reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-1.5. Meeting Held Before Vacancy Exists; Notice of Meeting

Sec. 1.5. A town clerk-treasurer or president of the town council may give notice of a meeting under this chapter, and the meeting may be conducted under this chapter, before a vacancy in an office exists if the person holding the office has:
(1) submitted a written resignation under IC 5-8-3.5; or
(2) been elected to another office.
As added by P.L.219-2013, SEC.70.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-2. Office of Judge of Town Court

Sec. 2. (a) This section applies to a vacancy in the office of judge of a town court that is:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3.
(b) A vacancy shall be filled by the town council at a regular or special meeting.
(c) The town clerk-treasurer shall give notice of the meeting. The meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the meeting.
(e) If a vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of a judge;
the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.
(f) If a vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of a judge; and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citations: 3-2-10-5.5(b); 3-2-10-6 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.449; P.L.8-1989, SEC.9; P.L.4-1991, SEC.127; P.L.119-2005, SEC.16; P.L.278-2019, SEC.157.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-3. Office of Town Clerk-Treasurer

Sec. 3. (a) This section applies to a vacancy in the office of town clerk-treasurer:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3.
(b) A vacancy shall be filled by the town council at a regular or special meeting.
(c) The president of the town council shall give notice of the meeting. Except as provided in subsections (e) and (f), the meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the meeting.
(e) If a vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of the town clerk-treasurer;
the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the president of the town council receives notice of the death under IC 5-8-6. The president of the town council may not give the notice required by subsection (c) until the president of the town council receives notice of the death under IC 5-8-6.
(f) If a vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of the town clerk-treasurer; and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the president of the town council receives notice of the death under IC 5-8-6. The president of the town council may not give the notice required by subsection (c) until the president of the town council receives notice of the death under IC 5-8-6.
(g) If a town council is unable to select an individual to fill a vacancy in the office by complying with this section, a member of the town council may assume the duties of the town clerk-treasurer under IC 36-5-6-9.
[Pre-1986 Recodification Citation: 3-2-10-6 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.450; P.L.8-1989, SEC.10; P.L.4-1991, SEC.128; P.L.119-2005, SEC.17; P.L.120-2015, SEC.1; P.L.278-2019, SEC.158.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-4. Office of Town Council Member

Sec. 4. (a) This section applies to a vacancy in the town council:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3.
(b) The vacancy shall be filled by the remaining members of the council at a regular or special meeting.
(c) The town clerk-treasurer shall give notice of the meeting. Except as provided in subsections (e), (f), (g), and (h), the meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the meeting.
(e) If a vacancy:
(1) is not covered by subsection (f) or section 1 of this chapter; and
(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3);
the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5(3).
(f) If a vacancy:
(1) is not covered by subsection (e) or section 1 of this chapter; and
(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2);
the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.
(g) If a vacancy:
(1) is covered by section 1 of this chapter and not covered by subsection (h);
(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3); and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5(3).
(h) If a vacancy:
(1) is covered by section 1 of this chapter and not covered by subsection (g);
(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2); and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-6 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.451; P.L.8-1989, SEC.11; P.L.4-1991, SEC.129; P.L.174-2002, SEC.1; P.L.1-2003, SEC.7; P.L.119-2005, SEC.18; P.L.278-2019, SEC.159.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-4.5. Office of Town Council Member When More Than 50% of Seats Are Vacant

Sec. 4.5. (a) This section applies to a vacancy in the town council to be filled under section 4 of this chapter when more than fifty percent (50%) of the seats on the town council are vacant.
(b) The remaining member or a majority of the remaining members of the town council shall fill the vacancies under this chapter as the first item of business at a meeting of the town council even though a quorum would not then exist to conduct other town council business.
(c) If there are no remaining members of the town council in office or a tie vote occurs among the remaining members under subsection (b), the vacancies shall be filled by the town clerk-treasurer.
(d) If there are no remaining members of the town council and no clerk-treasurer in office, the vacancies in the office of clerk-treasurer and town council shall be filled by the county chairman of the major political party of the state whose candidate for secretary of state received the most votes in the last election for that office in the precincts in which the town is wholly or partially located.
As added by P.L.3-1995, SEC.132.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-5. Vacating Office by Incumbent Pending Outcome of Election Contest

