CHAPTER 2. LATE CANDIDATE VACANCIES
IC 3-13-2
Chapter 2. Late Candidate Vacancies
IC 3-13-2-1
Application of chapter
Sec. 1. This chapter applies to the filling of a candidate vacancythat exists due to the:
(1) death of a political party's candidate;
(2) withdrawal of a candidate who has moved from the electiondistrict;
(3) disqualification of a candidate under IC 3-8-1-5; or
(4) issuance of a court order under IC 3-8-7-29(d);
for nomination or election to an office at a general, municipal, orspecial election after the thirty-first day before a general, municipal,or special election.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.187;P.L.4-1991, SEC.126.
IC 3-13-2-1.5
Individual filling candidate vacancy must meet qualifications foroffice
Sec. 1.5. 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.65.
IC 3-13-2-2
United States Senator or state office
Sec. 2. A candidate vacancy for United States Senator or a stateoffice shall be filled by appointment by the state chairman of thepolitical party.
As added by P.L.5-1986, SEC.9.
IC 3-13-2-3
United States Representative
Sec. 3. A candidate vacancy for United States Representative shallbe filled by appointment by the district chairman of the politicalparty.
As added by P.L.5-1986, SEC.9.
IC 3-13-2-4
Legislative office
Sec. 4. A candidate vacancy for a legislative office shall be filledby a majority vote of the county chairmen of the political party forall of the counties that have territory in the senate or house district.
As added by P.L.5-1986, SEC.9.
IC 3-13-2-5
Local office; office of circuit court judge or prosecuting attorney
Sec. 5. (a) Except as provided in subsection (b), a candidate
vacancy for a local office shall be filled by appointment by thecounty chairman of the political party of the county in which thegreatest percentage of the population of the election district islocated.
(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 majority vote of the county chairmen of thepolitical party for all of the counties in the circuit.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.188.
IC 3-13-2-6
Tiebreaking vote
Sec. 6. If a tie vote occurs among a group of chairmen actingunder section 4 or 5(b) of this chapter, the state chairman may castthe tiebreaking vote.
As added by P.L.5-1986, SEC.9.
IC 3-13-2-7
Written consent and statement of economic interests; prerequisitesto candidacy
Sec. 7. (a) 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) 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.
(b) A candidate's consent must include a statement that thecandidate requests the name on the candidate's voter registrationrecord be the same as the name the candidate uses on the consent. Ifthere is a difference between the name on the candidate's consent andthe name on the candidate's voter registration record, the officer withwhom the consent is filed shall forward the information to the voterregistration 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 consent.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.424;P.L.202-1999, SEC.23.
IC 3-13-2-8
Written certificate of candidate selection
Sec. 8. (a) The chairman or chairmen filling a candidate vacancyunder this chapter shall immediately file a written certificate ofcandidate selection on a form prescribed by the commission statingthe 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) one (1) or more chairmen acting under section 2, 3, 4, or5(b) of this chapter; or
(B) a committee acting under section 5(b) of this chapter tofill a candidate vacancy for the office of judge of a circuit,superior, probate, county, or small claims court orprosecuting attorney; or
(2) the circuit court clerk of the county in which the greatestpercentage of the population of the election district is located,for a chairman acting under section 5(a) of this chapter to fill acandidate vacancy for a local office not described in subdivision(1).
(c) The certificate required by subsection (a) shall be filed notmore than three (3) days (excluding Saturdays and Sundays) afterselection of the candidate.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.425;P.L.10-1988, SEC.189; P.L.3-1997, SEC.389; P.L.202-1999,SEC.24; P.L.66-2003, SEC.50; P.L.2-2005, SEC.5.
IC 3-13-2-9
Certified list of name and address of candidate
Sec. 9. The election division shall furnish each circuit court clerkof a county in which the election district is located with a certifiedlist of the name and address of each candidate selected under section8 of this chapter. If a certificate of candidate selection filed with theelection division is questioned under IC 3-8-1-2, the election divisionshall indicate on the certified list that the candidate's name is not tobe printed on the ballot until the question is resolved by thecommission or by a court with jurisdiction in the matter.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.426;P.L.10-1988, SEC.190; P.L.3-1997, SEC.390; P.L.202-1999,SEC.25.
IC 3-13-2-10
Eligibility of persons defeated in primary election or town or stateconvention
Sec. 10. A person who was defeated in a primary election or in atown or state convention is eligible to be appointed by the person'sown political party to fill any vacancy on the party's ticket as acandidate in any general, municipal, or special election followingthat primary election or convention.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.427.
IC 3-13-2-11
Validity of certificate of candidate selection
Sec. 11. (a) All questions concerning the validity of a certificate
of 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 fourteen (14) daysbefore general election day.
(b) All questions concerning the validity of a certificate ofcandidate selection filed with a circuit court clerk shall bedetermined by the county election board. A statement questioning thevalidity of a certificate of candidate selection must be filed with thecounty election board under IC 3-8-1-2(c) not later than noonfourteen (14) days before general election day.
(c) The commission or a county election board shall rule on thevalidity of the certificate of candidate selection not later than noonseven (7) days before general election day.
As added by P.L.3-1995, SEC.131. Amended by P.L.2-1996,SEC.206; P.L.3-1997, SEC.391; P.L.58-2001, SEC.5.
IC 3-13-2-12
Vacancy filled by state committee of certain minor parties
Sec. 12. (a) This section applies to a political party subject toIC 3-8-4-10.
(b) A candidate vacancy under this chapter shall be filled by thestate committee of the political party. The chairman of the statecommittee shall act in accordance with section 8 of this chapter tocertify the candidate selected to fill the vacancy.
As added by P.L.3-1997, SEC.392.