AN ACT to amend the Indiana Code concerning elections.
SECTION 1. IC 3-13-4-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3. (a) This section applies to a
vacancy that occurs other than by resignation, in a state office other
than governor, lieutenant governor, or a judicial office.
(b) If a state officer wants to resign from office, the state officer
must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs in a state office because of the death
of the state officer may be certified to the governor under IC 5-8-6.
(d) A vacancy that occurs in a state office other than by
resignation or death shall be certified to the governor by the circuit
court clerk of the county in which the officer resided.
(b) (e) The governor shall fill a vacancy in a state office other than
governor, lieutenant governor, or a judicial office shall be filled by
appointment. by The governor may not fill a vacancy as provided by
law until the governor receives notice of the death under IC 5-8-6.
(f) The person who is appointed by the governor holds office for
the remainder of the unexpired term and until a successor is elected and
qualified.
SECTION 2. IC 3-13-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. (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 subsection (c)), 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; or
(2) been elected to another office.
(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.
(d) (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.
(e) (f) The person selected must reside in the district where the
vacancy occurred.
SECTION 3. IC 3-13-5-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 2. (a) The state chairman of the
political party that elected or selected the person who held the vacated
seat shall set the place, date, and time of a caucus meeting. The
chairman shall send a notice, by first class mail, of the purpose, place,
date, and time of the meeting to all precinct committeemen in the
caucus at least ten (10) days before the meeting.
(b) If a vacancy in a legislative office exists because of the death
of the legislator, the state chairman may not send the notice
required by subsection (a) until the state chairman receives notice
of the death from the secretary of state under IC 5-8-6.
SECTION 4. IC 3-13-6-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. (a) As used in this section,
"judge" refers to a judge of a circuit, superior, probate, or county
court.
(b) If a judge wants to resign from office, the judge must resign
as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may
be certified to the governor under IC 5-8-6.
(a) (d) A vacancy that occurs, other than by resignation in the office
or death of a judge, of a circuit, superior, probate, or county court shall
be certified to the governor by the circuit court clerk of the county in
which the judge resided.
(b) (e) A vacancy in the office of judge of a circuit court shall be
filled by the governor as provided by Article 5, Section 18 of the
Constitution of the State of Indiana. However, the governor may not
fill a vacancy that occurs because of the death of a judge until the
governor receives notice of the death under IC 5-8-6. The person
who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election and
qualified;
whichever occurs first. The person elected at the general election
following an appointment to fill the vacancy, upon being qualified,
holds office for the six (6) year term prescribed by Article 7, Section 7
of the Constitution of the State of Indiana and until a successor is
elected and qualified.
(c) (f) A vacancy in the office of judge of a superior, probate, or
county court shall be filled by the governor subject to the following:
(1) IC 33-33-2-39.
(2) IC 33-33-2-43.
(3) IC 33-33-45-38.
(4) IC 33-33-71-40.
However, the governor may not fill a vacancy that occurs because
of the death of a judge until the governor receives notice of the
death under IC 5-8-6. The person who is appointed holds office for
the remainder of the unexpired term.
SECTION 5. IC 3-13-7-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 2. (a) This section applies to a
vacancy in a county elected office (other than county council) not
covered by section 1 of this chapter.
(b) A vacancy shall be filled by the board of commissioners of the
county at a regular or special meeting. The county auditor shall give
notice of the meeting. which Except as provided in subsection (d),
the meeting shall be held within not later than thirty (30) days after
the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
resided.
(b) (e) A vacancy in the office of judge of a city court shall be filled
by the governor. However, the governor may not fill a vacancy that
occurs because of the death of a judge until the governor receives
notice of the death under IC 5-8-6.
SECTION 8. IC 3-13-8-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3. (a) This section applies to a
vacancy in the office of mayor of a first class city not covered by
section 1 of this chapter.
(b) The vacancy shall be filled by the city-county council at a
regular or special meeting. The city clerk shall give notice of the
meeting. which Except as provided in subsection (d), the meeting
shall be held within not later than thirty (30) days after the vacancy
occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten
(10) days before the meeting.
