Indiana § 3-8-1-5.7 - Requirements of candidates for appointment pro tempore

§ 3-8-1-5.7. Requirements of candidates for appointment pro tempore

Sec. 5.7. (a) Except as expressly provided by law, a candidate for selection under IC 3-13-5, IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, or IC 3-13-11 for an appointment pro tempore to an office must:

(1) comply with the requirements imposed under this chapter on a candidate for election to the office; and

(2) if the individual is a candidate for selection by a caucus, be affiliated with the political party holding the caucus in the manner required under IC 3-8-2-7(a)(4) and IC 3-8-5-10.5(d)(4).

(b) The individual or entity that has the authority under IC 3-13-5, IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, or IC 3-13-11 to select a candidate for an appointment pro tempore may remove a candidate from consideration if the candidate does not meet the requirements under subsection (a).

(c) For purposes of determining whether a candidate for an appointment pro tempore complies with a requirement imposed under this chapter on a candidate for election to the office, the term "before the election" is considered to read as:

(1) "before the date of the caucus that is required to fill the vacant office"; or

(2) "before the date that the county political party chairman appoints an individual to fill the vacant office";

whichever is the case.

(d) If a town council member:

(1) was elected or selected as a candidate from a town council district; and

(2) served on a council that subsequently adopted an ordinance under IC 36-5-2-4.1 abolishing town council districts;

a candidate for selection for an appointment pro tempore to succeed the town council member is not required to reside within the district formerly represented by the town council member.

As added by P.L.7-1990, SEC.28. Amended by P.L.3-1993, SEC.55; P.L.176-1999, SEC.28; P.L.219-2013, SEC.16; P.L.159-2025, SEC.1.