2016 Indiana Code
TITLE 3. ELECTIONS
ARTICLE 13. VACANCIES
CHAPTER 2. LATE CANDIDATE VACANCIES
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IC 3-13-2
Chapter 2. Late Candidate Vacancies
IC 3-13-2-1
Application of chapter
Sec. 1. This chapter applies to the filling of a candidate vacancy
that exists due to the:
(1) death of a political party's candidate;
(2) withdrawal of a candidate who has moved from the election
district;
(3) disqualification of a candidate under IC 3-8-1-5; or
(4) issuance of a court order under IC 3-8-7-29(d);
for nomination or election to an office at a general, municipal, or
special election after the thirty-first day before a general, municipal,
or special election.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.187;
P.L.4-1991, SEC.126.
IC 3-13-2-1.5
Individual filling candidate vacancy must meet qualifications for
office
Sec. 1.5. A candidate seeking to fill a candidate vacancy under
this chapter must comply with the requirements imposed under
IC 3-8-1 for the office.
As added by P.L.230-2005, SEC.65.
IC 3-13-2-2
United States Senator or state office
Sec. 2. A candidate vacancy for United States Senator or a state
office shall be filled by appointment by the state chairman of the
political party.
As added by P.L.5-1986, SEC.9.
IC 3-13-2-3
United States Representative
Sec. 3. A candidate vacancy for United States Representative shall
be filled by appointment by the district chairman of the political
party.
As added by P.L.5-1986, SEC.9.
IC 3-13-2-4
Legislative office
Sec. 4. A candidate vacancy for a legislative office shall be filled
by a majority vote of the county chairmen of the political party for
all of the counties that have territory in the senate or house district.
As added by P.L.5-1986, SEC.9.
IC 3-13-2-5
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Local office; office of circuit court judge or prosecuting attorney
Sec. 5. (a) Except as provided in subsection (b), a candidate
vacancy for a local office shall be filled by appointment by the
county chairman of the political party of the county in which the
greatest percentage of the population of the election district is
located.
(b) A candidate vacancy for the office of circuit court judge or
prosecuting attorney in a circuit having more than one (1) county
shall be filled by a majority vote of the county chairmen of the
political party for all of the counties in the circuit.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.188.
IC 3-13-2-6
Tiebreaking vote; effect of lack of quorum
Sec. 6. (a) If a tie vote occurs among a group of chairmen acting
under section 4 or 5(b) of this chapter, the state chairman may cast
the tiebreaking vote.
(b) If a quorum required under the rules of a meeting held under
this chapter is not present, the state chairman shall fill the candidate
vacancy.
As added by P.L.5-1986, SEC.9. Amended by P.L.96-2012, SEC.5.
IC 3-13-2-7
Candidate written consent; required statements; time for filing
Sec. 7. (a) The selection of a person as a candidate under this
chapter is not effective unless:
(1) the person's written consent is obtained and filed:
(A) in the office in which certificates and petitions of
nomination must be filed; and
(B) when the certificate is filed; and
(2) the candidate has complied with any requirement under
IC 3-8-1-33 to file a statement of economic interests.
(b) A candidate's consent must include a statement that the
candidate requests the name on the candidate's voter registration
record be the same as the name the candidate uses on the consent. If
there is a difference between the name on the candidate's consent and
the name on the candidate's voter registration record, the officer with
whom the consent is filed shall forward the information to the voter
registration officer of the appropriate county as required by
IC 3-5-7-6(e). The voter registration officer of the appropriate county
shall change the name on the candidate's voter registration record to
be the same as the name on the candidate's consent.
(c) A candidate's consent must contain the following statements:
(1) A statement that the candidate has attached either of the
following to the consent:
(A) A copy of a statement of economic interests, file
stamped by the office required to receive the statement of
economic interests.
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(B) A receipt or photocopy of a receipt showing that a
statement of economic interests has been filed.
This requirement does not apply to a candidate for a federal
office.
(2) A statement that the candidate understands that if the
candidate is elected to the office, the candidate may be required
to obtain and file an individual surety bond before serving in the
office. This requirement does not apply to a candidate for a
federal office or legislative office.
(3) A statement that the candidate understands that if the
candidate is elected to the office, the candidate may be required
to successfully complete training or have attained certification
related to service in an elected office. This requirement does not
apply to a candidate for a federal office, state office, or
legislative office.
(4) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal
office.
The candidate must separately initial each of the statements required
by this subsection.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.424;
P.L.202-1999, SEC.23; P.L.76-2014, SEC.63.
IC 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
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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.
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.
IC 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.
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.
IC 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.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.427.
IC 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(c) not later than noon fourteen (14) days
before general election day.
(b) All questions concerning the validity of a certificate of
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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(c) 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.
IC 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.
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