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 or
selected by major political party; filling legislative vacancy
Sec. 0.1. (a) This chapter applies only to a vacancy in a legislative
office that was last held by a person elected or selected as a
candidate of a major political party of the state.
(b) A vacancy in a legislative office that was last held by a person
elected or selected as a candidate of a political party described by
IC 3-8-4-10 shall be filled by the state committee of the political
party. The state chairman of the party shall certify the selection of an
individual to fill the vacancy in the manner prescribed under section
6 of this chapter.
(c) A vacancy in a legislative office that was last held by a person
not described in subsection (a) or (b) shall be filled by a special
election 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 a
caucus comprised of the precinct committeemen from the senate or
house district where the vacancy exists who represent the same
political party that elected or selected the person who held the
vacated seat.
(b) Not later than thirty (30) days after the vacancy occurs (or as
provided in subsections (c) and (d)), the caucus shall meet and select
a person to fill the vacancy by a majority vote of those casting a vote
for a candidate, including vice committeemen eligible to vote as a
proxy under section 5 of this chapter.
(c) A state chairman may give notice of a caucus before the time
specified under subsection (b) if a vacancy will exist because the
official has:
(1) submitted a written resignation under IC 5-8-3.5 that has not
yet taken effect; or
(2) been elected to another office.
(d) If a vacancy in a legislative office exists because of the death
of the legislator, the caucus shall meet and select a person to fill the
vacancy not later than thirty (30) days after the state chairman
receives notice of the death of the legislator from the secretary of
state under IC 5-8-6.
(e) Notwithstanding IC 5-8-4, a person may not withdraw the
person's resignation after the resignation has been accepted by the
person authorized to accept the resignation less than seventy-two
(72) hours before the announced starting time of the caucus under
this chapter.
(f) The person selected must reside in the district where the
vacancy 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 or
selected 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 the
meeting 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 death
of the legislator, the state chairman may not send the notice required
by subsection (a) until the state chairman receives notice of the death
from 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 of
procedure
Sec. 3. (a) The state chairman shall preside over a caucus meeting
held under this chapter.
(b) A person who desires to be a candidate 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 under IC 2-2.1-3-2 with
the secretary of the senate or principal clerk of the house of
representatives;
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, the
chairman and precinct committeemen may adopt rules of procedure
that 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 under
this chapter, an elected precinct committeeman must be entitled to
vote for the legislative office for which a successor is to be selected.
An elected precinct committeeman is eligible to participate in a
caucus called under this chapter, regardless of when the vacancy in
the legislative office occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under this chapter if the precinct committeeman
was a committeeman thirty (30) days before the vacancy occurred.
(c) An individual eligible to participate in a caucus held under this
chapter 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 is
not allowed in a caucus held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus held under 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. This subdivision is satisfied if the vacancy to be filled
under this chapter resulted from the death of an individual
holding a legislative office who also served as a precinct
committeeman.
(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 held under 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 held under
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.
(e) Voting shall be conducted by secret ballot, and
IC 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 tempore
of senate or speaker of house of representatives; transmittal to
secretary of state
Sec. 6. The state chairman shall certify the name of the person
selected under section 1 of this chapter to the president pro tempore
of the senate or the speaker of the house of representatives, as
appropriate, who shall acknowledge receipt of the certification,
submit a copy of the certificate to be included in the journal of the
house or senate:
(1) of the day when the individual is seated; or
(2) if the certificate is received after the adjournment sine die
of the general assembly, of the first day that the chamber is in
session 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 after
receipt of the certification under section 6 of this chapter, certify the
person 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 has
all the rights and duties of a member of the general assembly elected
at a general election. The person serves for the remainder of the
unexpired term. As added by P.L.5-1986, SEC.9.
IC 3-13-5-9 Determination of house of general assembly that person should not
be seated because of ineligibility; filling of seat; constitutional
eligibility requirements
Sec. 9. If a house of the general assembly determines that a person
should not be seated as a member of that house because that person
was ineligible to hold the seat for which a certificate of election has
been issued by the secretary of state, the seat shall be filled under
this chapter. A person selected to fill a vacant seat under this section
must meet all requirements set forth in Article 4, Section 7 of the
Constitution of the State of Indiana as of the date of the general
election for which the ineligible person who was not seated received
a 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 may
not be a candidate for selection to fill a vacancy in that office under
this chapter for the remainder of the term. As added by P.L.8-1986, SEC.4.
