IC 5-8-3.5-1 Notices of resignation and vacancy
Sec. 1. (a) An officer who wants to resign shall give written notice
of the officer's resignation as follows:
(1) The governor and lieutenant governor shall notify the
principal clerk of the house of representatives and the principal
secretary of the senate to act in accordance with Article 5,
Section 10 of the Constitution of the State of Indiana. The clerk
and the secretary shall file a copy of the notice with the office
of the secretary of state.
(2) A member of the general assembly shall notify the
following, whichever applies:
(A) A member of the senate shall notify the president pro
tempore of the senate.
(B) A member of the house of representatives shall notify
the speaker of the house of representatives.
(3) The following officers commissioned by the governor under
IC 4-3-1-5 shall notify the governor:
(A) An elector or alternate elector for President and Vice
President of the United States.
(B) The secretary of state, auditor of state, treasurer of state,
superintendent of public instruction, or attorney general.
(C) An officer elected by the general assembly, the senate,
or the house of representatives.
(D) A justice of the Indiana supreme court, judge of the
Indiana court of appeals, or judge of the Indiana tax court.
(E) A judge of a circuit, city, county, probate, superior,
town, or township small claims court.
(F) A prosecuting attorney.
(G) A circuit court clerk.
(H) A county auditor, county recorder, county treasurer,
county sheriff, county coroner, or county surveyor.
(4) An officer of a political subdivision (as defined by
IC 36-1-2-13) other than an officer listed in subdivision (3)
shall notify the circuit court clerk of the county containing the
largest percentage of population of the political subdivision.
(5) An officer not listed in subdivisions (1) through (4) shall
notify the person or entity from whom the officer received the
officer's appointment.
(b) A person or an entity that receives notice of a resignation and
does not have the power to fill the vacancy created by the resignation
shall, not later than seventy-two (72) hours after receipt of the notice
of resignation, give notice of the vacancy to the person or entity that
has the power to:
(1) fill the vacancy; or
(2) call a caucus for the purpose of filling the vacancy. As added by Acts 1980, P.L.8, SEC.39. Amended by P.L.49-1983,
IC 5-8-3.5-1 Notices of resignation and vacancy
Sec. 1. (a) An officer who wants to resign shall give written notice
of the officer's resignation as follows:
(1) The governor and lieutenant governor shall notify the
principal clerk of the house of representatives and the principal
secretary of the senate to act in accordance with Article 5,
Section 10 of the Constitution of the State of Indiana. The clerk
and the secretary shall file a copy of the notice with the office
of the secretary of state.
(2) A member of the general assembly shall notify the
following, whichever applies:
(A) A member of the senate shall notify the president pro
tempore of the senate.
(B) A member of the house of representatives shall notify
the speaker of the house of representatives.
(3) The following officers commissioned by the governor under
IC 4-3-1-5 shall notify the governor:
(A) An elector or alternate elector for President and Vice
President of the United States.
(B) The secretary of state, auditor of state, treasurer of state,
superintendent of public instruction, or attorney general.
(C) An officer elected by the general assembly, the senate,
or the house of representatives.
(D) A justice of the Indiana supreme court, judge of the
Indiana court of appeals, or judge of the Indiana tax court.
(E) A judge of a circuit, city, county, probate, superior,
town, or township small claims court.
(F) A prosecuting attorney.
(G) A circuit court clerk.
(H) A county auditor, county recorder, county treasurer,
county sheriff, county coroner, or county surveyor.
(4) An officer of a political subdivision (as defined by
IC 36-1-2-13) other than an officer listed in subdivision (3)
shall notify the circuit court clerk of the county containing the
largest percentage of population of the political subdivision.
(5) An officer not listed in subdivisions (1) through (4) shall
notify the person or entity from whom the officer received the
officer's appointment.
(b) A person or an entity that receives notice of a resignation and
does not have the power to fill the vacancy created by the resignation
shall, not later than seventy-two (72) hours after receipt of the notice
of resignation, give notice of the vacancy to the person or entity that
has the power to:
(1) fill the vacancy; or
(2) call a caucus for the purpose of filling the vacancy. As added by Acts 1980, P.L.8, SEC.39. Amended by P.L.49-1983,
IC 5-8-3.5-1 Notices of resignation and vacancy
Sec. 1. (a) An officer who wants to resign shall give written notice
of the officer's resignation as follows:
(1) The governor and lieutenant governor shall notify the
principal clerk of the house of representatives and the principal
secretary of the senate to act in accordance with Article 5,
Section 10 of the Constitution of the State of Indiana. The clerk
and the secretary shall file a copy of the notice with the office
of the secretary of state.
(2) A member of the general assembly shall notify the
following, whichever applies:
(A) A member of the senate shall notify the president pro
tempore of the senate.
(B) A member of the house of representatives shall notify
the speaker of the house of representatives.
(3) The following officers commissioned by the governor under
IC 4-3-1-5 shall notify the governor:
(A) An elector or alternate elector for President and Vice
President of the United States.
(B) The secretary of state, auditor of state, treasurer of state,
superintendent of public instruction, or attorney general.
(C) An officer elected by the general assembly, the senate,
or the house of representatives.
(D) A justice of the Indiana supreme court, judge of the
Indiana court of appeals, or judge of the Indiana tax court.
(E) A judge of a circuit, city, county, probate, superior,
town, or township small claims court.
(F) A prosecuting attorney.
(G) A circuit court clerk.
(H) A county auditor, county recorder, county treasurer,
county sheriff, county coroner, or county surveyor.
(4) An officer of a political subdivision (as defined by
IC 36-1-2-13) other than an officer listed in subdivision (3)
shall notify the circuit court clerk of the county containing the
largest percentage of population of the political subdivision.
(5) An officer not listed in subdivisions (1) through (4) shall
notify the person or entity from whom the officer received the
officer's appointment.
(b) A person or an entity that receives notice of a resignation and
does not have the power to fill the vacancy created by the resignation
shall, not later than seventy-two (72) hours after receipt of the notice
of resignation, give notice of the vacancy to the person or entity that
has the power to:
(1) fill the vacancy; or
(2) call a caucus for the purpose of filling the vacancy. As added by Acts 1980, P.L.8, SEC.39. Amended by P.L.49-1983,
