CHAPTER 8. SPECIAL ELECTIONS
IC 3-10-8
Chapter 8. Special Elections
IC 3-10-8-1
Holding special elections
Sec. 1. A special election shall be held in the following cases:
(1) Whenever two (2) or more candidates for a federal, state,
legislative, circuit, or school board office receive the highest
and an equal number of votes for the office, except as provided
in Article 5, Section 5 of the Constitution of the State of Indiana
or in IC 20.
(2) Whenever a vacancy occurs in the office of United States
Senator, as provided in IC 3-13-3-1.
(3) Whenever a vacancy occurs in the office of United States
Representative unless the vacancy occurs less than thirty (30)
days before a general election.
(4) Whenever a vacancy occurs in any local office the filling of
which is not otherwise provided by law.
(5) Whenever required by law for a public question.
(6) Whenever ordered by a court under IC 3-12-8-17 or the state
recount commission under IC 3-12-11-18.
(7) Whenever required under IC 3-13-5 to fill a vacancy in a
legislative office unless the vacancy occurs less than thirty (30)
days before a general election.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.190;
P.L.10-1989, SEC.1; P.L.164-2006, SEC.76.
IC 3-10-8-2
Filling vacancies
Sec. 2. A vacancy in a local office to be filled under this chapter
shall be filled for the unexpired term unless prohibited by the
Constitution of the State of Indiana. However, if it will not be
necessary to exercise the functions of the office before the expiration
of the term in which the vacancy exists or will occur, it is not
necessary to fill the vacancy.
As added by P.L.5-1986, SEC.6.
IC 3-10-8-3
Writs of election
Sec. 3. (a) The governor, court, or state recount commission shall
order a special election under this chapter by issuing a writ of
election directed to the circuit court clerk of each county located
wholly or partially within the election district.
(b) The writ must specify:
(1) the election district in which the election is to be held;
(2) the cause and object of the election;
(3) the name of the person whose office is vacant; and
(4) the day on which the election will be held.
(c) A special election to be held in an election district situated in
two (2) or more counties shall be held on the same day in each
county.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1989, SEC.2.
IC 3-10-8-4
Notice of special election; publication; filing
Sec. 4. (a) Each circuit court clerk or town clerk-treasurer who
receives a writ ordering a special election shall publish in accordance
with IC 5-3-1:
(1) under the proper political party or independent candidate
designation:
(A) the title of office; and
(B) the names and addresses of all persons for whom
nomination papers have been filed;
if an elected office will be on the ballot at the special election;
(2) the text of any public question to be submitted to the voters;
(3) the date of the election; and
(4) the hours during which the polls will be open.
(b) The county election board or town election board shall file a
notice of a special election conducted under this chapter with the
election division not later than noon thirty (30) days before the
election is conducted.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.95;
P.L.3-1993, SEC.107; P.L.12-1995, SEC.65; P.L.2-1996, SEC.122;
P.L.3-1997, SEC.236.
IC 3-10-8-4.5
Offices and agencies to be notified of special election
Sec. 4.5. Whenever the election division receives a notice under
section 4 of this chapter, the election division shall notify the
following offices and agencies that a special election will be
conducted within all or part of Indiana:
(1) Each agency serving persons with disabilities and
designated as a voter registration site under IC 3-7-16.
(2) Armed forces recruitment offices in accordance with
procedures established under IC 3-7-17.
(3) Each agency designated as a voter registration site and
subject to IC 3-7-18.
(4) The bureau of motor vehicles for voter registration purposes
under IC 9-24-2.5.
(5) The adjutant general for purposes of enforcing
IC 10-16-7-17.
(6) The division of family resources for voter registration
purposes under IC 12-14-1.5, IC 12-14-25, and IC 12-15-1.5.
(7) The state department of health for voter registration
purposes under IC 16-35-1.6.
(8) The Federal Voting Assistance Program of the United States
Department of Defense, for notification of absent uniformed
services voters and overseas voters.
As added by P.L.12-1995, SEC.66. Amended by P.L.2-1996,
SEC.123; P.L.2-1997, SEC.8; P.L.3-1997, SEC.237; P.L.204-2001,
SEC.2; P.L.2-2003, SEC.10; P.L.145-2006, SEC.2; P.L.10-2010,
SEC.1.
IC 3-10-8-5
Law governing nomination of candidates
Sec. 5. (a) Special elections are governed by other provisions of
this title as far as applicable.
(b) Except as provided in section 7 of this chapter, IC 3-12-8-17,
or IC 3-12-11-18, candidates in special elections shall be nominated
in the same manner as candidates are nominated:
(1) to fill vacancies on the ballot under IC 3-13-1 or IC 3-13-2;
or
(2) under IC 3-8-6, if a candidate does not intend to affiliate
with a regular political party or represents a political party not
qualified to nominate candidates at a primary election or by
convention.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1989, SEC.3;
P.L.3-1997, SEC.238.
