reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-8. Written Certificate of Candidate Selection

Sec. 8. (a) The chairman or chairmen filling a candidate vacancy under this chapter shall immediately file a written certificate of candidate selection on a form prescribed by the election division stating the following information for each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(2) The residence address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) one (1) or more chairmen acting under section 2, 3, 4, or 5(b) of this chapter; or
(B) a committee acting under section 5(b) of this chapter to fill a candidate vacancy for the office of judge of a circuit, superior, probate, county, or small claims court or prosecuting attorney; or
(2) the circuit court clerk of the county in which the greatest percentage of the population of the election district is located, for a chairman acting under section 5(a) of this chapter to fill a candidate vacancy for a local office not described in subdivision (1).
(c) The certificate required by subsection (a) shall be filed not more than three (3) days (excluding Saturdays and Sundays) after selection of the candidate.
(d) A certificate filed under this section is not effective unless the candidate selected to fill the candidate vacancy has filed a statement of economic interests under IC 3-8-9-5.
[Pre-1986 Recodification Citation: 3-1-11-10.1(e) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.425; P.L.10-1988, SEC.189; P.L.3-1997, SEC.389; P.L.202-1999, SEC.24; P.L.66-2003, SEC.50; P.L.2-2005, SEC.5; P.L.169-2015, SEC.156.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-9. Certified List of Name and Address of Candidate

Sec. 9. The election division shall furnish each circuit court clerk of a county in which the election district is located with a certified list of the name and address of each candidate selected under section 8 of this chapter. If a certificate of candidate selection filed with the election division is questioned under IC 3-8-1-2, the election division shall indicate on the certified list that the candidate's name is not to be printed on the ballot until the question is resolved by the commission or by a court with jurisdiction in the matter.
[Pre-1986 Recodification Citation: 3-1-11-10.1(e) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.426; P.L.10-1988, SEC.190; P.L.3-1997, SEC.390; P.L.202-1999, SEC.25.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-10. Eligibility of Persons Defeated in Primary Election or Town or State Convention

Sec. 10. A person who was defeated in a primary election or in a town or state convention is eligible to be appointed by the person's own political party to fill any vacancy on the party's ticket as a candidate in any general, municipal, or special election following that primary election or convention.
[Pre-1986 Recodification Citation: 3-2-2-1 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.427.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-11. Validity of Certificate of Candidate Selection

Sec. 11. (a) All questions concerning the validity of a certificate of candidate selection filed with the election division shall be determined by the commission. A statement questioning the validity of a certificate of candidate selection must be filed with the election division under IC 3-8-1-2(d) not later than noon fourteen (14) days before general election day.
(b) All questions concerning the validity of a certificate of candidate selection filed with a circuit court clerk shall be determined by the county election board. A statement questioning the validity of a certificate of candidate selection must be filed with the county election board under IC 3-8-1-2(d) not later than noon fourteen (14) days before general election day.
(c) The commission or a county election board shall rule on the validity of the certificate of candidate selection not later than noon seven (7) days before general election day.
As added by P.L.3-1995, SEC.131. Amended by P.L.2-1996, SEC.206; P.L.3-1997, SEC.391; P.L.58-2001, SEC.5; P.L.74-2017, SEC.66.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 2. Late Candidate Vacancies › 3-13-2-12. Vacancy Filled by State Committee of Certain Minor Parties

Sec. 12. (a) This section applies to a political party subject to IC 3-8-4-10.
(b) A candidate vacancy under this chapter shall be filled by the state committee of the political party. The chairman of the state committee shall act in accordance with section 8 of this chapter to certify the candidate selected to fill the vacancy.
As added by P.L.3-1997, SEC.392.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 3. Vacancies in Federal Offices › 3-13-3-1. United States Senate; Appointment to Fill Vacancy; Special Election

