Bill Text: IN HB1505 | 2013 | Regular Session | Introduced
Bill Title: Notices relating to vacancies in local offices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Elections and Apportionment [HB1505 Detail]
Download: Indiana-2013-HB1505-Introduced.html
Citations Affected: IC 3-13-11-11; IC 5-8-3.5-1.
Synopsis: Notices relating to vacancies in local offices. Provides that
when a vacancy is filled in a local office (other than a local judicial
office) previously held by a member of a major political party, the
circuit court clerk must give a copy of the certificate of appointment to
the fiscal officer of the political subdivision served by the local office
in which the vacancy has been filled. Provides that if a person or entity
receives a notice of resignation from a local office (other than a local
judicial office), and the person or entity does not have the power to fill
the vacancy that has occurred, the person or entity must give a copy of
the notice of resignation to the fiscal officer of the political subdivision
served by the local office in which the vacancy has occurred. (Under
current law, notice of the resignation must also be given to the person
or entity that has the power to fill the vacancy or call a caucus to fill the
vacancy.)
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Elections and
Apportionment.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) the selection required by section 10 of this chapter; or
(2) a selection under section 5(c) of this chapter;
the chairman shall certify the pro tempore appointment results to the circuit court clerk of the county in which the greatest percentage of the population of the election district is located.
(b) This subsection applies to the selection of an individual for an appointment pro tempore as judge of a town court, prosecuting attorney, circuit court clerk, county auditor, county recorder, county treasurer, county sheriff, county coroner, or county surveyor. The clerk shall forward a copy of the certificate to the election division. The election division shall prepare a commission for issuance under IC 4-3-1-5 in the same manner that the election division prepares a commission following the election of an individual to the office.
(c) This subsection applies to the selection of an individual for an
appointment pro tempore to a local office not described in subsection
(b). The clerk shall file the certificate in the clerk's office in the same
manner as certificates of election are filed. Within twenty-four (24)
hours after the certificate is filed, the clerk shall issue a copy of the
certificate to both of the following:
(1) The individual named in the certificate.
(2) The fiscal officer (as defined in IC 36-1-2-7) of the political
subdivision served by the local office in which the vacancy has
been filled.
(1) The governor and lieutenant governor shall notify the principal clerk of the house of representatives and the principal secretary of the senate to act in accordance with Article 5, Section 10 of the Constitution of the State of Indiana. The clerk and the secretary shall file a copy of the notice with the office of the secretary of state.
(2) A member of the general assembly shall notify the following, whichever applies:
(A) A member of the senate shall notify the president pro tempore of the senate.
(B) A member of the house of representatives shall notify the speaker of the house of representatives.
(3) The following officers commissioned by the governor under IC 4-3-1-5 shall notify the governor:
(A) An elector or alternate elector for President and Vice President of the United States.
(B) The secretary of state, auditor of state, treasurer of state, superintendent of public instruction, or attorney general.
(C) An officer elected by the general assembly, the senate, or the house of representatives.
(D) A justice of the Indiana supreme court, judge of the Indiana court of appeals, or judge of the Indiana tax court.
(E) A judge of a circuit, city, county, probate, superior, town, or township small claims court.
(F) A prosecuting attorney.
(G) A circuit court clerk.
(H) A county auditor, county recorder, county treasurer, county sheriff, county coroner, or county surveyor.
(4) An officer of a political subdivision (as defined by
IC 36-1-2-13) other than an officer listed in subdivision (3) shall
notify the circuit court clerk of the county containing the largest
percentage of population of the political subdivision.
(5) An officer not listed in subdivisions (1) through (4) shall
notify the person or entity from whom the officer received the
officer's appointment.
(b) A person or an entity that receives notice of a resignation and
does not have the power to fill the vacancy created by the resignation
shall, not later than seventy-two (72) hours after receipt of the notice
of resignation, give notice of the vacancy to:
(1) the person or entity that has the power to:
(1) (A) fill the vacancy; or
(2) (B) call a caucus for the purpose of filling the vacancy;
and
(2) if the resignation creates a vacancy in a local office (as
defined in IC 3-5-2-29), other than a local judicial office, to
the fiscal officer (as defined in IC 36-1-2-7) of the political
subdivision served by the local office in which the vacancy has
occurred.
