reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-19. Judge or Prosecuting Attorney; Duties of Attorney General

Sec. 19. (a) Under Article 7, Section 13 of the Constitution of the State of Indiana, whenever a circuit, superior, or probate court judge or prosecuting attorney has been convicted of corruption or any other high crime, the attorney general shall bring proceedings in the supreme court, on information, in the name of the state, for the removal from office of the judge or prosecuting attorney.
(b) If the judgment is against the defendant, the defendant is removed from office. The governor, the officer, or the entity required to fill a vacancy under IC 3-13-6-2 shall, subject to:
(1) IC 33-33-2-39;
(2) IC 33-33-2-43;
(3) IC 33-33-45-38; and
(4) IC 33-33-71-40;
appoint or select a successor to fill the vacancy in office.
Formerly: Acts 1897, c.182, s.19. As amended by P.L.3-1987, SEC.497; P.L.3-1993, SEC.242; P.L.16-1995, SEC.3; P.L.19-1995, SEC.4; P.L.98-2004, SEC.62; P.L.201-2011, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-21. Written Accusations; Grand Jury

Sec. 21. An accusation in writing against any district officer, county officer, township officer, municipal officer, or prosecuting attorney may be presented by the grand jury of the county in which the officer accused is elected or appointed.
Formerly: Acts 1897, c.182, s.21. As amended by P.L.1-1990, SEC.56.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-22. Form of Accusation

Sec. 22. The accusation must state the offense charged in ordinary and concise language, and without repetition.
Formerly: Acts 1897, c.182, s.22.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-23. Delivery of Accusations; Service on Defendant

Sec. 23. The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county, except when the prosecuting attorney of the county is the officer accused, who must cause a copy thereof to be served upon the defendant, and require, by notice in writing of not less than ten (10) days, that the defendant appear before the circuit court or superior court of the county at the time mentioned in the notice, and answer the accusation. The original accusation must then be filed with the clerk of the court, or if the clerk of the court is the party accused, with the judge of the court.
Formerly: Acts 1897, c.182, s.23. As amended by P.L.3-1993, SEC.243; P.L.84-2016, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-24. Appearance of Defendant

Sec. 24. The defendant must appear at the time appointed in the notice and answer the accusation, unless, for some sufficient cause, the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence.
Formerly: Acts 1897, c.182, s.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-25. Answering Accusation

Sec. 25. The defendant may answer the accusation either by objecting to the sufficiency of the accusation or of any article of the accusation or by denying the truth of the same.
Formerly: Acts 1897, c.182, s.25. As amended by P.L.136-2018, SEC.31.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-26. Objections to Legal Sufficiency of Accusation

Sec. 26. If the defendant objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection.
Formerly: Acts 1897, c.182, s.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-27. Denial of Accusation

Sec. 27. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.
Formerly: Acts 1897, c.182, s.27.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-28. Objection to Accusation Not Sustained

Sec. 28. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith.
Formerly: Acts 1897, c.182, s.28.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-29. Guilty Plea or Refusal to Answer; Not Guilty Plea

Sec. 29. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of conviction against him. If he denies the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation.
Formerly: Acts 1897, c.182, s.29.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-30. Trial

Sec. 30. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor.
Formerly: Acts 1897, c.182, s.30.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-31. Attendance of Witnesses

Sec. 31. The prosecuting attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses, as upon a trial of an indictment.
Formerly: Acts 1897, c.182, s.31.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-34. Removal of Prosecuting Attorney; Proceedings

Sec. 34. The same proceedings may be had on like grounds for the removal of a prosecuting attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by the clerk to the judge of the circuit court or superior court of the county, who must thereupon notify the attorney general to act as prosecuting officer in the matter, and shall designate some resident attorney to act as assistant to the attorney general in such prosecution, whose compensation shall be fixed by the court and paid out of the county treasury.
Formerly: Acts 1897, c.182, s.34. As amended by P.L.84-2016, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-35. Verification of Accusation; Citing Party; Hearing; Judgment