Sec. 1. (a) A vacancy that occurs, other than by resignation, in the United States Senate shall be certified to the governor by the secretary of state.
(b) The governor shall immediately fill a vacancy in the United States Senate by appointing a person possessing the qualifications required under Article 1, Section 3, Clause 3 of the Constitution of the United States. The person appointed holds office until the next general election, when the vacancy shall be filled by the election of a Senator in a special election to hold office for the unexpired term.
(c) If a vacancy in the United States Senate occurs after noon on the date the election division is required to certify general election candidates to each county election board under IC 3-8-7-16, the person appointed under subsection (b) holds office until the vacancy is filled in a special election held at the time of the next general election following the general election for which the candidate certification had been issued under IC 3-8-7-16.
[Pre-1986 Recodification Citations: 3-1-13-2; 3-1-13-3.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.428; P.L.10-1989, SEC.18; P.L.194-2013, SEC.90.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 3. Vacancies in Federal Offices › 3-13-3-2. United States House of Representatives; Special Election

Sec. 2. (a) A vacancy that occurs, other than by resignation, in the United States House of Representatives shall be certified to the governor by the circuit court clerk of the county in which the Representative resided.
(b) A special election shall be held to fill a vacancy in the United States House of Representatives in accordance with IC 3-10-8.
[Pre-1986 Recodification Citation: 3-1-19-1(1).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.429.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 4. Vacancies in State Offices › 3-13-4-1. Governor or Lieutenant Governor

Sec. 1. A vacancy in the office of governor or lieutenant governor shall be filled as provided in Article 5, Section 10 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 10 part.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 4. Vacancies in State Offices › 3-13-4-2. Office of Justice of Supreme Court, Judge of the Court of Appeals, or Judge of Tax Court

Sec. 2. A vacancy in the office of justice of the supreme court, judge of the court of appeals, or judge of the tax court shall be filled as provided in IC 33-27.
[Pre-1986 Recodification Citations: Ind. Const. Art. 7, §§ 9, 10, 11; 33-3-5-6.]
As added by P.L.5-1986, SEC.9. Amended by P.L.98-2004, SEC.41.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 4. Vacancies in State Offices › 3-13-4-3. Other State Offices

Sec. 3. (a) This section applies to a vacancy that occurs in a state office other than governor, lieutenant governor, or a judicial office.
(b) If a state officer wants to resign from office, the state officer must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs in a state office because of the death of the state officer may be certified to the governor under IC 5-8-6. The governor may not fill a vacancy as provided by law until the governor receives notice of the death under IC 5-8-6.
(d) A vacancy that occurs in a state office other than by resignation or death shall be certified to the governor by the circuit court clerk of the county in which the officer resided.
(e) The governor shall fill a vacancy in a state office by appointment of a person of the same political party as the officer who held the vacated office.
(f) The person who is appointed by the governor holds office for the remainder of the unexpired term and until a successor is elected and qualified.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 18 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.430; P.L.119-2005, SEC.1; P.L.225-2011, SEC.84.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-0.1. Application of Chapter; Legislative Office Held by Person Elected or Selected by Major Political Party; Filling Legislative Vacancy by Other Parties

Sec. 0.1. (a) This chapter applies only to a vacancy in a legislative office that was last held by a person elected or selected as a candidate of a major political party of the state.
(b) A vacancy in a legislative office that was last held by a person elected or selected as a candidate of a political party described by IC 3-8-4-10 shall be filled by the state committee of the political party. The state chairman of the party shall certify the selection of an individual to fill the vacancy in the manner prescribed under section 6 of this chapter.
(c) A vacancy in a legislative office that was last held by a person not described in subsection (a) or (b) shall be filled by a special election held as provided in IC 3-10-8.
As added by P.L.164-2006, SEC.130.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-1. Caucus Selection of Successor