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 or
selected by major political party; filling legislative vacancy
Sec. 0.1. (a) This chapter applies only to a vacancy in a legislative
office that was last held by a person elected or selected as a
candidate of a major political party of the state.
(b) A vacancy in a legislative office that was last held by a person
elected or selected as a candidate of a political party described by
IC 3-8-4-10 shall be filled by the state committee of the political
party. The state chairman of the party shall certify the selection of an
individual to fill the vacancy in the manner prescribed under section
6 of this chapter.
(c) A vacancy in a legislative office that was last held by a person
not described in subsection (a) or (b) shall be filled by a special
election 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 a
caucus comprised of the precinct committeemen from the senate or
house district where the vacancy exists who represent the same
political party that elected or selected the person who held the
vacated seat.
(b) Not later than thirty (30) days after the vacancy occurs (or as
provided in subsections (c) and (d)), the caucus shall meet and select
a person to fill the vacancy by a majority vote of those casting a vote
for a candidate, including vice committeemen eligible to vote as a
proxy under section 5 of this chapter.
(c) A state chairman may give notice of a caucus before the time
specified under subsection (b) if a vacancy will exist because the
official has:
(1) submitted a written resignation under IC 5-8-3.5 that has not
yet taken effect; or
(2) been elected to another office.
(d) If a vacancy in a legislative office exists because of the death
of the legislator, the caucus shall meet and select a person to fill the
vacancy not later than thirty (30) days after the state chairman
receives notice of the death of the legislator from the secretary of
state under IC 5-8-6.
(e) Notwithstanding IC 5-8-4, a person may not withdraw the
person's resignation after the resignation has been accepted by the
person authorized to accept the resignation less than seventy-two
(72) hours before the announced starting time of the caucus under
this chapter.
(f) The person selected must reside in the district where the
vacancy 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 or
selected 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 the
meeting 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 death
of the legislator, the state chairman may not send the notice required
by subsection (a) until the state chairman receives notice of the death
from 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 of
procedure
Sec. 3. (a) The state chairman shall preside over a caucus meeting
held under this chapter.
(b) A person who desires to be a candidate 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 under IC 2-2.1-3-2 with
the secretary of the senate or principal clerk of the house of
representatives;
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, the
chairman and precinct committeemen may adopt rules of procedure
that 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 under
this chapter, an elected precinct committeeman must be entitled to
vote for the legislative office for which a successor is to be selected.
An elected precinct committeeman is eligible to participate in a
caucus called under this chapter, regardless of when the vacancy in
the legislative office occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under this chapter if the precinct committeeman
was a committeeman thirty (30) days before the vacancy occurred.
(c) An individual eligible to participate in a caucus held under this
chapter 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 is
not allowed in a caucus held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus held under 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. This subdivision is satisfied if the vacancy to be filled
under this chapter resulted from the death of an individual
holding a legislative office who also served as a precinct
committeeman.
(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 held under 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 held under
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.
(e) Voting shall be conducted by secret ballot, and
IC 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 tempore
of senate or speaker of house of representatives; transmittal to
secretary of state
Sec. 6. The state chairman shall certify the name of the person
selected under section 1 of this chapter to the president pro tempore
of the senate or the speaker of the house of representatives, as
appropriate, who shall acknowledge receipt of the certification,
submit a copy of the certificate to be included in the journal of the
house or senate:
(1) of the day when the individual is seated; or
(2) if the certificate is received after the adjournment sine die
of the general assembly, of the first day that the chamber is in
session 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 after
receipt of the certification under section 6 of this chapter, certify the
person 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 has
all the rights and duties of a member of the general assembly elected
at a general election. The person serves for the remainder of the
unexpired term. As added by P.L.5-1986, SEC.9.
IC 3-13-5-9 Determination of house of general assembly that person should not
be seated because of ineligibility; filling of seat; constitutional
eligibility requirements
Sec. 9. If a house of the general assembly determines that a person
should not be seated as a member of that house because that person
was ineligible to hold the seat for which a certificate of election has
been issued by the secretary of state, the seat shall be filled under
this chapter. A person selected to fill a vacant seat under this section
must meet all requirements set forth in Article 4, Section 7 of the
Constitution of the State of Indiana as of the date of the general
election for which the ineligible person who was not seated received
a 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 may
not be a candidate for selection to fill a vacancy in that office under
this chapter for the remainder of the term. As added by P.L.8-1986, SEC.4.