Sec. 35. (a) When an accusation in writing, verified by the oath of any person or in resolutions adopted by a county executive and county fiscal body in accordance with IC 36-2-8.7 or IC 36-6-4.5, is presented to a circuit court, superior court, or probate court, alleging that any officer within the jurisdiction of the court has been guilty of:
(1) charging and collecting illegal fees for services rendered or to be rendered in the officer's office;
(2) refusing or neglecting to perform the official duties pertaining to the officer's office;
(3) in the case of a county officer (as defined in IC 36-2-8.7-1), failing to be physically present in the county officer's office in violation of IC 36-2-8.7-7; or
(4) violating IC 36-6-4-17(b) if the officer is the executive of a township;
the court must cite the party charged to appear before the court at any time not more than ten (10) nor less than five (5) days from the time the accusation was presented, and on that day or some other subsequent day not more than twenty (20) days from the time the accusation was presented must proceed to hear, in a summary manner, the accusation and evidence offered in support of the same, and the answer and evidence offered by the party accused.
(b) If after the hearing under subsection (a) it appears that the charge is sustained, the court must do the following:
(1) Enter a decree that the party accused be deprived of the party's office.
(2) Enter a judgment as follows:
(A) For five hundred dollars ($500) in favor of the prosecuting officer.
(B) For costs as are allowed in civil cases.
(C) For the amount of money that was paid to the officer in compensation from the day when the accusation was filed under this section to the day when judgment is entered in favor of the public entity paying the compensation to the officer.
(c) In an action under this section, a court may award reasonable attorney's fees, court costs, and other reasonable expenses of litigation to the accused officer if:
(1) the officer prevails; and
(2) the court finds that the accusation is frivolous or vexatious.
Formerly: Acts 1897, c.182, s.35. As amended by P.L.34-1992, SEC.1; P.L.84-2016, SEC.25; P.L.169-2021, SEC.1; P.L.9-2022, SEC.5; P.L.24-2022, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-36. Repealed

Formerly: Acts 1897, c.182, s.37; Acts 1899, c.119, s.1. Repealed by Acts 1982, P.L.34, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-37. Repealed

As added by Acts 1982, P.L.34, SEC.1. Amended by P.L.16-1983, SEC.2; P.L.113-2005, SEC.2; P.L.119-2005, SEC.25. Repealed by P.L.37-2008, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 2. Removal From Office for Intoxication › 5-8-2-1. Voluntary Intoxication During Business Hours

Sec. 1. Any person holding any office under the constitution or laws of this state who shall voluntarily become intoxicated within the business hours of the office, or is in the habit of becoming intoxicated by the use of intoxicating liquors, shall be removed from office under IC 34-17.
Formerly: Acts 1875, c.58, s.1. As amended by P.L.3-1993, SEC.244; P.L.1-1998, SEC.68.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 3. Disqualification by Violation of Federal Law › 5-8-3-1. Draft Dodging; Sedition

Sec. 1. A person may not hold an office within Indiana, either by election or appointment, if the person has been convicted of:
(1) evading the Selective Service Act (50 App. U.S.C. 451-473);
(2) engaging in conspiracy or an attempt to defraud the government of the United States;
(3) seditious utterances in violation of the laws of the United States; or
(4) any other crime against the laws of the United States where the sentence imposed exceeded six (6) months.
Formerly: Acts 1921, c.83, s.1. As amended by P.L.3-1987, SEC.498; P.L.10-1988, SEC.216.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 3. Disqualification by Violation of Federal Law › 5-8-3-2. Appointment or Election Void

Sec. 2. Any appointment or election of any person lacking the qualification described in section 1 of this chapter is absolutely void and the person shall be removed from office under IC 34-17.
Formerly: Acts 1921, c.83, s.2. As amended by P.L.25-1986, SEC.25; P.L.3-1993, SEC.245; P.L.1-1998, SEC.69.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 3.5. Notice of Resignation › 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, the auditor of state, the treasurer of state, or the 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.
[Pre-Local Government Recodification Citations: 5-5-1-5; 5-5-1-8.]
As added by Acts 1980, P.L.8, SEC.39. Amended by P.L.49-1983, SEC.1; P.L.6-1983, SEC.17; P.L.5-1986, SEC.12; P.L.1-1991, SEC.31; P.L.10-1992, SEC.27; P.L.3-1993, SEC.246; P.L.3-1997, SEC.419; P.L.26-2000, SEC.34; P.L.14-2004, SEC.182; P.L.8-2019, SEC.12; P.L.43-2021, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 4. Resignations › 5-8-4-1. No Right to Withdrawal Without Consent

