SENATE BILL No. 108
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-10-4-9.
Synopsis: Presidential electors. Requires an elector for President and
Vice President of the United States to vote for the candidates of the
political party, group of petitioners, or write-in candidate that
nominated the elector. Provides that an elector's failure or refusal to
vote for such a candidate constitutes the elector's resignation, and the
elector's vote may not be counted. Requires the remaining electors to
fill the resulting vacancy. Requires the electors to proceed with the
voting when a full slate of electors is again assembled.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Elections.
Second Regular Session 117th General Assembly (2012)
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between statutes enacted by the 2011 Regular Session of the General Assembly.
SENATE BILL No. 108
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-10-4-9; (12)IN0108.1.1. -->
SECTION 1. IC 3-10-4-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 9. (a)
The presidential electors,
when assembled and after vacancies are filled under this section and
section 8 of this chapter,
shall then vote by paper ballot for President
and Vice President of the United States and perform the duties imposed
upon them by the Constitution and statutes of the United States and of
(b) Each elector shall vote for the candidates for President and
Vice President of the United States of the:
(1) political party;
(2) group of petitioners; or
(3) write-in candidate;
that nominated the elector.
(c) An elector's failure or refusal to vote as required under
subsection (b) constitutes the elector's resignation from the office
of elector, and the elector's vote may not be recorded. The
remaining electors shall, by paper ballot and a majority vote of all
those present, immediately fill the resulting vacancy.
(d) The election of a new elector under subsection (c) shall
immediately be certified by a majority of the electors to the
governor, who shall immediately notify the person of the person's
election by presenting the person with a commission issued under
IC 4-3-1-5. When a full slate of electors is again assembled, the
electors shall proceed to vote as required under subsection (a).