reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 12. Recount Procedures for Public Questions › 3-12-12-18. Manual Recount Request; Withdrawal

Sec. 18. (a) A petition filed under this chapter may request that ballot cards in specified precincts that used a ballot card voting system be counted manually. If a petition includes such a request, the recount commission may not use automatic tabulating machines to count ballot cards in the specified precincts. Ballot cards in those precincts shall be counted manually, and the tabulation of votes must comply with IC 3-11-7.
(b) A petitioner may withdraw a request for a manual recount of ballot cards at any time after the recount commission conducts a test of the automatic tabulating machines to ascertain that the machines will correctly count the votes cast on the public question that is the subject of the recount.
As added by P.L.10-1988, SEC.181.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 12. Recount Procedures for Public Questions › 3-12-12-19. Certificate of Recount Totals

Sec. 19. When a recount is completed by a recount commission appointed under this chapter, the commission shall:
(1) make and sign a certificate showing the total number of votes received in the precincts on the public question;
(2) state in its certificate whether affirmative or negative votes received the highest number of votes in the precincts on the public question and by what plurality; and
(3) file its certificate with the circuit court clerk. The clerk shall enter the certificate in the order book of the court.
As added by P.L.10-1988, SEC.181.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 12. Recount Procedures for Public Questions › 3-12-12-20. Effect of Recount Certificate

Sec. 20. A recount certificate made under section 19 of this chapter supersedes all previous returns made in any form of the recounted votes. A certified copy of a recount certificate constitutes prima facie evidence of the votes cast on the public question in the precincts in any contest or other proceeding in which there is an issue as to the votes cast at the election on the public question.
As added by P.L.10-1988, SEC.181.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 12. Recount Procedures for Public Questions › 3-12-12-21. Finality of Commission Determination; Appeal

Sec. 21. The determination of a recount commission under section 19 of this chapter is final, although an appeal may be taken to the circuit court, superior court, or probate court that appointed the commission.
As added by P.L.10-1988, SEC.181. Amended by P.L.84-2016, SEC.16.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 12. Recount Procedures for Public Questions › 3-12-12-22. Multiple County Elections; Differences in Vote Totals; Certificate of Corrected Totals

Sec. 22. (a) This section does not apply to a recount conducted by the state recount commission under section 23 of this chapter.
(b) If a recount is made for a public question for which votes were cast in more than one (1) county, each circuit court clerk where the recount was made shall determine whether the votes in the precincts shown by the recount certificate differ from the votes that were tabulated by the county election board. If a circuit court clerk finds that there is a difference between the votes shown by the recount certificate and the votes tabulated by the county election board, the clerk shall prepare a certificate showing the total vote in the county for and against the public question as corrected in accordance with the recount certificate.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1993, SEC.220; P.L.74-2017, SEC.60.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 12. Recount Procedures for Public Questions › 3-12-12-23. Statewide Public Questions; Recounts; Certificate of Corrected Vote Totals; Certificate of Approval or Rejection

Sec. 23. (a) This section applies to a recount of:
(1) a public question concerning the ratification of a state constitutional amendment or the retention of a justice of the Indiana supreme court, a judge of the Indiana court of appeals, or the judge of the Indiana tax court; or
(2) another public question voted on by the electorate of the entire state.
(b) The state recount commission shall conduct a recount proceeding under this section and shall immediately transmit a certificate to the election division showing for each precinct in which a recount was conducted the total vote for and against the public question.
(c) Upon tabulation of the returns under this section by the election division, the secretary of state shall issue a certificate declaring the public question approved or rejected.
(d) The election division shall provide to the office the results of the recount in each precinct in which a recount was conducted.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991, SEC.121; P.L.3-1997, SEC.379; P.L.212-2001, SEC.32; P.L.169-2015, SEC.151; P.L.74-2017, SEC.61.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 12. Recount Procedures for Public Questions › 3-12-12-25. Single County Elections; Differences in Vote Totals; Certificate of Corrected Totals

