CHAPTER 6. MUNICIPAL AND SCHOOL DISTRICT ELECTIONS IN CITIES, LARGE TOWNS, AND SMALL TOWNS IN MARION COUNTY
IC 3-10-6
Chapter 6. Municipal and School District Elections in Cities,Large Towns, and Small Towns in Marion County
IC 3-10-6-1
Application of chapter
Sec. 1. (a) This chapter applies to municipal and school districtelections in the following municipalities:
(1) All cities.
(2) Towns having a population of three thousand five hundred(3,500) or more.
(3) Towns located entirely or partially within a county havinga consolidated city, regardless of their population.
(b) Prison inmates may not be counted in determining populationsize for purposes of this chapter.
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.12;P.L.11-1988, SEC.3; P.L.3-1993, SEC.100; P.L.15-1995, SEC.2.
IC 3-10-6-2
Date of municipal primary; political parties entitled to nominatecandidates
Sec. 2. (a) Except as otherwise provided in this chapter, amunicipal primary election shall be held on the first Tuesday afterthe first Monday in May 2007 and every four (4) years thereafter.
(b) Each political party whose nominee received at least tenpercent (10%) of the votes cast in the state for secretary of state atthe last election shall nominate all candidates to be voted for at themunicipal election to be held in November.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.46;P.L.122-2000, SEC.10; P.L.230-2005, SEC.42.
IC 3-10-6-2.5
Town ordinance providing length of term for members oflegislative body
Sec. 2.5. (a) This section does not apply to a town located whollyor partially within a county having a consolidated city unless thetown has a population of more than one thousand (1,000) but lessthan one thousand five hundred (1,500).
(b) This section applies to a town that has not adopted anordinance:
(1) under IC 18-3-1-16(b) (before its repeal on September 1,1981); or
(2) in 1982 under P.L.13-1982, SECTION 3 (before itsexpiration on January 1, 1988).
(c) Notwithstanding IC 3-10-6-6, a town may adopt an ordinanceduring the year preceding a municipal election conducted undersection 2 of this chapter prescribing the length of the term of officefor town legislative body members elected in the municipal election.
(d) The ordinance must provide that:
(1) no more than fifty percent (50%) of the members will be
elected for terms of three (3) years beginning at noon January1 following the municipal election under section 2 of thischapter; and
(2) the remainder of the members will be elected for terms offour (4) years beginning at noon January 1 following theelection.
As added by P.L.11-1988, SEC.4. Amended by P.L.3-1990, SEC.7;P.L.3-1997, SEC.231; P.L.170-2002, SEC.6.
IC 3-10-6-2.6
Election of town officers in year of no general election for shortterm; ordinance
Sec. 2.6. (a) This section does not apply to a town located whollyor partially within a county having a consolidated city.
(b) This section applies to a town that has adopted an ordinance:
(1) under IC 18-3-1-16(b) (before its repeal on September 1,1981); or
(2) in 1982 under P.L.13-1982, SECTION 3 (before itsexpiration on January 1, 1988).
(c) A town may adopt an ordinance during a year in which anelection of town legislative body members, a town clerk-treasurer, ora town judge will not occur under section 3 of this chapter.
(d) The ordinance described in subsection (c) must provide that:
(1) the town legislative body members, clerk-treasurer, or judgeelected at the next municipal election not conducted in a generalelection year serve terms of one (1) year; and
(2) the successors of the town legislative body members,clerk-treasurer, or judge described in subdivision (1) shall bechosen at the first general election following the municipalelection and serve terms of four (4) years.
As added by P.L.11-1988, SEC.5. Amended by P.L.3-1990, SEC.8.
IC 3-10-6-3
Other times for holding primary elections
Sec. 3. (a) Notwithstanding section 2 of this chapter, in a townthat adopted an ordinance under IC 18-3-1-16(b) (before its repeal onSeptember 1, 1981), P.L.13-1982, SECTION 3 (before its expirationon January 1, 1988), or section 2.5 of this chapter each political partyshall, at the primary election in:
(1) May 2006 and every four (4) years thereafter; and
(2) May 2007 and every four (4) years thereafter;
nominate candidates for the election to be held under section 6(a) ofthis chapter, unless a primary election is not required under section4 of this chapter. The primary election shall be conducted under thischapter.
