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Ind. Code § 34-17-3-2

Judgments in favor of relator; proceedings; filling public office vacancy under IC 5-8-6

Applied in 1 court decision — leading case In re Mental Health Actions for A.S., Sara Townsend (2014)

Most recently applied in In re Mental Health Actions for A.S., Sara Townsend (May 2014)

As added by P.L.1-1998, SEC.12

Sec. 2. (a) If judgment is rendered in favor of a person who claims to be the person entitled to hold the office:

(1) that person shall proceed to exercise the functions of the office after the person has been qualified, as required by law; and

(2) the court shall order the defendant to deliver all the funds and records in the custody or within the power of the defendant, belonging to the office from which the defendant has been removed:

(A) to the person entitled to hold the office; or

(B) if a vacancy results, to the court to hold until a person is selected under subsection (b) to fill the vacancy.

(b) This subsection applies whenever:

(1) the court renders a judgment under subsection (a) that an individual holding a public office (as that term is used in IC 34-17-1-1) is not entitled to hold that office; and

(2) a vacancy occurs in that office as the result of the court's judgment.

The court must file a certified copy of the judgment with the person who is entitled under IC 5-8-6 to receive notice of the death of an individual holding the public office. The person receiving the copy of the judgment must give notice of the judgment in the same manner as if the person had received a notice of the death of the officeholder under IC 5-8-6. The person required or permitted to fill the vacancy that results from a removal under this section must comply with IC 3-13 or IC 20, whichever applies, to fill the vacancy.

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