Indiana Code
Ind. Code § 3-13-1-2 (2025)
Candidate vacancy for primary election; ballot not to be filled but may be filled on following general or municipal election ballot
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 2. A candidate vacancy that exists on a primary election ballot may not be filled for the primary election. The resulting vacancy on the following general or municipal election ballot may be filled in the manner prescribed by this chapter if it is filled not later than the noon July 3 certification deadline under section 15(c) of this chapter.
[Pre-1986 Recodification Citation: 3-1-11-10(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.414; P.L.4-1991, SEC.124; P.L.260-2001, SEC.6; P.L.193-2021, SEC.98.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2008–2025 · leading case: Lockard v. Miles, 882 N.E.2d 288 (Ind. Ct. App. 2008).
Lockard v. Miles, 882 N.E.2d 288 (Ind. Ct. App. 2008). “Mullican, on the other hand, argues that “[t]he clear and unambiguous language of Ind.Code § 3-13-1-2 does not allow a political party to fill a candidate vacancy on a primary ballot.”
Ross Graham Thomas v. Joseph Foyst, 239 N.E.3d 95 (Ind. Ct. App. 2024). “1 See Ind. Code § 3-13-1-2 (“A candidate vacancy that exists on a primary election ballot may not be filled for the primary election.”
Ross Graham Thomas v. Joseph Foyst, 260 N.E.3d 887 (Ind. 2025). “See I.C. § 3-13-1-2; I.C. § 3-13-1-7(a) (reiterating the July 3 at noon deadline for filling a general election vacancy).”
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