Election matters., the official text

First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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provision adopted), the text of the new provision will appear in this style type. Also, the
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between statutes enacted by the 2024 Regular Session of the General Assembly.

  HOUSE ENROLLED ACT No. 1197

   AN ACT to amend the Indiana Code concerning elections.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 3-8-1-5.7, AS AMENDED BY P.L.219-2013,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.7. (a) Except as expressly provided by law, a
candidate for selection under IC 3-13-5, IC 3-13-6, IC 3-13-7,
IC 3-13-8, IC 3-13-9, IC 3-13-10, or IC 3-13-11 for an appointment
pro tempore to an office must:

      (1) comply with the requirements imposed under this chapter on
      a candidate for election to the office; and
      (2) if the individual is a candidate for selection by a caucus, be
      affiliated with the political party holding the caucus in the
      manner required under IC 3-8-2-7(a)(4) and
      IC 3-8-5-10.5(d)(4).
   (b) The individual or entity that has the authority under
IC 3-13-5, IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10,
or IC 3-13-11 to select a candidate for an appointment pro tempore
may remove a candidate from consideration if the candidate does
not meet the requirements under subsection (a).
   (c) For purposes of determining whether a candidate for an
appointment pro tempore complies with a requirement imposed under
this chapter on a candidate for election to the office, the term "before
the election" is considered to read as:
      (1) "before the date of the caucus that is required to fill the vacant

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      office"; or
      (2) "before the date that the county political party chairman
      appoints an individual to fill the vacant office";
whichever is the case.
   (b) (d) If a town council member:
      (1) was elected or selected as a candidate from a town council
      district; and
      (2) served on a council that subsequently adopted an ordinance
      under IC 36-5-2-4.1 abolishing town council districts;
a candidate for selection for an appointment pro tempore to succeed the
town council member is not required to reside within the district
formerly represented by the town council member.
   SECTION 2. IC 5-8-1-35, AS AMENDED BY P.L.24-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 35. (a) When an accusation in writing, verified by
the oath of any person or in resolutions adopted by a county executive
and county fiscal body in accordance with IC 36-2-8.7 or IC 36-6-4.5,
is presented to a circuit court, superior court, or probate court, alleging
that any officer within the jurisdiction of the court has been guilty of:
      (1) charging and collecting illegal fees for services rendered or to
      be rendered in the officer's office;
      (2) refusing, or neglecting, or being unable to perform the
      official duties pertaining to the officer's office;
      (3) in the case of a county officer (as defined in IC 36-2-8.7-1),
      failing to be physically present in the county officer's office in
      violation of IC 36-2-8.7-7; or
      (4) violating IC 36-6-4-17(b) if the officer is the executive of a
      township; or
      (5) failing, refusing, or being unable to participate in four (4)
      consecutive regular meetings of the county executive, if the
      officer is a member of a county executive;
the court must cite the party charged to appear before the court at any
time not more than ten (10) nor less than five (5) days from the time the
accusation was presented, and on that day or some other subsequent
day not more than twenty (20) days from the time the accusation was
presented must proceed to hear, in a summary manner, the accusation
and evidence offered in support of the same, and, if the accused party
appears before the court, the answer and evidence offered by the
party accused. If the accused party does not appear before the
court, the court may proceed to hear and determine the accusation
in the accused party's absence.
   (b) If after the hearing under subsection (a) it appears that the

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charge is sustained, the court must do the following:
      (1) Enter a decree that the party accused be deprived of the party's
      office.
      (2) Enter a judgment as follows:
         (A) For five hundred dollars ($500) in favor of the prosecuting
         officer.
         (B) For costs as are allowed in civil cases.
         (C) For the amount of money that was paid to the officer in
         compensation from the day when the accusation was filed
         under this section to the day when judgment is entered in favor
         of the public entity paying the compensation to the officer.

