CHAPTER 6. NOTICE OF DEATH OF AN OFFICEHOLDER

IC 5-8-6
    Chapter 6. Notice of Death of an Officeholder

IC 5-8-6-1
Applicability
    Sec. 1. This chapter applies when a vacancy must be filled under:
        (1) IC 3-13-4;
        (2) IC 3-13-5;
        (3) IC 3-13-6;
        (4) IC 3-13-7;
        (5) IC 3-13-8;
        (6) IC 3-13-9;
        (7) IC 3-13-10;
        (8) IC 3-13-11; or
        (9) IC 20;
due to the death of an officeholder.
As added by P.L.119-2005, SEC.29.

IC 5-8-6-2
"Officeholder"
    Sec. 2. As used in this chapter, "officeholder" refers to a personwho holds a state office, legislative office, local office, or schoolboard office (as those terms are defined in IC 3-5-2).
As added by P.L.119-2005, SEC.29.

IC 5-8-6-3
Certification of officeholder's death
    Sec. 3. (a) A person who knows of the death of an officeholdermay certify the death to the following:
        (1) The governor, in the case of the death of any of thefollowing:
            (A) An individual who holds a state office (as defined inIC 3-5-2-48).
            (B) An individual who is a judge of a circuit, superior,probate, county, or city court.
        (2) The secretary of state, in the case of the death of anindividual who holds a legislative office (as defined inIC-3-5-2-28).
        (3) The circuit court clerk of the county in which theofficeholder resided, in the case of the death of an officeholderof a county, city, town, township, or school corporation notcovered under subdivision (1).
    (b) A person who certifies the death of an officeholder shall:
        (1) state the information that causes the person to believe theofficeholder has died; and
        (2) certify, under the penalties for perjury, that to the best of theperson's knowledge and belief, the information stated is true.
As added by P.L.119-2005, SEC.29.
IC 5-8-6-4
Vacancies filled by governor
    Sec. 4. When the governor:
        (1) obtains information concerning the death of an individualwho:
            (A) holds a state office (as defined in IC 3-5-2-48); or
            (B) is a judge of a circuit, superior, probate, county, or citycourt; and
        (2) is reasonably satisfied that the information described insubdivision (1) is true;
the governor shall fill the vacancy as provided by law.
As added by P.L.119-2005, SEC.29.

IC 5-8-6-5
Secretary of state's notice
    Sec. 5. (a) When the secretary of state:
        (1) obtains information concerning the death of an individualwho holds a legislative office (as defined in IC 3-5-2-28); and
        (2) is reasonably satisfied that the information described insubdivision (1) is true;
the secretary of state shall give notice of the death to the statechairman of the political party that elected or selected the deceasedindividual.
    (b) The secretary of state shall give the notice required bysubsection (a) not later than seventy-two (72) hours after therequirements of subsection (a)(1) and (a)(2) are satisfied.
As added by P.L.119-2005, SEC.29.

IC 5-8-6-6
Circuit court clerk's notice
    Sec. 6. (a) When a circuit court clerk:
        (1) obtains information concerning the death of an officeholderof a county, city, town, township, or school corporation notsubject to section 4 of this chapter; and
        (2) is reasonably satisfied that the information described insubdivision (1) is true;
the circuit court clerk shall give notice of the death to the persondescribed in subsection (b).
    (b) The circuit court clerk shall give the notice required bysubsection (a) to:
        (1) the person who must give notice of any meeting or caucusrequired to fill the vacancy caused by the death; or
        (2) if a meeting or caucus is not required to fill the vacancy, theperson who has the power to fill the vacancy.
    (c) The circuit court clerk shall give the notice required bysubsection (a) not later than seventy-two (72) hours after therequirements of subsection (a)(1) and (a)(2) are satisfied.
As added by P.L.119-2005, SEC.29.