Indiana Code
Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties
3-13-11-3. Calling of Caucus; Withdrawal of Resignation; When Caucus to Be Held

Sec. 3. (a) Except as provided in subsections (b) and (e) and section 3.5 of this chapter, after a vacancy occurs and not later than ten (10) days after a vacancy occurs in an office subject to this chapter, the county chairman:
(1) of the county in which the greatest percentage of the population of the election district of the office is located; and
(2) of the same political party that elected or selected the official who vacated the office;
shall give notice of a caucus to all eligible precinct committeemen.
(b) A county chairman may give notice of a caucus before the time specified under subsection (a) if a vacancy will exist because the official has:
(1) submitted a written resignation under IC 5-8-3.5;
(2) been elected to another office; or
(3) submitted a notice under IC 5-9-4 to take a leave of absence for active duty in the armed forces or national guard.
(c) 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 a caucus under this section.
(d) Except as provided in subsections (e) and (f) and section 3.5 of this chapter, a caucus under this section shall be held after giving notice to caucus members under section 4 of this chapter and not later than thirty (30) days after the vacancy occurs.
(e) If a vacancy exists in an office because of the death of the officeholder, the caucus shall meet and select an individual to fill the vacancy not later than thirty (30) days after the county chairman receives notice of the death under IC 5-8-6. The county chairman shall give notice to caucus members under section 4 of this chapter. The county chairman may not give the notice required by section 4 of this chapter until the county chairman receives notice of the death under IC 5-8-6.
(f) If a person or entity that receives notice of a resignation under IC 5-8-3.5-1(b) fails to provide timely notice of the resignation to the person or entity with the power to fill the vacancy or call the caucus, the person or entity with the power to fill the vacancy or call that caucus:
(1) may immediately proceed to fill the vacancy or call the caucus without prior receipt of the notice; and
(2) must do so not later than thirty (30) days after receiving the notice from the person or entity that received the notice of resignation.
[Pre-1986 Recodification Citation: 3-2-9-5(a).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.456; P.L.10-1988, SEC.199; P.L.4-1991, SEC.133; P.L.3-1997, SEC.396; P.L.174-2002, SEC.2; P.L.119-2005, SEC.23; P.L.194-2013, SEC.93; P.L.74-2017, SEC.67; P.L.278-2019, SEC.162.

Structure Indiana Code

Indiana Code

Title 3. Elections

Article 13. Vacancies

Chapter 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by Major Parties

3-13-11-1. Sections Requiring Following of Caucus Procedure; Appointments Pro Tempore

3-13-11-2. Repealed

3-13-11-3. Calling of Caucus; Withdrawal of Resignation; When Caucus to Be Held

3-13-11-3.5. Vacancy on Town Council Because of Member's Residency; Calling Caucus; When Caucus Must Be Held

3-13-11-4. Notice of Caucus

3-13-11-5. Members of Caucus; Eligibility

3-13-11-6. Chairman of Caucus

3-13-11-7. Required Filings for Pro Tempore Appointment

3-13-11-8. Caucus Rules of Procedure; Tie Vote; Effect of Lack of Quorum

3-13-11-9. Voting by Proxy

3-13-11-10. Selection of Person to Fill Vacancy; Secret Ballot

3-13-11-11. Certification of Pro Tempore Appointment Results; Forwarding Certificates; Filing Certificates

3-13-11-12. Chief Deputy Employee Except for Office of Judge; Assumption of Duties During Vacancy

3-13-11-13. Chief Deputy Employee Except for Office of Judge; Appointment if Position Declined, Person Ineligible, or Position Not Established

3-13-11-14. City Controller Assumes Duty of Mayor if Position of Deputy Mayor Not Established in First or Second Class City

3-13-11-15. President Pro Tempore of Common Council Assumes Duty of Mayor if Position of Deputy Mayor Not Established in Third Class City

3-13-11-16. Appointment to Office of Clerk or Clerk-Treasurer if Chief Deputy Position Not Established, Person Ineligible, or Position Declined

3-13-11-17. Circumstances in Which Township Board Chairman Assumes Duties of Township Office Except for Office of Judge or Township Board Member

3-13-11-18. Rights and Duties of Person Assuming Duties of Vacant Office

3-13-11-19. Vacancies; Candidates Eligible for Pro Tempore Appointment

3-13-11-20. Vacancies; Authority to Fill

3-13-11-21. Applicability of Provisions Concerning Temporary Filling of Vacancy