Sec. 1. Whenever any officer, servant or employee of the state of Indiana, or of any board, bureau, commission, department, division, instrumentality or agency thereof, or of any city, town, county, township, or school corporation, or of any board, bureau, commission, department, division, instrumentality or agency of any city, town, county, township, or school corporation, shall submit in writing his or her resignation, whether to take effect at once, when accepted, or at some future fixed date, with the proper officer, person or persons or authority of government to receive such resignation, the person so submitting such written resignation shall have no right to withdraw, rescind, annul or amend such resignation without the consent of the officer, person or persons or authority of government having power by law to fill such vacancy.
Formerly: Acts 1945, c.119, s.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 4. Resignations › 5-8-4-2. Conditions Null and Void

Sec. 2. Any condition contained in any resignation, except as to time of taking effect of the same, shall be null and void.
Formerly: Acts 1945, c.119, s.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 4. Resignations › 5-8-4-3. Repealed

Formerly: Acts 1945, c.119, s.3. As amended by P.L.25-1986, SEC.26. Repealed by P.L.4-1988, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 4. Resignations › 5-8-4-4. Effective Upon Filing With Person Authorized to Receive Resignation

Sec. 4. (a) This section applies to a person holding an elected or appointed office.
(b) When the person submits a written resignation as an officer, the resignation takes effect when filed with the proper person authorized to receive the resignation unless the resignation:
(1) has a delayed effective date; or
(2) is withdrawn, rescinded, annulled, or amended in accordance with this chapter.
As added by P.L.3-1997, SEC.420.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 4. Resignations › 5-8-4-5. Effective on Time or Date Contained in Resignation

Sec. 5. A written resignation containing a provision stating that the resignation takes effect at a time or on a date following the filing of the resignation with the proper person takes effect at that time or on that date.
As added by P.L.3-1997, SEC.421.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 4. Resignations › 5-8-4-6. Effective Upon Filing With First Required Entity

Sec. 6. If this article requires that notice of a resignation be filed with more than one (1) officer or entity, the resignation becomes effective when filed with the first entity unless otherwise stated in the resignation.
As added by P.L.3-1997, SEC.422.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 5. Notice of a Town Council Vacancy › 5-8-5-1. Applicability

Sec. 1. This chapter applies when a vacancy must be filled under:
(1) IC 3-13-9; or
(2) IC 3-13-11;
due to a reason set forth in IC 36-5-2-6.5(3).
As added by P.L.174-2002, SEC.4. Amended by P.L.1-2003, SEC.16; P.L.119-2005, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 5. Notice of a Town Council Vacancy › 5-8-5-2. "Member" Defined

Sec. 2. As used in this chapter, "member" refers to a town council member.
As added by P.L.174-2002, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 5. Notice of a Town Council Vacancy › 5-8-5-3. Public Meeting to Determine Vacancy on Town Council

Sec. 3. (a) The town council may hold a public meeting to determine whether a circumstance has occurred under IC 36-5-2-6.5(3) that results in a vacancy on the town council. The town council may set a meeting for making the determination on its own motion, or a person may petition the town council to set a meeting to make the determination. The town council may grant or deny a petition for a meeting.
(b) If a person files a petition with the council, the petition must state the basis for the person's claim that a circumstance has occurred under IC 36-5-2-6.5(3).
As added by P.L.174-2002, SEC.4. Amended by P.L.1-2003, SEC.17; P.L.119-2005, SEC.27.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 5. Notice of a Town Council Vacancy › 5-8-5-4. Declaring Vacancy on Town Council; Notice of Vacancy

