Sec. 5.7. (a) Except as expressly provided by law, a candidate for selection under IC 3-13-5 or IC 3-13-11 for an appointment pro tempore to an office must comply with the requirements imposed under this chapter on a candidate for election to the office. For purposes of determining whether a candidate for an appointment pro tempore complies with a requirement imposed under this chapter on a candidate for election to the office, the term "before the election" is considered to read as:
(1) "before the date of the caucus that is required to fill the vacant office"; or
(2) "before the date that the county political party chairman appoints an individual to fill the vacant office";
whichever is the case.
(b) If a town council member:
(1) was elected or selected as a candidate from a town council district; and
(2) served on a council that subsequently adopted an ordinance under IC 36-5-2-4.1 abolishing town council districts;
a candidate for selection for an appointment pro tempore to succeed the town council member is not required to reside within the district formerly represented by the town council member.
As added by P.L.7-1990, SEC.28. Amended by P.L.3-1993, SEC.55; P.L.176-1999, SEC.28; P.L.219-2013, SEC.16.
Structure Indiana Code
Chapter 1. Qualifications for Candidates
3-8-1-1. Candidates Must Be Registered Voters
3-8-1-1.1. Error by Election Division or Circuit Court Clerk Does Not Invalidate Filing
3-8-1-1.5. Judge in Certain Cities; Town Court Judges
3-8-1-1.7. "Before the Election"
3-8-1-3. Limitation on Number of Lucrative Offices
3-8-1-4. Collectors and Holders of Public Money
3-8-1-5. Disqualification of Candidates
3-8-1-5.5. Candidates Defeated in Primary or Nomination Process; Ineligibility
3-8-1-5.7. Requirements of Candidates for Appointment Pro Tempore
3-8-1-6. President; Vice President; Presidential Elector; Alternate Presidential Elector
3-8-1-7. United States Senator
3-8-1-8. United States Representative
3-8-1-9. Governor or Lieutenant Governor
3-8-1-9.5. Governor and Lieutenant Governor Must Run Jointly
3-8-1-11. Justice of Supreme Court; Judge of Court of Appeals
3-8-1-13. Senator in General Assembly
3-8-1-14. Representative in General Assembly
3-8-1-17. Superior or Probate Court Judge
3-8-1-19. Prosecuting Attorney
3-8-1-19.5. Circuit Court Clerk
3-8-1-22. County Council Member
3-8-1-24. Mayor of First Class City
3-8-1-25. City-County Council Member
3-8-1-26. Mayor of Second or Third Class City
3-8-1-27. Common Council Member
3-8-1-28. City Clerk of Second Class City; City Clerk-Treasurer of Third Class City
3-8-1-30. Small Claims Court Judge
3-8-1-31. Small Claims Court Constable
3-8-1-32. Precinct Committeeman; Delegate to State Convention