Sec. 3. (a) This section applies to a vacancy that occurs in a state office other than governor, lieutenant governor, or a judicial office.

     (b) If a state officer wants to resign from office, the state officer must resign as provided in Ind. Code § 5-8-3.5.

lawyer at desk

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

Terms Used In Indiana Code 3-13-4-3

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
     (c) A vacancy that occurs in a state office because of the death of the state officer may be certified to the governor under Ind. Code § 5-8-6. The governor may not fill a vacancy as provided by law until the governor receives notice of the death under Ind. Code § 5-8-6.

     (d) A vacancy that occurs in a state office other than by resignation or death shall be certified to the governor by the circuit court clerk of the county in which the officer resided.

     (e) The governor shall fill a vacancy in a state office by appointment of a person of the same political party as the officer who held the vacated office.

     (f) The person who is appointed by the governor holds office for the remainder of the unexpired term and until a successor is elected and qualified.

[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 18 part.]

As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.430; P.L.119-2005, SEC.1; P.L.225-2011, SEC.84.

  Previous section
Next section  
 Chapter 4 Contents