§ 3-10-4-8 — Filling of vacancy

Indiana § 3-10-4-8

• Jurisdiction: Indiana
• Art. 10: PROVISIONS GOVERNING CERTAIN TYPES OF
• Ch. 4: Presidential Elections

Text

(a) This section applies if a presidential elector:
(1) files the presidential elector's resignation with the governor
under IC 5-8-3.5;
(2) dies or is otherwise disqualified from holding office, and the
presidential elector's death or disqualification is certified to the
governor by the state chairman of the political party of the
presidential elector;
(3) fails to appear before 11 a.m. on the day prescribed by section
7 of this chapter; or
(4) vacates the presidential elector's office as described in section
9(d) of this chapter.
(b) If the presidential elector's alternate presidential elector is
present to vote, the alternate presidential elector shall fill the vacancy.
If the alternate presidential elector is not present, the presidential
electors present shall, by paper ballot and a majority vote of all those
present, immediately fill the vacancy upon proof of the resignation or
certification being provided to the presidential electors, or at 11 a.m.,
whichever occurs first. The presidential electors must fill the vacancy
as follows:
(1) If the alternate presidential elector for the vacant office is not
present to vote, by choosing a presidential elector from among the
alternate presidential electors present.
(2) If the number of alternate presidential electors present is
insufficient to fill any vacant position under subdivision (1), by
electing any immediately available individual who is qualified to
serve as a presidential elector.
(c) To qualify as an alternate presidential elector under subsection
(b), an individual who has not executed the pledge required under
section 1.7 of this chapter must execute the following pledge: "I agree
to serve and to mark my ballots for President and Vice President
consistent with the pledge of the individual to whose presidential
elector position I have succeeded.".
(d) The election shall immediately be certified by a majority of the
presidential electors to the governor, who shall immediately notify the
individual of the individual's election by presenting the individual with
a commission issued under IC 4-3-1-5.
[Pre-1986 Recodification Citation: 3-1-12-6 part.]

Legislative History

As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.176; P.L.3-1993, SEC.98; P.L.3-1997, SEC.225; P.L.201-2017, SEC.20.