§ Ind. Code § 3-13-5-1Caucus selection of successor

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(a) A vacancy in a legislative office shall be filled by a caucus comprised of the
precinct committeemen from the senate or house district where the vacancy exists who
represent the same political party that elected or selected the person who held the vacated
seat.
(b) Not later than thirty (30) days after the vacancy occurs (or as provided in subsections
(c) and (d)), the caucus shall meet and select a person to fill the vacancy by a majority vote
of those casting a vote for a candidate, including vice committeemen eligible to vote as a
proxy under section 5 of this chapter.
(c) A state chairman may give notice of a caucus before the time specified under
subsection (b) if a vacancy will exist because the official has:
(1) submitted a written resignation under IC 5-8-3.5 that has not yet taken effect;
(2) been elected to another office; or
(3) submitted a notice under IC 5-9-4 to take a leave of absence for active duty in the
armed forces or national guard.
(d) If a vacancy in a legislative office exists because of the death of the legislator, the
caucus shall meet and select a person to fill the vacancy not later than thirty (30) days after
the state chairman receives notice of the death of the legislator from the secretary of state
under IC 5-8-6.
(e) Notwithstanding IC 5-8-4, a person may not withdraw the person's resignation after
the resignation has been accepted by the person authorized to accept the resignation less than
seventy-two (72) hours before the announced starting time of the caucus under this chapter.
(f) The person selected must reside in the district where the vacancy occurred.

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