Sec. 23. (a) This section applies if a person:

(1) files a declaration of candidacy under this chapter;

(2) moves from the election district that the person sought to represent following the filing of the declaration of candidacy;

(3) does not file a notice of withdrawal of candidacy under section 20 of this chapter; and

(4) is no longer an active candidate.

(b) The county chairman of any political party on the ballot in the election district or a candidate for the office sought by the person described in subsection (a) may, upon determining that this section applies, file an action in the circuit court, superior court, or probate court in the county where the person described in subsection (a) resided. The complaint in this action must:

(1) state that this section applies to the person;

(2) name the person described in subsection (a) and the public official responsible for placing that person's name on the ballot as defendants; and

(3) be filed no later than a notice of withdrawal could have been filed under section 20 of this chapter.

(c) When a complaint is filed under subsection (b), the circuit court, superior court, or probate court shall conduct a hearing and rule on the petition within ten (10) days after it is filed.

(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the:

(1) general election ballot; and

(2) primary election ballot if no other person is:

(A) a member of the same political party as the person described in subsection (a); and

(B) a candidate on the ballot for the office sought by the person described in subsection (a).

(e) The candidate vacancy shall be filled under IC 3-13-1.

As added by P.L.3-1987, SEC.99. Amended by P.L.84-2016, SEC.6.