IC 3-13-1-1 Application of chapter
Sec. 1. Except as provided in section 18 or 20 of this chapter, this
chapter applies to the filling of a candidate vacancy that arises for
any reason if the vacancy leaves a major political party without a
candidate for the office and occurs before the thirtieth day before a
general, 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 but
may be filled on following general or municipal election ballot
Sec. 2. A candidate vacancy that exists on a primary election
ballot may not be filled for the primary election. The resulting
vacancy on the following general or municipal election ballot may be
filled in the manner prescribed by this chapter, but only if it is filled
by 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 for
office
Sec. 2.5. A candidate seeking to fill a candidate vacancy under
this chapter must comply with the requirements imposed under
IC 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 for
United States Senator or a state office shall be filled by the state
committee 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 shall
be filled by a caucus comprised by the precinct committeemen of the
political 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 filled
by a caucus comprised by the precinct committeemen of the political
party 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 candidate
vacancy for a local office shall be filled by:
(1) a caucus comprised of the precinct committeemen who are
eligible to participate under section 10 of this chapter; or
(2) the county chairman of the political party or a caucus
comprised of the chairman, vice chairman, secretary, and
treasurer of the county committee of the party, if:
(A) authorized to fill vacancies under this chapter by
majority vote of the county committee; and
(B) the election district for the local office is entirely within
one (1) county.
(b) A candidate vacancy for the office of circuit court judge or
prosecuting attorney in a circuit having more than one (1) county
shall be filled by a caucus comprised of the precinct committeemen
who constitute the county committees of the political party for all of
the 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 a
candidate vacancy must be taken:
(1) not later than noon June 30 after the primary election if the
vacancy 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 to
section 2 of this chapter.
(b) This subsection applies to a candidate vacancy that exists
before the thirtieth day before a general, municipal, or special
election 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 this
chapter for reasons permitted under this subsection must be taken
within 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 or
designated party
Sec. 8. A meeting under section 7 of this chapter shall be called
and chaired by:
(1) the state chairman, or a person designated by the state
chairman, 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 greatest
percentage of the population of the election district is located,
for a caucus or committee acting under section 6(a) of this
chapter. 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 the
meeting, to all persons eligible to participate in the meeting; and
(6) be filed at least ten (10) days before the meeting with the
official who is required to receive a certificate of candidate
selection 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 under
section 7 of this chapter, an elected precinct committeeman must be
entitled to vote for the office for which a candidate is to be selected.
An elected precinct committeeman is eligible to participate in a
caucus called under this chapter, regardless of when the ballot
vacancy occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under section 7 of this chapter if the precinct
committeeman was a committeeman thirty (30) days before the
vacancy occurred.
(c) For purposes of a candidate vacancy resulting from the failure
of a candidate to be nominated at a primary at which precinct
committeemen were elected, an appointed precinct committeeman is
eligible to serve if the committeeman has been reappointed following
the primary in accordance with the rules of the committeeman's
political 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 for
appointment to fill a candidate vacancy under this chapter must file
a declaration of candidacy on a form prescribed by the commission
with:
(1) the chairman of the caucus; and
(2) the official who is required to receive a certificate of
candidate selection following the caucus under section 15 of
this chapter;
at least seventy-two (72) hours before the time fixed for the caucus.
(b) A candidate's declaration of candidacy must include a
statement that the candidate requests the name on the candidate's
voter registration record be the same as the name the candidate uses
on the declaration of candidacy. If there is a difference between the
name on the candidate's declaration of candidacy and the name on
the candidate's voter registration record, the officer with whom the
declaration of candidacy is filed shall forward the information to the
voter registration officer of the appropriate county as required by
IC 3-5-7-6(e). The voter registration officer of the appropriate county
shall change the name on the candidate's voter registration record to
be 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 otherwise
provided in this chapter; and
(2) select, by a majority vote of those casting a vote for a
candidate, a person to fill the candidate vacancy described in
the call for the meeting.
