CHAPTER 6. NOTICE OF DEATH OF AN OFFICEHOLDER
IC 5-8-6
Chapter 6. Notice of Death of an Officeholder
IC 5-8-6-1
Applicability
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.
As added by P.L.119-2005, SEC.29.
IC 5-8-6-2
"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).
As added by P.L.119-2005, SEC.29.
IC 5-8-6-3
Certification of officeholder's death
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.
As added by P.L.119-2005, SEC.29.
IC 5-8-6-4
Vacancies filled by governor
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.
As added by P.L.119-2005, SEC.29.
IC 5-8-6-5
Secretary of state's notice
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.
As added by P.L.119-2005, SEC.29.
IC 5-8-6-6
Circuit court clerk's notice
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.
As added by P.L.119-2005, SEC.29.