Clerk of Courts Gives Insight into Smith's Vacancy
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David Slone-dslone@timesuniononline.com
As his current term doesn’t expire until Dec. 31 and he’s unopposed in the November general election, the Kosciusko County Republican Party will have to replace Charlie Smith on the Warsaw City Council. Monday, Kosciusko Clerk of the Circuit Court Ann Torpy provided some guidance on the process for filling that vacancy that she received from Dale R. Simmons, co-general counsel, Indiana Election Division. Torpy also is working with the Kosciusko County Election Board on some of the details. The information from Simmons states, “Since the death occurred on Friday this would still be considered an ‘early ballot vacancy’ under IC 3-13-1-7(b). The ballot vacancy may be filled by the party either by caucus or by the county chairman. The county chairman may fill the ballot vacancy if authorized to do so by the entire county committee.” Randall Girod is the Kosciusko County Republican Party chairman. Before an office vacancy for city council due to death may be filled, the death must be certified to the circuit court clerk and the clerk must send the county chairman notice of the death. For an office vacancy, the county chairman must send notice of the caucus to precinct committeemen. The chairman may send a letter. The chairman may hold the caucus for the ballot vacancy and the office vacancy at the same time. The chairman would certify the person selected at the caucus to fill an office vacancy. If the chairman fills the ballot vacancy then the county clerk will be required to reprint ballots with the new candidate if the ballot vacancy is filled no later than noon Oct. 29, according to Simmons. If the ballot vacancy is filled after that date and time, the board may, but is not required, to reprint ballots. If ballots are reprinted, then persons who have already voted by absentee ballot may request a replacement ballot by submitting a completed ABS-5 form. With respect to absentee ballots that are cast with Smith’s name on it, and not recast using the ABS-5 procedure, ballots with an individual vote for Smith will not count for the successor candidate, however, straight party Republican votes on those ballots will count for the replacement candidate, Simmons said. If the party does not fill the ballot vacancy, then the clerk’s office would be required to reprint ballots to remove the race for that seat after noon Oct. 29. That would result in no candidate running for this city council seat. If the ballot vacancy is not filled, and since this is a city council district seat, then the person who is selected to fill the office vacancy for the remainder of the term ending Dec. 31 would hold over in office per Article 15, Section 3 of the Indiana Constitution, according to Simmons. Charles “Charlie” D. Smith, 71; his son Scott Smith, 44; retired Sprint Car driver Tony L. Elliott, 54; and former Tippecanoe Valley High School guidance counselor, teacher and coach Scott Bibler, 51, were killed Friday when Charlie Smith’s 1984 Piper Saratoga PA-32 crashed near Lake Hartwell on the Georgia-South Carolina border. Charlie was flying the group so they could attend the University of Notre Dame football game at Clemson Saturday. The Federal Aviation Administration is investigating the cause of the crash.
