INDIANAPOLIS — On March 20, Indiana State Sen. Jean Breaux died after representing northeastern portions of Marion County (District 34) for 18 years.
Tribute for Breaux poured in from Republicans and Democrats after her death. But beyond the grief of family, friends and colleagues, her passing has caused a rare problem: who will represent her district now – and after the election?
The deadline for a candidate to be replaced on the ballot was March 18, the day Breaux announced she would be stepping away from the statehouse to “focus on enjoying the time I have left surrounded by my loved ones.” Breaux died two days later.
Early ballots started going out March 23, so there was no time to remove Breaux from them and replace her.
“Thankfully, this is one area of state law that is actually pretty clear,” said Dan Goldblatt, director of policy and communication for the Marion County Clerk’s Office.
Breaux’s death triggered a little-known portion of Indiana law: Code 3-11-3-29.3. It basically says that because her name is already on the ballot, and she was running unopposed, there will be a “candidate vacancy” in the district.
The Democratic Party has until July 3 to nominate a replacement candidate to appear on the November ballot.
As for who will represent the district for the remainder of Breaux’s term, that should be decided much more quickly. A different section of the Indiana Code says her replacement must be elected by a caucus within 30 days of the Secretary of State providing a notice of her death.