Indiana Code
Chapter 3. Distribution of Ballots and Other Supplies
3-11-3-29.3. Death of Candidate Who Filed With Secretary of State or Election Division; Name of Deceased Candidate Printed on Ballot; Replacement Ballot; Effect of Deceased Candidate Receiving the Most Votes

Sec. 29.3. (a) This section applies to a candidate who has filed with the secretary of state or election division as a candidate for nomination in a primary election.
(b) If the election division determines that a candidate for nomination in a primary has died, the division shall:
(1) not include the name of the candidate in the certification transmitted to the county under IC 3-8-2-17; or
(2) if the certification to the county has already been transmitted, notify the county election board of each county to which the candidate's name has been previously certified.
(c) The county election board shall not print the name of a deceased candidate described in subsection (b) on a primary ballot. However, if the county election board has already printed ballots containing the name of the deceased candidate, the county may provide those ballots to voters and shall not reprint the ballot to remove the name of the deceased candidate.
(d) A voter who has cast a ballot containing the name of a deceased candidate is entitled to request a replacement absentee ballot under IC 3-11.5-4-2.
(e) If a deceased candidate receives the most votes in a primary election, a candidate vacancy occurs that the candidate's party may fill under IC 3-13.
As added by P.L.194-2013, SEC.48. Amended by P.L.169-2015, SEC.93; P.L.278-2019, SEC.59.

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