Sec. 1. (a) A vacancy in a legislative office shall be filled by a caucus comprised of the precinct committeemen from the senate or house district where the vacancy exists who represent the same political party that elected or selected the person who held the vacated seat.
(b) Not later than thirty (30) days after the vacancy occurs (or as provided in subsections (c) and (d)), the caucus shall meet and select a person to fill the vacancy by a majority vote of those casting a vote for a candidate, including vice committeemen eligible to vote as a proxy under section 5 of this chapter.
(c) A state chairman may give notice of a caucus before the time specified under subsection (b) if a vacancy will exist because the official has:
(1) submitted a written resignation under IC 5-8-3.5 that has not yet taken effect;
(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.
(d) If a vacancy in a legislative office exists because of the death of the legislator, the caucus shall meet and select a person to fill the vacancy not later than thirty (30) days after the state chairman receives notice of the death of the legislator from the secretary of state under IC 5-8-6.
(e) Notwithstanding IC 5-8-4, a person may not withdraw the person's resignation after the resignation has been accepted by the person authorized to accept the resignation less than seventy-two (72) hours before the announced starting time of the caucus under this chapter.
(f) The person selected must reside in the district where the vacancy occurred.
[Pre-1986 Recodification Citation: 2-2.1-2-1 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.2; P.L.3-1987, SEC.431; P.L.10-1988, SEC.191; P.L.3-1997, SEC.393; P.L.26-2000, SEC.26; P.L.119-2005, SEC.2; P.L.278-2019, SEC.154.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-2. Meeting; Place, Date, and Time

Sec. 2. (a) The state chairman of the political party that elected or selected the person who held the vacated seat shall set the place, date, and time of a caucus meeting. The chairman shall send a notice, by first class mail, of the purpose, place, date, and time of the meeting to all precinct committeemen in the caucus at least ten (10) days before the meeting.
(b) If a vacancy in a legislative office exists because of the death of the legislator, the state chairman may not send the notice required by subsection (a) until the state chairman receives notice of the death from the secretary of state under IC 5-8-6.
[Pre-1986 Recodification Citation: 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.192; P.L.119-2005, SEC.3.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-3. Presiding Officer at Caucus Meeting; Candidate Filings; Rules of Procedure

Sec. 3. (a) The state chairman or a person designated by the state chairman shall preside over a caucus meeting held under this chapter.
(b) A person who desires to be a candidate to fill a vacancy under this chapter must file:
(1) a declaration of candidacy with the chairman of the caucus; and
(2) a statement of economic interests under IC 2-2.2-2 with the secretary of the senate or principal clerk of the house of representatives;
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, the chairman and precinct committeemen may adopt rules of procedure that are necessary to conduct business.
[Pre-1986 Recodification Citation: 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.432; P.L.225-2011, SEC.85; P.L.123-2015, SEC.20.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-4. Precinct Committeeman to Have One Vote; Eligibility

Sec. 4. (a) To be eligible to participate in a caucus called under this chapter, an elected precinct committeeman must be entitled to vote for the legislative office for which a successor is to be selected. An elected precinct committeeman is eligible to participate in a caucus called under this chapter, regardless of when the vacancy in the legislative office occurred.
(b) An appointed precinct committeeman is eligible to participate in a caucus called under this chapter if the precinct committeeman was a committeeman thirty (30) days before the vacancy occurred.
(c) An individual eligible to participate in a caucus held under this chapter has one (1) vote.
[Pre-1986 Recodification Citation: 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.38-1999, SEC.64; P.L.176-1999, SEC.115; P.L.26-2000, SEC.27.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-5. Voting by Proxy

Sec. 5. (a) Except as provided in this section, voting by proxy is not allowed in a caucus held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a caucus held under this chapter and vote as a proxy for the vice committeeman's precinct committeeman if all of the following apply:
(1) The vice committeeman's precinct committeeman is otherwise eligible to participate in the caucus under this chapter. This subdivision is satisfied if the vacancy to be filled under this chapter resulted from the death of an individual holding a legislative office who also served as a precinct committeeman.
(2) The vice committeeman's precinct committeeman is not present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman is eligible to participate in a caucus held under this chapter and vote the precinct committeeman's proxy 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.
(e) Voting shall be conducted by secret ballot, and IC 5-14-1.5-3(b) does not apply to this chapter.
[Pre-1986 Recodification Citations: 2-2.1-2-1 part; 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.3; P.L.10-1988, SEC.193; P.L.3-1997, SEC.394; P.L.26-2000, SEC.28; P.L.278-2019, SEC.155.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-6. Certification of Name of Person Selected to President Pro Tempore of Senate or Speaker of House of Representatives; Transmittal to Secretary of State