Sec. 5. If, pending the outcome of an election contest, the incumbent vacates the office after the expiration of the incumbent's term, the vacancy shall be filled as are other vacancies under this chapter until the election is decided or the office is otherwise filled. This section does not affect the incumbent's right to hold over as provided in Article 15, Section 3 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: 3-2-10-7.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-5.5. Failure to Elect Town Council Member; Incumbent Holding Over

Sec. 5.5. If no candidate was elected to the office of town council from a district, the incumbent council member holds office under Article 15, Section 3 of the Constitution of the State of Indiana until a successor is elected and qualified.
As added by P.L.4-1991, SEC.130.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-5.6. Failure to Elect Enough At-Large Town Council Members; Determination of Holdover Council Members; Notice of Meeting

Sec. 5.6. (a) If fewer town council members have been elected at large than there were members to be elected, the town council shall determine, not later than December 31 following the election, the incumbent council member or members who hold office under Article 15, Section 3 of the Constitution of the State of Indiana until a successor is elected and qualified. If a tie vote occurs during the vote to determine the members that continue to hold office, the town clerk-treasurer casts the deciding vote under IC 36-5-2-8.
(b) The town clerk-treasurer shall give notice of the meeting.
(c) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each member of the town council at least ten (10) days before the meeting.
As added by P.L.4-1991, SEC.131. Amended by P.L.38-1999, SEC.65.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-6. Bond, Oath, Rights, and Duties of Person Filling Vacancy

Sec. 6. A person filling a vacancy under this chapter must give the same bond and take the same oath and has the same rights and duties as the official who vacated the office.
[Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-7. Term of Office

Sec. 7. A person selected to fill a vacant office under this chapter holds the office for the remainder of the term.
[Pre-1986 Recodification Citation: 3-2-10-9.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-1. Vacancy in Office Held by Candidate of Major Political Party

Sec. 1. A vacancy in a township office that was last held by a person elected or selected as a candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11.
[Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(a) part; 33-11.6-3-1 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.198.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-1.5. Meeting Held Before Vacancy Exists; Notice of Meeting

Sec. 1.5. A county auditor may give notice of a meeting under this chapter, and the meeting may be conducted under this chapter, before a vacancy in an office exists if the person holding the office has:
(1) submitted a written resignation under IC 5-8-3.5; or
(2) been elected to another office.
As added by P.L.219-2013, SEC.71.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-2. Office of Township Trustee

Sec. 2. (a) A vacancy in the office of township trustee:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3;
shall be filled by the board of commissioners of the county at a regular or special meeting.
(b) The county auditor shall give notice of the meeting.
(c) The meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs, if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each commissioner at least ten (10) days before the meeting.
(e) If the vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of the township trustee;
the meeting required by subsection (c) shall be held not later than thirty (30) days after the county circuit court clerk receives notice of the death under IC 5-8-6. The county auditor may not give the notice required by subsection (b) until the county circuit court clerk receives notice of the death under IC 5-8-6.
(f) If the vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of the township trustee; and
(3) exists for more than thirty (30) days;
the meeting required under subsection (c) shall be held not later than sixty (60) days after the county circuit court clerk receives notice of the death under IC 5-8-6. The county auditor may not give the notice required by subsection (b) until the county circuit court clerk receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.452; P.L.14-2004, SEC.170; P.L.119-2005, SEC.19; P.L.278-2019, SEC.160; P.L.227-2023, SEC.128.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-3. Office of Township Assessor

Sec. 3. (a) This section applies to a vacancy in the office of township assessor not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the county assessor, subject to the approval of the department of local government finance. Except as provided in subsection (c), the county assessor shall make the appointment not later than thirty (30) days after the vacancy occurs. If the vacancy occurred because the elected township assessor failed to qualify or was removed, the person who is appointed must be of the same political party as the elected township assessor.
(c) If a vacancy exists because of the death of the township assessor, the county assessor shall make the appointment required by subsection (b) not later than thirty (30) days after the county assessor receives notice of the death under IC 5-8-6. The county assessor may not fill the vacancy as required by subsection (b) until the county assessor receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(c).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.453; P.L.90-2002, SEC.1; P.L.119-2005, SEC.20.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-4. Township Board

