2016 Indiana Code
TITLE 4. STATE OFFICES AND ADMINISTRATION
ARTICLE 4. LIEUTENANT GOVERNOR
CHAPTER 2. INABILITY OF LIEUTENANT GOVERNOR TO DISCHARGE OFFICIAL DUTIES
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IC 4-4-2
Chapter 2. Inability of Lieutenant Governor to Discharge
Official Duties
IC 4-4-2-1
Repealed
(Repealed by Acts 1979, P.L.19, SEC.4.)
IC 4-4-2-1.1
Self-declaration of inability to discharge office; appointment of
acting lieutenant governor; resumption of office
Sec. 1.1. Whenever the lieutenant governor transmits to the
governor the lieutenant governor's written declaration that the
lieutenant governor is unable to discharge the powers and duties of
the lieutenant governor's office, and until the lieutenant governor
transmits to the governor a written declaration to the contrary, the
powers and duties shall be discharged by a person appointed by the
governor as acting lieutenant governor. Thereafter, when the
lieutenant governor transmits to the governor the lieutenant
governor's written declaration that no inability exists, the lieutenant
governor shall resume the powers and duties of the lieutenant
governor's office.
As added by Acts 1979, P.L.19, SEC.1. Amended by P.L.215-2016,
SEC.21.
IC 4-4-2-2
Supreme court decision of inability to discharge office; resumption
of office; procedures
Sec. 2. Whenever the governor, the president pro tempore of the
senate, and the speaker of the house of representatives file with the
supreme court a written statement suggesting that the lieutenant
governor is unable to discharge the powers and duties of the
lieutenant governor's office, the supreme court shall, after giving
notice to the lieutenant governor of the date, time, and place of their
meeting, meet within forty-eight (48) hours to decide the question
and the decision shall be final. Whenever the lieutenant governor
files with the supreme court the lieutenant governor's written
declaration that no inability exists, the supreme court shall meet
within forty-eight (48) hours to decide whether no inability exists,
and the decision shall be final. Upon a decision that no inability
exists, the lieutenant governor shall resume the powers and duties of
the lieutenant governor's office.
As added by Acts 1979, P.L.19, SEC.2. Amended by P.L.215-2016,
SEC.22.
IC 4-4-2-3
Supreme court decision of inability to discharge office;
appointment of acting lieutenant governor
Indiana Code 2016
Sec. 3. Whenever the supreme court decides that the lieutenant
governor is unable to discharge the powers and duties of the
lieutenant governor's office, the governor shall appoint a person as
acting lieutenant governor to discharge the powers and duties of the
office of lieutenant governor until the supreme court decides that no
inability exists.
As added by Acts 1979, P.L.19, SEC.3. Amended by P.L.215-2016,
SEC.23.
Indiana Code 2016
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