(b) Notwithstanding section 2 of this chapter, in a town thatadopted an ordinance under section 2.6 of this chapter each politicalparty shall, at the primary election in:
(1) May 2006 and every four (4) years thereafter; and
(2) May 2008 and every four (4) years thereafter;nominate candidates for the election to be held under section 6(b) ofthis chapter, unless a primary election is not required under section4 of this chapter. The primary election shall be conducted under thischapter.
(c) Notwithstanding section 2 of this chapter, in a town thatadopted an ordinance under section 2.6 of this chapter each politicalparty shall, at the primary election in May 2008 and every four (4)years thereafter, nominate candidates for the election to be heldunder section 6(c) of this chapter, unless a primary election is notrequired under section 4 of this chapter. The primary election shallbe held under this chapter.
As added by P.L.5-1986, SEC.6. Amended by P.L.11-1988, SEC.6;P.L.3-1990, SEC.9; P.L.122-2000, SEC.11; P.L.230-2005, SEC.43.
IC 3-10-6-4
Noncontested primary races; unopposed candidates
Sec. 4. (a) Except as otherwise provided in this section, allcandidates for nomination to an office of the municipality by a majorpolitical party must be placed on a primary election ballot for thecandidate's party.
(b) If no candidate has filed for the nomination of a party to anyoffice of the municipality, the party may not hold a primary electionin the municipality.
(c) Whenever there is no contest in a political party for thenomination of a candidate or candidates for an office, but at least one(1) candidate has filed for the nomination by that political party, theparty may hold a primary election for that nomination.
(d) If a party wants to conduct a primary under subsection (c), thecounty chairman of the party must file a notice with the countyelection board not later than noon seven (7) days after the final datefor filing a declaration of candidacy, stating that the party will holda primary.
(e) The county election board of the county in which the greatestpercentage of the population of the municipality is located shallcertify the names of the candidates for each nomination for whichthere is no contest as though a primary election had been held.
(f) If:
(1) there is a contest in an election district comprising all or partof a municipality in any party for a nomination for an office; or
(2) a party has decided to hold a primary election for an officeunder subsection (c);
the name of each candidate of the political party within the electiondistrict shall be placed on the primary election ballot for the electiondistrict, whether or not the candidate is opposed.
(g) This subsection applies when:
(1) there is a contest for nomination by a major political partyfor at least one (1) of the municipality's legislative bodymembers;
(2) only the voters who reside in a legislative body district areeligible to vote in the primary election for the political party's
nomination of the legislative body member; and
(3) there is no contest for nomination to an office to be voted onby all voters of the political party of the municipality.
The county election board may, by unanimous vote of the entiremembership of the board, adopt a resolution providing that a primaryelection for the party will be held only in the legislative bodyelection districts in which voters will nominate candidates undersubdivision (2). The names of unopposed candidates for the party'snomination for an office to be voted on by all voters of themunicipality may not be placed on the ballot used within the electiondistricts for the nomination of candidates under this subsection.
(h) If:
(1) there is no contest in an election district in any party for anomination for an office; and
(2) no party has decided to hold a primary election for anyoffice under subsection (c);
a primary election may not be held for any municipal office in theelection district.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.86;P.L.7-1991, SEC.3; P.L.3-1993, SEC.101; P.L.176-1999, SEC.61and P.L.202-1999, SEC.15.
IC 3-10-6-4.5
Primary elections
Sec. 4.5. (a) Notwithstanding section 2 of this chapter, this sectionapplies to a town with a legislative body that adopts an ordinanceunder IC 36-5-2-4.5.
(b) Unless a primary election is not required under section 4 ofthis chapter, a primary election shall be held in a town under thissection at both of the following times:
(1) During a year that municipal elections are held undersection 5 of this chapter.
(2) At the time of the primary election held in the year stated inan ordinance adopted under IC 36-5-2-4.5(c)(2).
(c) At a primary election held under subsection (b), a politicalparty with a nominee who receives at least ten percent (10%) of thevotes cast in the state for secretary of state at the most recent electionfor secretary of state shall nominate candidates for the followingtown offices:
(1) At the time of the primary held in the town under subsection(b)(1), the following candidates:
(A) Four (4) candidates for the town legislative body, three(3) of whom are elected from districts and one (1) who iselected at large. If the town legislative body adopts anordinance under IC 36-5-2-4.5(e), all candidates are electedfrom districts.
(B) Candidates for all other town offices other than the townlegislative body.
(2) At the time of the primary election held under subsection(b)(2), three (3) candidates for the town legislative body, two
(2) of whom are elected from districts and one (1) who iselected at large. If the town legislative body adopts anordinance under IC 36-5-2-4.5(e), all candidates are electedfrom districts.