Sec. 4. (a) A vacancy on the township board of a township:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3;
shall be filled by the board of commissioners of the county at a regular or special meeting.
(b) The county auditor shall give notice of the meeting.
(c) Except as provided in subsections (e) and (f), the meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs, if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each commissioner at least ten (10) days before the meeting.
(e) If a vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of a township board member;
the meeting required by subsection (c) shall be held not later than thirty (30) days after the county circuit court clerk receives notice of the death under IC 5-8-6. The county auditor may not give the notice required under subsection (b) until the county circuit court clerk receives notice of the death under IC 5-8-6.
(f) If a vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of a township board member; and
(3) exists for more than thirty (30) days;
the meeting required by subsection (c) shall be held not later than sixty (60) days after the county circuit court clerk receives notice of the death under IC 5-8-6. The county auditor may not give the notice required by subsection (b) until the county circuit court clerk receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.3; P.L.3-1987, SEC.454; P.L.14-2004, SEC.171; P.L.119-2005, SEC.21; P.L.194-2013, SEC.92; P.L.278-2019, SEC.161; P.L.227-2023, SEC.129.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-5. Office of Judge or Constable of Small Claims Court

Sec. 5. (a) This section applies to a vacancy in the office of judge of a small claims court or small claims court constable not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the township board at a regular or special meeting. The chairman of the township board shall give notice of the meeting. Except as provided in subsection (c), the meeting shall be held not later than thirty (30) days after the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each board member at least ten (10) days before the meeting.
(c) If a vacancy exists because of the death of a judicial officer, the meeting required by subsection (b) shall be held not later than thirty (30) days after the chairman of the township board receives notice of the death under IC 5-8-6. The chairman of the township board may not give the notice required by subsection (b) until the chairman of the township board receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 33-11.6-3-15 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.4; P.L.3-1987, SEC.455; P.L.119-2005, SEC.22.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-6. Vacating Office by Incumbent Pending Outcome of Election Contest

Sec. 6. If, pending the outcome of an election contest, the incumbent vacates the office after the expiration of the incumbent's term, the vacancy shall be filled as are other vacancies under this chapter until the election is decided or the office is otherwise filled. This section does not affect the incumbent's right to hold over as provided in Article 15, Section 3 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: 3-2-10-7.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-6.5. Failure to Elect Enough Township Board Members; Determination of Holdover Board Members; Notice of Meeting

Sec. 6.5. (a) If fewer candidates have been elected to the township board than there were members to be elected, the county executive shall determine, at a regular or special meeting, the incumbent board member or members that hold office under Article 15, Section 3 of the Constitution of the State of Indiana until a successor is elected and qualified.
(b) The county auditor shall give notice of the meeting, which shall be held as follows:
(1) Not earlier than the thirtieth day before the general election.
(2) Not later than December 31 following the general election.
(c) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each member of the county executive at least ten (10) days before the meeting.
As added by P.L.4-1991, SEC.132.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-7. Bond, Oath, Rights, and Duties of Person Filling Vacancy

Sec. 7. A person filling a vacancy under this chapter must give the same bond and take the same oath and has the same rights and duties as the official who vacated the office.
[Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 10. Vacancies in Township Offices Not Held by a Major Party › 3-13-10-8. Term of Office

Sec. 8. A person selected to fill a vacant office under this chapter holds the office for the remainder of the term.
[Pre-1986 Recodification Citation: 3-2-10-9.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-1. Sections Requiring Following of Caucus Procedure; Appointments Pro Tempore

Sec. 1. The caucus procedure prescribed by this chapter for filling vacancies in local offices must be followed whenever required by IC 3-13-6-2, IC 3-13-6-3(a), IC 3-13-7-1, IC 3-13-8-1, IC 3-13-9-1, or IC 3-13-10-1. Selections made under this chapter (or under IC 3-2-9 before its repeal on March 4, 1986) are appointments pro tempore for the purposes of Article 2, Section 11 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.5; P.L.15-1987, SEC.2; P.L.14-1988, SEC.2; P.L.3-1990, SEC.13; P.L.19-1995, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-2. Repealed

[Pre-1986 Recodification Citation: 3-2-9-2(b).]
As added by P.L.5-1986, SEC.9. Repealed by P.L.3-1987, SEC.570.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-3. Calling of Caucus; Withdrawal of Resignation; When Caucus to Be Held

