CHAPTER 2. GENERAL ELECTIONS
IC 3-10-2
Chapter 2. General Elections
IC 3-10-2-1
Date of general election; offices to be filled
Sec. 1. A general election shall be held on the first Tuesday afterthe first Monday in November in each even-numbered year. Alloffices whose terms will expire before the next general election shallbe filled at the election, unless otherwise provided by law.
As added by P.L.5-1986, SEC.6.
IC 3-10-2-2
Notice of election; publication of office to be filled or questionssubmitted; filing
Sec. 2. (a) Each county election board shall give notice of ageneral election and publish a statement in accordance with IC 5-3-1showing what offices are to be filled and setting forth the text of thejudicial retention and other public questions to be submitted to thevoters and by filing a copy of this information:
(1) with the election division; and
(2) in the minutes of the county election board.
(b) The county election board shall file the copies required undersubsection (a) not later than noon, ten (10) days before election day.However, an election is not invalidated by the failure of the board toperform this duty.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.82;P.L.3-1993, SEC.95; P.L.3-1997, SEC.219.
IC 3-10-2-3
Presidential and Vice Presidential Electors; time for electing
Sec. 3. Electors for President and Vice-President of the UnitedStates shall be elected in 2008 and every four (4) years thereafter ata general election held in accordance with 3 U.S.C. 1.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.39;P.L.3-1997, SEC.220; P.L.230-2005, SEC.36.
IC 3-10-2-4
United States Senators; time for electing
Sec. 4. United States Senators shall be elected at a generalelection held in accordance with 2 U.S.C. 1 and as follows:
(1) One (1) in 2006 and every six (6) years thereafter.
(2) One (1) in 2010 and every six (6) years thereafter.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.40;P.L.122-2000, SEC.7; P.L.230-2005, SEC.37.
IC 3-10-2-5
United States Representatives; time for electing
Sec. 5. United States Representatives shall be elected at eachgeneral election in accordance with 2 U.S.C. 7.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.41.
IC 3-10-2-6
Year for election of governor, lieutenant governor, attorneygeneral, and superintendent of public instruction
Sec. 6. The following public officials shall be elected in 2008 andevery four (4) years thereafter:
(1) Governor.
(2) Lieutenant governor.
(3) Attorney general.
(4) Superintendent of public instruction.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.42;P.L.3-1997, SEC.221; P.L.230-2005, SEC.38.
IC 3-10-2-7
Year for election of secretary of state, auditor of state, andtreasurer of state
Sec. 7. The following public officials shall be elected in 2006 andevery four (4) years thereafter:
(1) Secretary of state.
(2) Auditor of state.
(3) Treasurer of state.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.43;P.L.122-2000, SEC.8; P.L.14-2004, SEC.79; P.L.230-2005, SEC.39.
IC 3-10-2-8
Supreme court justices and appellate court judges; time forelecting
Sec. 8. Justices of the supreme court and judges of the court ofappeals shall stand for approval or rejection by their respectiveelectorates:
(1) at the first general election that occurs at least two (2) yearsafter their appointments; and
(2) at the general election every ten (10) years thereafter;
in accordance with Article 7, Section 11 of the Constitution of theState of Indiana.
As added by P.L.5-1986, SEC.6.
IC 3-10-2-9
State senators; time for electing
Sec. 9. One-half (1/2) of the senators in the general assembly, asnearly as possible, shall be elected at each general election and everyfour (4) years thereafter in accordance with Article 4, Section 3 ofthe Constitution of the State of Indiana.
As added by P.L.5-1986, SEC.6.
IC 3-10-2-10
State representatives; time for electing
Sec. 10. Representatives in the general assembly shall be electedin each district at each general election in accordance with Article 4,Section 3 of the Constitution of the State of Indiana.
As added by P.L.5-1986, SEC.6.
IC 3-10-2-11
Judges; time for electing
Sec. 11. (a) A judge of the circuit court shall be elected at:
(1) the first general election following an appointment by thegovernor to fill a vacancy in the office of judge of the circuitcourt; or
(2) the general election before the term of the judge expiresunder Article 7, Section 7 of the Constitution of the State ofIndiana;
whichever occurs first, and every six (6) years thereafter.