(b) If more than one (1) person seeks to fill the vacancy, the
selection 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 proxy
is not permitted in a caucus called under section 7 of this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus called under section 7 of this chapter and vote as a proxy for
the vice committeeman's precinct committeeman if all of the
following apply:
(1) The vice committeeman's precinct committeeman is
otherwise eligible to participate in the caucus under this
chapter.
(2) The vice committeeman's precinct committeeman is not
present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman
is eligible to participate in a caucus called under section 7 of this
chapter and vote the precinct committeeman's proxy, regardless of
when the ballot vacancy occurred, 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), the
vice committeeman is eligible to participate in a caucus called under
section 7 of this chapter and vote the precinct committeeman's proxy
only 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 under
section 3, 4, 5, or 6(b) of this chapter, the chairman of the meeting
may cast the tiebreaking vote. If a tie vote occurs among participants
acting under section 6(a) of this chapter, the county chairman may
cast 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 a
candidate vacancy for an office under section 6(a) of this chapter, the
county chairman entitled to call the meeting under section 8 of this
chapter 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 of
economic interest as prerequisite
Sec. 14. The selection of a person as a candidate under this
chapter is not effective unless:
(1) the person's written consent is obtained and filed:
(A) in the office in which certificates and petitions of
nomination must be filed; and
(B) not later than when the certificate is filed; and
(2) the candidate has complied with any requirement under
IC 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 under
section 6(a)(2) of this chapter or the chairman of a meeting filling a
candidate vacancy under this chapter shall file a written certificate
of candidate selection on a form prescribed by the commission
stating the following information for each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on
the ballot; and
(B) the candidate's name is permitted to appear on the ballot
under 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 this
chapter; or
(B) a committee acting under section 6(a) of this chapter to
fill a candidate vacancy in the office of judge of a circuit,
superior, probate, county, or small claims court or
prosecuting attorney; or
(2) the circuit court clerk, for a committee acting under section
6(a) of this chapter to fill a candidate vacancy for a local office
not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from
a vacancy on the primary election ballot as described in section 2 of
this chapter. The certificate required by subsection (a) shall be filed
not later than noon July 3 before election day.
(d) This subsection applies to all candidate vacancies not
described by subsection (c). The certificate required by subsection
(a) shall be filed not more than three (3) days (excluding Saturdays
and 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 clerk
with a certified list of the name and address of each candidate
selected under section 15 of this chapter. If a certificate of candidate
selection filed with the election division is questioned under
IC 3-8-1-2, the election division shall indicate on the certified list
that candidate's name is not to be printed on the ballot until the
question is resolved by the commission or a court with jurisdiction
in 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 and
determination
Sec. 16.5. (a) All questions concerning the validity of a certificate
of candidate selection filed with the election division shall be
determined by the commission. A statement questioning the validity
of a certificate of candidate selection must be filed with the election
division 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 will
be held for the office.
(b) All questions concerning the validity of a certificate of
candidate selection filed with a circuit court clerk shall be referred
to and determined by the county election board. A statement
questioning the validity of a certificate of candidate selection must
be filed with the county election board 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 will be held for the office.
(c) The commission or a county election board shall rule on the
validity of the certificate of candidate selection not later than noon
sixty (60) days before the date on which the general or municipal
election 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; selection
of candidate
Sec. 17. A candidate vacancy exists when a tie vote occurs for an
office in a primary election. The candidate vacancy shall be filled
under 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 minor
parties
Sec. 18. (a) If a candidate vacancy occurs in a town subject to
IC 3-8-5 for any office on the ticket of a political party whose
candidates were selected by petition of nomination, the vacancy may
be filled only as prescribed by this section.
(b) To fill the vacancy, the town chairman of the party must file
a certificate of candidate selection together with the consent required
by section 14 of this chapter with the official with whom certificates
must be filed. The certificate of candidate selection must be filed not
later than the date and hour that a certificate of nomination by a town
convention 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 a
town or state convention is eligible to be appointed by the political
party that the person affiliated with by voting in the most recent
primary election held by that party. The person selected may fill any
vacancy on the party's ticket as a candidate in any general, municipal,
or special election following that primary election or convention in
which the vacancy occurred. However, a person is not disqualified
from appointment under this section for not having voted in the most
recent primary election if the appointee is certified as a member of
that party by the county chairman for the county in which the
appointee 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 to
IC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12.
