CHAPTER 11. CAUCUS PROCEDURE FOR FILLING VACANCIES IN CERTAIN LOCAL OFFICES HELD BY MAJOR PARTIES
IC 3-13-11
Chapter 11. Caucus Procedure for Filling Vacancies in Certain
Local Offices Held by Major Parties
IC 3-13-11-1
Sections requiring following of caucus procedure; appointments
pro tempore
Sec. 1. The caucus procedure prescribed by this chapter for filling
vacancies in local offices must be followed whenever required by
IC 3-13-6-2, IC 3-13-6-3(a), IC 3-13-7-1, IC 3-13-8-1, IC 3-13-9-1,
or IC 3-13-10-1. Selections made under this chapter (or under
IC 3-2-9 before its repeal on March 4, 1986) are appointments pro
tempore for the purposes of Article 2, Section 11 of the Constitution
of the State of Indiana.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.5;
P.L.15-1987, SEC.2; P.L.14-1988, SEC.2; P.L.3-1990, SEC.13;
P.L.19-1995, SEC.2.
IC 3-13-11-2
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 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, 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; or
(2) been elected to another office.
(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 subsection (e) 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 a circumstance has
occurred under IC 36-5-2-6.5(2), 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.
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.
IC 3-13-11-3.5
Vacancy on town council because of member's residency; calling
caucus; when caucus must be held
Sec. 3.5. (a) If a vacancy exists on a town council because a
circumstance has occurred under IC 36-5-2-6.5(3), the caucus shall
meet and select an individual to fill the vacancy not later than thirty
(30) days after the county chairman receives a notice of the vacancy
under IC 5-8-5.
(b) The county chairman shall:
(1) give notice of the caucus meeting to caucus members under
section 4 of this chapter; and
(2) keep the notice of the vacancy with the records of the
caucus.
As added by P.L.174-2002, SEC.3. Amended by P.L.1-2003, SEC.8;
P.L.119-2005, SEC.24.
IC 3-13-11-4
Notice of caucus
Sec. 4. The notice for a caucus under section 3 of this chapter
must:
(1) be in writing;
(2) state the name of the chairman of the caucus;
(3) state the purpose of the caucus;
(4) state the date, time, and place of the caucus; and
(5) be sent by first class mail to each member of the caucus at
least ten (10) days before the caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.457.
IC 3-13-11-5
Members of caucus; eligibility
Sec. 5. (a) To be eligible to be a member of a caucus under this
chapter, a precinct committeeman must satisfy the following:
(1) Be a member of the same political party that elected or
selected the person who vacated the office to be filled.
(2) Be the precinct committeeman of a precinct in which voters
were eligible to vote for the person who vacated the office to be
filled at the last election conducted or permitted for the office.
(3) Satisfy the other requirements of this section.
An elected precinct committeeman is eligible to participate in a
caucus called under this chapter, regardless of when the vacancy in
the office occurred.
(b) An appointed precinct committeeman is eligible to participate
in a caucus called under this chapter if the precinct committeeman
was a precinct committeeman thirty (30) days before the vacancy
occurred.
(c) If fewer than two (2) persons are eligible to be members of a
caucus under this section, the county chairman entitled to give notice
of a caucus under section 3 of this chapter shall fill the vacancy, no
later than thirty (30) days after the vacancy occurs. A chairman
acting under this subsection is not required to conduct a caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.458;
P.L.10-1988, SEC.200; P.L.5-1989, SEC.68; P.L.3-1993, SEC.227;
P.L.38-1999, SEC.66; P.L.176-1999, SEC.116; P.L.26-2000,
SEC.29.
IC 3-13-11-6
Chairman of caucus
Sec. 6. The county chairman:
(1) of the county in which the greatest percentage of the
population of the election district is located; and
(2) of the same political party that elected or selected the
official who vacated the office to be filled;
is the chairman of a caucus held under this chapter. The chairman is
not eligible to vote in the caucus unless the chairman is also a
member of the caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.459;
P.L.10-1988, SEC.201.