(b) Except as otherwise provided by law, judges of the superior,probate, and county courts shall be elected at the general electionbefore their terms of office expire and every six (6) years thereafter.
As added by P.L.5-1986, SEC.6. Amended by P.L.334-1989(ss),SEC.1; P.L.5-1989, SEC.40.
IC 3-10-2-12
Year for election of prosecuting attorneys
Sec. 12. A prosecuting attorney shall be elected in each judicialcircuit in 2006 and every four (4) years thereafter in accordance withArticle 7, Section 16 of the Constitution of the State of Indiana.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.44;P.L.122-2000, SEC.9; P.L.230-2005, SEC.40.
IC 3-10-2-13
Local officials; time for electing
Sec. 13. The following public officials shall be elected at thegeneral election before their terms of office expire and every four (4)years thereafter:
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner.
(10) County council member.
(11) Township trustee.
(12) Township board member.
(13) Township assessor (only in a township referred to inIC 36-6-5-1(d)).
(14) Judge of a small claims court.
(15) Constable of a small claims court.
As added by P.L.5-1986, SEC.6. Amended by P.L.8-1987, SEC.2;P.L.146-2008, SEC.5.
IC 3-10-2-14
Repealed (Repealed by P.L.146-2008, SEC.818.)
IC 3-10-2-15
Nomination by convention; deadline for holding; certification ofnominees; consent of nominees
Sec. 15. (a) This section applies to a political party whosenominee received at least two percent (2%) but less than ten percent(10%) of the votes cast for secretary of state at the last election forthat office.
(b) This section applies only to a local office that is:
(1) not listed in IC 3-8-2-5; and
(2) not a municipal office subject to IC 3-8-5-17 orIC 3-10-6-12.
(c) A political party subject to this section shall nominate theparty's candidate for a local office at a county convention of the partyconducted not later than noon on the date specified byIC 3-13-1-7(a)(1) for a major political party to act to fill a candidatevacancy.
(d) The chairman and secretary of the convention shall execute acertificate of nomination in writing, setting out the following:
(1) The name of each nominee as:
(A) the nominee wants the nominee's name to appear on theballot; and
(B) the nominee's name is permitted to appear on the ballotunder IC 3-5-7.
(2) The residence address of each nominee.
(3) The office for which each nominee was nominated.
(4) That each nominee is legally qualified to hold office.
(5) The political party device or emblem by which the ticketwill be designated on the ballot.
Both the chairman and secretary shall acknowledge the certificatebefore an officer authorized to take acknowledgment of deeds.
(e) Each candidate nominated under this section shall execute aconsent to the nomination in the same form as a candidate nominatedby petition under IC 3-8-6.
(f) The certificate required by subsection (d) and the consentrequired by subsection (e) must be filed with the circuit court clerkof the county containing the greatest percentage of population of theelection district for which the candidate has been nominated by theconvention not later than noon on the date specified byIC 3-13-1-15(c) for a major political party to file a certificate ofcandidate selection.
(g) A candidate's consent to the nomination must include astatement that the candidate requests the name on the candidate'svoter registration record be the same as the name the candidate useson the consent to the nomination. If there is a difference between thename on the candidate's consent to the nomination and the name onthe candidate's voter registration record, the officer with whom theconsent to the nomination is filed shall forward the information tothe voter registration officer of the appropriate county. The voter
registration officer of the appropriate county shall change the nameon the candidate's voter registration record to be the same as thename on the candidate's consent to the nomination.
(h) A question concerning the validity of a candidate's nominationunder this section shall be determined by a county election board inaccordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c).
(i) A nominee who wants to withdraw must file a notice ofwithdrawal in accordance with IC 3-8-7-28.
As added by P.L.4-1996, SEC.45. Amended by P.L.202-1999,SEC.14; P.L.66-2003, SEC.31; P.L.9-2004, SEC.14.