The primary election is conducted under this chapter.
(d) Notwithstanding section 5 of this chapter, an election to filltown offices under this section is held as follows:
(1) During a year municipal elections are held under section 5of this chapter, the following town offices are elected:
(A) Four (4) members of the town legislative body, three (3)of whom are elected from districts and one (1) who iselected at large. If the town legislative body adopts anordinance under IC 36-5-2-4.5(e), all members are electedfrom districts.
(B) All other town offices other than the town legislativebody.
(2) During a year in which candidates for the town legislativebody are nominated under subsection (c)(2), three (3) membersof the town legislative body, two (2) of whom are elected fromdistricts and one (1) who is elected at large. If the townlegislative body adopts an ordinance under IC 36-5-2-4.5(e), allmembers are elected from districts.
The election shall be conducted under this chapter.
As added by P.L.38-1999, SEC.33.
IC 3-10-6-5
Date of municipal election
Sec. 5. Except as otherwise provided in this chapter, a municipalelection shall be held on the first Tuesday after the first Monday inNovember 2007 and every four (4) years thereafter. At the election,public officials shall be elected to each municipal office.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.47;P.L.122-2000, SEC.12; P.L.14-2004, SEC.81.
IC 3-10-6-6
Other times for electing town officers
Sec. 6. (a) Notwithstanding section 5 of this chapter, a town thatadopted an ordinance under IC 18-3-1-16(b) (before its repeal onSeptember 1, 1981), P.L.13-1982, SECTION 3 (before its expirationon January 1, 1988), or section 2.5 of this chapter shall:
(1) at the general election in November 2006 and every four (4)years thereafter; and
(2) at the municipal election in November 2007 and every four(4) years thereafter;
elect town council members for terms of four (4) years to thoseoffices whose terms expire at noon January 1 following the election,as provided in IC 36-5-2-3. The election shall be conducted underthis chapter.
(b) Notwithstanding section 5 of this chapter, a town that adoptedan ordinance under section 2.6 of this chapter shall: (1) at the general election in November 2006 and every four (4)years thereafter; and
(2) at the general election in November 2008 and every four (4)years thereafter;
elect town council members for terms of four (4) years to thoseoffices whose terms expire at noon January 1 of the following year.The election shall be conducted under this chapter.
(c) Notwithstanding section 5 of this chapter, a town that adoptedan ordinance under section 2.6 of this chapter shall, at the generalelection in November 2008 and every four (4) years thereafter, electa town clerk-treasurer and town court judge (if a town court has beenestablished under IC 33-35-1-1) to those offices whose terms expireat noon January 1 of the following year. The election shall beconducted under this chapter.
As added by P.L.5-1986, SEC.6. Amended by P.L.5-1988, SEC.3;P.L.11-1988, SEC.7; P.L.8-1989, SEC.6; P.L.3-1990, SEC.10;P.L.4-1991, SEC.55; P.L.122-2000, SEC.13; P.L.98-2004, SEC.35;P.L.230-2005, SEC.44.
IC 3-10-6-7
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-10-6-7.5
Restrictions on municipal office elections; nominees on ballot;exception by resolution
Sec. 7.5. (a) Subject to subsection (b), an election may not be heldfor a municipal office if:
(1) there is only one (1) nominee for the office or only one (1)person has filed a declaration of intent to be a write-incandidate for the office under IC 3-8-2-2.5; and
(2) no person has filed a declaration of intent to be a write-incandidate for the office under IC 3-8-2-2.5 that results in acontest for election to the same municipal office.
(b) Except as provided in subsection (c), if there is an election forany office of the municipality, all nominees for each office must beon the ballot.
(c) If:
(1) there is an election for at least one (1) of a municipality'slegislative body members;
(2) only the voters who reside in a legislative body district areeligible to vote in the election for a legislative body member;and
(3) there is no election for an office to be voted on by all votersof the municipality;
the county election board may, by unanimous vote of the entiremembership of the board, adopt a resolution providing that anelection will be held only in the legislative body districts within themunicipality in which voters will elect legislative body membersunder subdivision (2). The names of unopposed candidates for an
office to be voted on by all voters of the municipality shall not beplaced on the ballot used for the election of municipal legislativebody members under this subsection.
As added by P.L.8-1992, SEC.12. Amended by P.L.3-1995, SEC.87;P.L.4-1996, SEC.48; P.L.14-2004, SEC.82.
