Title 5, STATE AND LOCAL ADMINISTRATION

Sec. 3. (a) Members of the general assembly shall take the oath described by section 1 of this chapter before taking their seats. The oath shall be entered on the journals. (b) The governor and lieutenant-governor shall each take the oath described by section 1 of this chapter. T…

Sec. 4. (a) As used in this section, "political subdivision" has the meaning set forth in IC 36-1-2-13. (b) The copy of the oath under section 2 of this chapter shall be deposited by the person as follows: (1) Of all officers whose oath is endorsed on or attached to the commissio…

Sec. 5.1. (a) "Political subdivision" as used in this section has the meaning set forth in IC 36-1-2-13 and excludes any department or agency of the state. (b) Every elected or appointed officer, official, deputy, employee, or contractor of a political subdivision who is required…

Sec. 6. The official bond of the secretary of state shall be filed and recorded in the recorder's office of Marion County. Formerly: Acts 1852, 1RS, c.13, s.6. As amended by Acts 1980, P.L.8, SEC.31.

Sec. 7. It shall be the duty of every officer with whom such certified copies and bonds shall be filed to preserve the same, and, on demand, give certified copies thereof, or of the record, attested with his official seal, and for the same he shall receive the same fees allowed b…

Sec. 8. (a) The official bonds of officers, if sufficient, shall be approved as follows: (1) Of county officers required to give bonds, by the clerk of the circuit court unless otherwise specified in this section. (2) Of county sheriff, county coroner, county recorder, county aud…

Sec. 9. An officer required to give an official bond shall give the bond before the commencement of his term of office. If the officer fails to give the bond before that time, the officer may not take office. [Pre-Local Government Recodification Citations: 17-3-17-1 part; 17-3-23…

Sec. 1. (a) The secretary of state, the state comptroller, the treasurer of state, the sheriff of the supreme court, and every clerk of the circuit court may appoint deputies, when necessary or when required, if provision shall have been made for paying such deputies for their se…

Sec. 2. (a) Subsection (b) does not apply to the deputy of a circuit court clerk or a deputy described in IC 5-4-1-1(c). (b) Deputies shall take the oath required of their principals. (c) A deputy may perform all the official duties of the deputy's principal, being subject to the…

Sec. 3. Such principals shall be responsible for all the official acts of their deputies. Formerly: Acts 1852, 1RS, c.28, s.3.

Sec. 1.The secretary of state, provided that no fees shall be charged against the United States, or this, or any other state, or any county of this state, nor against any officer of either of them, for any attestation, certificate or paper required by them for official use, shall…

Sec. 1. (a) Under Article 6, Sections 7 and 8 of the Constitution of the State of Indiana, all state officers other than justices of the supreme court or judges of the court of appeals of Indiana or the Indiana tax court, all other judges, prosecuting attorneys, and all county, c…

Sec. 10. The defendant can not be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes, and if two-thirds of the members elected do not concur in a conviction, he must be acquitted. Formerly: Acts 1897, c.182, s.10.

Sec. 11. After conviction, the senate must, at such time as it may appoint, pronounce judgment, in the form of resolution entered upon the journals of the senate. Formerly: Acts 1897, c.182, s.11.

Sec. 12. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate. Formerly: Acts 1897, c.182, s.12.

Sec. 13. The judgment may be that the defendant be suspended or that he be removed from office and disqualified to hold any office of honor, trust or profit, under the state. Formerly: Acts 1897, c.182, s.13.

Sec. 14. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees or emoluments of the office. Formerly: Acts 1897, c.182, s.14.

Sec. 15. Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, such officer is temporarily suspended from office and cannot act in the officer's official capacity until the officer is acquitted. Upon such suspension of any office…

Sec. 16. If the governor or lieutenant-governor is impeached, the chief justice of the Supreme Court of the state shall preside over the senate during the impeachment trial, but he shall not have the right to vote. Formerly: Acts 1897, c.182, s.16.

Sec. 17. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred hereby. Formerly: Acts 1897, c.182, s.17.

