IC 3-13-11
    Chapter 11. Caucus Procedure for Filling Vacancies in CertainLocal Offices Held by Major Parties

IC 3-13-11-1
Sections requiring following of caucus procedure; appointmentspro tempore
    Sec. 1. The caucus procedure prescribed by this chapter for fillingvacancies in local offices must be followed whenever required byIC 3-13-6-2, IC 3-13-6-3(a), IC 3-13-7-1, IC 3-13-8-1, IC 3-13-9-1,or IC 3-13-10-1. Selections made under this chapter (or underIC 3-2-9 before its repeal on March 4, 1986) are appointments protempore for the purposes of Article 2, Section 11 of the Constitutionof the State of Indiana.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.5;P.L.15-1987, SEC.2; P.L.14-1988, SEC.2; P.L.3-1990, SEC.13;P.L.19-1995, SEC.2.

IC 3-13-11-2
Repealed
    (Repealed by P.L.3-1987, SEC.570.)

IC 3-13-11-3
Calling of caucus; withdrawal of resignation; when caucus to beheld
    Sec. 3. (a) Except as provided in subsections (b) and (e) andsection 3.5 of this chapter, not later than ten (10) days after avacancy occurs in an office subject to this chapter, the countychairman:
        (1) of the county in which the greatest percentage of thepopulation of the election district of the office is located; and
        (2) of the same political party that elected or selected theofficial who vacated the office;
shall give notice of a caucus to all eligible precinct committeemen.
    (b) A county chairman may give notice of a caucus before thetime specified under subsection (a) if a vacancy will exist becausethe official has:
        (1) submitted a written resignation under IC 5-8-3.5; or
        (2) been elected to another office.
    (c) Notwithstanding IC 5-8-4, a person may not withdraw theperson's resignation after the resignation has been accepted by theperson authorized to accept the resignation less than seventy-two(72) hours before the announced starting time of a caucus under thissection.
    (d) Except as provided in subsection (e) and section 3.5 of thischapter, a caucus under this section shall be held after giving noticeto caucus members under section 4 of this chapter and not later thanthirty (30) days after the vacancy occurs.
    (e) If a vacancy exists in an office because a circumstance hasoccurred under IC 36-5-2-6.5(2), the caucus shall meet and select an

individual to fill the vacancy not later than thirty (30) days after thecounty chairman receives notice of the death under IC 5-8-6. Thecounty chairman shall give notice to caucus members under section4 of this chapter. The county chairman may not give the noticerequired by section 4 of this chapter until the county chairmanreceives notice of the death under IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.456;P.L.10-1988, SEC.199; P.L.4-1991, SEC.133; P.L.3-1997, SEC.396;P.L.174-2002, SEC.2; P.L.119-2005, SEC.23.

IC 3-13-11-3.5
Vacancy on town council because of member's residency; callingcaucus; when caucus must be held
    Sec. 3.5. (a) If a vacancy exists on a town council because acircumstance has occurred under IC 36-5-2-6.5(3), the caucus shallmeet and select an individual to fill the vacancy not later than thirty(30) days after the county chairman receives a notice of the vacancyunder IC 5-8-5.
    (b) The county chairman shall:
        (1) give notice of the caucus meeting to caucus members undersection 4 of this chapter; and
        (2) keep the notice of the vacancy with the records of thecaucus.
As added by P.L.174-2002, SEC.3. Amended by P.L.1-2003, SEC.8;P.L.119-2005, SEC.24.

IC 3-13-11-4
Notice of caucus
    Sec. 4. The notice for a caucus under section 3 of this chaptermust:
        (1) be in writing;
        (2) state the name of the chairman of the caucus;
        (3) state the purpose of the caucus;
        (4) state the date, time, and place of the caucus; and
        (5) be sent by first class mail to each member of the caucus atleast ten (10) days before the caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.457.

IC 3-13-11-5
Members of caucus; eligibility
    Sec. 5. (a) To be eligible to be a member of a caucus under thischapter, a precinct committeeman must satisfy the following:
        (1) Be a member of the same political party that elected orselected the person who vacated the office to be filled.
        (2) Be the precinct committeeman of a precinct in which voterswere eligible to vote for the person who vacated the office to befilled at the last election conducted or permitted for the office.
        (3) Satisfy the other requirements of this section.
An elected precinct committeeman is eligible to participate in acaucus called under this chapter, regardless of when the vacancy in

the office occurred.
    (b) An appointed precinct committeeman is eligible to participatein a caucus called under this chapter if the precinct committeemanwas a precinct committeeman thirty (30) days before the vacancyoccurred.
    (c) If fewer than two (2) persons are eligible to be members of acaucus under this section, the county chairman entitled to give noticeof a caucus under section 3 of this chapter shall fill the vacancy, nolater than thirty (30) days after the vacancy occurs. A chairmanacting under this subsection is not required to conduct a caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.458;P.L.10-1988, SEC.200; P.L.5-1989, SEC.68; P.L.3-1993, SEC.227;P.L.38-1999, SEC.66; P.L.176-1999, SEC.116; P.L.26-2000,SEC.29.

