§ 3-13-11-3 — Calling of caucus; withdrawal of resignation; when caucus to be held

(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).]

Legislative History

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.