-33 to file a statement of economic interests.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.418;P.L.14-2004, SEC.168.
IC 3-13-1-15
Town office; certificate of candidate selection
Sec. 15. (a) A county chairman filling a candidate vacancy undersection 6(a)(2) of this chapter or the chairman of a meeting filling acandidate vacancy under this chapter shall file a written certificateof candidate selection on a form prescribed by the commissionstating the following information for each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear onthe ballot; and
(B) the candidate's name is permitted to appear on the ballotunder IC 3-5-7.
(2) The residence address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) a committee acting under section 3, 4, 5, or 6(b) of thischapter; or
(B) a committee acting under section 6(a) of this chapter tofill a candidate vacancy in the office of judge of a circuit,superior, probate, county, or small claims court orprosecuting attorney; or
(2) the circuit court clerk, for a committee acting under section6(a) of this chapter to fill a candidate vacancy for a local officenot described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting froma vacancy on the primary election ballot as described in section 2 ofthis chapter. The certificate required by subsection (a) shall be filednot later than noon July 3 before election day.
(d) This subsection applies to all candidate vacancies notdescribed by subsection (c). The certificate required by subsection(a) shall be filed not more than three (3) days (excluding Saturdaysand Sundays) after selection of the candidates.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.419;P.L.3-1993, SEC.224; P.L.3-1997, SEC.384; P.L.202-1999, SEC.21;P.L.260-2001, SEC.8; P.L.66-2003, SEC.48.
IC 3-13-1-16
Furnishing certified list of name and address of candidate selected
Sec. 16. The election division shall furnish the circuit court clerkwith a certified list of the name and address of each candidateselected under section 15 of this chapter. If a certificate of candidateselection filed with the election division is questioned underIC 3-8-1-2, the election division shall indicate on the certified listthat candidate's name is not to be printed on the ballot until thequestion is resolved by the commission or a court with jurisdictionin the matter.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.420;P.L.3-1997, SEC.385; P.L.202-1999, SEC.22.
IC 3-13-1-16.5
Validity of certificate of candidate selection; reference anddetermination
Sec. 16.5. (a) All questions concerning the validity of a certificateof candidate selection filed with the election division shall bedetermined by the commission. A statement questioning the validityof a certificate of candidate selection must be filed with the electiondivision under IC 3-8-1-2(c) not later than noon seventy-four (74)days before the date on which the general or municipal election willbe held for the office.
(b) All questions concerning the validity of a certificate ofcandidate selection filed with a circuit court clerk shall be referredto and determined by the county election board. A statementquestioning the validity of a certificate of candidate selection mustbe filed with the county election board under IC 3-8-1-2(c) not laterthan noon seventy-four (74) days before the date on which thegeneral or municipal election will be held for the office.
(c) The commission or a county election board shall rule on thevalidity of the certificate of candidate selection not later than noonsixty (60) days before the date on which the general or municipalelection will be held for the office.
As added by P.L.3-1993, SEC.225. Amended by P.L.2-1996,SEC.205; P.L.3-1997, SEC.386; P.L.58-2001, SEC.4.
IC 3-13-1-17
Vacancy existing because of tie vote in primary election; selectionof candidate
Sec. 17. A candidate vacancy exists when a tie vote occurs for anoffice in a primary election. The candidate vacancy shall be filledunder section 3, 4, 5, or 6 of this chapter.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.421.
IC 3-13-1-18
Town offices; certificate of candidate selection by certain minorparties
Sec. 18. (a) If a candidate vacancy occurs in a town subject toIC 3-8-5 for any office on the ticket of a political party whosecandidates were selected by petition of nomination, the vacancy maybe filled only as prescribed by this section.
(b) To fill the vacancy, the town chairman of the party must filea certificate of candidate selection together with the consent requiredby section 14 of this chapter with the official with whom certificatesmust be filed. The certificate of candidate selection must be filed notlater than the date and hour that a certificate of nomination by a townconvention must be filed under IC 3-8-5-13.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.422;P.L.5-1988, SEC.16; P.L.3-1997, SEC.387.
IC 3-13-1-19
Eligibility of persons defeated in primary election or town or state
convention
Sec. 19. A person who was defeated in a primary election or in atown or state convention is eligible to be appointed by the politicalparty that the person affiliated with by voting in the most recentprimary election held by that party. The person selected may fill anyvacancy on the party's ticket as a candidate in any general, municipal,or special election following that primary election or convention inwhich the vacancy occurred. However, a person is not disqualifiedfrom appointment under this section for not having voted in the mostrecent primary election if the appointee is certified as a member ofthat party by the county chairman for the county in which theappointee resides.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.423;P.L.3-1993, SEC.226.
IC 3-13-1-20
Vacancy existing following convention of certain minor parties
Sec. 20. (a) This section applies to a political party subject toIC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12.
(b) A candidate vacancy that exists following the convention ofthe party shall be filled by the state committee of the political partynot later than the date and time specified by section 7(a)(1) of thischapter for a major political party to fill a candidate vacancy. Thechairman of the state committee shall file a notice of intent to fill thecandidate vacancy with the official who is required to receive acertificate of candidate selection under section 15 of this chapter.The notice must be filed not later than ten (10) days before thechairman fills the candidate vacancy. The chairman of the statecommittee shall act in accordance with section 15 of this chapter tocertify the candidate selected to fill the vacancy.
(c) This subsection applies to a candidate vacancy resulting froma vacancy on the general election ballot resulting from the failure ofthe convention to nominate a candidate for an office. The certificaterequired by subsection (b) shall be filed not later than the date andtime specified by section 15(c) of this chapter for a major politicalparty to file a certificate of candidate selection.
(d) This subsection applies to all candidate vacancies notdescribed by subsection (c). If a candidate vacancy occurs as a resultof:
(1) the death of a candidate;
(2) the withdrawal of a candidate;
(3) the disqualification of a candidate under IC 3-8-1-5; or
(4) a court order issued under IC 3-8-7-29(d);
the political party may fill the vacancy within the same period oftime that a major political party is permitted to fill a candidatevacancy under section 7(b) of this chapter.
(e) The certificate required by subsection (b) shall be filed withinthe period of time required under section 15(d) of this chapter for amajor political party to file the certificate after selection of thecandidates.As added by P.L.3-1997, SEC.388. Amended by P.L.2-1998, SEC.8;P.L.260-2001, SEC.9; P.L.66-2003, SEC.49; P.L.230-2005, SEC.64.