Sec. 4. (a) If the town council is reasonably satisfied that any circumstance has occurred under IC 36-5-2-6.5(3), the council may, by an affirmative vote of a majority of the members appointed to the body, vote to declare a vacancy in the town council membership. The member who is alleged to have vacated the member's seat may participate in the meeting as a member, but may not vote on the issue.
(b) If the member who is the subject of the petition or motion does not attend the meeting at which the town council makes the determination that a vacancy exists, the town council shall mail notice of its determination to the member.
(c) If the town council determines that a vacancy exists, the town clerk-treasurer shall give the circuit court clerk notice of the determination not later than five (5) days after the date of the town council's determination. The circuit court clerk shall give notice to the county chairman if a caucus is required under IC 3-13-11 to fill the vacancy.
As added by P.L.174-2002, SEC.4. Amended by P.L.1-2003, SEC.18; P.L.119-2005, SEC.28.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 5. Notice of a Town Council Vacancy › 5-8-5-5. Right of Vacating Town Council Member to File Action

Sec. 5. The member whose seat is vacated may file an action under IC 34-17-1 with the circuit court, superior court, or probate court of the county where the town is located.
As added by P.L.174-2002, SEC.4. Amended by P.L.84-2016, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 6. Notice of Death of an Officeholder › 5-8-6-1. Applicability

Sec. 1. This chapter applies when a vacancy must be filled under:
(1) IC 3-13-4;
(2) IC 3-13-5;
(3) IC 3-13-6;
(4) IC 3-13-7;
(5) IC 3-13-8;
(6) IC 3-13-9;
(7) IC 3-13-10;
(8) IC 3-13-11; or
(9) IC 20;
due to the death of an officeholder.
As added by P.L.119-2005, SEC.29.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 6. Notice of Death of an Officeholder › 5-8-6-2. "Officeholder"

Sec. 2. As used in this chapter, "officeholder" refers to a person who holds a state office, legislative office, local office, or school board office (as those terms are defined in IC 3-5-2).
As added by P.L.119-2005, SEC.29.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 6. Notice of Death of an Officeholder › 5-8-6-3. Certification of Officeholder's Death

Sec. 3. (a) A person who knows of the death of an officeholder may certify the death to the following:
(1) The governor, in the case of the death of any of the following:
(A) An individual who holds a state office (as defined in IC 3-5-2-48).
(B) An individual who is a judge of a circuit, superior, small claims, probate, or city court.
(2) The secretary of state, in the case of the death of an individual who holds a legislative office (as defined in IC-3-5-2-28).
(3) The circuit court clerk of the county in which the officeholder resided, in the case of the death of an officeholder of a county, city, town, township, or school corporation not covered under subdivision (1).
(b) A person who certifies the death of an officeholder shall:
(1) state the information that causes the person to believe the officeholder has died; and
(2) certify, under the penalties for perjury, that to the best of the person's knowledge and belief, the information stated is true.
As added by P.L.119-2005, SEC.29. Amended by P.L.278-2019, SEC.165; P.L.227-2023, SEC.134.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 6. Notice of Death of an Officeholder › 5-8-6-4. Vacancies Filled by Governor

Sec. 4. When the governor:
(1) obtains information concerning the death of an individual who:
(A) holds a state office (as defined in IC 3-5-2-48); or
(B) is a judge of a circuit, superior, probate, county, or city court; and
(2) is reasonably satisfied that the information described in subdivision (1) is true;
the governor shall fill the vacancy as provided by law.
As added by P.L.119-2005, SEC.29.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 6. Notice of Death of an Officeholder › 5-8-6-5. Secretary of State's Notice

Sec. 5. (a) When the secretary of state:
(1) obtains information concerning the death of an individual who holds a legislative office (as defined in IC 3-5-2-28); and
(2) is reasonably satisfied that the information described in subdivision (1) is true;
the secretary of state shall give notice of the death to the state chairman of the political party that elected or selected the deceased individual.
(b) The secretary of state shall give the notice required by subsection (a) not later than seventy-two (72) hours after the requirements of subsection (a)(1) and (a)(2) are satisfied.
As added by P.L.119-2005, SEC.29.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 6. Notice of Death of an Officeholder › 5-8-6-6. Circuit Court Clerk's Notice