IC 3-13-11-7
Required filings for pro tempore appointment
Sec. 7. (a) This section does not apply to a vacancy filled by a
county chairman under section 5(c) of this chapter.
(b) A person who wishes to be a candidate for pro tempore
appointment to fill a vacancy under this chapter must file:
(1) a declaration of candidacy with the chairman of the caucus;
and
(2) a statement of economic interests with the commission on
judicial qualifications if the vacancy is in the office of
prosecuting attorney;
at least seventy-two (72) hours before the time fixed for the caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.6;
P.L.5-1989, SEC.69; P.L.19-1995, SEC.3; P.L.38-1999, SEC.67.
IC 3-13-11-8
Caucus rules of procedure; tie vote
Sec. 8. Except as provided in this chapter, the caucus shall
establish the caucus rules of procedure. The chairman shall break any
tie vote that occurs in the caucus.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.7;
P.L.3-1987, SEC.460.
IC 3-13-11-9
Voting by proxy
Sec. 9. (a) Except as provided in this section, voting by proxy is
not permitted in a caucus held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus held under this chapter and vote as a proxy for the vice
committeeman's precinct committeeman if all of the following apply:
(1) The vice committeeman's precinct committeeman is
otherwise eligible to participate in the caucus under this
chapter. This subdivision is satisfied if the vacancy to be filled
under this chapter resulted from the death of an individual
holding a local office who also served as a precinct
committeeman.
(2) The vice committeeman's precinct committeeman is not
present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman
is eligible to participate in a caucus held under this chapter and vote
the precinct committeeman's proxy, regardless of when the vacancy
occurred, if the vice committeeman was the vice committeeman five
(5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c), the
vice committeeman is eligible to participate in a caucus held under
this chapter and vote the precinct committeeman's proxy only if the
vice committeeman was the vice committeeman thirty (30) days
before the vacancy occurred.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.8;
P.L.3-1987, SEC.461; P.L.10-1988, SEC.202; P.L.3-1995, SEC.133;
P.L.26-2000, SEC.30; P.L.199-2001, SEC.27.
IC 3-13-11-10
Selection of person to fill vacancy; secret ballot
Sec. 10. The members of a caucus held under this chapter shall
select, by a majority vote of those casting a vote for a candidate, a
person to fill the vacancy described in the written notice of the
caucus. The selection shall be conducted by secret ballot.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.9;
P.L.3-1987, SEC.462.
IC 3-13-11-11
Certification of pro tempore appointment results; forwarding
certificates; filing certificates
Sec. 11. (a) No later than noon five (5) days after:
(1) the selection required by section 10 of this chapter; or
(2) a selection under section 5(c) of this chapter;
the chairman shall certify the pro tempore appointment results to the
circuit court clerk of the county in which the greatest percentage of
the population of the election district is located.
(b) This subsection applies to the selection of an individual for an
appointment pro tempore as judge of a town court, prosecuting
attorney, circuit court clerk, county auditor, county recorder, county
treasurer, county sheriff, county coroner, or county surveyor. The
clerk shall forward a copy of the certificate to the election division.
The election division shall prepare a commission for issuance under
IC 4-3-1-5 in the same manner that the election division prepares a
commission following the election of an individual to the office.
(c) This subsection applies to the selection of an individual for an
appointment pro tempore to a local office not described in subsection
(b). The clerk shall file the certificate in the clerk's office in the same
manner as certificates of election are filed. Within twenty-four (24)
hours after the certificate is filed, the clerk shall issue a copy of the
certificate to the individual named in the certificate.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.10;
P.L.10-1988, SEC.203; P.L.5-1989, SEC.70; P.L.38-1999, SEC.68;
P.L.26-2000, SEC.31.
IC 3-13-11-12
Chief deputy employee except for office of judge; assumption of
duties during vacancy
Sec. 12. (a) This section does not apply to the office of a judge.
(b) Subject to sections 13 through 17 of this chapter, the chief
deputy employee of the office that is vacant assumes the duties of
that office for the period of time between when a vacancy occurs and
when the office is filled under this chapter in a circuit, county, city,
town, or township office.