Sec. 25. If a recount is made for a public question on which votes were cast only in a single county, the circuit court clerk shall determine whether the votes shown by the recount certificate differ from the votes that were tabulated by the county election board. If the circuit court clerk finds that there is a difference between the votes shown by the recount certificate and the votes tabulated by the county election board, the clerk shall prepare a certificate showing the total vote for and against the public question as corrected in accordance with the recount certificate.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1993, SEC.221.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 12. Recount Procedures for Public Questions › 3-12-12-26. Local Public Questions; Recounts; Transmittal of Certificate of Corrected Totals; Certificate of Approval or Rejection

Sec. 26. (a) This section applies to a recount of votes cast on a local public question.
(b) The circuit court clerk shall transmit the certificate prepared under section 22 or 25 of this chapter to the county election board of the county having the greatest percentage of population of the election district voting on the public question.
(c) Upon tabulation of the returns under this section, the county election board shall issue a certificate declaring the public question approved or rejected.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991, SEC.122.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 13. Risk-Limiting Audits › 3-12-13-1. "County Election Board"

Sec. 1. For purposes of this chapter, a reference to a "county election board" includes the following:
(1) A county election board established by IC 3-6-5.
(2) A board of elections and registration.
As added by P.L.34-2019, SEC.1. Amended by P.L.156-2020, SEC.5.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 13. Risk-Limiting Audits › 3-12-13-2. "Incorrect Outcome"

Sec. 2. As used in this chapter, "incorrect outcome" means an outcome that is inconsistent with an election outcome that would be obtained by conducting a full recount.
As added by P.L.34-2019, SEC.1.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 13. Risk-Limiting Audits › 3-12-13-3. "Post-Election Audit"

Sec. 3. As used in this chapter, "post-election audit" means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome.
As added by P.L.34-2019, SEC.1. Amended by P.L.115-2022, SEC.14.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 13. Risk-Limiting Audits › 3-12-13-4. Designation of Counties as Post-Election Audit Counties

Sec. 4. (a) The secretary of state may designate counties as post-election audit counties.
(b) For a county to be designated as a post-election audit county, the county election board must adopt a resolution requesting the secretary of state to designate the county as a post-election audit county.
(c) In designating a county as a post-election audit county, the secretary of state shall seek to designate a variety of counties as post-election audit counties based on the number of active voters within the county.
(d) A county designated as a post-election audit county shall conduct post-election audits as provided in this chapter.
As added by P.L.34-2019, SEC.1. Amended by P.L.115-2022, SEC.15.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 13. Risk-Limiting Audits › 3-12-13-5. Elections Subject to Post-Election Audits

Sec. 5. (a) The secretary of state shall determine the number of elections that are subject to a post-election audit.
(b) All contested elections for an elected office and all public questions are eligible for designation under subsection (a) for a post-election audit.
As added by P.L.34-2019, SEC.1. Amended by P.L.135-2020, SEC.11; P.L.115-2022, SEC.16.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 13. Risk-Limiting Audits › 3-12-13-6. Waiver of Requirements

Sec. 6. (a) The secretary of state may waive the requirement of section 5 of this chapter, after a written request by a county election board.
(b) The secretary of state may waive the requirement of section 5 of this chapter only if the county election board shows that the technology in use by the county will not enable the county election board to satisfy the requirements for a post-election audit for an election.
As added by P.L.34-2019, SEC.1. Amended by P.L.193-2021, SEC.97; P.L.115-2022, SEC.17.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 13. Risk-Limiting Audits › 3-12-13-7. Post-Election Audit; Deadlines for Completion; Secretary of State Administrative Orders