Sec. 6. (a) When a circuit court clerk:
(1) obtains information concerning the death of an officeholder of a county, city, town, township, or school corporation not subject to section 4 of this chapter; and
(2) is reasonably satisfied that the information described in subdivision (1) is true;
the circuit court clerk shall give notice of the death to the person described in subsection (b).
(b) The circuit court clerk shall give the notice required by subsection (a) to:
(1) the person who must give notice of any meeting or caucus required to fill the vacancy caused by the death; or
(2) if a meeting or caucus is not required to fill the vacancy, the person who has the power to fill the vacancy.
(c) The circuit court clerk shall give the notice required by subsection (a) not later than seventy-two (72) hours after the requirements of subsection (a)(1) and (a)(2) are satisfied.
As added by P.L.119-2005, SEC.29.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 3. Preference for Appointment of Veterans › 5-9-3-1. Civil Offices

Sec. 1. Persons honorably discharged from the military or naval service of the United States, by reason of disability resulting from wounds or sickness incurred in the line of duty, shall be preferred for appointment to civil offices, provided they are found to possess the capacity necessary for the proper discharge of such offices.
Formerly: Acts 1919, c.65, s.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 3. Preference for Appointment of Veterans › 5-9-3-2. Preference Points

Sec. 2. (a) Political subdivisions of the state of Indiana shall allow preference points to eligible armed forces veterans who are being examined for full time employment. Preference points awarded to such veterans on each such examination shall be ten percent (10%) of the total number of points which may be obtained thereon.
(b) To be eligible to receive preference points, under this chapter, a person must have:
(1) served on active duty in the armed forces of the United States for at least one hundred eighty-one (181) days; and
(2) received an honorable discharge.
(c) The provisions of this chapter are in lieu of any policy of a political subdivision allowing employment preference for veterans in effect before July 1, 1975.
Formerly: Acts 1975, P.L.38, SEC.1. As amended by P.L.3-2008, SEC.21.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-1. Applicability of Chapter

Sec. 1. (a) This chapter applies to a person who:
(1) holds a state, legislative, local, or school board office (all as defined in IC 3-5-2);
(2) is called into active duty in the:
(A) armed forces of the United States; or
(B) the national guard; and
(3) may not appoint a deputy under IC 5-6-2.
(b) This chapter may not be applied in violation of Article 2, Section 9 of the Constitution of the State of Indiana.
As added by P.L.79-2004, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-2. "Active Duty"

Sec. 2. As used in this chapter, "active duty" means full-time service in:
(1) the armed forces of the United States; or
(2) the national guard;
for a period that exceeds thirty (30) consecutive days in a calendar year.
As added by P.L.79-2004, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-3. "Armed Forces of the United States"

Sec. 3. As used in this chapter, "armed forces of the United States" means the active or reserve components of:
(1) the army;
(2) the navy;
(3) the air force;
(4) the coast guard;
(5) the marine corps; or
(6) the merchant marine.
As added by P.L.79-2004, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-4. "National Guard"

Sec. 4. As used in this chapter, "national guard" means:
(1) the Indiana army national guard; or
(2) the Indiana air national guard.
As added by P.L.79-2004, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-5. "Officeholder"

Sec. 5. As used in this chapter, "officeholder" refers to a person who holds a state, legislative, local, or school board office (all as defined in IC 3-5-2).
As added by P.L.79-2004, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-6. Officeholder's Leave of Absence for Active Duty

Sec. 6. (a) An officeholder who:
(1) is called into active duty in the:
(A) armed forces of the United States; or
(B) national guard; and
(2) as a result of the action described in subdivision (1), is unable to perform the duties of the officeholder's office;
is entitled to a leave of absence from the officeholder's office for the period of the active duty.
(b) An officeholder has not vacated the officeholder's office by taking a leave of absence described in subsection (a).
As added by P.L.79-2004, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-7. Written Notice of Leave; Person Receiving Notice; Contents of Notice

