Ind. Code » Title 3
Indiana Code

Ind. Code § 3-13-2-1 (2025)

Application of chapter; time for taking action to fill candidate vacancy

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1. (a) This chapter applies to the filling of a candidate vacancy of a former candidate for nomination or election to an office at a general, municipal, or special election that occurs after the thirty-first day before a general, municipal, or special election 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 IC 3-13-1-16.5 or IC 3-13-1-20.5.

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

     (b) Action to fill a candidate vacancy under this chapter must be taken not later than 6 a.m. on election day.

[Pre-1986 Recodification Citation: 3-1-11-10.1(a).]

As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.187; P.L.4-1991, SEC.126; P.L.227-2023, SEC.126; P.L.153-2024, SEC.24.

 

Notes of Decisions
Cited in 2 cases, 2008–2020 · leading case: Lockard v. Miles, 882 N.E.2d 288 (Ind. Ct. App. 2008).
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Lockard v. Miles, 882 N.E.2d 288 (Ind. Ct. App. 2008). · cites it 2× “Indiana Code § 3-13-2-1 provides: This chapter [Late Candidate Vacancies] applies to the filling of a candidate vacancy that exists due to the: (1) death of a political party’s candidate; (2) withdrawal of a candidate who has moved from the election district; (3)…”
Angela Craig v. Steve Simon, 978 F.3d 1043 (8th Cir. 2020). “5/7- 61; Ind. Code §§ 3-13-2-1 , -3; Iowa Code § 43.”
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