Indiana § 3-10-4-8 - Filling of vacancy

§ 3-10-4-8. Filling of vacancy

Sec. 8. (a) This section applies if a presidential elector:

(1) files the presidential elector's resignation with the governor under IC 5-8-3.5;

(2) dies or is otherwise disqualified from holding office, and the presidential elector's death or disqualification is certified to the governor by the state chairman of the political party of the presidential elector;

(3) fails to appear before 11 a.m. on the day prescribed by section 7 of this chapter; or

(4) vacates the presidential elector's office as described in section 9(d) of this chapter.

(b) If the presidential elector's alternate presidential elector is present to vote, the alternate presidential elector shall fill the vacancy. If the alternate presidential elector is not present, the presidential electors present shall, by paper ballot and a majority vote of all those present, immediately fill the vacancy upon proof of the resignation or certification being provided to the presidential electors, or at 11 a.m., whichever occurs first. The presidential electors must fill the vacancy as follows:

(1) If the alternate presidential elector for the vacant office is not present to vote, by choosing a presidential elector from among the alternate presidential electors present.

(2) If the number of alternate presidential electors present is insufficient to fill any vacant position under subdivision (1), by electing any immediately available individual who is qualified to serve as a presidential elector.

(c) To qualify as an alternate presidential elector under subsection (b), an individual who has not executed the pledge required under section 1.7 of this chapter must execute the following pledge: "I agree to serve and to mark my ballots for President and Vice President consistent with the pledge of the individual to whose presidential elector position I have succeeded.".

(d) The election shall immediately be certified by a majority of the presidential electors to the governor, who shall immediately notify the individual of the individual's election by presenting the individual with a commission issued under IC 4-3-1-5.

[Pre-1986 Recodification Citation: 3-1-12-6 part.]

As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.176; P.L.3-1993, SEC.98; P.L.3-1997, SEC.225; P.L.201-2017, SEC.20.