Sec. 7. (a) Except as provided in subsection (b) or (c), an officeholder who elects to take the leave of absence described in section 6 of this chapter shall give written notice that the officeholder is taking a leave of absence for military service to the person or entity designated in IC 5-8-3.5-1 to receive a resignation for the office the officeholder holds.
(b) An officeholder who is:
(1) a justice of the supreme court, a judge of the court of appeals, or a judge of the tax court; or
(2) a judge of a circuit, city, probate, or superior court;
shall give the written notice required by subsection (a) to the clerk of the supreme court.
(c) An officeholder who holds a school board office shall give the written notice required by subsection (a) to the person or entity designated in IC 20-25-3, IC 20-25-4, IC 20-25-5, IC 20-23-12.1, IC 20-23-14, IC 20-23-15, IC 20-23-4, or IC 20-26 to receive a resignation for the office the officeholder holds.
(d) The written notice required by subsection (a) must state that the officeholder is taking a leave of absence because the officeholder:
(1) has been called for active duty in:
(A) the armed forces of the United States; or
(B) the national guard; and
(2) will be temporarily unable to perform the duties of the officeholder's office.
As added by P.L.79-2004, SEC.1. Amended by P.L.1-2005, SEC.74; P.L.2-2014, SEC.13; P.L.184-2023, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-8. Temporary Appointment During Officeholder's Leave; Method and Term of Appointment; Rights, Duties, and Compensation of Appointee

Sec. 8. (a) Except as provided in subsection (b) and IC 36-5-6-9, during the officeholder's leave of absence, the officeholder's office must be filled by a temporary appointment made under:
(1) IC 3-13-4;
(2) IC 3-13-5;
(3) IC 3-13-6;
(4) IC 3-13-7;
(5) IC 3-13-8;
(6) IC 3-13-9;
(7) IC 3-13-10;
(8) IC 3-13-11;
(9) IC 20-23-4;
(10) IC 20-26;
(11) IC 20-23-12.1;
(12) IC 20-23-14;
(13) IC 20-23-15;
(14) IC 20-23-17;
(15) IC 20-23-17.2;
(16) IC 20-25-3;
(17) IC 20-25-4; or
(18) IC 20-25-5;
in the same manner as a vacancy created by a resignation is filled. A temporary appointment may be made in accordance with the applicable statute after the written notice required under section 7 of this chapter has been filed.
(b) For an officeholder who:
(1) is:
(A) a justice of the supreme court, a judge of the court of appeals, or a judge of the tax court; or
(B) a judge of a circuit, city, probate, or superior court; and
(2) is taking a leave of absence under this chapter;
the supreme court shall appoint a judge pro tempore to fill the officeholder's office in accordance with the court's rules and procedures.
(c) The person selected or appointed under subsection (a) or (b) serves until the earlier of:
(1) the date the officeholder's leave of absence ends as provided in section 10 of this chapter; or
(2) the officeholder's term of office expires.
(d) The person selected or appointed to an office under subsection (a) or (b):
(1) assumes all the rights and duties of; and
(2) is entitled to the compensation established for;
the office for the period of the temporary appointment.
As added by P.L.79-2004, SEC.1. Amended by P.L.1-2005, SEC.75; P.L.179-2011, SEC.9; P.L.2-2014, SEC.14; P.L.120-2015, SEC.2; P.L.74-2017, SEC.69; P.L.184-2023, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-9. Notice to Person or Entity Making the Appointment

Sec. 9. (a) Whenever the person or entity that receives the written notice under section 7(a) or 7(c) of this chapter has the power to fill a vacancy created by a resignation from the office the officeholder holds, the person or entity shall make the temporary appointment needed during the officeholder's leave of absence.
(b) Whenever the person or entity that receives the written notice under section 7(a) or 7(c) of this chapter does not have the power to fill a vacancy created by a resignation from the office the officeholder holds, the person or entity shall, not later than seventy-two (72) hours after receipt of the officeholder's notice, give written notice of the need for a temporary appointment during the officeholder's leave of absence to the person or entity who has the power to:
(1) fill a vacancy; or
(2) call a caucus under IC 3-13-11 for the purpose of filling a vacancy;
created by a resignation from the office the officeholder holds.
(c) Whenever the clerk of the supreme court receives the written notice under section 7(b) of this chapter, the clerk shall give notice of the officeholder's leave of absence to the supreme court in accordance with the court's rules and procedures.
As added by P.L.79-2004, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-10. Term of Leave; Officeholder's Notice of Return; Resumption of Duties

