§ 34-17-3-2 Judgment in favor of relator; proceedings

Codes > Indiana Code > Title 34 > Article 17 : Chapter 3 > 34-17-3-2 Judgment

34-17-3-2 Judgment in favor of relator; proceedings

    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.