(b) (c) The city clerk shall preside at the meeting but may not vote
unless there is a tie vote among the members of the council. The
council must appoint one (1) of its own members to the office. Until the
vacancy is filled, the president of the council shall serve as acting
mayor.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice
required by subsection (b) until the city clerk receives notice of the
death under IC 5-8-6.
SECTION 9. IC 3-13-8-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 4. (a) This section applies to a
vacancy in the city-county council of a first class city not covered by
section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining
members of the council at a regular or special meeting. The city clerk
shall give notice of the meeting. which Except as provided in
subsection (c), the meeting shall be held within not later than thirty
(30) days after the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) This section
applies to a vacancy in the office of mayor of a third class city not
covered by section 1 of this chapter.
(b) A vacancy shall be filled as follows:
(1) If the city has a deputy mayor, the deputy mayor assumes the
office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the common council
shall fill the vacancy at a regular or special meeting.
(b) (c) The city clerk-treasurer shall give notice of the meeting
required under subsection (a)(2), which (b)(2). Except as provided in
subsection (d), the meeting shall be held within not later than thirty
(30) days after the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten
(10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk-treasurer receives
notice of the death by IC 5-8-6. The city clerk-treasurer may not
give the notice required by subsection (c) until the city
clerk-treasurer receives notice of the death under IC 5-8-6.
(c) (e) Until the vacancy is filled, the council shall designate one (1)
of its members to serve as acting mayor.
SECTION 14. IC 3-13-8-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. (a) This section
applies to a vacancy in the office of city clerk-treasurer of a third class
city not covered by section 1 of this chapter.
(b) The vacancy shall be filled by the mayor or acting mayor,
subject to the approval of the common council. However, if a vacancy
exists because of the death of the city clerk-treasurer, the mayor or
acting mayor may not fill the vacancy until the mayor or acting
mayor receives notice of the death under IC 5-8-6.
(b) (c) The common council shall vote on the question of approving
the mayor or acting mayor's appointment at a regular or special
meeting. The mayor shall give notice of the meeting, which shall be
held within not later than thirty (30) days after the appointment is
made. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
if the vacancy is covered by section 1 of this chapter and exists
for more than thirty (30) days.
(c) (d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten
(10) days before the meeting.
(e) If a vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of a judge;
the council shall meet and select an individual to fill the vacancy
not later than thirty (30) days after the town clerk-treasurer
receives notice of the death under IC 5-8-6. The town
clerk-treasurer may not give the notice required by subsection (c)
until the town clerk-treasurer receives notice of the death under
IC 5-8-6.
(f) If a vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of a judge; and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy
not later than sixty (60) days after the town clerk-treasurer
receives notice of the death under IC 5-8-6. The town
clerk-treasurer may not give the notice required by subsection (c)
until the town clerk-treasurer receives notice of the death under
IC 5-8-6.
SECTION 17. IC 3-13-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) This section
applies to a vacancy in the office of town clerk-treasurer:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but existing after the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the president of the town council receives the notice
required under IC 5-8-6.
(b) A vacancy shall be filled by the town council at a regular or
special meeting.
(b) (c) The president of the town council shall give notice of the
meeting. which Except as provided in subsections (e) and (f), the
meeting shall be held:
(1) within not later than thirty (30) days after the vacancy occurs
if the vacancy is not covered by section 1 of this chapter; or
(2) within not later than sixty (60) days after the vacancy occurs
if the vacancy is covered by section 1 of this chapter and exists
for more than thirty (30) days.
(c) (d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten
(10) days before the meeting.
(e) If a vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of the town clerk-treasurer;
the council shall meet and select an individual to fill the vacancy
not later than thirty (30) days after the president of the town
council receives notice of the death under IC 5-8-6. The president
of the town council may not give the notice required by subsection
(c) until the president of the town council receives notice of the
death under IC 5-8-6.
(f) If a vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of the town clerk-treasurer;
and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy
not later than sixty (60) days after the president of the town council
receives notice of the death under IC 5-8-6. The president of the
town council may not give the notice required by subsection (c)
until the president of the town council receives notice of the death
under IC 5-8-6.
SECTION 18. IC 3-13-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) This section
applies to a vacancy in the town council:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but existing after the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the town clerk-treasurer receives the notice required
under IC 5-8-6.