(b) A candidate vacancy that exists following the convention of
the party shall be filled by the state committee of the political party
not later than the date and time specified by section 7(a)(1) of this
chapter for a major political party to fill a candidate vacancy. The
chairman of the state committee shall file a notice of intent to fill the
candidate vacancy with the official who is required to receive a
certificate of candidate selection under section 15 of this chapter.
The notice must be filed not later than ten (10) days before the
chairman fills the candidate vacancy. The chairman of the state
committee shall act in accordance with section 15 of this chapter to
certify the candidate selected to fill the vacancy.
(c) This subsection applies to a candidate vacancy resulting from
a vacancy on the general election ballot resulting from the failure of
the convention to nominate a candidate for an office. The certificate
required by subsection (b) shall be filed not later than the date and
time specified by section 15(c) of this chapter for a major political
party to file a certificate of candidate selection.
(d) This subsection applies to all candidate vacancies not
described by subsection (c). If a candidate vacancy occurs as a result
of:
(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 of
time that a major political party is permitted to fill a candidate
vacancy under section 7(b) of this chapter.
(e) The certificate required by subsection (b) shall be filed within
the period of time required under section 15(d) of this chapter for a
major political party to file the certificate after selection of the
candidates.
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.
IC 3-13-1-1 Application of chapter
Sec. 1. Except as provided in section 18 or 20 of this chapter, this
chapter applies to the filling of a candidate vacancy that arises for
any reason if the vacancy leaves a major political party without a
candidate for the office and occurs before the thirtieth day before a
general, 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 but
may be filled on following general or municipal election ballot
Sec. 2. A candidate vacancy that exists on a primary election
ballot may not be filled for the primary election. The resulting
vacancy on the following general or municipal election ballot may be
filled in the manner prescribed by this chapter, but only if it is filled
by 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 for
office
Sec. 2.5. A candidate seeking to fill a candidate vacancy under
this chapter must comply with the requirements imposed under
IC 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 for
United States Senator or a state office shall be filled by the state
committee 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 shall
be filled by a caucus comprised by the precinct committeemen of the
political 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 filled
by a caucus comprised by the precinct committeemen of the political
party 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 candidate
vacancy for a local office shall be filled by:
(1) a caucus comprised of the precinct committeemen who are
eligible to participate under section 10 of this chapter; or
(2) the county chairman of the political party or a caucus
comprised of the chairman, vice chairman, secretary, and
treasurer of the county committee of the party, if:
(A) authorized to fill vacancies under this chapter by
majority vote of the county committee; and
(B) the election district for the local office is entirely within
one (1) county.
(b) A candidate vacancy for the office of circuit court judge or
prosecuting attorney in a circuit having more than one (1) county
shall be filled by a caucus comprised of the precinct committeemen
who constitute the county committees of the political party for all of
the 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 a
candidate vacancy must be taken:
(1) not later than noon June 30 after the primary election if the
vacancy 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 to
section 2 of this chapter.
(b) This subsection applies to a candidate vacancy that exists
before the thirtieth day before a general, municipal, or special
election 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 this
chapter for reasons permitted under this subsection must be taken
within 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 or
designated party
Sec. 8. A meeting under section 7 of this chapter shall be called
and chaired by:
(1) the state chairman, or a person designated by the state
chairman, 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 greatest
percentage of the population of the election district is located,
for a caucus or committee acting under section 6(a) of this
chapter. 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 the
meeting, to all persons eligible to participate in the meeting; and
(6) be filed at least ten (10) days before the meeting with the
official who is required to receive a certificate of candidate
selection 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 under
section 7 of this chapter, an elected precinct committeeman must be
entitled to vote for the office for which a candidate is to be selected.
An elected precinct committeeman is eligible to participate in a
caucus called under this chapter, regardless of when the ballot
vacancy occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under section 7 of this chapter if the precinct
committeeman was a committeeman thirty (30) days before the
vacancy occurred.