Sec. 6. The state chairman shall certify the name of the person selected under section 1 of this chapter to the president pro tempore of the senate or the speaker of the house of representatives, as appropriate, who shall acknowledge receipt of the certification, submit a copy of the certificate to be included in the journal of the house or senate:
(1) of the day when the individual is seated; or
(2) if the certificate is received after the adjournment sine die of the general assembly, of the first day that the chamber is in session following receipt of the certificate;
and immediately forward the certificate to the secretary of state.
[Pre-1986 Recodification Citation: 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1997, SEC.395.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-7. Secretary of State to Certify Person Selected to Fill Vacated Seat

Sec. 7. The secretary of state shall, within fourteen (14) days after receipt of the certification under section 6 of this chapter, certify the person selected to fill the vacated seat.
[Pre-1986 Recodification Citation: 2-2.1-2-3.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-8. Rights and Duties of Person Selected to Fill Vacancy

Sec. 8. A person certified to fill a vacancy under this chapter has all the rights and duties of a member of the general assembly elected at a general election. The person serves for the remainder of the unexpired term.
[Pre-1986 Recodification Citation: 2-2.1-2-4.]
As added by P.L.5-1986, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-9. Determination of House of General Assembly That Person Should Not Be Seated Because of Ineligibility; Filling of Seat; Constitutional Eligibility Requirements

Sec. 9. If a house of the general assembly determines that a person should not be seated as a member of that house because that person was ineligible to hold the seat for which a certificate of election has been issued by the secretary of state, the seat shall be filled under this chapter. A person selected to fill a vacant seat under this section must meet all requirements set forth in Article 4, Section 7 of the Constitution of the State of Indiana as of the date of the general election for which the ineligible person who was not seated received a certificate of election.
[Pre-1986 Recodification Citations: 2-2.1-2-5; 2-2.1-2-6.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.433.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 5. Vacancies in Legislative Offices › 3-13-5-10. Vacancies; Eligible Candidates

Sec. 10. The person who last held a vacated legislative office may not be a candidate for selection to fill a vacancy in that office under this chapter for the remainder of the term.
As added by P.L.8-1986, SEC.4.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 6. Vacancies in County Judicial and Circuit Offices › 3-13-6-1. Certification of Vacancy to Governor; Manner of Filling Vacancy

Sec. 1. (a) As used in this section, "judge" refers to a judge of a circuit, superior, or probate court.
(b) If a judge wants to resign from office, the judge must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a judge, shall be certified to the governor by the circuit court clerk of the county in which the judge resided.
(e) A vacancy in the office of judge of a circuit court shall be filled by the governor as provided by Article 5, Section 18 of the Constitution of the State of Indiana. However, the governor may not fill a vacancy that occurs because of the death of a judge until the governor receives notice of the death under IC 5-8-6.
(f) The person who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election for the office, and qualified;
whichever occurs first.
(g) Except in a year in which the office is scheduled to be placed on the ballot, and except as provided in this subsection, the office of judge of the circuit court shall be elected at the next general election following the date any vacancy occurred. If a vacancy occurs in the office of judge of the circuit court after noon seventy-four (74) days before a general election, the office shall be elected at the second general election following the date any vacancy occurred.
(h) The person elected at the general election following an appointment to fill the vacancy, upon being qualified, holds office for the six (6) year term prescribed by Article 7, Section 7 of the Constitution of the State of Indiana and until a successor is elected and qualified.
(i) A vacancy in the office of judge of a superior or probate court shall be filled by the governor subject to the following:
(1) IC 33-33-2-39.
(2) IC 33-33-2-43.
(3) IC 33-33-45-38.
(4) IC 33-33-71-40.
(5) IC 33-33-49-13.4.
However, the governor may not fill a vacancy that occurs because of the death of a judge until the governor receives notice of the death under IC 5-8-6. The person who is appointed holds office for the remainder of the unexpired term.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 18 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.434; P.L.5-1989, SEC.67; P.L.334-1989(ss), SEC.2; P.L.16-1995, SEC.2; P.L.18-1995, SEC.1; P.L.98-2004, SEC.42; P.L.119-2005, SEC.4; P.L.201-2011, SEC.6; P.L.194-2013, SEC.91; P.L.245-2017, SEC.4; P.L.278-2019, SEC.156.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 6. Vacancies in County Judicial and Circuit Offices › 3-13-6-2. Office of Prosecuting Attorney