Sec. 7. (a) The secretary of state shall issue orders to implement and administer the requirements of this chapter if a petition for recount or contest filed under this article affecting the county has not been filed. If a petition for a recount or contest has been filed affecting the county, then the deadline to complete a post-election audit is not later than sixty (60) days after completion of the recount or contest.
(b) In issuing an order under subsection (a), the secretary of state shall:
(1) consult with recognized statistical experts, equipment vendors, the election division, and county election officials; and
(2) consider best practices for conducting post-election audits.
(c) A post-election audit shall be completed not later than:
(1) the final Friday in June following a primary election;
(2) December 20 following a general election, if a petition for a recount or contest that affects the county has not been filed under this article; or
(3) sixty (60) days following completion of the recount or contest, if a petition for a recount or contest that affects the county has been filed under this article.
As added by P.L.34-2019, SEC.1. Amended by P.L.135-2020, SEC.12; P.L.115-2022, SEC.18; P.L.227-2023, SEC.124.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 14. Election Procedure Audits › 3-12-14-1. "County Election Board"

Sec. 1. For purposes of this chapter, a reference to a "county election board" includes the following:
(1) A county election board established by IC 3-6-5.
(2) A board of elections and registration.
As added by P.L.34-2019, SEC.2. Amended by P.L.156-2020, SEC.6.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 14. Election Procedure Audits › 3-12-14-2. "Procedure Audit"

Sec. 2. As used in this chapter, "procedure audit" refers to a process by which the procedures of an election are reviewed to determine how well an election was conducted in accordance with Indiana law.
As added by P.L.34-2019, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 14. Election Procedure Audits › 3-12-14-3. When Procedure Audit May Be Conducted; Scope of Audit

Sec. 3. (a) The secretary of state, with the consent of the co-directors of the election division, may require a procedure audit of an election to be conducted if there is:
(1) an investigation under IC 3-6 relating to the election; or
(2) a recount of the election under IC 3-12.
(b) The secretary of state, with the consent of the co-directors of the election division, may define the scope of a procedure audit under this chapter.
As added by P.L.34-2019, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 14. Election Procedure Audits › 3-12-14-4. Secretary of State Administrative Orders; Factors Evaluated by Procedure Audit; Statistical Procedures

Sec. 4. (a) The secretary of state shall issue orders to develop a procedure audit program that details the documents to be inspected, the procedures to be reviewed, and the process by which a procedure audit is conducted under this chapter.
(b) The following factors may be evaluated by a procedure audit:
(1) Evaluation of voter registration procedures, including the following:
(A) Proper use of voter registration forms.
(B) Entry of data into the statewide voter registration file.
(C) Proper use of forms.
(D) Ability of procedures to accurately determine eligibility of registrants.
(2) Evaluation of proper use and operation of electronic poll books and other electronic systems.
(3) Evaluation of voting systems.
(4) Evaluation of compliance with federal and state requirements.
(5) Evaluation of absentee voting requirements and procedures.
(6) Evaluation of provisional ballot voting requirements and procedures.
(7) Evaluation of other factors as determined by the secretary of state.
(c) The secretary of state may require use of sampling and other statistically valid procedures for conducting a procedure audit.
As added by P.L.34-2019, SEC.2. Amended by P.L.135-2020, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 14. Election Procedure Audits › 3-12-14-7. Providing Results of Procedure Audit

Sec. 7. A county election board that conducts a procedure audit under this chapter shall provide the results of the audit to the secretary of state not later than thirty (30) days after completion of the audit.
As added by P.L.34-2019, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-1. Application of Chapter

Sec. 1. Except as provided in section 18 or 20 of this chapter or IC 3-10-8-7.5, 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.
[Pre-1986 Recodification Citations: 3-1-11-10(a) part; 3-1-11-1(i).]
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; P.L.219-2013, SEC.66.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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 if it is filled not later than the noon July 3 certification deadline under section 15(c) of this chapter.
[Pre-1986 Recodification Citation: 3-1-11-10(a) part.]
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; P.L.193-2021, SEC.98.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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.
[Pre-1986 Recodification Citation: 3-1-11-10(b)(4).]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1989, SEC.17.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-4. United States Representatives