(c) For purposes of a candidate vacancy resulting from the failure
of a candidate to be nominated at a primary at which precinct
committeemen were elected, an appointed precinct committeeman is
eligible to serve if the committeeman has been reappointed following
the primary in accordance with the rules of the committeeman's
political 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 for
appointment to fill a candidate vacancy under this chapter must file
a declaration of candidacy on a form prescribed by the commission
with:
(1) the chairman of the caucus; and
(2) the official who is required to receive a certificate of
candidate selection following the caucus under section 15 of
this chapter;
at least seventy-two (72) hours before the time fixed for the caucus.
(b) A candidate's declaration of candidacy must include a
statement that the candidate requests the name on the candidate's
voter registration record be the same as the name the candidate uses
on the declaration of candidacy. If there is a difference between the
name on the candidate's declaration of candidacy and the name on
the candidate's voter registration record, the officer with whom the
declaration of candidacy is filed shall forward the information to the
voter registration officer of the appropriate county as required by
IC 3-5-7-6(e). The voter registration officer of the appropriate county
shall change the name on the candidate's voter registration record to
be 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 otherwise
provided in this chapter; and
(2) select, by a majority vote of those casting a vote for a
candidate, a person to fill the candidate vacancy described in
the call for the meeting.
(b) If more than one (1) person seeks to fill the vacancy, the
selection 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 proxy
is not permitted in a caucus called under section 7 of this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus called under section 7 of this chapter and vote as a proxy for
the vice committeeman's precinct committeeman if all of the
following apply:
(1) The vice committeeman's precinct committeeman is
otherwise eligible to participate in the caucus under this
chapter.
(2) The vice committeeman's precinct committeeman is not
present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman
is eligible to participate in a caucus called under section 7 of this
chapter and vote the precinct committeeman's proxy, regardless of
when the ballot vacancy occurred, 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), the
vice committeeman is eligible to participate in a caucus called under
section 7 of this chapter and vote the precinct committeeman's proxy
only 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 under
section 3, 4, 5, or 6(b) of this chapter, the chairman of the meeting
may cast the tiebreaking vote. If a tie vote occurs among participants
acting under section 6(a) of this chapter, the county chairman may
cast 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 a
candidate vacancy for an office under section 6(a) of this chapter, the
county chairman entitled to call the meeting under section 8 of this
chapter 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 of
economic interest as prerequisite
Sec. 14. The selection of a person as a candidate under this
chapter is not effective unless:
(1) the person's written consent is obtained and filed:
(A) in the office in which certificates and petitions of
nomination must be filed; and
(B) not later than when the certificate is filed; and
(2) the candidate has complied with any requirement under
IC 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 under
section 6(a)(2) of this chapter or the chairman of a meeting filling a
candidate vacancy under this chapter shall file a written certificate
of candidate selection on a form prescribed by the commission
stating the following information for each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on
the ballot; and
(B) the candidate's name is permitted to appear on the ballot
under 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 this
chapter; or
(B) a committee acting under section 6(a) of this chapter to
fill a candidate vacancy in the office of judge of a circuit,
superior, probate, county, or small claims court or
prosecuting attorney; or
(2) the circuit court clerk, for a committee acting under section
6(a) of this chapter to fill a candidate vacancy for a local office
not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from
a vacancy on the primary election ballot as described in section 2 of
this chapter. The certificate required by subsection (a) shall be filed
not later than noon July 3 before election day.
(d) This subsection applies to all candidate vacancies not
described by subsection (c). The certificate required by subsection
(a) shall be filed not more than three (3) days (excluding Saturdays
and 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 clerk
with a certified list of the name and address of each candidate
selected under section 15 of this chapter. If a certificate of candidate
selection filed with the election division is questioned under
IC 3-8-1-2, the election division shall indicate on the certified list
that candidate's name is not to be printed on the ballot until the
question is resolved by the commission or a court with jurisdiction
in 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 and
determination
Sec. 16.5. (a) All questions concerning the validity of a certificate
of candidate selection filed with the election division shall be
determined by the commission. A statement questioning the validity
of a certificate of candidate selection must be filed with the election
division 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 will
be held for the office.