Sec. 3. (a) Except as provided in subsections (b) and (e) and section 3.5 of this chapter, after a vacancy occurs and not later than ten (10) days after a vacancy occurs in an office subject to this chapter, the county chairman:
(1) of the county in which the greatest percentage of the population of the election district of the office is located; and
(2) of the same political party that elected or selected the official who vacated the office;
shall give notice of a caucus to all eligible precinct committeemen.
(b) A county chairman may give notice of a caucus before the time specified under subsection (a) if a vacancy will exist because the official has:
(1) submitted a written resignation under IC 5-8-3.5;
(2) been elected to another office; or
(3) submitted a notice under IC 5-9-4 to take a leave of absence for active duty in the armed forces or national guard.
(c) Notwithstanding IC 5-8-4, a person may not withdraw the person's resignation after the resignation has been accepted by the person authorized to accept the resignation less than seventy-two (72) hours before the announced starting time of a caucus under this section.
(d) Except as provided in subsections (e) and (f) and section 3.5 of this chapter, a caucus under this section shall be held after giving notice to caucus members under section 4 of this chapter and not later than thirty (30) days after the vacancy occurs.
(e) If a vacancy exists in an office because of the death of the officeholder, the caucus shall meet and select an individual to fill the vacancy not later than thirty (30) days after the county chairman receives notice of the death under IC 5-8-6. The county chairman shall give notice to caucus members under section 4 of this chapter. The county chairman may not give the notice required by section 4 of this chapter until the county chairman receives notice of the death under IC 5-8-6.
(f) If a person or entity that receives notice of a resignation under IC 5-8-3.5-1(b) fails to provide timely notice of the resignation to the person or entity with the power to fill the vacancy or call the caucus, the person or entity with the power to fill the vacancy or call that caucus:
(1) may immediately proceed to fill the vacancy or call the caucus without prior receipt of the notice; and
(2) must do so not later than thirty (30) days after receiving the notice from the person or entity that received the notice of resignation.
[Pre-1986 Recodification Citation: 3-2-9-5(a).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.456; P.L.10-1988, SEC.199; P.L.4-1991, SEC.133; P.L.3-1997, SEC.396; P.L.174-2002, SEC.2; P.L.119-2005, SEC.23; P.L.194-2013, SEC.93; P.L.74-2017, SEC.67; P.L.278-2019, SEC.162.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-3.5. Vacancy on Town Council Because of Member's Residency; Calling Caucus; When Caucus Must Be Held

Sec. 3.5. (a) If a vacancy exists on a town council because a circumstance has occurred under IC 36-5-2-6.5(3), the caucus shall meet and select an individual to fill the vacancy not later than thirty (30) days after the county chairman receives a notice of the vacancy under IC 5-8-5.
(b) The county chairman shall:
(1) give notice of the caucus meeting to caucus members under section 4 of this chapter; and
(2) keep the notice of the vacancy with the records of the caucus.
As added by P.L.174-2002, SEC.3. Amended by P.L.1-2003, SEC.8; P.L.119-2005, SEC.24.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-4. Notice of Caucus

Sec. 4. The notice for a caucus under section 3 of this chapter must:
(1) be in writing;
(2) state the name of the chairman of the caucus;
(3) state the purpose of the caucus;
(4) state the date, time, and place of the caucus; and
(5) be sent by first class mail to each member of the caucus at least ten (10) days before the caucus.
[Pre-1986 Recodification Citation: 3-2-9-5(b).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.457.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-5. Members of Caucus; Eligibility

Sec. 5. (a) To be eligible to be a member of a caucus under this chapter, a precinct committeeman must satisfy the following:
(1) Be a member of the same political party that elected or selected the person who vacated the office to be filled.
(2) Be the precinct committeeman of a precinct in which voters were eligible to vote for the person who vacated the office to be filled at the last election conducted or permitted for the office.
(3) Satisfy the other requirements of this section.
An elected precinct committeeman is eligible to participate in a caucus called under this chapter, regardless of when the vacancy in the office occurred.
(b) An appointed precinct committeeman is eligible to participate in a caucus called under this chapter if the precinct committeeman was a precinct committeeman thirty (30) days before the vacancy occurred.
(c) If fewer than two (2) persons are eligible to be members of a caucus under this section, the county chairman entitled to give notice of a caucus under section 3 of this chapter shall fill the vacancy, no later than thirty (30) days after the vacancy occurs. A chairman acting under this subsection is not required to conduct a caucus.
[Pre-1986 Recodification Citation: 3-2-9-3.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.458; P.L.10-1988, SEC.200; P.L.5-1989, SEC.68; P.L.3-1993, SEC.227; P.L.38-1999, SEC.66; P.L.176-1999, SEC.116; P.L.26-2000, SEC.29.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-6. Chairman of Caucus