Sec. 4. Except as provided in IC 3-10-8-7.5, 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.
[Pre-1986 Recodification Citation: 3-1-11-10(b)(3).]
As added by P.L.5-1986, SEC.9. Amended by P.L.219-2013, SEC.67.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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.
[Pre-1986 Recodification Citation: 3-1-11-10(b)(2) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.26-2000, SEC.21.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-6. "County Committee"; Local Office; Office of Circuit Court Judge or Prosecuting Attorney

Sec. 6. (a) As used in this section, "county committee" refers to the precinct committeemen and vice committeemen of a major political party representing a precinct within the county.
(b) Except as provided in subsection (c), a candidate vacancy for a local office shall be filled by either of the following:
(1) A caucus comprised of the precinct committeemen who are eligible to participate under section 10 of this chapter.
(2) The county chairman of the political party or a committee comprised of the chairman, vice chairman, secretary, and treasurer of the county committee of the party, if all of the following apply:
(A) The county chairman or the committee is authorized to fill vacancies under this chapter by majority vote of the county committee.
(B) The election district for the local office is entirely within one (1) county.
(C) Documentation of the authority given under clause (A) is attached to the certification of candidate selection filed under section 15 of this chapter.
(c) 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.
[Pre-1986 Recodification Citation: 3-1-11-10(b)(1), (b)(2) part.]
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; P.L.216-2015, SEC.23; P.L.278-2019, SEC.152.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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 July 3 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).
(5) The successful challenge of a candidate nominated by a state, county, or town convention of a political party.
(6) The successful challenge of candidate under IC 3-8-8.
(7) The successful challenge of a candidate under sections 16.5 and 20.5 of this chapter.
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.
[Pre-1986 Recodification Citation: 3-1-11-10(c).]
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; P.L.193-2021, SEC.99.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-8. Meeting to Be Called and Chaired by State or County Chairman or Designated Party

Sec. 8. A meeting under section 3, 4, 5, or 6 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(c) 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, or an individual designated by the county chairman, for a caucus or committee acting under section 6(b) of this chapter.
[Pre-1986 Recodification Citation: 3-1-11-10(d).]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.184; P.L.3-1989, SEC.14; P.L.225-2011, SEC.79; P.L.216-2015, SEC.24.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-9. Requirements for Call of Caucus Meeting; Not Applicable to Other Meetings Under Chapter

Sec. 9. (a) This section applies only to a meeting of a caucus required under this chapter. This section does not apply to the filling of a vacancy under this chapter by the county chairman or a committee acting under section 6(b)(2) of this chapter.
(b) The call for a meeting under section 3, 4, 5, or 6 of this chapter must:
(1) be in writing on a form prescribed by the election division;
(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 not later than noon 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.
[Pre-1986 Recodification Citation: 3-1-11-10(e).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1997, SEC.381; P.L.225-2011, SEC.80; P.L.216-2015, SEC.25; P.L.169-2015, SEC.152; P.L.278-2019, SEC.153.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-10. Eligibility to Participate in Caucus

Sec. 10. (a) To be eligible to participate in a caucus called under section 4, 5, or 6 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 4, 5, or 6 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.
[Pre-1986 Recodification Citation: 3-1-11-10(f).]
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; P.L.216-2015, SEC.26.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-11. Establishment of Rules of Procedure; Voting

Sec. 11. (a) At a meeting called under section 3, 4, 5, or 6 of this chapter, the eligible participants shall:
(1) establish the rules of procedure for the caucus or meeting, 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.
[Pre-1986 Recodification Citation: 3-1-11-10(g).]
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; P.L.225-2011, SEC.82; P.L.216-2015, SEC.27.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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 4, 5, or 6 of this chapter.
(b) A precinct vice committeeman is entitled to participate in a caucus called under section 4, 5, or 6 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 4, 5, or 6 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 4, 5, or 6 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. Amended by P.L.216-2015, SEC.28.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-12. Tiebreaking Vote; Effect of Lack of Quorum