(b) All questions concerning the validity of a certificate of
candidate selection filed with a circuit court clerk shall be referred
to and determined by the county election board. A statement
questioning the validity of a certificate of candidate selection must
be filed with the county election board 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 will be held for the office.
(c) The commission or a county election board shall rule on the
validity of the certificate of candidate selection not later than noon
sixty (60) days before the date on which the general or municipal
election 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; selection
of candidate
Sec. 17. A candidate vacancy exists when a tie vote occurs for an
office in a primary election. The candidate vacancy shall be filled
under 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 minor
parties
Sec. 18. (a) If a candidate vacancy occurs in a town subject to
IC 3-8-5 for any office on the ticket of a political party whose
candidates were selected by petition of nomination, the vacancy may
be filled only as prescribed by this section.
(b) To fill the vacancy, the town chairman of the party must file
a certificate of candidate selection together with the consent required
by section 14 of this chapter with the official with whom certificates
must be filed. The certificate of candidate selection must be filed not
later than the date and hour that a certificate of nomination by a town
convention 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 a
town or state convention is eligible to be appointed by the political
party that the person affiliated with by voting in the most recent
primary election held by that party. The person selected may fill any
vacancy on the party's ticket as a candidate in any general, municipal,
or special election following that primary election or convention in
which the vacancy occurred. However, a person is not disqualified
from appointment under this section for not having voted in the most
recent primary election if the appointee is certified as a member of
that party by the county chairman for the county in which the
appointee 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 to
IC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12.
(b) A candidate vacancy that exists following the convention of
the party shall be filled by the state committee of the political party
not later than the date and time specified by section 7(a)(1) of this
chapter for a major political party to fill a candidate vacancy. The
chairman of the state committee shall file a notice of intent to fill the
candidate vacancy with the official who is required to receive a
certificate of candidate selection under section 15 of this chapter.
The notice must be filed not later than ten (10) days before the
chairman fills the candidate vacancy. The chairman of the state
committee shall act in accordance with section 15 of this chapter to
certify the candidate selected to fill the vacancy.
(c) This subsection applies to a candidate vacancy resulting from
a vacancy on the general election ballot resulting from the failure of
the convention to nominate a candidate for an office. The certificate
required by subsection (b) shall be filed not later than the date and
time specified by section 15(c) of this chapter for a major political
party to file a certificate of candidate selection.
(d) This subsection applies to all candidate vacancies not
described by subsection (c). If a candidate vacancy occurs as a result
of:
(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 of
time that a major political party is permitted to fill a candidate
vacancy under section 7(b) of this chapter.
(e) The certificate required by subsection (b) shall be filed within
the period of time required under section 15(d) of this chapter for a
major political party to file the certificate after selection of the
candidates.
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.
IC 3-13-1-1 Application of chapter
Sec. 1. Except as provided in section 18 or 20 of this chapter, this
chapter applies to the filling of a candidate vacancy that arises for
any reason if the vacancy leaves a major political party without a
candidate for the office and occurs before the thirtieth day before a
general, 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 but
may be filled on following general or municipal election ballot
Sec. 2. A candidate vacancy that exists on a primary election
ballot may not be filled for the primary election. The resulting
vacancy on the following general or municipal election ballot may be
filled in the manner prescribed by this chapter, but only if it is filled
by 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 for
office
Sec. 2.5. A candidate seeking to fill a candidate vacancy under
this chapter must comply with the requirements imposed under
IC 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 for
United States Senator or a state office shall be filled by the state
committee 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 shall
be filled by a caucus comprised by the precinct committeemen of the
political 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 filled
by a caucus comprised by the precinct committeemen of the political
party 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 candidate
vacancy for a local office shall be filled by:
(1) a caucus comprised of the precinct committeemen who are
eligible to participate under section 10 of this chapter; or
(2) the county chairman of the political party or a caucus
comprised of the chairman, vice chairman, secretary, and
treasurer of the county committee of the party, if:
(A) authorized to fill vacancies under this chapter by
majority vote of the county committee; and
(B) the election district for the local office is entirely within
one (1) county.