Sec. 18. In case impeachment proceedings be pending in the senate at the time of the expiration of any session of the general assembly, the senate shall be continued in session for the sole and only purpose of sitting as a court of impeachment until such impeachment proceedings b…

Sec. 19. (a) Under Article 7, Section 13 of the Constitution of the State of Indiana, whenever a circuit, superior, or probate court judge or prosecuting attorney has been convicted of corruption or any other high crime, the attorney general shall bring proceedings in the supreme…

Sec. 2. All impeachments must be by resolution, adopted, originated in and conducted by managers elected by the house of representatives, who must prepare articles of impeachment, present them at the bar of the senate and prosecute the same, and the trial must be had before the s…

Sec. 21. An accusation in writing against any district officer, county officer, township officer, municipal officer, or prosecuting attorney may be presented by the grand jury of the county in which the officer accused is elected or appointed. Formerly: Acts 1897, c.182, s.21. As…

Sec. 22. The accusation must state the offense charged in ordinary and concise language, and without repetition. Formerly: Acts 1897, c.182, s.22.

Sec. 23. The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county, except when the prosecuting attorney of the county is the officer accused, who must cause a copy thereof to be served upon the defendant, and require, by notice i…

Sec. 24. The defendant must appear at the time appointed in the notice and answer the accusation, unless, for some sufficient cause, the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. Fo…

Sec. 25. The defendant may answer the accusation either by objecting to the sufficiency of the accusation or of any article of the accusation or by denying the truth of the same. Formerly: Acts 1897, c.182, s.25. As amended by P.L.136-2018, SEC.31.

Sec. 26. If the defendant objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. Formerly: Acts 1897, c.182, s.26.

Sec. 27. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes. Formerly: Acts 1897, c.182, s.27.

Sec. 28. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith. Formerly: Acts 1897, c.182, s.28.

Sec. 29. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of conviction against him. If he denies the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation. Formerly: Acts 1…

Sec. 3. When an officer is impeached by the house of representatives for crime, incapacity, or negligence in office, the articles of impeachment must be delivered to the president of the senate, saving and excepting only that in case the officer impeached be the governor, lieuten…

Sec. 30. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for crime, incapacity, or negligence. Formerly: Acts 1897, c.182, s.30. As amended by P.L.240-2025, SEC.37.

Sec. 31. The prosecuting attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses, as upon a trial of an indictment. Formerly: Acts 1897, c.182, s.31.

Sec. 34. The same proceedings may be had on like grounds for the removal of a prosecuting attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by the clerk to the judge of the circuit court or superior court of the county, who …

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 an…

Sec. 38. (a) The following definitions apply throughout this section: (1) "Felony" has the meaning set forth in IC 3-8-1-5. (2) "Public officer" means either of the following: (A) An individual who holds an elected office (as defined in IC 3-5-2.1-34), other than a federal office…

Sec. 4. The senate must assign a day for the hearing of the impeachment, and inform the managers elected by the house of representatives thereof. The secretary of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time …

Sec. 5. The service must be made upon the defendant personally, or if he can not, upon diligent inquiry, be found within the state, the senate, upon proof of the fact, may order publication to be made, in such manner as it may deem proper, of a notice requiring him to appear at a…

Sec. 6. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the two (2) sections last preceding, may, of its own motion, or for cause shown, assign another day for hearing the impeachment, or may proceed, in the absence of the defend…

Sec. 7. When the defendant appears, he may in writing object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal and put in issue every material allegation of the articles of impea…

Sec. 8. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, the senate must …

Sec. 9. At the time and place appointed, and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath, truly and impartially to he…

Sec. 1. (a) There is established a state board of accounts. The state board of accounts is designated as the independent external auditor of audited entities and is subject to applicable professional auditing standards. (b) The board is accountable to the legislative council and …

Sec. 10. (a) A public officer or responsible officer of an audited entity who: (1) fails to make, verify, and file with the state examiner any report required by this chapter; (2) fails to follow the directions of the state examiner in keeping the accounts of the officer's office…