Sec. 6. The county chairman:
(1) of the county in which the greatest percentage of the population of the election district is located; and
(2) of the same political party that elected or selected the official who vacated the office to be filled;
(or an individual designated by the county chairman) is the chairman of a caucus held under this chapter. The chairman is not eligible to vote in the caucus unless the chairman is also a member of the caucus.
[Pre-1986 Recodification Citation: 3-2-9-4.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.459; P.L.10-1988, SEC.201; P.L.225-2011, SEC.86.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-7. Required Filings for Pro Tempore Appointment

Sec. 7. (a) This section does not apply to a vacancy filled by a county chairman under section 5(c) of this chapter.
(b) A person who wishes to be a candidate for pro tempore appointment to fill a vacancy under this chapter must file:
(1) a declaration of candidacy with the chairman of the caucus; and
(2) a statement of economic interests with the commission on judicial qualifications if the vacancy is in the office of prosecuting attorney;
at least seventy-two (72) hours before the time fixed for the caucus.
[Pre-1986 Recodification Citation: 3-2-9-6.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.6; P.L.5-1989, SEC.69; P.L.19-1995, SEC.3; P.L.38-1999, SEC.67.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-8. Caucus Rules of Procedure; Tie Vote; Effect of Lack of Quorum

Sec. 8. (a) Except as provided in this chapter, the caucus shall establish the caucus rules of procedure. The chairman or an individual designated by the chairman shall break any tie vote that occurs in the caucus.
(b) If a quorum required under the rules of a meeting held under this chapter is not present, the county chairman or an individual designated by the county chairman shall fill the vacancy that exists in the local office.
[Pre-1986 Recodification Citation: 3-2-9-8.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.7; P.L.3-1987, SEC.460; P.L.96-2012, SEC.6; P.L.216-2015, SEC.33.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-9. Voting by Proxy

Sec. 9. (a) Except as provided in this section, voting by proxy is not permitted in a caucus held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a caucus held under this chapter and vote as a proxy for the vice committeeman's precinct committeeman if all of the following apply:
(1) The vice committeeman's precinct committeeman is otherwise eligible to participate in the caucus under this chapter. This subdivision is satisfied if the vacancy to be filled under this chapter resulted from the death of an individual holding a local office who also served as a precinct committeeman.
(2) The vice committeeman's precinct committeeman is not present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman is eligible to participate in a caucus held under this chapter and vote the precinct committeeman's proxy, regardless of when the vacancy occurred, if the vice committeeman was the vice committeeman five (5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c), the vice committeeman is eligible to participate in a caucus held under this chapter and vote the precinct committeeman's proxy only if the vice committeeman was the vice committeeman thirty (30) days before the vacancy occurred.
[Pre-1986 Recodification Citation: 3-2-9-7.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.8; P.L.3-1987, SEC.461; P.L.10-1988, SEC.202; P.L.3-1995, SEC.133; P.L.26-2000, SEC.30; P.L.199-2001, SEC.27.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-10. Selection of Person to Fill Vacancy; Secret Ballot

Sec. 10. The members of a caucus held under this chapter shall select, by a majority vote of those casting a vote for a candidate, a person to fill the vacancy described in the written notice of the caucus. If more than one (1) person seeks to fill the vacancy, the selection shall be conducted by secret ballot.
[Pre-1986 Recodification Citation: 3-2-9-9.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.9; P.L.3-1987, SEC.462; P.L.74-2017, SEC.68.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-11. Certification of Pro Tempore Appointment Results; Forwarding Certificates; Filing Certificates