IC 3-13-11-6
Chairman of caucus
    Sec. 6. The county chairman:
        (1) of the county in which the greatest percentage of thepopulation of the election district is located; and
        (2) of the same political party that elected or selected theofficial who vacated the office to be filled;
is the chairman of a caucus held under this chapter. The chairman isnot eligible to vote in the caucus unless the chairman is also amember of the caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.459;P.L.10-1988, SEC.201.

IC 3-13-11-7
Required filings for pro tempore appointment
    Sec. 7. (a) This section does not apply to a vacancy filled by acounty chairman under section 5(c) of this chapter.
    (b) A person who wishes to be a candidate for pro temporeappointment to fill a vacancy under this chapter must file:
        (1) a declaration of candidacy with the chairman of the caucus;and
        (2) a statement of economic interests with the commission onjudicial qualifications if the vacancy is in the office ofprosecuting attorney;
at least seventy-two (72) hours before the time fixed for the caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.6;P.L.5-1989, SEC.69; P.L.19-1995, SEC.3; P.L.38-1999, SEC.67.

IC 3-13-11-8
Caucus rules of procedure; tie vote
    Sec. 8. Except as provided in this chapter, the caucus shallestablish the caucus rules of procedure. The chairman shall break anytie vote that occurs in the caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.7;P.L.3-1987, SEC.460.
IC 3-13-11-9
Voting by proxy
    Sec. 9. (a) Except as provided in this section, voting by proxy isnot permitted in a caucus held under this chapter.
    (b) A precinct vice committeeman is entitled to participate in acaucus held under this chapter and vote as a proxy for the vicecommitteeman's precinct committeeman if all of the following apply:
        (1) The vice committeeman's precinct committeeman isotherwise eligible to participate in the caucus under thischapter. This subdivision is satisfied if the vacancy to be filledunder this chapter resulted from the death of an individualholding a local office who also served as a precinctcommitteeman.
        (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 held under this chapter and votethe precinct committeeman's proxy, regardless of when the vacancyoccurred, if the vice committeeman was the vice 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 held underthis chapter and vote the precinct committeeman's proxy only if thevice committeeman was the vice committeeman thirty (30) daysbefore the vacancy occurred.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.8;P.L.3-1987, SEC.461; P.L.10-1988, SEC.202; P.L.3-1995, SEC.133;P.L.26-2000, SEC.30; P.L.199-2001, SEC.27.

IC 3-13-11-10
Selection of person to fill vacancy; secret ballot
    Sec. 10. The members of a caucus held under this chapter shallselect, by a majority vote of those casting a vote for a candidate, aperson to fill the vacancy described in the written notice of thecaucus. The selection shall be conducted by secret ballot.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.9;P.L.3-1987, SEC.462.

IC 3-13-11-11
Certification of pro tempore appointment results; forwardingcertificates; filing certificates
    Sec. 11. (a) No later than noon five (5) days after:
        (1) the selection required by section 10 of this chapter; or
        (2) a selection under section 5(c) of this chapter;
the chairman shall certify the pro tempore appointment results to thecircuit court clerk of the county in which the greatest percentage ofthe population of the election district is located.
    (b) This subsection applies to the selection of an individual for anappointment pro tempore as judge of a town court, prosecuting

attorney, circuit court clerk, county auditor, county recorder, countytreasurer, county sheriff, county coroner, or county surveyor. Theclerk shall forward a copy of the certificate to the election division.The election division shall prepare a commission for issuance underIC 4-3-1-5 in the same manner that the election division prepares acommission following the election of an individual to the office.
    (c) This subsection applies to the selection of an individual for anappointment pro tempore to a local office not described in subsection(b). The clerk shall file the certificate in the clerk's office in the samemanner as certificates of election are filed. Within twenty-four (24)hours after the certificate is filed, the clerk shall issue a copy of thecertificate to the individual named in the certificate.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.10;P.L.10-1988, SEC.203; P.L.5-1989, SEC.70; P.L.38-1999, SEC.68;P.L.26-2000, SEC.31.

