Sec. 3. (a) A person who knows of the death of an officeholder may certify the death to the following:

(1) The governor, in the case of the death of any of the following:

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Terms Used In Indiana Code 5-8-6-3

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • officeholder: refers to a person who holds a state office, legislative office, local office, or school board office (as those terms are defined in IC 3-5-2). See Indiana Code 5-8-6-2
  • Probate: Proving a will
(A) An individual who holds a state office (as defined in IC 3-5-2-48).

(B) An individual who is a judge of a circuit, superior, small claims, probate, or city court.

(2) The secretary of state, in the case of the death of an individual who holds a legislative office (as defined in IC-3-5-2-28).

(3) The circuit court clerk of the county in which the officeholder resided, in the case of the death of an officeholder of a county, city, town, township, or school corporation not covered under subdivision (1).

     (b) A person who certifies the death of an officeholder shall:

(1) state the information that causes the person to believe the officeholder has died; and

(2) certify, under the penalties for perjury, that to the best of the person’s knowledge and belief, the information stated is true.

As added by P.L.119-2005, SEC.29. Amended by P.L.278-2019, SEC.165; P.L.227-2023, SEC.134.