Sec. 10. (a) A leave of absence under this chapter begins on the date the officeholder enters active duty and ends on the earliest of:
(1) the date of the officeholder's death;
(2) the thirtieth day after the date of the discharge or release of the officeholder from active duty; or
(3) the date the officeholder provides the written notice required by subsection (b).
(b) An officeholder returning from a leave of absence under this chapter shall give written notice that the officeholder's leave of absence has ended to the person or entity to which the officeholder provided notice under section 7 of this chapter.
(c) The person or entity that receives the written notice under subsection (b) shall, not later than seventy-two (72) hours after receipt of the officeholder's notice, give written notice that the officeholder's leave of absence has ended to:
(1) the person temporarily appointed to the officeholder's office; and
(2) any person or entity that received the written notice of the leave of absence under section 9(b) of this chapter.
(d) On the date an officeholder's leave of absence ends, as determined under subsection (a), the officeholder shall resume the duties of the officeholder's office for the remainder of the term for which the officeholder was elected.
As added by P.L.79-2004, SEC.1. Amended by P.L.2-2005, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-11. Expiration of Officeholder's Term During Leave; Reelection

Sec. 11. (a) In the event that the officeholder's term of office expires during the officeholder's leave of absence, the office shall be filled as required by law.
(b) Except as provided by a federal law or regulation, an officeholder who is on a leave of absence under this chapter is entitled to become a candidate for and be elected to the office from which the officeholder has taken a leave of absence.
As added by P.L.79-2004, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 9. Leaves of Absence and Appointment Preferences for Military Service › Chapter 4. Leaves of Absence for Military Service › 5-9-4-12. Construction With Federal Law

Sec. 12. This chapter may not be construed as a restriction or limitation on any of the rights, benefits, and protections granted to a member of:
(1) the armed forces of the United States; or
(2) the national guard;
under federal law.
As added by P.L.79-2004, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 0.5. Limitations on Public Retirement Fund Investments › 5-10-0.5-1. Limitations on Investments by Public Retirement Fund Investments; Funds and Trust Funds Established for Common and Unified Plans of Self-Insurance

Sec. 1. (a) The prohibitions of Article 11, Section 12 of the Constitution of the State of Indiana do not apply to:
(1) the public employees' retirement fund (IC 5-10.3);
(2) the Indiana state teachers' retirement fund (IC 5-10.4);
(3) the Indiana state police pre-1987 benefit system (IC 10-12-3);
(4) the Indiana state police 1987 benefit system (IC 10-12-4);
(5) any other public pension or employee retirement fund administered by the board of trustees of the Indiana public retirement system; or
(6) any trust fund established for common and unified plans of self-insurance under IC 5-10-8-6 and IC 5-10-8-7(i).
(b) Investments of the funds listed in subsection (a) are subject to the following limitations and regulations:
(1) Investments of the public employees' retirement fund and any other public pension or employee retirement fund administered by the board of trustees of the Indiana public retirement system are subject to IC 5-10.3-5-3, including P.L.37-1996, and IC 5-10.5-5.
(2) Investments of the Indiana state teachers' retirement fund are subject to IC 5-10.4-3-10 and IC 5-10.5-5.
(3) Investments of the Indiana state police benefit system are subject to IC 10-12-2-2.
(4) Investments of any trust fund established for common and unified plans of self-insurance under IC 5-10-8-6 and IC 5-10-8-7(i) are subject to IC 5-10-8-6 and IC 5-10-8-7(i).
As added by P.L.39-1997, SEC.1. Amended by P.L.2-2003, SEC.21; P.L.2-2006, SEC.12; P.L.35-2012, SEC.20; P.L.217-2017, SEC.50.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-0.3. Legalization of Actions of School Corporations to Establish Certain Employee Savings Plans

