Sec. 7. (a) Except as provided in subsection (b) or (c), an officeholder who elects to take the leave of absence described in section 6 of this chapter shall give written notice that the officeholder is taking a leave of absence for military service to the person or entity designated in IC 5-8-3.5-1 to receive a resignation for the office the officeholder holds.

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Terms Used In Indiana Code 5-9-4-7

  • active duty: means full-time service in:

    Indiana Code 5-9-4-2

  • armed forces of the United States: means the active or reserve components of:

    Indiana Code 5-9-4-3

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • national guard: means :

    Indiana Code 5-9-4-4

  • officeholder: refers to a person who holds a state, legislative, local, or school board office (all as defined in IC 3-5-2). See Indiana Code 5-9-4-5
  • Probate: Proving a will
     (b) An officeholder who is:

(1) a justice of the supreme court, a judge of the court of appeals, or a judge of the tax court; or

(2) a judge of a circuit, city, probate, or superior court;

shall give the written notice required by subsection (a) to the clerk of the supreme court.

     (c) An officeholder who holds a school board office shall give the written notice required by subsection (a) to the person or entity designated in IC 20-25-3, IC 20-25-4, IC 20-25-5, IC 20-23-12.1, IC 20-23-14, IC 20-23-15, IC 20-23-4, or IC 20-26 to receive a resignation for the office the officeholder holds.

     (d) The written notice required by subsection (a) must state that the officeholder is taking a leave of absence because the officeholder:

(1) has been called for active duty in:

(A) the armed forces of the United States; or

(B) the national guard; and

(2) will be temporarily unable to perform the duties of the officeholder’s office.

As added by P.L.79-2004, SEC.1. Amended by P.L.1-2005, SEC.74; P.L.2-2014, SEC.13; P.L.184-2023, SEC.2.

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