§ 34-17-3-2 — Judgments in favor of relator; proceedings; filling public office vacancy under IC 5-8-6

(a) If judgment is rendered in favor of a person
who claims to be the person entitled to hold the office:
(1) that person shall proceed to exercise the functions of the office
after the person has been qualified, as required by law; and
(2) the court shall order the defendant to deliver all the funds and
records in the custody or within the power of the defendant,
belonging to the office from which the defendant has been
removed:
(A) to the person entitled to hold the office; or
(B) if a vacancy results, to the court to hold until a person is
selected under subsection (b) to fill the vacancy.
(b) This subsection applies whenever:
(1) the court renders a judgment under subsection (a) that an
individual holding a public office (as that term is used in IC 34-17-1-1) is not entitled to hold that office; and
(2) a vacancy occurs in that office as the result of the court's
judgment.
The court must file a certified copy of the judgment with the person
who is entitled under IC 5-8-6 to receive notice of the death of an
individual holding the public office. The person receiving the copy of
the judgment must give notice of the judgment in the same manner as
if the person had received a notice of the death of the officeholder
under IC 5-8-6. The person required or permitted to fill the vacancy
that results from a removal under this section must comply with IC 3-13 or IC 20, whichever applies, to fill the vacancy.
[Pre-1998 Recodification Citation: 34-1-59-7.]

Legislative History

As added by P.L.1-1998, SEC.12. Amended by P.L.119-2005, SEC.34.