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 or
selected by major political party; filling legislative vacancy
Sec. 0.1. (a) This chapter applies only to a vacancy in a legislative
office that was last held by a person elected or selected as a
candidate of a major political party of the state.
(b) A vacancy in a legislative office that was last held by a person
elected or selected as a candidate of a political party described by
IC 3-8-4-10 shall be filled by the state committee of the political
party. The state chairman of the party shall certify the selection of an
individual to fill the vacancy in the manner prescribed under section
6 of this chapter.
(c) A vacancy in a legislative office that was last held by a person
not described in subsection (a) or (b) shall be filled by a special
election 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 a
caucus comprised of the precinct committeemen from the senate or
house district where the vacancy exists who represent the same
political party that elected or selected the person who held the
vacated seat.
(b) Not later than thirty (30) days after the vacancy occurs (or as
provided in subsections (c) and (d)), the caucus shall meet and select
a person to fill the vacancy by a majority vote of those casting a vote
for a candidate, including vice committeemen eligible to vote as a
proxy under section 5 of this chapter.
(c) A state chairman may give notice of a caucus before the time
specified under subsection (b) if a vacancy will exist because the
official has:
(1) submitted a written resignation under IC 5-8-3.5 that has not
yet taken effect; or
(2) been elected to another office.
(d) If a vacancy in a legislative office exists because of the death
of the legislator, the caucus shall meet and select a person to fill the
vacancy not later than thirty (30) days after the state chairman
receives notice of the death of the legislator from the secretary of
state under IC 5-8-6.
(e) Notwithstanding IC 5-8-4, a person may not withdraw the
person's resignation after the resignation has been accepted by the
person authorized to accept the resignation less than seventy-two
(72) hours before the announced starting time of the caucus under
this chapter.
(f) The person selected must reside in the district where the
vacancy 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 or
selected 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 the
meeting 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 death
of the legislator, the state chairman may not send the notice required
by subsection (a) until the state chairman receives notice of the death
from 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 of
procedure
Sec. 3. (a) The state chairman shall preside over a caucus meeting
held under this chapter.
(b) A person who desires to be a candidate 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 under IC 2-2.1-3-2 with
the secretary of the senate or principal clerk of the house of
representatives;
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, the
chairman and precinct committeemen may adopt rules of procedure
that 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 under
this chapter, an elected precinct committeeman must be entitled to
vote for the legislative office for which a successor is to be selected.
An elected precinct committeeman is eligible to participate in a
caucus called under this chapter, regardless of when the vacancy in
the legislative office occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under this chapter if the precinct committeeman
was a committeeman thirty (30) days before the vacancy occurred.
(c) An individual eligible to participate in a caucus held under this
chapter 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 is
not allowed in a caucus held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus held under 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. This subdivision is satisfied if the vacancy to be filled
under this chapter resulted from the death of an individual
holding a legislative office who also served as a precinct
committeeman.
(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 held under 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 held under
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.
(e) Voting shall be conducted by secret ballot, and
IC 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 tempore
of senate or speaker of house of representatives; transmittal to
secretary of state
Sec. 6. The state chairman shall certify the name of the person
selected under section 1 of this chapter to the president pro tempore
of the senate or the speaker of the house of representatives, as
appropriate, who shall acknowledge receipt of the certification,
submit a copy of the certificate to be included in the journal of the
house or senate:
(1) of the day when the individual is seated; or
(2) if the certificate is received after the adjournment sine die
of the general assembly, of the first day that the chamber is in
session 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 after
receipt of the certification under section 6 of this chapter, certify the
person 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 has
all the rights and duties of a member of the general assembly elected
at a general election. The person serves for the remainder of the
unexpired term. As added by P.L.5-1986, SEC.9.
IC 3-13-5-9 Determination of house of general assembly that person should not
be seated because of ineligibility; filling of seat; constitutional
eligibility requirements
Sec. 9. If a house of the general assembly determines that a person
should not be seated as a member of that house because that person
was ineligible to hold the seat for which a certificate of election has
been issued by the secretary of state, the seat shall be filled under
this chapter. A person selected to fill a vacant seat under this section
must meet all requirements set forth in Article 4, Section 7 of the
Constitution of the State of Indiana as of the date of the general
election for which the ineligible person who was not seated received
a 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 may
not be a candidate for selection to fill a vacancy in that office under
this chapter for the remainder of the term. As added by P.L.8-1986, SEC.4.