Sec. 0.3. The actions taken by a school corporation before January 1, 1988, to:
(1) establish an employee savings plan that is a defined contribution plan qualified under Section 401(a) of the Internal Revenue Code; and
(2) contribute amounts to the employee savings plan on behalf of the employee, with those amounts to be credited and allocated to the employee;
are legalized.
As added by P.L.220-2011, SEC.63.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-1. Nonqualified Deferred Compensation Plans; Employee Savings Plans

Sec. 1. The state and any political subdivision (as defined by IC 36-1-2-13) may:
(1) agree with any employee to reduce and defer any portion of such employee's compensation which under federal law may be deferred under a nonqualified deferred compensation plan and subsequently contract for, purchase, or otherwise procure insurance and investment products appropriate for a nonqualified deferred compensation plan (all referred to in this chapter as "funding"), for the purpose of funding a deferred compensation plan for such employee;
(2) if the political subdivision is a school corporation, establish an employee savings plan that is a defined contribution plan qualified under Section 401(a) or 403(b) of the Internal Revenue Code, and contribute amounts to the plan on behalf of eligible employees to be credited and allocated to an account for each employee; and
(3) contribute amounts before January 1, 1995, and continue or begin to contribute amounts after January 1, 1995, to a nonqualified deferred compensation plan on behalf of eligible employees, subject to any limits and provisions under Section 457 of the Internal Revenue Code.
Formerly: Acts 1975, P.L.42, SEC.1. As amended by Acts 1980, P.L.27, SEC.1; P.L.42-1988, SEC.1; P.L.66-1995, SEC.1; P.L.65-1995, SEC.1; P.L.15-1998, SEC.1; P.L.68-2001, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-1.5. Defined Contribution Plan

Sec. 1.5. (a) The state, through the budget agency, may adopt a defined contribution plan, under Section 401(a) of the Internal Revenue Code, for the purpose of matching all or a specified portion of state employees' contributions to the state employees' deferred compensation plan and for any additional purposes established by statute.
(b) The deferred compensation committee shall be the trustee of a plan established under subsection (a) as described in section 4 of this chapter. A plan established under subsection (a) shall be administered by the auditor of state as described in section 5 of this chapter.
(c) The deferred compensation committee may approve funding offerings for a plan established under subsection (a), which may be the same as offerings for the state employees' deferred compensation plan. All funds in each plan shall be separately accounted for but may be commingled for investment purposes.
(d) Contributions to a plan established under subsection (a) are limited to the amount of biennial appropriations the budget agency determines are available for any such purposes. The deferred compensation committee may use funds available under the plan to hire or contract with qualified attorneys, financial advisers, or other professional or administrative persons that the committee believes are necessary or useful in the administration of the plan.
(e) A plan established under subsection (a) must include appropriate provisions concerning the plan's day to day operation and any other provisions that are appropriate. Notwithstanding IC 22-2-6-2, the plan may also include provisions for the use of automated voice response units and telephonic communications, online activities, and other technology for participant elections, directions, and services if the technology has sufficient capacity to record and store the elections and directions.
(f) The state is obligated at any particular time only for the current market value of the funding previously made to a plan established under subsection (a).
(g) The state board of finance shall extend the plan established under subsection (a) to any political subdivision that also elects to use the state employees' deferred compensation plan for its employees as authorized in section 7(b)(2) or 7(b)(3) of this chapter.
As added by P.L.195-1999, SEC.7 and P.L.273-1999, SEC.231. Amended by P.L.184-2001, SEC.2; P.L.220-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-2. Employee Defined

Sec. 2. As used in this chapter, "employee" means any person, including a person elected, appointed or under contract, receiving compensation from the state or any political subdivision as described in section 1 of this chapter.
Formerly: Acts 1975, P.L.42, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-3. Effective and Operative Dates

Sec. 3. A deferred compensation plan established under this chapter exists and serves in addition to other retirement, pension and benefit systems established by the state, or political subdivision, and may not effect a reduction of any retirement, pension or other benefit provided by applicable law. Any compensation deferred under such a plan shall continue to be included as regular compensation for the purpose of computing the retirement and pension benefits earned by any employee.
Formerly: Acts 1975, P.L.42, SEC.1. As amended by Acts 1977, P.L.51, SEC.1.