Sec. 2. (a) A vacancy that occurs, other than by resignation, in the office of prosecuting attorney shall be certified to the governor by the circuit court clerk of the county in which the prosecuting attorney resided.
(b) A vacancy in the office of prosecuting attorney 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.
(c) A vacancy in the office of prosecuting attorney not covered by subsection (b) shall be filled by the governor.
(d) The person appointed or selected holds office for the remainder of the unexpired term and until a successor is elected and qualified.
(e) If a vacancy in the office of the prosecuting attorney occurs under subsection (b), the chief deputy prosecuting attorney appointed under IC 33-39-6-2 shall be the acting prosecuting attorney until the vacancy is filled by the caucus under IC 3-13-11.
[Pre-1986 Recodification Citation: 3-2-10-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.435; P.L.7-1994, SEC.1; P.L.19-1995, SEC.1; P.L.98-2004, SEC.43.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 6. Vacancies in County Judicial and Circuit Offices › 3-13-6-3. Office of Clerk of Circuit Court

Sec. 3. (a) A vacancy in the office of clerk of the circuit court 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.
(b) A vacancy that occurs in the office of clerk of the circuit court:
(1) other than by resignation; and
(2) that is not covered by subsection (a);
shall be certified to the governor by the judge of the circuit court.
(c) A vacancy in the office of clerk of the circuit court not covered by subsection (a) shall be filled by the governor. The person who is appointed holds office for the remainder of the unexpired term and until a successor is elected and qualified.
[Pre-1986 Recodification Citation: 3-2-10-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.436; P.L.14-1988, SEC.1.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 7. Vacancies in Other County Offices Not Held by a Major Party › 3-13-7-1. Vacancy in Office Last Held by Person Elected or Selected as Candidate of Major Political Party

Sec. 1. A vacancy in a county 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.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.194.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 7. Vacancies in Other County Offices Not Held by a Major Party › 3-13-7-1.5. 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.68.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 7. Vacancies in Other County Offices Not Held by a Major Party › 3-13-7-2. County Elected Office Other Than County Council; Meeting; Notice; Appointments Pro Tempore

Sec. 2. (a) This section applies to a vacancy in a county elected office (other than county council) not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the board of commissioners of the county at a regular or special meeting. The county auditor shall give notice of the meeting. Except as provided in subsection (d), 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 commissioner at least ten (10) days before the meeting.
(c) Selections made under this section (or under IC 3-2-10-3(a) 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.
(d) If a vacancy occurs because of the death of an elected county officer, the board of commissioners shall meet and select an individual to fill the vacancy not later than thirty (30) days after the county auditor 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 auditor 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.15-1987, SEC.1; P.L.3-1987, SEC.437; P.L.3-1990, SEC.12; P.L.119-2005, SEC.5.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 7. Vacancies in Other County Offices Not Held by a Major Party › 3-13-7-2.5. Vacancy in Political Subdivision Nonpartisan Elected Office Other Than School Board

Sec. 2.5. (a) This section does not apply to a school board office.
(b) This section applies to a vacancy in an elected office in a political subdivision:
(1) in which each candidate is required by statute to be placed on the ballot as a nonpartisan candidate for the office; and
(2) for which this article does not otherwise provide a method for filling.
(c) The vacancy shall be filled as follows:
(1) The remaining members of the body shall fill the vacancy by a majority of the votes of the remaining members of the body.
(2) If there are no remaining members of the body, the county executive of the county containing the greatest percentage of the population of the political subdivision shall fill the vacancy in the manner provided by section 2 of this chapter.
As added by P.L.14-2004, SEC.169.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 7. Vacancies in Other County Offices Not Held by a Major Party › 3-13-7-3. County Council