(b) The vacancy shall be filled by the remaining members of the
council at a regular or special meeting.
(b) (c) The town clerk-treasurer shall give notice of the meeting.
Except as provided in subsection (d) or subsections (e), (f), (g), and
(h), the meeting shall be held:
(1) within not later than thirty (30) days after the vacancy occurs
if the vacancy is not covered by section 1 of this chapter; or
(2) within not later than sixty (60) days after the vacancy occurs
if the vacancy is covered by section 1 of this chapter and exists for
more than thirty (30) days.
(c) (d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten
(10) days before the meeting.
(d) Notwithstanding subsection (b), (e) If a vacancy:
(1) is not covered by subsection (f) or section 1 of this chapter;
and
(2) exists because a circumstance has occurred under
IC 36-5-2-6.5(2) through IC 36-5-2-6.5(3);
the town council shall meet and select an individual to fill the vacancy
not later than thirty (30) days after the town council determines that a
circumstance has occurred under IC 36-5-2-6.5(2) through
IC 36-5-2-6.5(3).
(f) If a vacancy:
(1) is not covered by subsection (e) or section 1 of this chapter;
and
(2) exists because a circumstance has occurred under
IC 36-5-2-6.5(2);
the town council shall meet and select an individual to fill the
vacancy not later than thirty (30) days after the town
clerk-treasurer receives notice of the death under IC 5-8-6. The
town clerk-treasurer may not give the notice required by
subsection (c) until the town clerk-treasurer receives notice of the
death under IC 5-8-6.
(e) Notwithstanding subsection (b), (g) If a vacancy:
(1) is covered by section 1 of this chapter and not covered by
subsection (h);
(2) exists because a circumstance has occurred under
IC 36-5-2-6.5(2) through IC 36-5-2-6.5(3); and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not
later than sixty (60) days after the town council determines that a
circumstance has occurred under IC 36-5-2-6.5(2) through
IC 36-5-2-6.5(3).
(h) If a vacancy:
(1) is covered by section 1 of this chapter and not covered by
subsection (g);
(2) exists because a circumstance has occurred under
IC 36-5-2-6.5(2); and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy
not later than sixty (60) days after the town clerk-treasurer
receives notice of the death under IC 5-8-6. The town
clerk-treasurer may not give the notice required by subsection (c)
until the town clerk-treasurer receives notice of the death under
IC 5-8-6.
SECTION 19. IC 3-13-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A vacancy in the
office of township trustee:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but that exists after the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the county auditor receives the notice required under
IC 5-8-6;
shall be filled by the board of commissioners of the county at a regular
or special meeting.
(b) The county auditor shall give notice of the meeting. which
(c) Except as provided in subsections (e) and (f), the meeting
shall be held within not later than:
(1) thirty (30) days after the vacancy occurs, if the vacancy is not
covered by section 1 of this chapter; or
(2) not later than sixty (60) days after the vacancy occurs, if
the vacancy is covered by section 1 of this chapter and exists
for more than thirty (30) days.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each commissioner at least ten
(10) days before the meeting.
(e) If the vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of the township trustee;
the meeting required by subsection (c) shall be held not later than
thirty (30) days after the county auditor receives notice of the
death under IC 5-8-6. The county auditor may not give the notice
required by subsection (b) until the county auditor receives notice
of the death under IC 5-8-6.
(f) If the vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of the township trustee; and
(3) exists for more than thirty (30) days;
the meeting required under subsection (c) shall be held not later
than sixty (60) days after the county auditor receives notice of the
death under IC 5-8-6. The county auditor may not give the notice
required by subsection (b) until the county auditor receives notice
of the death under IC 5-8-6.
SECTION 20. IC 3-13-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) This section
applies to a vacancy in the office of township assessor not covered by
section 1 of this chapter.
(b) A vacancy shall be filled by the county assessor, subject to the
approval of the department of local government finance. Except as
provided in subsection (c), the county assessor shall make the
appointment within not later than thirty (30) days after the vacancy
occurs. If the vacancy occurred because the elected township assessor
failed to qualify or was removed, the person who is appointed must be
of the same political party as the elected township assessor.
