Indiana § 3-10-8-7.5 - Special elections for United States Representative; nomination of candidates; filing of candidate documents; withdrawal of candidate; absentee ballots

§ 3-10-8-7.5. Special elections for United States Representative; nomination of candidates; filing of candidate documents; withdrawal of candidate; absentee ballots

Sec. 7.5. (a) This section applies to a special election to fill one (1) or more vacancies in the office of United States Representative under 2 U.S.C. 8(b).

(b) A special election conducted under this section shall be governed by other provisions of this title as far as applicable.

(c) A political party entitled to fill a candidate vacancy under IC 3-13-2 shall nominate a candidate for election to the office under IC 3-13-2-3.

(d) A candidate who does not intend to affiliate with a political party described by subsection (c) shall:

(1) be nominated as an independent or a candidate of a political party by petition in accordance with IC 3-8-6; or

(2) file a declaration of intent to be a write-in candidate under IC 3-8-2-4(b).

(e) A certificate of candidate selection under IC 3-13-2-8, a petition of nomination, or a declaration of intent to be a write-in candidate must be filed with the election division not later than noon thirty-five (35) days before the special election is to be conducted.

(f) A candidate shall file a notice of withdrawal with the election division not later than noon thirty-three (33) days before the special election is to be conducted.

(g) As required under 2 U.S.C. 8(b)(5)(B), a county election board shall accept an absentee ballot cast by an absent uniformed services voter or an overseas voter for up to forty-five (45) days after the absentee ballot is transmitted to the voter.

(h) Notwithstanding IC 3-12-5-8(a), if a ballot accepted under subsection (g) is determined by the county election board to be otherwise valid, the circuit court clerk shall file an amendment to the certified statement previously filed under IC 3-12-5-6 with the election division not later than noon seven (7) days following the determination of the validity of the ballot. Notwithstanding IC 3-12-5-9, the election division, the secretary of state, and the governor shall prepare, execute, and transmit a replacement certificate of election if the amendment filed under this subsection results in a different candidate receiving the highest number of votes for the office.

As added by P.L.219-2013, SEC.29. Amended by P.L.278-2019, SEC.47.