(b) A candidate vacancy for the office of circuit court judge or
prosecuting attorney in a circuit having more than one (1) county
shall be filled by a caucus comprised of the precinct committeemen
who constitute the county committees of the political party for all of
the 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 a
candidate vacancy must be taken:
(1) not later than noon June 30 after the primary election if the
vacancy 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 to
section 2 of this chapter.
(b) This subsection applies to a candidate vacancy that exists
before the thirtieth day before a general, municipal, or special
election 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 this
chapter for reasons permitted under this subsection must be taken
within 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 or
designated party
Sec. 8. A meeting under section 7 of this chapter shall be called
and chaired by:
(1) the state chairman, or a person designated by the state
chairman, 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 greatest
percentage of the population of the election district is located,
for a caucus or committee acting under section 6(a) of this
chapter. 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 the
meeting, to all persons eligible to participate in the meeting; and
(6) be filed at least ten (10) days before the meeting with the
official who is required to receive a certificate of candidate
selection 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 under
section 7 of this chapter, an elected precinct committeeman must be
entitled to vote for the office for which a candidate is to be selected.
An elected precinct committeeman is eligible to participate in a
caucus called under this chapter, regardless of when the ballot
vacancy occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under section 7 of this chapter if the precinct
committeeman was a committeeman thirty (30) days before the
vacancy occurred.
(c) For purposes of a candidate vacancy resulting from the failure
of a candidate to be nominated at a primary at which precinct
committeemen were elected, an appointed precinct committeeman is
eligible to serve if the committeeman has been reappointed following
the primary in accordance with the rules of the committeeman's
political 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 for
appointment to fill a candidate vacancy under this chapter must file
a declaration of candidacy on a form prescribed by the commission
with:
(1) the chairman of the caucus; and
(2) the official who is required to receive a certificate of
candidate selection following the caucus under section 15 of
this chapter;
at least seventy-two (72) hours before the time fixed for the caucus.
(b) A candidate's declaration of candidacy must include a
statement that the candidate requests the name on the candidate's
voter registration record be the same as the name the candidate uses
on the declaration of candidacy. If there is a difference between the
name on the candidate's declaration of candidacy and the name on
the candidate's voter registration record, the officer with whom the
declaration of candidacy is filed shall forward the information to the
voter registration officer of the appropriate county as required by
IC 3-5-7-6(e). The voter registration officer of the appropriate county
shall change the name on the candidate's voter registration record to
be 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 otherwise
provided in this chapter; and
(2) select, by a majority vote of those casting a vote for a
candidate, a person to fill the candidate vacancy described in
the call for the meeting.
(b) If more than one (1) person seeks to fill the vacancy, the
selection 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 proxy
is not permitted in a caucus called under section 7 of this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus called under section 7 of this chapter and vote as a proxy for
the vice committeeman's precinct committeeman if all of the
following apply:
(1) The vice committeeman's precinct committeeman is
otherwise eligible to participate in the caucus under this
chapter.
(2) The vice committeeman's precinct committeeman is not
present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman
is eligible to participate in a caucus called under section 7 of this
chapter and vote the precinct committeeman's proxy, regardless of
when the ballot vacancy occurred, 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), the
vice committeeman is eligible to participate in a caucus called under
section 7 of this chapter and vote the precinct committeeman's proxy
only 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 under
section 3, 4, 5, or 6(b) of this chapter, the chairman of the meeting
may cast the tiebreaking vote. If a tie vote occurs among participants
acting under section 6(a) of this chapter, the county chairman may
cast 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 a
candidate vacancy for an office under section 6(a) of this chapter, the
county chairman entitled to call the meeting under section 8 of this
chapter 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 of
economic interest as prerequisite
Sec. 14. The selection of a person as a candidate under this
chapter is not effective unless:
(1) the person's written consent is obtained and filed:
(A) in the office in which certificates and petitions of
nomination must be filed; and
(B) not later than when the certificate is filed; and
(2) the candidate has complied with any requirement under
IC 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 under
section 6(a)(2) of this chapter or the chairman of a meeting filling a
candidate vacancy under this chapter shall file a written certificate
of candidate selection on a form prescribed by the commission
stating the following information for each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on
the ballot; and
(B) the candidate's name is permitted to appear on the ballot
under 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 this
chapter; or
(B) a committee acting under section 6(a) of this chapter to
fill a candidate vacancy in the office of judge of a circuit,
superior, probate, county, or small claims court or
prosecuting attorney; or
(2) the circuit court clerk, for a committee acting under section
6(a) of this chapter to fill a candidate vacancy for a local office
not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from
a vacancy on the primary election ballot as described in section 2 of
this chapter. The certificate required by subsection (a) shall be filed
not later than noon July 3 before election day.