(c) If a vacancy exists because of the death of the township
assessor, the county assessor shall make the appointment required
by subsection (b) not later than thirty (30) days after the county
assessor receives notice of the death under IC 5-8-6. The county
assessor may not fill the vacancy as required by subsection (b) until
the county assessor receives notice of the death under IC 5-8-6.
SECTION 21. IC 3-13-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) A vacancy on the
township board of a township:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but that exists after the
thirtieth day after:
(A) the vacancy occurs, if IC 5-8-6 does not apply; or
(B) the county auditor receives the notice required under
IC 5-8-6;
shall be filled by the board of commissioners of the county at a regular
or special meeting.
(b) The county auditor shall give notice of the meeting. which
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.5. (a) If a vacancy
exists on a town council because a circumstance has occurred under
IC 36-5-2-6.5(2) through IC 36-5-2-6.5(3), the caucus shall meet and
select an individual to fill the vacancy not later than thirty (30) days
after the county chairman receives a notice of the vacancy under
IC 5-8-5. If the vacancy is due to the death of a town council member
and the county chairman is aware of the member's death before
receiving a notice of the death, the caucus may meet before the county
chairman receives the notice of the death.
(b) The county chairman shall:
(1) give notice of the caucus meeting to caucus members under
section 4 of this chapter; and
(2) keep the notice of the vacancy with the records of the caucus.
SECTION 25. IC 5-8-1-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 37. (a) As used in this
section:
(1) "Felony" means any crime punishable by imprisonment for more
than one (1) year in any correctional facility.
(2) "Public officer" means any person, elected or appointed, who
holds any state, county, township, city, or town office.
(b) Any public officer convicted of a felony during his the officer's
term of office shall:
(1) be removed from office by operation of law when he the
officer is sentenced for the felony; and
(2) not receive any salary or remuneration from the time he the
officer is sentenced for the felony.
(c) If the conviction is reversed, vacated, or set aside, and the
officer's term has not expired, the officer shall:
(1) be reinstated in office; and
(2) receive any salary or other remuneration which he the officer
would have received had he the officer not been removed from
office.
(d) If the conviction is reversed, vacated, or set aside, and the
officer's term has expired, he the officer shall receive any salary or
other remuneration which he the officer would have received had he
not been removed from office.
(e) Every vacancy in a public office caused by the removal of a
public officer under this section shall be filled as provided by law. If a
convicted public officer is reinstated, the person filling the office
during the appeal shall cease to hold the office.
(f) This subsection applies whenever:
(1) the court imposes on a public officer a sentence for a
felony, as referred to in subsection (b); and
(2) a vacancy occurs in a state, county, township, city, or town
office as the result of the court's sentence.
The court must file a certified copy of the sentencing order with the
person who is entitled under IC 5-8-6 to receive notice of the death
of an individual holding the office. The person receiving a copy of
the sentencing order must give notice of the vacancy in the same
manner as if the person had received a notice under IC 5-8-6. The
person who is required or permitted to fill the vacancy must
comply with IC 3-13.
(g) This subsection applies if a public officer is reinstated in
office under subsection (c). The court must file a certified copy of
the order reversing, vacating, or setting aside the conviction with
the person who is entitled under IC 5-8-6 to receive notice of the
death of an individual holding the office. The person receiving a
copy of the order must give notice of the reinstatement in the same
manner as notice of a vacancy would be given under IC 5-8-6. In
addition, the person receiving a copy of the order must also give
notice to the person who was selected to fill the vacancy before the
reinstatement occurred.
SECTION 26. IC 5-8-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. This chapter applies when a
vacancy must be filled under:
(1) IC 3-13-9; or
(2) IC 3-13-11;
due to a reason set forth in IC 36-5-2-6.5(2) through IC 36-5-2-6.5(3).
SECTION 27. IC 5-8-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The town council may hold
a public meeting to determine whether a circumstance has occurred
under IC 36-5-2-6.5(2) through IC 36-5-2-6.5(3) that results in a
vacancy on the town council. The town council may set a meeting for
making the determination on its own motion, or a person may petition
the town council to set a meeting to make the determination. The town
council may grant or deny a petition for a meeting.
(b) If a person files a petition with the council, the petition must
state the basis for the person's claim that a circumstance has occurred
under IC 36-5-2-6.5(2) through IC 36-5-2-6.5(3).
