§ 3-13-5-1 — Caucus selection of successor

(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.]

Legislative History

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.