Sec. 3. (a) This section applies to a vacancy in a county council not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining members of the council at a regular or special meeting. The county auditor 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 council member at least ten (10) days before the meeting.
(c) If a vacancy occurs because of the death of a county council member, the county council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the county auditor 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 auditor receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(b).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.438; P.L.119-2005, SEC.6.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 7. Vacancies in Other County Offices Not Held by a Major Party › 3-13-7-4. Vacating of Office by Incumbent Pending Outcome of Election Contest

Sec. 4. 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 7. Vacancies in Other County Offices Not Held by a Major Party › 3-13-7-5. Bond, Oath, Rights, and Duties of Person Filling Vacancy

Sec. 5. 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 7. Vacancies in Other County Offices Not Held by a Major Party › 3-13-7-6. Term of Office

Sec. 6. 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 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-1. Vacancy in Office Last Held by Person Elected or Selected as Candidate of Major Political Party

Sec. 1. A vacancy in a city office (other than judge of a city court) 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.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.195.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-1.5. Meeting Held Before Vacancy Exists; Notice of Meeting

Sec. 1.5. A city clerk or city clerk-treasurer 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.69.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-2. Office of Judge of City Court

Sec. 2. (a) As used in this section, "judge" refers to a judge of a city court.
(b) If a judge wishes to resign from office, the judge must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a judge, shall be certified to the governor by the circuit court clerk of the county in which the judge resided.
(e) A vacancy in the office of judge of a city court shall be filled by the governor. However, the governor may not fill a vacancy that occurs because of the death of a judge until the governor receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-5.5(a).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.439; P.L.119-2005, SEC.7.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-3. Office of Mayor of First Class City

Sec. 3. (a) This section applies to a vacancy in the office of mayor of a first class city not covered by section 1 of this chapter.
(b) The vacancy shall be filled by the city-county council at a regular or special meeting. The city clerk shall give notice of the meeting. Except as provided in subsection (d), 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 council member at least ten (10) days before the meeting.
(c) The city clerk shall preside at the meeting but may not vote unless there is a tie vote among the members of the council. The council must appoint one (1) of its own members to the office. Until the vacancy is filled, the president of the council shall serve as acting mayor.
(d) If a vacancy exists because of the death of the mayor, the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the city clerk receives notice of the death under IC 5-8-6. The city clerk may not give the notice required by subsection (b) until the city clerk receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-4(a) part, (b).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.440; P.L.119-2005, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-4. City-County Council of First Class City

Sec. 4. (a) This section applies to a vacancy in the city-county council of a first class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining members of the council at a regular or special meeting. The city clerk 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 council member at least ten (10) days before the meeting.
(c) If a vacancy exists because of the death of a council member, the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the city clerk receives notice of the death under IC 5-8-6. The city clerk may not give the notice required by subsection (b) until the city clerk receives notice of the death under IC 5-8-6.
(d) The appointed member serves until a successor is elected and qualified at the next municipal or general election, whichever occurs first. The successor serves from noon January 1 following that election to noon January 1 following the next municipal election, as provided in IC 36-3-4-2. The persons appointed and elected must be resident voters in the district where the vacancy occurred, unless the vacancy occurred in an at large seat.
[Pre-1986 Recodification Citation: 3-2-10-4(a) part, (c).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.441; P.L.5-1988, SEC.17; P.L.119-2005, SEC.9.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-5. Office of Mayor of Second Class City

Sec. 5. (a) This section applies to a vacancy in the office of mayor of a second class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled as follows:
(1) If the city has a deputy mayor, the deputy mayor assumes the office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the city controller assumes the office for the remainder of the unexpired term.
(3) If the city does not have a deputy mayor and the office of city controller is vacant, the common council shall fill the vacancy at a regular or special meeting.
(c) The city clerk shall give notice of the meeting required under subsection (b)(3). Except as provided in subsection (d), 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 council member at least ten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the city clerk receives notice of the death under IC 5-8-6. The city clerk may not give the notice required by subsection (c) until the city clerk receives notice of the death under IC 5-8-6.
(e) Until the vacancy is filled, the council shall designate one (1) of its members to serve as acting mayor.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (c), (d) part, (e).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.442; P.L.119-2005, SEC.10.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-6. Office of City Clerk of Second Class City

