CHAPTER 5. VACANCIES IN LEGISLATIVE OFFICES
IC 3-13-5
Chapter 5. Vacancies in Legislative Offices
IC 3-13-5-0.1
Application of chapter; legislative office held by person elected orselected by major political party; filling legislative vacancy
Sec. 0.1. (a) This chapter applies only to a vacancy in a legislativeoffice that was last held by a person elected or selected as acandidate of a major political party of the state.
(b) A vacancy in a legislative office that was last held by a personelected or selected as a candidate of a political party described byIC 3-8-4-10 shall be filled by the state committee of the politicalparty. The state chairman of the party shall certify the selection of anindividual to fill the vacancy in the manner prescribed under section6 of this chapter.
(c) A vacancy in a legislative office that was last held by a personnot described in subsection (a) or (b) shall be filled by a specialelection held as provided in IC 3-10-8.
As added by P.L.164-2006, SEC.130.
IC 3-13-5-1
Caucus selection of successor
Sec. 1. (a) A vacancy in a legislative office shall be filled by acaucus comprised of the precinct committeemen from the senate orhouse district where the vacancy exists who represent the samepolitical party that elected or selected the person who held thevacated seat.
(b) Not later than thirty (30) days after the vacancy occurs (or asprovided in subsections (c) and (d)), the caucus shall meet and selecta person to fill the vacancy by a majority vote of those casting a votefor a candidate, including vice committeemen eligible to vote as aproxy under section 5 of this chapter.
(c) A state chairman may give notice of a caucus before the timespecified under subsection (b) if a vacancy will exist because theofficial has:
(1) submitted a written resignation under IC 5-8-3.5 that has notyet taken effect; or
(2) been elected to another office.
(d) If a vacancy in a legislative office exists because of the deathof the legislator, the caucus shall meet and select a person to fill thevacancy not later than thirty (30) days after the state chairmanreceives notice of the death of the legislator from the secretary ofstate under IC 5-8-6.
(e) 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 the caucus underthis chapter.
(f) The person selected must reside in the district where thevacancy occurred.As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.2;P.L.3-1987, SEC.431; P.L.10-1988, SEC.191; P.L.3-1997, SEC.393;P.L.26-2000, SEC.26; P.L.119-2005, SEC.2.
IC 3-13-5-2
Meeting; place, date, and time
Sec. 2. (a) The state chairman of the political party that elected orselected the person who held the vacated seat shall set the place,date, and time of a caucus meeting. The chairman shall send a notice,by first class mail, of the purpose, place, date, and time of themeeting to all precinct committeemen in the caucus at least ten (10)days before the meeting.
(b) If a vacancy in a legislative office exists because of the deathof the legislator, the state chairman may not send the notice requiredby subsection (a) until the state chairman receives notice of the deathfrom the secretary of state under IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.192;P.L.119-2005, SEC.3.
IC 3-13-5-3
Presiding officer at caucus meeting; candidate filings; rules ofprocedure
Sec. 3. (a) The state chairman shall preside over a caucus meetingheld under this chapter.
(b) A person who desires to be a candidate to fill a vacancy underthis chapter must file:
(1) a declaration of candidacy with the chairman of the caucus;and
(2) a statement of economic interests under IC 2-2.1-3-2 withthe secretary of the senate or principal clerk of the house ofrepresentatives;
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, thechairman and precinct committeemen may adopt rules of procedurethat are necessary to conduct business.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.432.
IC 3-13-5-4
Precinct committeeman to have one vote; eligibility
Sec. 4. (a) To be eligible to participate in a caucus called underthis chapter, an elected precinct committeeman must be entitled tovote for the legislative office for which a successor is to be selected.An elected precinct committeeman is eligible to participate in acaucus called under this chapter, regardless of when the vacancy inthe legislative office occurred.
(b) An appointed precinct committeeman is eligible to participatein a caucus called under this chapter if the precinct committeemanwas a committeeman thirty (30) days before the vacancy occurred.
(c) An individual eligible to participate in a caucus held under thischapter has one (1) vote.As added by P.L.5-1986, SEC.9. Amended by P.L.38-1999, SEC.64;P.L.176-1999, SEC.115; P.L.26-2000, SEC.27.
IC 3-13-5-5
Voting by proxy
Sec. 5. (a) Except as provided in this section, voting by proxy isnot allowed 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 legislative 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 ballotvacancy occurred, if the vice committeeman was the vicecommitteeman 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 ballot vacancy occurred.
(e) Voting shall be conducted by secret ballot, andIC 5-14-1.5-3(b) does not apply to this chapter.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.3;P.L.10-1988, SEC.193; P.L.3-1997, SEC.394; P.L.26-2000, SEC.28.
IC 3-13-5-6
Certification of name of person selected to president pro temporeof senate or speaker of house of representatives; transmittal tosecretary of state
Sec. 6. The state chairman shall certify the name of the personselected under section 1 of this chapter to the president pro temporeof the senate or the speaker of the house of representatives, asappropriate, who shall acknowledge receipt of the certification,submit a copy of the certificate to be included in the journal of thehouse or senate:
(1) of the day when the individual is seated; or
(2) if the certificate is received after the adjournment sine dieof the general assembly, of the first day that the chamber is insession following receipt of the certificate;
and immediately forward the certificate to the secretary of state.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1997, SEC.395.
IC 3-13-5-7
Secretary of state to certify person selected to fill vacated seat
Sec. 7. The secretary of state shall, within fourteen (14) days afterreceipt of the certification under section 6 of this chapter, certify theperson selected to fill the vacated seat.
As added by P.L.5-1986, SEC.9.
IC 3-13-5-8
Rights and duties of person selected to fill vacancy
Sec. 8. A person certified to fill a vacancy under this chapter hasall the rights and duties of a member of the general assembly electedat a general election. The person serves for the remainder of theunexpired term.
As added by P.L.5-1986, SEC.9.
IC 3-13-5-9
Determination of house of general assembly that person should notbe seated because of ineligibility; filling of seat; constitutionaleligibility requirements
Sec. 9. If a house of the general assembly determines that a personshould not be seated as a member of that house because that personwas ineligible to hold the seat for which a certificate of election hasbeen issued by the secretary of state, the seat shall be filled underthis chapter. A person selected to fill a vacant seat under this sectionmust meet all requirements set forth in Article 4, Section 7 of theConstitution of the State of Indiana as of the date of the generalelection for which the ineligible person who was not seated receiveda certificate of election.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.433.
IC 3-13-5-10
Vacancies; eligible candidates
Sec. 10. The person who last held a vacated legislative office maynot be a candidate for selection to fill a vacancy in that office underthis chapter for the remainder of the term.
As added by P.L.8-1986, SEC.4.