Sec. 7. (a) Except as provided in subsection (b), action to fill a candidate vacancy must be taken:

(1) not later than noon July 3 after the primary election if the vacancy exists on a general or municipal election ballot; and

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) within thirty (30) days after the occurrence of the vacancy, if the vacancy exists on a special election ballot, subject to section 2 of this chapter.

     (b) This subsection applies to a candidate vacancy that exists before the thirtieth day before a general, municipal, or special election and that is due to any of the following:

(1) The death of a candidate.

(2) The withdrawal of a candidate.

(3) The disqualification of a candidate under IC 3-8-1-5.

(4) A court order issued under IC 3-8-7-29(d).

(5) The successful challenge of a candidate nominated by a state, county, or town convention of a political party.

(6) The successful challenge of a candidate under IC 3-8-8.

(7) The successful challenge of a candidate under section 16.5 or 20.5 of this chapter.

(8) The successful challenge of a candidate in a judicial proceeding.

Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this chapter for reasons permitted under this subsection must be taken within thirty (30) days after the occurrence of the vacancy.

[Pre-1986 Recodification Citation: 3-1-11-10(c).]

As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.416; P.L.10-1988, SEC.183; P.L.4-1991, SEC.125; P.L.1-1993, SEC.14; P.L.176-1999, SEC.113; P.L.260-2001, SEC.7; P.L.193-2021, SEC.99; P.L.153-2024, SEC.22.