{"data":{"id":"us-in/ic-3-10-8-1","jurisdiction":"us-in","citation":"IC 3-10-8-1","heading":"When special election must be held","body":"Sec. 1. A special election shall be held in the following cases:\n(1) Whenever two (2) or more candidates for a federal, state, legislative, circuit, or school board office receive the highest and an equal number of votes for the office, except as provided in Article 5, Section 5 of the Constitution of the State of Indiana or in IC 20.\n(2) Whenever a vacancy occurs in the office of United States Senator, as provided in IC 3-13-3-1.\n(3) Whenever a vacancy occurs in the office of United States Representative unless the vacancy occurs less than seventy-four (74) days before a general election.\n(4) Whenever a vacancy occurs in any local office the filling of which is not otherwise provided by law.\n(5) Whenever required by law for a public question.\n(6) Whenever ordered by a court under IC 3-12-8-17 or the state recount commission under IC 3-12-11-18.\n(7) Whenever required under IC 3-13-5 to fill a vacancy in a legislative office unless the vacancy occurs less than seventy-four (74) days before a general election.","path":["TITLE 3. ELECTIONS","ARTICLE 10. PROVISIONS GOVERNING CERTAIN TYPES OF ELECTIONS","Chapter 8. Special Elections"],"source_url":"https://iga.in.gov/ic/2026/Title_3.html#3-10-8-1","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-08T08:01:41Z","sha256":"2742ba34ca230bd6eae9cd3fd27aeb2bb802fb4de3f551132a9a12f65c25b11f","source_id":"us-in","stale":false,"prev":"us-in/ic-3-10-7-35","next":"us-in/ic-3-10-8-2"},"notice":"GroundRules: Original legal text. Not legal advice."}