Sec. 12. (a) If a tie vote occurs among participants acting under section 3, 4, 5, or 6(c) of this chapter, the chairman of the meeting may cast the tiebreaking vote. If a tie vote occurs among participants acting under section 6(b) of this chapter, the county chairman or an individual designated by the county chairman may cast the tiebreaking vote.
(b) If a quorum required under the rules of a meeting held under this chapter is not present, the county chairman shall fill the candidate vacancy.
[Pre-1986 Recodification Citation: 3-1-11-10(h).]
As added by P.L.5-1986, SEC.9. Amended by P.L.96-2012, SEC.4; P.L.216-2015, SEC.29.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-13. Local Office; Appointment of Individual to Fill Candidate Vacancy

Sec. 13. If fewer than two (2) persons are eligible to participate in the filling of a candidate vacancy for an office under section 6(b) 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.
[Pre-1986 Recodification Citation: 3-1-11-10(i).]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.186; P.L.3-1997, SEC.383; P.L.216-2015, SEC.30; P.L.74-2017, SEC.62.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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 or IC 3-8-9-5 to file a statement of economic interests.
[Pre-1986 Recodification Citations: 3-1-11-10(j); 3-1-9-9(c) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.418; P.L.14-2004, SEC.168; P.L.169-2015, SEC.154.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-15. Certificate of Candidate Selection

Sec. 15. (a) A county chairman filling a candidate vacancy under section 6(b)(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 election division 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(c) of this chapter; or
(B) a committee acting under section 6(b) of this chapter to fill a candidate vacancy in the office of judge of a circuit, superior, probate, or small claims court or prosecuting attorney; or
(2) the circuit court clerk, for a committee acting under section 6(b) 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 later than noon three (3) days (excluding Saturdays and Sundays) after selection of the candidates.
(e) A certificate filed under this section is not effective unless the candidate selected to fill the candidate vacancy has filed a statement of economic interests under IC 3-8-9-5.
[Pre-1986 Recodification Citation: 3-1-11-10(k) part.]
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; P.L.225-2011, SEC.83; P.L.216-2015, SEC.31; P.L.169-2015, SEC.155.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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.
[Pre-1986 Recodification Citation: 3-1-11-10(k) part.]
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.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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(d) 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(d) 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; P.L.74-2017, SEC.63.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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.
[Pre-1986 Recodification Citation: 3-1-11-10(l).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.421.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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.
[Pre-1986 Recodification Citation: 3-1-11-10(m).]
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.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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.
[Pre-1986 Recodification Citation: 3-2-2-1 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.423; P.L.3-1993, SEC.226.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 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.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-20.5. Question Concerning Validity of Candidate Selection by Certain Political Parties; Determination by Commission or County Election Board; Time to Act Upon Question

Sec. 20.5. (a) This section applies to a candidate nominated by a political party subject to IC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12.
(b) This section does not apply to a candidate nominated under IC 3-8-5-14 and subject to IC 3-8-5-14.7.
(c) All questions concerning the validity of a certificate of candidate selection filed under section 20 of this chapter 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(d) not later than noon seventy-four (74) days before the date on which the general election will be held for the office.
(d) All questions concerning the validity of a certificate of candidate selection filed under section 20 of this chapter 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(d) not later than noon seventy-four (74) days before the date on which the general or municipal election will be held for the office.
(e) The commission or a county election board shall act upon a question concerning the validity of a 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.64-2014, SEC.72. Amended by P.L.74-2017, SEC.64.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 1. Early Candidate Vacancies › 3-13-1-21. Receiving Certificate of Candidate Selection Not Permitted if Certain Deadlines Not Met