IC 3-10-6-7.6
Elections for municipal offices; prohibition
Sec. 7.6. An election may not be held for a municipal office if:
(1) an election is not required under section 7.5 of this chapter;and
(2) the approval or rejection of a public question is the onlyother vote that may be cast on the ballot at the municipalelection.
As added by P.L.3-1997, SEC.232.
IC 3-10-6-8
Rights, duties, and required assistance
Sec. 8. Except as otherwise provided in this chapter, the countyelection board, county executive, circuit court clerk, voters, andmembers of political parties in each county in which a municipalprimary election or municipal election will be held have the rightsand shall perform the duties and furnish the assistance that they arerequired to do for a primary and general election under IC 3-10-1 andIC 3-11-8.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1992, SEC.20;P.L.14-2004, SEC.83.
IC 3-10-6-9
Municipality in different counties; duties of county officers
Sec. 9. In accordance with IC 3-11-1.5 and to the extent applicableand feasible, the circuit court clerk, the county fiscal body, thecounty executive, and the county election board of each county inwhich there are voters who may vote in a municipal election, butwho live in a county adjacent to the county in which the greatestpercentage of the population of the municipality resides, shall:
(1) upon written request of their counterpart election officers inthe county with the greatest percentage of the population of themunicipality, establish precincts for municipal electionpurposes; and
(2) supply the precincts established with poll lists and performall other duties under this title as if the voters were inhabitantsof a municipality with the greatest percentage of its populationwithin that county.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.87;P.L.13-1988, SEC.7.
IC 3-10-6-10
Orders and rules; contracts regarding services and supplies
Sec. 10. The commission shall, if necessary, implement section 9
of this chapter by orders and rules. Local governments may useIC 36-1-7 for contractual agreements concerning the costs ofservices, supplies, and equipment required.
As added by P.L.5-1986, SEC.6. Amended by P.L.2-1996, SEC.121.
IC 3-10-6-11
Municipal precincts; use of adjoining precinct polls
Sec. 11. If a precinct is wholly or partly in a municipality, theexecutive of the county that contains the greatest percentage of thepopulation of the municipality may designate the polls for theprecinct to be at the polls for an adjoining precinct, using the precinctelection board of the adjoining precinct.
As added by P.L.3-1987, SEC.184. Amended by P.L.10-1988,SEC.88.
IC 3-10-6-12
Nomination for town office
Sec. 12. (a) This section applies to a political party:
(1) not qualified to conduct a primary election under IC 3-10;and
(2) not required to nominate candidates by a petition ofnomination under IC 3-8-6.
(b) The political party may conduct a convention to nominatecandidates for city or town office not later than noon on the datespecified by IC 3-13-1-7(a)(1) for a major political party to act to filla candidate vacancy.
(c) The chairman and secretary of the convention shall executeand acknowledge a certificate setting forth the nominees of theconvention in accordance with IC 3-8-5-13. The certificate must befiled with the circuit court clerk of the county containing the greatestpercentage of population of the municipality not later than noon onthe date specified by IC 3-13-1-15(c) for a major political party tofile a certificate of candidate selection.
(d) 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. The consent must be filed with thecertificate under subsection (c).
(e) 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 as required byIC 3-5-7-6(e). The voter registration officer of the appropriate countyshall change the name on the candidate's voter registration record tobe the same as the name on the candidate's consent to thenomination.
(f) A question concerning the validity of a candidate's nomination
under 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).
(g) A nominee who wants to withdraw must file a notice ofwithdrawal in accordance with IC 3-8-7-28.
As added by P.L.3-1995, SEC.88. Amended by P.L.144-1999, SEC.6;P.L.202-1999, SEC.16; P.L.9-2004, SEC.15.
IC 3-10-6-12.5
Notice to withdraw
Sec. 12.5. (a) This section applies to a candidate:
(1) of a political party that is not a major political party; and
(2) nominated by a convention under section 12 of this chapter.
(b) A county election board may not include the name of acandidate on the municipal election ballot if the person files a noticeto withdraw with the board. The notice must:
(1) be signed and acknowledged before an officer authorized totake acknowledgments of deeds;
(2) have the certificate of acknowledgment appended to thenotice; and
(3) be filed with the board not later than noon three (3) daysafter the adjournment of the convention.
As added by P.L.176-1999, SEC.62 and P.L.202-1999, SEC.17.