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Ind. Code § 3-8-8-8

Effect of candidate who withdraws receiving most votes in election; filling vacancy

Applied in 1 court decision — leading case White v. Indiana Democratic Party Ex Rel. Parker (2012)

Most recently applied in White v. Indiana Democratic Party Ex Rel. Parker (March 2012)

As added by P.L.230-2005, SEC.32.

Sec. 8. (a) This section applies if a candidate whose name remains on the ballot under section 7 of this chapter receives the most votes in the general election among all candidates for the office.

(b) If, after the election, it is determined as provided by law that the individual was not qualified to be elected to the office, it shall be considered that:

(1) an eligible candidate of the same political party, if any, as the ineligible candidate had been elected; and

(2) a vacancy in the office occurred after the election.

(c) The vacancy in the office shall be filled as otherwise provided by law.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.