WARSAW — The Kosciusko County Election board has made the decision to use “candidate deceased” in place of Charles Smith’s name on the Warsaw city election ballot for the Nov. 3 election. The Republican party will not be filling the ballot vacancy before the election deadline.

Smith, who died in a plane crash on Oct. 2, was running unopposed for the 2nd District seat on the Warsaw Common Council. His successor will be filled by the Republican Party. That person will serve the remainder of the term, until Dec. 31, 2015, and hold over in office for the next four years according to the state’s constitution. The method of filling the vacancy has not been announced by the Republican Party.

According to Ann Torpy, clerk of the circuit court, election machines are being reprogrammed and absentee ballots being reprinted. Absentee voting begins Monday, Oct. 19.

Torpy has been in contact with Dale R. Simmons, co-general counsel, Indiana Election Division, on procedures regarding the ballot.

In correspondence with Simmons, Torpy was told since Smith’s death occurred on Oct. 2, it would be considered an “early ballot vacancy” according to state statute. This vacancy may be filled by the party either by caucus or the county chairman, if authorized to do so by the county committee.

Other procedures include the death must be certified to the circuit court clerk and the clerk must sent notice of the death to the county chairman. Simmons states the county chairman must send notice to the precinct committeeman of a caucus. The caucus for a ballot vacancy and office vacancy can be held at the same time.

Simmons also noted if the chairman filled the ballot vacancy then the clerk would be required to reprint ballots with the new candidate if the vacancy is filled before Oct. 29. Simmons provided instructions on what to do if absentee ballots had already been filed and how votes would be tabulated for those voting straight party ticket or not requesting a replacement ballot.

“If the party does not fill the ballot vacancy then you would be required to reprint ballots to remove the ballot after noon, Oct. 29,” said Simmons. “That would result in no candidates running for this city council seat.

“In addition, 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, 2015, would hold over in office per Article 15, Section 3 of the Indiana Constitution.”

Simmons also provided instructions of what must be printed on the new ballots. He further stated, according to statute, any vote cast on the ballot that states “no candidate” or “candidate deceased” is considered a vote cast for the successor candidate.