Indiana Code
Chapter 3. Distribution of Ballots and Other Supplies
3-11-3-29.4. Death of Candidate Who Filed With Circuit Court Clerk or Board of Elections and Registration; Name of Deceased Candidate Printed on Ballot; Replacement Ballot; Effect of Deceased Candidate Receiving the Most Votes

Sec. 29.4. (a) This section applies to a candidate who has filed with a circuit court clerk or board of elections and registration as a candidate for:
(1) nomination in a primary election or municipal primary election; or
(2) election to a political party office in a primary election.
(b) If the county election board determines by unanimous vote of the entire membership that there is good cause to believe that a candidate has died, the board shall not print the name of the candidate on the primary ballot.
(c) 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.49. Amended by P.L.76-2014, SEC.31; P.L.169-2015, SEC.94; P.L.278-2019, SEC.60.

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