Sec. 9. (a) Whenever the person or entity that receives the written notice under section 7(a) or 7(c) of this chapter has the power to fill a vacancy created by a resignation from the office the
officeholder holds, the person or entity shall make the temporary appointment needed during the officeholder’s leave of absence.
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Terms Used In Indiana Code 5-9-4-9
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- officeholder: refers to a person who holds a state, legislative, local, or school board office (all as defined in IC 3-5-2). See Indiana Code 5-9-4-5
(b) Whenever the person or entity that receives the written notice under section 7(a) or 7(c) of this chapter does not have the power to fill a vacancy created by a resignation from the office the officeholder holds, the person or entity shall, not later than seventy-two (72) hours after receipt of the officeholder’s notice, give written notice of the need for a temporary appointment during the officeholder’s leave of absence to the person or entity who has the power to:
(1) fill a vacancy; or
(2) call a caucus under IC 3-13-11 for the purpose of filling a vacancy;
created by a resignation from the office the officeholder holds.
(c) Whenever the clerk of the supreme court receives the written notice under section 7(b) of this chapter, the clerk shall give notice of the officeholder’s leave of absence to the supreme court in accordance with the court’s rules and procedures.
As added by P.L.79-2004, SEC.1.