(d) This subsection applies to all candidate vacancies not
described by subsection (c). The certificate required by subsection
(a) shall be filed not more than three (3) days (excluding Saturdays
and 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 clerk
with a certified list of the name and address of each candidate
selected under section 15 of this chapter. If a certificate of candidate
selection filed with the election division is questioned under
IC 3-8-1-2, the election division shall indicate on the certified list
that candidate's name is not to be printed on the ballot until the
question is resolved by the commission or a court with jurisdiction
in 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 and
determination
Sec. 16.5. (a) All questions concerning the validity of a certificate
of candidate selection filed with the election division shall be
determined by the commission. A statement questioning the validity
of a certificate of candidate selection must be filed with the election
division 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 will
be held for the office.
(b) All questions concerning the validity of a certificate of
candidate selection filed with a circuit court clerk shall be referred
to and determined by the county election board. A statement
questioning the validity of a certificate of candidate selection must
be filed with the county election board 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 will be held for the office.
(c) The commission or a county election board shall rule on the
validity of the certificate of candidate selection not later than noon
sixty (60) days before the date on which the general or municipal
election 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; selection
of candidate
Sec. 17. A candidate vacancy exists when a tie vote occurs for an
office in a primary election. The candidate vacancy shall be filled
under 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 minor
parties
Sec. 18. (a) If a candidate vacancy occurs in a town subject to
IC 3-8-5 for any office on the ticket of a political party whose
candidates were selected by petition of nomination, the vacancy may
be filled only as prescribed by this section.
(b) To fill the vacancy, the town chairman of the party must file
a certificate of candidate selection together with the consent required
by section 14 of this chapter with the official with whom certificates
must be filed. The certificate of candidate selection must be filed not
later than the date and hour that a certificate of nomination by a town
convention 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 a
town or state convention is eligible to be appointed by the political
party that the person affiliated with by voting in the most recent
primary election held by that party. The person selected may fill any
vacancy on the party's ticket as a candidate in any general, municipal,
or special election following that primary election or convention in
which the vacancy occurred. However, a person is not disqualified
from appointment under this section for not having voted in the most
recent primary election if the appointee is certified as a member of
that party by the county chairman for the county in which the
appointee 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 to
IC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12.
(b) A candidate vacancy that exists following the convention of
the party shall be filled by the state committee of the political party
not later than the date and time specified by section 7(a)(1) of this
chapter for a major political party to fill a candidate vacancy. The
chairman of the state committee shall file a notice of intent to fill the
candidate vacancy with the official who is required to receive a
certificate of candidate selection under section 15 of this chapter.
The notice must be filed not later than ten (10) days before the
chairman fills the candidate vacancy. The chairman of the state
committee shall act in accordance with section 15 of this chapter to
certify the candidate selected to fill the vacancy.
(c) This subsection applies to a candidate vacancy resulting from
a vacancy on the general election ballot resulting from the failure of
the convention to nominate a candidate for an office. The certificate
required by subsection (b) shall be filed not later than the date and
time specified by section 15(c) of this chapter for a major political
party to file a certificate of candidate selection.
(d) This subsection applies to all candidate vacancies not
described by subsection (c). If a candidate vacancy occurs as a result
of:
(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 of
time that a major political party is permitted to fill a candidate
vacancy under section 7(b) of this chapter.
(e) The certificate required by subsection (b) shall be filed within
the period of time required under section 15(d) of this chapter for a
major political party to file the certificate after selection of the
candidates.
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.