   (c) In an action under this section, a court may award reasonable
attorney's fees, court costs, and other reasonable expenses of litigation
to the accused officer if:

      (1) the officer prevails; and
      (2) the court finds that the accusation is frivolous or vexatious.
   SECTION 3. IC 36-2-8.7-1, AS ADDED BY P.L.169-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. As used in this chapter, "county officer" refers
to any of the following:
      (1) A county auditor.
      (2) A county treasurer.
      (3) A county recorder.
      (4) A county surveyor.
      (5) A county assessor.
      (6) A member of the county executive, if the county does not
      contain a consolidated city.
   SECTION 4. IC 36-2-8.7-2, AS ADDED BY P.L.169-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) The county executive may initiate the
process of petitioning a court to remove a county officer from office
under IC 5-8-1-35 by adopting a resolution in accordance with this
section.
   (b) At least one (1) public hearing must be held by the county
executive on the resolution at least ten (10) business days before the
resolution is adopted. The resolution must contain a concise statement
of the underlying basic facts that support the county executive's finding
that the county officer committed a violation described in:
      (1) section 7 of this chapter;
      (2) IC 5-8-1-35(a)(1); or
      (3) IC 5-8-1-35(a)(2);
      (4) IC 5-8-1-35(a)(3);

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      (5) IC 5-8-1-35(a)(4); or
      (6) IC 5-8-1-35(a)(5).
   SECTION 5. IC 36-2-8.7-6, AS ADDED BY P.L.169-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) At least one (1) public hearing must be held
by the county fiscal body on the resolution at least ten (10) business
days before the resolution is adopted. The resolution must contain a
concise statement of the underlying basic facts that support the county
fiscal body's finding that the county officer committed a violation
described in IC 5-8-1-35(a)(1), IC 5-8-1-35(a)(2), IC 5-8-1-35(a)(3),
IC 5-8-1-35(a)(4), IC 5-8-1-35(a)(5), or section 7 of this chapter. The
finding and statement of underlying basic facts supporting the finding
must be identical to those in the resolution adopted by the county
executive.
   (b) The resolution must be adopted by an affirmative vote of at
least:
      (1) five (5) members, in the case of a county fiscal body under
      IC 36-2-3-2(a);
      (2) seven (7) members, in the case of a county fiscal body under
      IC 36-2-3-2(b); or
      (3) seventeen (17) members, in the case of a county fiscal body of
      a county that has a consolidated city under IC 36-3-4-2.
   (c) The county fiscal body shall certify the resolution to:
      (1) the county executive;
      (2) the county officer; and
      (3) the clerk of the court in which the action is filed under
      IC 5-8-1-35;
not later than ten (10) days after the resolution is adopted.
   SECTION 6. IC 36-2-8.7-7, AS ADDED BY P.L.169-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) This section does not apply to a county
officer described in section 1(6) of this chapter.
   (b) A county officer must be physically present in the county
officer's office during regular office hours for a reasonable amount of
time each month during the county officer's term of office.
   (b) (c) A county officer may be removed from office by the court
under IC 5-8-1-35, if the county officer is in violation of this section
during one (1) or more months of the county officer's term. However,
it is a defense to any action brought under IC 5-8-1-35 asserting a
violation of this section, that the county officer's failure to be physically
present in the county officer's office was due to:
      (1) the serious illness of the county officer or the county officer's

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      spouse, parent, child, or stepchild; or
      (2) military service of the county officer.
The defense is available in any action brought under IC 5-8-1-35
regardless of whether the action is brought by a person or upon
resolutions adopted by the county executive or fiscal body under this
chapter.
   (c) (d) A county officer:
      (1) does not violate this section; and
      (2) may not be removed from office under IC 5-8-1-35;
for being physically absent from the county officer's office during any
month in which a declaration of a local disaster emergency under
IC 10-14-3-29 is in effect for at least one (1) work day in the county or
in the municipality in which the county officer's office is located.
   SECTION 7. IC 36-3-4-4, AS AMENDED BY P.L.127-2017,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. The city-county legislative body
may:
      (1) expel any member for violation of an official duty;
      (2) declare the seat of any member vacant if the member is unable
      or fails to perform the duties of the member's office; and
      (3) adopt its own rules to govern proceedings under this
      subsection.
However, a two-thirds (2/3) vote is required to expel a member or
vacate the member's seat.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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