Sec. 11. (a) No later than noon five (5) days after:
(1) the selection required by section 10 of this chapter; or
(2) a selection under section 5(c) of this chapter;
the chairman shall certify the pro tempore appointment results to the circuit court clerk of the county in which the greatest percentage of the population of the election district is located.
(b) This subsection applies to the selection of an individual for an appointment pro tempore as judge of a town court, prosecuting attorney, circuit court clerk, county auditor, county recorder, county treasurer, county sheriff, county coroner, or county surveyor. The clerk shall forward a copy of the certificate to the election division. The election division shall prepare a commission for issuance under IC 4-3-1-5 in the same manner that the election division prepares a commission following the election of an individual to the office.
(c) This subsection applies to the selection of an individual for an appointment pro tempore to a local office not described in subsection (b). The clerk shall file the certificate in the clerk's office in the same manner as certificates of election are filed. Within twenty-four (24) hours after the certificate is filed, the clerk shall issue a copy of the certificate to the individual named in the certificate.
[Pre-1986 Recodification Citation: 3-2-9-10.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.10; P.L.10-1988, SEC.203; P.L.5-1989, SEC.70; P.L.38-1999, SEC.68; P.L.26-2000, SEC.31.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-12. Chief Deputy Employee; Assumption of Duties During Vacancy; Except Office of Judge, Member of Fiscal or Legislative Body

Sec. 12. (a) This section does not apply to the office of a judge or a member of a fiscal or legislative body.
(b) Subject to sections 13 through 17 of this chapter, the chief deputy employee of the office that is vacant assumes the duties of that office for the period of time between when a vacancy occurs and when the office is filled under this chapter in a circuit, county, city, town, or township office.
[Pre-1986 Recodification Citation: 3-2-9-11(a) part, (b) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.14-2004, SEC.172; P.L.227-2023, SEC.130.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-13. Chief Deputy Employee Except for Office of Judge; Appointment if Position Declined, Person Ineligible, or Position Not Established

Sec. 13. (a) This section does not apply to the office of a judge.
(b) In accordance with section 12 of this chapter, if a chief deputy employee does not exist in a circuit or county office, or the chief deputy employee declines or is ineligible to serve, the board of county commissioners shall appoint, as soon as is reasonably possible, a person to assume the duties of the office until the office is filled under this chapter.
(c) If a circuit contains more than one (1) county, the boards of county commissioners of the counties shall meet in joint session at the county seat of the county that contains the greatest percentage of population of the circuit to appoint an individual under this section.
[Pre-1986 Recodification Citation: 3-2-9-11(a)(4).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1993, SEC.228; P.L.14-2004, SEC.173.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-14. City Controller Assumes Duty of Mayor if Position of Deputy Mayor Not Established in First or Second Class City

Sec. 14. In accordance with section 12 of this chapter, if the position of deputy mayor is not established by ordinance in a first class or second class city, the city controller assumes the duties of mayor until the office is filled under this chapter.
[Pre-1986 Recodification Citation: 3-2-9-11(a)(1).]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-15. President Pro Tempore of Common Council Assumes Duty of Mayor if Position of Deputy Mayor Not Established in Third Class City

Sec. 15. In accordance with section 12 of this chapter, if the position of deputy mayor is not established by ordinance in a third class city, the president pro tempore of the common council assumes the duties of mayor until the office is filled under this chapter.
[Pre-1986 Recodification Citation: 3-2-9-11(a)(2).]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-16. Appointment to Office of Clerk or Clerk-Treasurer if Chief Deputy Position Not Established, Person Ineligible, or Position Declined

Sec. 16. In accordance with section 12 of this chapter, if a chief deputy employee does not exist in the office of clerk or clerk-treasurer of a city or town, or the chief deputy employee declines or is ineligible to serve, the mayor of the city or the president of the town council shall appoint, as soon as is reasonably possible, a person to assume the duties of the office until the office is filled under this chapter.
[Pre-1986 Recodification Citation: 3-2-9-11(a)(3).]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1989, SEC.12; P.L.3-1993, SEC.229; P.L.14-2004, SEC.174.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-17. Circumstances in Which Township Board Chairman Assumes Duties of Township Office Except for Office of Judge or Township Board Member

Sec. 17. (a) This section does not apply to the office of a judge or a township board member.
(b) In accordance with section 12 of this chapter, if a chief deputy employee does not exist in a township office or the chief deputy employee declines or is ineligible to serve, the chairman of the township board assumes the duties of the township office until the office is filled under this chapter.
[Pre-1986 Recodification Citation: 3-2-9-11(b) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.5; P.L.3-1993, SEC.230; P.L.14-2004, SEC.175.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-18. Rights and Duties of Person Assuming Duties of Vacant Office