Sec. 6. (a) This section applies to a vacancy in the office of city clerk of a second class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the mayor or acting mayor, subject to the approval of the common council. However, if a vacancy exists because of the death of the city clerk, the mayor or acting mayor may not fill the vacancy until the mayor or acting mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving the mayor or acting mayor's appointment at a regular or special meeting. The president of the common council shall give notice of the meeting, which shall be held not later than thirty (30) days after the appointment is made. 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.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (b) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.443; P.L.119-2005, SEC.11.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-7. Common Council of Second Class City

Sec. 7. (a) This section applies to a vacancy in the common council of a second class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the remaining members of the council at a regular or special meeting. The city clerk 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 council member at least ten (10) days before the meeting.
(c) If a vacancy exists because of the death of a council member, the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the city clerk receives notice of the death under IC 5-8-6. The city clerk may not give the notice required by subsection (b) until the city clerk receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (f) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.444; P.L.119-2005, SEC.12.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-8. Office of Mayor of Third Class City

Sec. 8. (a) This section applies to a vacancy in the office of mayor of a third class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled as follows:
(1) If the city has a deputy mayor, the deputy mayor assumes the office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the common council shall fill the vacancy at a regular or special meeting.
(c) The city clerk-treasurer shall give notice of the meeting required under subsection (b)(2). Except as provided in subsection (d), 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 council member at least ten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the city clerk-treasurer receives notice of the death by IC 5-8-6. The city clerk-treasurer may not give the notice required by subsection (c) until the city clerk-treasurer receives notice of the death under IC 5-8-6.
(e) Until the vacancy is filled, the council shall designate one (1) of its members to serve as acting mayor.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (d) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.445; P.L.119-2005, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-9. Office of City Clerk-Treasurer of Third Class City

Sec. 9. (a) This section applies to a vacancy in the office of city clerk-treasurer of a third class city not covered by section 1 of this chapter.
(b) The vacancy shall be filled by the mayor or acting mayor, subject to the approval of the common council. However, if a vacancy exists because of the death of the city clerk-treasurer, the mayor or acting mayor may not fill the vacancy until the mayor or acting mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving the mayor or acting mayor's appointment at a regular or special meeting. The mayor shall give notice of the meeting, which shall be held not later than thirty (30) days after the appointment is made. 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.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (b) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.446; P.L.119-2005, SEC.14.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-10. Common Council of Third Class City

Sec. 10. (a) This section applies to a vacancy in the common council of a third class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the remaining members of the council at a regular or special meeting. The city executive may break any tie vote.
(c) The city clerk-treasurer shall give notice of the meeting. Except as provided in subsection (d), 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 council member at least ten (10) days before the meeting.
(d) If a vacancy exists because of the death of a council member, the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the city clerk-treasurer receives notice of the death under IC 5-8-6. The city clerk-treasurer may not give the notice required by subsection (c) until the city clerk-treasurer receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (f) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.447; P.L.10-1988, SEC.196; P.L.119-2005, SEC.15.
2023 Indiana Code › Title 3. Elections › Article 13. Vacancies › Chapter 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-11. Vacating Office by Incumbent Pending Outcome of Election Contest

Sec. 11. 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 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-12. Bond, Oath, Rights, and Duties of Person Filling Vacancy

Sec. 12. 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 8. Vacancies in City Offices Not Held by a Major Party › 3-13-8-13. Term of Office

Sec. 13. A person selected to fill a vacant office under this chapter holds the office for the remainder of the term, except as provided in section 4 of this chapter.
[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 9. Vacancies in Town Offices Not Held or Filled by a Major Party › 3-13-9-1. Vacancy of Office Held by Candidate of Major Political Party; Filling by Caucus

Sec. 1. A vacancy in a town 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.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.448; P.L.10-1988, SEC.197.