As added by P.L.5-1986, SEC.9. Amended by P.L.14-2004, SEC.172.
IC 3-13-11-13
Chief deputy employee except for office of judge; appointment if
position declined, person ineligible, or position not established
Sec. 13. (a) This section does not apply to the office of a judge.
(b) In accordance with section 12 of this chapter, if a chief deputy
employee does not exist in a circuit or county office, or the chief
deputy employee declines or is ineligible to serve, the board of
county commissioners shall appoint, as soon as is reasonably
possible, a person to assume the duties of the office until the office
is filled under this chapter.
(c) If a circuit contains more than one (1) county, the boards of
county commissioners of the counties shall meet in joint session at
the county seat of the county that contains the greatest percentage of
population of the circuit to appoint an individual under this section.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1993, SEC.228;
P.L.14-2004, SEC.173.
IC 3-13-11-14
City controller assumes duty of mayor if position of deputy mayor
not established in first or second class city
Sec. 14. In accordance with section 12 of this chapter, if the
position of deputy mayor is not established by ordinance in a first
class or second class city, the city controller assumes the duties of
mayor until the office is filled under this chapter.
As added by P.L.5-1986, SEC.9.
IC 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
Sec. 15. In accordance with section 12 of this chapter, if the
position of deputy mayor is not established by ordinance in a third
class city, the president pro tempore of the common council assumes
the duties of mayor until the office is filled under this chapter.
As added by P.L.5-1986, SEC.9.
IC 3-13-11-16
Appointment to office of clerk or clerk-treasurer if chief deputy
position not established, person ineligible, or position declined
Sec. 16. In accordance with section 12 of this chapter, if a chief
deputy employee does not exist in the office of clerk or
clerk-treasurer of a city or town, or the chief deputy employee
declines or is ineligible to serve, the mayor of the city or the
president of the town council shall appoint, as soon as is reasonably
possible, a person to assume the duties of the office until the office
is filled under this chapter.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1989, SEC.12;
P.L.3-1993, SEC.229; P.L.14-2004, SEC.174.
IC 3-13-11-17
Circumstances in which township board chairman assumes duties
of township office except for office of judge or township board
member
Sec. 17. (a) This section does not apply to the office of a judge or
a township board member.
(b) In accordance with section 12 of this chapter, if a chief deputy
employee does not exist in a township office or the chief deputy
employee declines or is ineligible to serve, the chairman of the
township board assumes the duties of the township office until the
office is filled under this chapter.
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.5;
P.L.3-1993, SEC.230; P.L.14-2004, SEC.175.
IC 3-13-11-18
Rights and duties of person assuming duties of vacant office
Sec. 18. A person who assumes the duties of a vacant office under
this chapter has all of the office's rights and duties. Except as
provided in IC 3-13-6, the person serves for the remainder of the
unexpired term.
As added by P.L.5-1986, SEC.9. Amended by P.L.38-1999, SEC.69.
IC 3-13-11-19
Vacancies; candidates eligible for pro tempore appointment
Sec. 19. The person who last held a vacated office may not be a
candidate for pro tempore appointment to fill a vacancy in that office
under this chapter for the remainder of the term.
As added by P.L.8-1986, SEC.11.
IC 3-13-11-20
Vacancies; authority to fill
Sec. 20. Except as expressly provided in this article, if a person:
(1) is authorized to fill a vacancy in office or to determine
which incumbent continues to hold an office under
IC 3-13-9-5.6 or IC 3-13-10-6.5; and
(2) fails to fill the vacancy or determine which incumbent
continues to hold office before the deadline prescribed by
statute;
the person retains the authority to fill the vacancy or to determine
which incumbent continues to hold office.
As added by P.L.3-1997, SEC.397.
IC 3-13-11-21
Applicability of provisions concerning temporary filling of vacancy
Sec. 21. Sections 12 through 20 of this chapter apply to a vacancy
in an office to be filled under:
(1) this chapter; or
(2) IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, or IC 3-13-10.
As added by P.L.3-1997, SEC.398.