IC 3-10-8-6
Holding of elections at time other than that of general election
Sec. 6. (a) Except as provided in subsection (b) or (c), if a special
election is held at a time other than the time of a general election, the
election shall be held in accordance with this title. Each county
election board and other local public official who is required to
perform any duties in connection with a general election shall
perform the same duties for the special election, subject to the same
provisions and penalties as for a general election.
(b) If a special election is held:
(1) under a court order under IC 3-12-8; or
(2) for a local public question;
the county election board may provide that several precincts may
vote in the special election at the same polling place, if the county
election board finds by unanimous vote of the entire membership of
the board that the consolidation of polling places will not result in
undue inconvenience to voters.
(c) If a special election is held:
(1) under a court order under IC 3-12-8 for a school board
office; or
(2) for a local public question;
the county election board may by unanimous vote of the entire
membership of the board adopt a resolution to provide that each
precinct election board will include only one (1) inspector and one
(1) judge, and that only one (1) sheriff and one (1) poll clerk may be
nominated as precinct election officers. If the board has adopted a
resolution under subsection (b), a resolution adopted under this
subsection may also provide for more than one (1) precinct to be
served by the same precinct election board. A resolution adopted
under this subsection may not be rescinded by the county election
board and expires the day after the special election is conducted.
(d) The following procedures apply if a county election board
adopts a resolution under subsection (c):
(1) The inspector shall be nominated by the county chairman
entitled to nominate an inspector under IC 3-6-6-8.
(2) The judge shall act as a clerk whenever this title requires
that two (2) clerks perform a duty.
(3) The poll clerk shall act as a judge whenever this title
requires that two (2) judges perform a duty.
(4) If a precinct election board administers more than one (1)
precinct, the board shall keep the ballots cast in each precinct
separate from ballots cast in any other precinct, so that the votes
cast for each candidate and on each public question in each of
the precincts administered by the board may be determined.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1989, SEC.7;
P.L.3-1993, SEC.108; P.L.3-1997, SEC.239; P.L.14-2004, SEC.89;
P.L.230-2005, SEC.46.
IC 3-10-8-7
Vacancy in United States Senate; nominating candidates
Sec. 7. A candidate for the office of United States Senator in a
special election held to fill a vacancy in accordance with IC 3-13-3-1
shall be nominated:
(1) at a primary election held under IC 3-10-1, if the vacancy
occurs no later than noon seventy (70) days before the primary
election;
(2) as provided in IC 3-13-1-3, if the vacancy occurs after noon
on the seventieth day before a primary election held under
IC 3-10-1; or
(3) under IC 3-8-6, if a candidate is an independent candidate or
represents a political party not qualified to nominate candidates
at a primary election.
As added by P.L.10-1989, SEC.4. Amended by P.L.3-1993, SEC.109.
IC 3-10-8-8
Special elections ordered by court or recount commission
Sec. 8. (a) A special election ordered by:
(1) a court under IC 3-12-8-17; or
(2) the state recount commission under IC 3-12-11-18;
shall be held on the ninth Tuesday after the court or commission
enters an order requiring an election.
(b) The names of all candidates for a contested office must appear
on the ballot in the special election held under this section unless a
candidate vacancy has occurred.
(c) A special election held under this section may be held in all or
part of an election district, as specified in an order by:
(1) a court under IC 3-12-8-17; or
(2) the state recount commission under IC 3-12-11-18.
As added by P.L.10-1989, SEC.5.
IC 3-10-8-9
Registration period; poll lists; candidate limitations
Sec. 9. (a) If the special election occurs during the period when
registration is open under IC 3-7-13, the registration period continues
through the twenty-ninth day before the special election occurs and
resumes on the date specified by IC 3-7-13-10(d).
(b) The election board conducting the special election shall
provide poll lists for use at the precincts that include the names of
voters in the precinct who:
(1) have registered through the twenty-ninth day before the
special election is to be conducted; or
(2) are absent uniformed services voters or overseas voters
registered under IC 3-7-36.
(c) This subsection applies when a special election is ordered by
a court under IC 3-12-8-17 or the state recount commission under
IC 3-12-11-18. A candidate may not be placed on the special election
ballot unless the candidate was on the ballot or was a declared
write-in candidate for the office at the general election preceding the
special election.
As added by P.L.3-1993, SEC.110. Amended by P.L.12-1995,
SEC.67; P.L.3-1995, SEC.90; P.L.14-2004, SEC.90; P.L.10-2010,
SEC.2.