Sec. 21. (a) This section applies to a certificate of candidate selection filed under section 15 or 20 of this chapter.
(b) To enforce the requirements of IC 3-5-4-1.9, the election division, a circuit court clerk, or any other official responsible for receiving a certificate of candidate selection may not receive a filing of a certificate of candidate selection if:
(1) a notice of a caucus or meeting;
(2) a notice of intent to fill a vacancy under section 20 of this chapter;
(3) a declaration of candidacy filed by the individual selected as the candidate; or
(4) the certificate of candidate selection;
is or was offered to be filed after the deadline for the filing provided by this chapter or was not offered for filing at or before the deadline for the filing provided by this chapter.
As added by P.L.124-2012, SEC.8. Amended by P.L.216-2015, SEC.32; P.L.74-2017, SEC.65.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-1. Application of Chapter

Sec. 1. This chapter applies to the filling of a candidate vacancy of a former candidate for nomination or election to an office at a general, municipal, or special election after the thirty-first day before a general, municipal, or special election.
[Pre-1986 Recodification Citation: 3-1-11-10.1(a).]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.187; P.L.4-1991, SEC.126; P.L.227-2023, SEC.126.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-1.5. Individual Filling Candidate Vacancy Must Meet Qualifications for Office

Sec. 1.5. 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.65.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-2. United States Senator or State Office

Sec. 2. A candidate vacancy for United States Senator or a state office shall be filled by appointment by the state chairman of the political party.
[Pre-1986 Recodification Citation: 3-1-11-10.1(b)(4).]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-3. United States Representative

Sec. 3. A candidate vacancy for United States Representative shall be filled by appointment by the district chairman of the political party.
[Pre-1986 Recodification Citation: 3-1-11-10.1(b)(3).]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-4. Legislative Office

Sec. 4. A candidate vacancy for a legislative office shall be filled by a majority vote of the county chairmen of the political party for all of the counties that have territory in the senate or house district.
[Pre-1986 Recodification Citation: 3-1-11-10.1(b)(2) part.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-5. Local Office; Office of Circuit Court Judge or Prosecuting Attorney

Sec. 5. (a) Except as provided in subsection (b), a candidate vacancy for a local office shall be filled by appointment by the county chairman of the political party of the county in which the greatest percentage of the population of the election district is located.
(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 majority vote of the county chairmen of the political party for all of the counties in the circuit.
[Pre-1986 Recodification Citation: 3-1-11-10.1(b)(1), (b)(2) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.188.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-6. Tiebreaking Vote; Effect of Lack of Quorum

Sec. 6. (a) If a tie vote occurs among a group of chairmen acting under section 4 or 5(b) of this chapter, the state chairman may cast the tiebreaking vote.
(b) If a quorum required under the rules of a meeting held under this chapter is not present, the state chairman shall fill the candidate vacancy.
[Pre-1986 Recodification Citation: 3-1-11-10.1(c).]
As added by P.L.5-1986, SEC.9. Amended by P.L.96-2012, SEC.5.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-7. Candidate Written Consent; Required Statements; Time for Filing

Sec. 7. (a) 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) 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.
(b) A candidate's consent 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 consent. If there is a difference between the name on the candidate's consent and the name on the candidate's voter registration record, the officer with whom the consent is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(d). 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 consent.
(c) A candidate's consent must contain the following statements:
(1) A statement that the candidate has attached either of the following to the consent:
(A) A copy of a statement of economic interests, file stamped by the office required to receive the statement of economic interests.
(B) A receipt or photocopy of a receipt showing that a statement of economic interests has been filed.
This requirement does not apply to a candidate for a federal office.
(2) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to obtain and file an individual surety bond before serving in the office. This requirement does not apply to a candidate for a federal office or legislative office.
(3) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to successfully complete training or have attained certification related to service in an elected office. This requirement does not apply to a candidate for a federal office, state office, or legislative office.
(4) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this subsection.
[Pre-1986 Recodification Citation: 3-1-11-10.1(d).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.424; P.L.202-1999, SEC.23; P.L.76-2014, SEC.63; P.L.227-2023, SEC.127.