Sec. 18. A person who assumes the duties of a vacant office under this chapter has all of the office's rights and duties. Except as provided in IC 3-13-6, the person serves for the remainder of the unexpired term.
[Pre-1986 Recodification Citation: 3-2-9-11(c).]
As added by P.L.5-1986, SEC.9. Amended by P.L.38-1999, SEC.69.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-19. Vacancies; Candidates Eligible for Pro Tempore Appointment

Sec. 19. The person who last held a vacated office may not be a candidate for pro tempore appointment to fill a vacancy in that office under this chapter for the remainder of the term.
As added by P.L.8-1986, SEC.11.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-20. Vacancies; Authority to Fill

Sec. 20. Except as expressly provided in this article, if a person:
(1) is authorized to fill a vacancy in office or to determine which incumbent continues to hold an office under IC 3-13-9-5.6 or IC 3-13-10-6.5; and
(2) fails to fill the vacancy or determine which incumbent continues to hold office before the deadline prescribed by statute;
the person retains the authority to fill the vacancy or to determine which incumbent continues to hold office.
As added by P.L.3-1997, SEC.397.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties › 3-13-11-21. Applicability of Provisions Concerning Temporary Filling of Vacancy

Sec. 21. Sections 12 through 20 of this chapter apply to a vacancy in an office to be filled under:
(1) this chapter; or
(2) IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, or IC 3-13-10.
As added by P.L.3-1997, SEC.398.
2023 Indiana Code › Title 3. Elections › Article 14. Offenses › Chapter 1. Campaign Violations › 3-14-1-1. Defacing, Falsifying, or Destroying Declarations, Requests, Petitions, or Certificates

Sec. 1. A person who knowingly:
(1) falsely makes or fraudulently defaces or destroys a declaration of candidacy, request for ballot placement under IC 3-8-3, certificate or petition of nomination, recount petition or cross-petition, contest petition, or certificate of candidate selection, or a part of the declaration, request, petition, or certificate;
(2) files a declaration of candidacy, request for ballot placement under IC 3-8-3, certificate or petition of nomination, recount petition or cross-petition, contest petition, or certificate of candidate selection, knowing any part thereof to be falsely made;
(3) refuses to execute a certificate of nomination or candidate selection when required by this title to do so and knowing that the candidate has been nominated or selected;
(4) if the document is listed in subdivision (1), refuses to:
(A) receive the document; or
(B) record the date and time the document was received;
when presented in accordance with this title; or
(5) suppresses a declaration of candidacy, request for ballot placement under IC 3-8-3, petition or certificate of nomination, recount petition or cross-petition, contest petition, or certificate of candidate selection, that has been duly filed, or any part of the declaration, request, petition, or certificate;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988, SEC.204; P.L.158-2013, SEC.4; P.L.234-2017, SEC.1.
2023 Indiana Code › Title 3. Elections › Article 14. Offenses › Chapter 1. Campaign Violations › 3-14-1-2. Printing, Publishing, or Distributing of Slate During Primary Campaign Without Authority

Sec. 2. (a) A person who:
(1) prints, publishes, or distributes a slate during a primary election campaign without authority from and:
(A) over the name of an organization of voters, including the name of the organization and its officers; or
(B) if it is not an organized group of voters, over the names of at least ten (10) voters in the political subdivision in which the primary election is being held;
together with the name of the printer who printed the slate;
(2) prints on a slate during a primary election campaign the name or number of a candidate without the candidate's written consent; or
(3) prints, publishes, or distributes a slate during a primary election campaign unless at least five (5) days before it is printed and published the written consent of the voters over whose names it is published and the written consent of the candidates in whose behalf it is distributed are filed in the office of the county election board in each county where the election is held;
commits a Class A misdemeanor.
(b) As used in this section, "slate" means a sample ballot, reproduction of an official ballot, or a listing of candidates:
(1) having the names or numbers of more than one (1) candidate for nomination at a primary election; and
(2) that expresses support for more than one (1) of the candidates set forth on the ballot or list.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.463; P.L.10-1988, SEC.205; P.L.3-1997, SEC.399.