SECTION 28. IC 5-8-5-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 4. (a) If the town council is
reasonably satisfied that any circumstance has occurred under
IC 36-5-2-6.5(2) through IC 36-5-2-6.5(3), the council may, by an
affirmative vote of a majority of the members appointed to the body,
vote to declare a vacancy in the town council membership. The
member who is alleged to have vacated the member's seat may
participate in the meeting as a member, but may not vote on the issue.
(b) If the member who is the subject of the petition or motion does
not attend the meeting at which the town council makes the
determination that a vacancy exists, the town council shall mail notice
of its determination to the member.
(c) If the town council determines that a vacancy exists, the town
clerk-treasurer shall give the circuit court clerk notice of the
determination not later than five (5) days after the date of the town
council's determination. The circuit court clerk shall give notice to the
county chairman if a caucus is required under IC 3-13-11 to fill the
vacancy.
SECTION 29. IC 5-8-6 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]:
Chapter 6. Notice of Death of an Officeholder
Sec. 1. This chapter applies when a vacancy must be filled
under:
(1) IC 3-13-4;
(2) IC 3-13-5;
(3) IC 3-13-6;
(4) IC 3-13-7;
(5) IC 3-13-8;
(6) IC 3-13-9;
(7) IC 3-13-10;
(8) IC 3-13-11; or
(9) IC 20;
due to the death of an officeholder.
Sec. 2. As used in this chapter, "officeholder" refers to a person
who holds a state office, legislative office, local office, or school
board office (as those terms are defined in IC 3-5-2).
Sec. 3. (a) A person who knows of the death of an officeholder
may certify the death to the following:
(1) The governor, in the case of the death of any of the
following:
(A) An individual who holds a state office (as defined in
IC 3-5-2-48).
(B) An individual who is a judge of a circuit, superior,
probate, county, or city court.
(2) The secretary of state, in the case of the death of an
individual who holds a legislative office (as defined in
IC-3-5-2-28).
(3) The circuit court clerk of the county in which the
officeholder resided, in the case of the death of an officeholder
of a county, city, town, township, or school corporation not
covered under subdivision (1).
(b) A person who certifies the death of an officeholder shall:
(1) state the information that causes the person to believe the
officeholder has died; and
(2) certify, under the penalties for perjury, that to the best of
the person's knowledge and belief, the information stated is
true.
Sec. 4. When the governor:
(1) obtains information concerning the death of an individual
who:
(A) holds a state office (as defined in IC 3-5-2-48); or
(B) is a judge of a circuit, superior, probate, county, or city
court; and
(2) is reasonably satisfied that the information described in
subdivision (1) is true;
the governor shall fill the vacancy as provided by law.
Sec. 5. (a) When the secretary of state:
(1) obtains information concerning the death of an individual
who holds a legislative office (as defined in IC 3-5-2-28); and
(2) is reasonably satisfied that the information described in
subdivision (1) is true;
the secretary of state shall give notice of the death to the state
chairman of the political party that elected or selected the deceased
individual.
(b) The secretary of state shall give the notice required by
subsection (a) not later than seventy-two (72) hours after the
requirements of subsection (a)(1) and (a)(2) are satisfied.
Sec. 6. (a) When a circuit court clerk:
(1) obtains information concerning the death of an
officeholder of a county, city, town, township, or school
corporation not subject to section 4 of this chapter; and
(2) is reasonably satisfied that the information described in
subdivision (1) is true;
the circuit court clerk shall give notice of the death to the person
described in subsection (b).
(b) The circuit court clerk shall give the notice required by
subsection (a) to:
(1) the person who must give notice of any meeting or caucus
required to fill the vacancy caused by the death; or
(2) if a meeting or caucus is not required to fill the vacancy,
the person who has the power to fill the vacancy.
(c) The circuit court clerk shall give the notice required by
subsection (a) not later than seventy-two (72) hours after the
requirements of subsection (a)(1) and (a)(2) are satisfied.
