IC 3-8-7-1: Candidate receiving highest vote; death of candidate before certification; candidate vacancy

Sec. 1. (a) Subject to subsections (b) and (c), the candidate of a political party receiving the highest vote for an office at a primary election is the nominee of that party for that office.

(b) If the candidate of a political party receiving the highest vote for an office at a primary election for which a declaration of candidacy must be filed with the secretary of state or election division under IC 3-8-2 dies before the certification of primary election results by the election division, the election division shall promptly certify to the state chairman of the political party that a candidate vacancy exists, which may be filled by the political party under IC 3-13-1.

(c) If the candidate of a political party receiving the highest vote for an office at a primary election for which a declaration of candidacy must be filed with the circuit court clerk under IC 3-8-2 dies before the certification of primary election results by the county election board, the county election board shall promptly certify to the county chairman of the political party that a candidate vacancy exists, which may be filled by the political party under IC 3-13-1.