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Indiana Code Title 3. Elections § 3-8-1-5.7

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 5.7. (a) Except as expressly provided by law, a candidate for selection under IC 3-13-5, IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, or IC 3-13-11 for an appointment pro tempore to an office must:

(1) comply with the requirements imposed under this chapter on a candidate for election to the office;  and

(2) if the individual is a candidate for selection by a caucus, be affiliated with the political party holding the caucus in the manner required under IC 3-8-2-7(a)(4) and IC 3-8-5-10.5(d)(4).

(b) The individual or entity that has the authority under IC 3-13-5, IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, or IC 3-13-11 to select a candidate for an appointment pro tempore may remove a candidate from consideration if the candidate does not meet the requirements under subsection (a).

(c) 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.

(d) 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.

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Cite this article: FindLaw.com - Indiana Code Title 3. Elections § 3-8-1-5.7 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-3-elections/in-code-sect-3-8-1-5-7/

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