SECTION 30. IC 20-3-11-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.1. (a) The board of
school commissioners consists of seven (7) members. Each member
shall be elected on a nonpartisan basis in primary elections held in the
county as specified in this section. Five (5) of the members shall be
elected from the school board districts in which they reside and two (2)
members shall be elected at large. Not more than two (2) of the
members who serve on the board may reside in the same school board
district. When a candidate runs for one (1) of the district positions on
the board, only eligible voters residing in the candidate's district may
vote for that candidate. When a person is a candidate for one (1) of the
at-large positions, eligible voters from all the districts may vote for that
candidate. When a candidate files to run for a position on the board, the
candidate must specify whether the candidate is running for a district
or an at-large position. All members elected to the board serve four (4)
year terms. A candidate who runs for a district or an at-large position
wins if the candidate receives the greatest number of votes of all the
candidates against whom the candidate runs. Districts shall be
established within the school corporation by the state board of
education. The districts shall be drawn on the basis of precinct lines
and as nearly as practicable, of equal population with the population of
the largest not to exceed the population of the smallest by more than
five percent (5%). District lines must not cross precinct lines. The state
board of education shall establish balloting procedures for the election
under IC 3 and other procedures required to implement this section.
(b) Each member of the board of school commissioners serves under
section 2 of this chapter. In accordance with subsection (e), the
vacancies in the board of school commissioners shall be filled
temporarily by the school board as soon as practicable after the
vacancy occurs. The member chosen by the board to fill a vacancy
holds office until the member's successor is elected and qualified. The
successor shall be elected at the next regular school board election
occurring after the date on which the vacancy occurs, at which time the
vacancy shall be filled for the remainder of the term.
(c) Persons elected to serve on the board begin their terms on July
1 of the year of their election.
candidates against whom the candidate runs.
(f) Districts shall be established within the school city by the state
board. The districts must be drawn on the basis of precinct lines, and
as nearly as practicable, of equal population with the population of the
largest district not to exceed the population of the smallest district by
more than five percent (5%). District lines must not cross precinct
lines. The state board shall establish:
(1) balloting procedures for the election under IC 3; and
(2) other procedures required to implement this section.
(g) A member of the board serves under section 3 of this chapter.
(h) In accordance with subsection (k), a vacancy in the board shall
be filled temporarily by the board as soon as practicable after the
vacancy occurs. The member chosen by the board to fill a vacancy
holds office until the member's successor is elected and qualified. The
successor shall be elected at the next regular school board election
occurring after the date on which the vacancy occurs. The successor
fills the vacancy for the remainder of the term.
(i) An individual elected to serve on the board begins the
individual's term on July 1 of the year of the individual's election.
(j) Notwithstanding any law to the contrary, each voter must cast a
vote for a school board candidate or school board candidates by voting
system or paper ballot. However, the same method used to cast votes
for all other offices for which candidates have qualified to be on the
election ballot must be used for the board offices.
(k) If a vacancy in the board exists because of the death of a
member, the remaining members of the board shall meet and select
an individual to fill the vacancy in accordance with subsection (h)
after the secretary of the board receives notice of the death under
IC 5-8-6.
SECTION 33. IC 20-26-4-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 4.5. (a) This section applies to a
school corporation subject to section 4 of this chapter.
(b) The definitions in IC 3-5-2 apply to this section.
(c) If a vacancy in a school board office exists because of the
death of a school board member, the remaining members of the
governing body shall meet and select an individual to fill the
vacancy after the secretary of the governing body receives notice
of the death under IC 5-8-6 and in accordance with section 4 of this
chapter.
SECTION 34. IC 34-17-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (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.
SECTION 35. IC 35-50-5-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.1. (a) Whenever a
person is convicted of a misdemeanor under IC 35-44-1, the court may
include in the sentence an order rendering the person incapable of
holding a public office of trust or profit for a fixed period of not more
than ten (10) years.
(b) If any officer of a governmental entity is convicted of a
misdemeanor under IC 35-44-1, the court may enter an order removing
the officer from office.
(c) This subsection applies whenever:
(1) the court enters an order under this section that applies to
a person who is an officer of a governmental entity (as defined
in IC 35-41-1-12); and
(2) a vacancy occurs in the office held by the person as the
result of the court's order.
The court must file a certified copy of the order with the person
who is entitled under IC 5-8-6 to receive notice of the death of an individual holding the office. The person receiving the copy of the order must give notice of the order 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.