IC 3-13-11-12
Chief deputy employee except for office of judge; assumption ofduties during vacancy
    Sec. 12. (a) This section does not apply to the office of a judge.
    (b) Subject to sections 13 through 17 of this chapter, the chiefdeputy employee of the office that is vacant assumes the duties ofthat office for the period of time between when a vacancy occurs andwhen the office is filled under this chapter in a circuit, county, city,town, or township office.
As added by P.L.5-1986, SEC.9. Amended by P.L.14-2004, SEC.172.

IC 3-13-11-13
Chief deputy employee except for office of judge; appointment ifposition declined, person ineligible, or position not established
    Sec. 13. (a) This section does not apply to the office of a judge.
    (b) In accordance with section 12 of this chapter, if a chief deputyemployee does not exist in a circuit or county office, or the chiefdeputy employee declines or is ineligible to serve, the board ofcounty commissioners shall appoint, as soon as is reasonablypossible, a person to assume the duties of the office until the officeis filled under this chapter.
    (c) If a circuit contains more than one (1) county, the boards ofcounty commissioners of the counties shall meet in joint session atthe county seat of the county that contains the greatest percentage ofpopulation of the circuit to appoint an individual under this section.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1993, SEC.228;P.L.14-2004, SEC.173.

IC 3-13-11-14
City controller assumes duty of mayor if position of deputy mayornot established in first or second class city
    Sec. 14. In accordance with section 12 of this chapter, if theposition of deputy mayor is not established by ordinance in a firstclass or second class city, the city controller assumes the duties of

mayor until the office is filled under this chapter.
As added by P.L.5-1986, SEC.9.

IC 3-13-11-15
President pro tempore of common council assumes duty of mayorif position of deputy mayor not established in third class city
    Sec. 15. In accordance with section 12 of this chapter, if theposition of deputy mayor is not established by ordinance in a thirdclass city, the president pro tempore of the common council assumesthe duties of mayor until the office is filled under this chapter.
As added by P.L.5-1986, SEC.9.

IC 3-13-11-16
Appointment to office of clerk or clerk-treasurer if chief deputyposition not established, person ineligible, or position declined
    Sec. 16. In accordance with section 12 of this chapter, if a chiefdeputy employee does not exist in the office of clerk orclerk-treasurer of a city or town, or the chief deputy employeedeclines or is ineligible to serve, the mayor of the city or thepresident of the town council shall appoint, as soon as is reasonablypossible, a person to assume the duties of the office until the officeis filled under this chapter.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1989, SEC.12;P.L.3-1993, SEC.229; P.L.14-2004, SEC.174.

IC 3-13-11-17
Circumstances in which township board chairman assumes dutiesof township office except for office of judge or township boardmember
    Sec. 17. (a) This section does not apply to the office of a judge ora township board member.
    (b) In accordance with section 12 of this chapter, if a chief deputyemployee does not exist in a township office or the chief deputyemployee declines or is ineligible to serve, the chairman of thetownship board assumes the duties of the township office until theoffice is filled under this chapter.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.5;P.L.3-1993, SEC.230; P.L.14-2004, SEC.175.

IC 3-13-11-18
Rights and duties of person assuming duties of vacant office
    Sec. 18. A person who assumes the duties of a vacant office underthis chapter has all of the office's rights and duties. Except asprovided in IC 3-13-6, the person serves for the remainder of theunexpired term.
As added by P.L.5-1986, SEC.9. Amended by P.L.38-1999, SEC.69.

IC 3-13-11-19
Vacancies; candidates eligible for pro tempore appointment
    Sec. 19. The person who last held a vacated office may not be a

candidate for pro tempore appointment to fill a vacancy in that officeunder this chapter for the remainder of the term.
As added by P.L.8-1986, SEC.11.

IC 3-13-11-20
Vacancies; authority to fill
    Sec. 20. Except as expressly provided in this article, if a person:
        (1) is authorized to fill a vacancy in office or to determinewhich incumbent continues to hold an office underIC 3-13-9-5.6 or IC 3-13-10-6.5; and
        (2) fails to fill the vacancy or determine which incumbentcontinues to hold office before the deadline prescribed bystatute;
the person retains the authority to fill the vacancy or to determinewhich incumbent continues to hold office.
As added by P.L.3-1997, SEC.397.

IC 3-13-11-21
Applicability of provisions concerning temporary filling of vacancy
    Sec. 21. Sections 12 through 20 of this chapter apply to a vacancyin an office to be filled under:
        (1) this chapter; or
        (2) IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, or IC 3-13-10.
As added by P.L.3-1997, SEC.398.