IC 3-10-7
    Chapter 7. Municipal Elections in Small Towns Located OutsideMarion County

IC 3-10-7-1
Application of chapter
    Sec. 1. (a) This chapter applies to municipal elections in townshaving a population of less than three thousand five hundred (3,500)that are not located entirely or partially within a county having aconsolidated city.
    (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.13;P.L.11-1988, SEC.8; P.L.15-1995, SEC.3.

IC 3-10-7-1.5
"Appointed member" defined
    Sec. 1.5. As used in this chapter, "appointed member" refers to themember of a town election board who is also the town chairman ofa major political party appointed under IC 3-8-5-3.
As added by P.L.4-1996, SEC.49.

IC 3-10-7-2
Municipal elections in general election year; conduct by countyelection board; other municipal elections conducted by townelection board
    Sec. 2. (a) The county election board shall conduct elections intowns for town offices or on public questions submitted to the votersof the town if the town office or public question will be placed on theballot during a general election year.
    (b) This subsection applies in a year in which a general electionis not scheduled to be conducted. Except as provided in sections 4,5, and 5.5 of this chapter, the town election board established underthis chapter shall conduct municipal or special elections in townssubject to this chapter.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.102;P.L.164-2006, SEC.75.

IC 3-10-7-2.5
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) A town may adopt an ordinance under IC 3-10-6-2.5, if thetown has not adopted an ordinance under IC 18-3-1-16(b) (before itsrepeal on September 1, 1981) or P.L.13-1982, SECTION 3 (beforeits expiration on January 1, 1988).As added by P.L.11-1988, SEC.9. Amended by P.L.3-1990, SEC.11;P.L.4-1996, SEC.50; P.L.3-1997, SEC.233; P.L.170-2002, SEC.7.

IC 3-10-7-2.7
Town ordinance for municipal officers and municipal elections
    Sec. 2.7. (a) This section does not apply to a town located whollyor partially within a county having a consolidated city.
    (b) A town may adopt an ordinance during the year preceding amunicipal election conducted under section 2 of this chapterprescribing the length of the term of office for municipal officers andchanging the time municipal elections are held.
    (c) The ordinance described in subsection (b) must provide all ofthe following:
        (1) The town legislative body members, clerk-treasurer, orjudge elected at the next municipal election not conducted in ageneral election year serve a term of three (3) years.
        (2) The successors of the town legislative body members,clerk-treasurer, or judge described in subdivision (1) shall bechosen at the second general election following the municipalelection and serve a term of four (4) years.
        (3) The municipal elections for town offices shall be heldduring a general election.
    (d) A town may repeal an ordinance adopted under subsection (b)subject to both of the following:
        (1) The ordinance may not be repealed earlier than twelve (12)years after the ordinance was adopted.
        (2) The ordinance may be repealed only in a year preceding amunicipal election held at the time described in IC 3-10-6-5.
As added by P.L.4-1996, SEC.51.

IC 3-10-7-2.9
Changing the year municipal election is held; ordinance; exception
    Sec. 2.9. (a) This section does not apply to a town located whollyor partially within a county having a consolidated city.
    (b) During the year preceding a municipal election conductedunder section 2 of this chapter, a town may adopt an ordinancechanging the time municipal elections are held for the offices of thetown legislative body members, clerk-treasurer, and judge.
    (c) The ordinance described in subsection (b) must provide all thefollowing:
        (1) The years in which town elections shall be held. A townelection may not be held in a year following a year in which anelection for electors for President of the United States is held.
        (2) That the elections for town offices shall be held duringgeneral elections or municipal elections, or both.
        (3) Which town officers are to be elected in each of the years ofthe town election cycle. The ordinance must provide that atleast two (2) town officers shall be elected in each year of thetown election cycle. The ordinance may provide for all townofficers to be elected at the same election.        (4) The term of office of each town officer elected in the firstelection cycle after adoption of the ordinance. A term of officeset under this subdivision may not exceed four (4) years.
        (5) That the term of office of each town officer elected after thefirst election cycle after adoption of the ordinance is four (4)years.
        (6) That the term of office of each town officer begins onJanuary 1 after the election.
    (d) A town may repeal an ordinance adopted under subsection (b)subject to both of the following:
        (1) The ordinance may not be repealed earlier than twelve (12)years after the ordinance was adopted.
        (2) The ordinance may be repealed only in a year preceding amunicipal election held at the time described in IC 3-10-6-5.
As added by P.L.9-2004, SEC.16.

IC 3-10-7-3
Municipal elections coinciding with general elections; conduct bycounty election board
    Sec. 3. If a town has established staggered terms for its towncouncil, or has adopted an ordinance under section 2.7 or 2.9 of thischapter, the county election board shall conduct a municipal electionin that town that coincides with a general election.
As added by P.L.5-1986, SEC.6. Amended by P.L.8-1989, SEC.7;P.L.4-1996, SEC.52; P.L.9-2004, SEC.17.

IC 3-10-7-4
Agreements between county election board and town
    Sec. 4. (a) A county election board and a town may enter into awritten agreement providing that the county election board willconduct a municipal primary or a municipal election, or both, in thetown.
    (b) A town that enters into an agreement described in subsection(a) shall continue to nominate candidates by convention conductedunder IC 3-8-5 or by petition filed under IC 3-8-6 unless the townnominates candidates in a primary election as provided in IC 3-8-5-2.
    (c) An agreement may not be entered into after September 21 ofa year in which a municipal election is to be held in the town.
    (d) A county election board that enters into an agreement underthis section shall conduct the municipal election in the same manneras it conducts a general election in a town that has a population ofthree thousand five hundred (3,500) or more.
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.14;P.L.66-2003, SEC.33; P.L.14-2004, SEC.84.

IC 3-10-7-5
Town in county having a consolidated city; conduct of election bycounty election board
    Sec. 5. The county election board shall conduct a municipalelection in a town that is located in a county having a consolidated

city. The county election board shall conduct the municipal electionin the same manner as it conducts a consolidated city election.However, a town that is subject to this section is not required toreimburse the county for any of the expenses of conducting amunicipal election.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-5.5
County election board conduct of town election unless townlegislative body establishes election board
    Sec. 5.5. (a) The county election board shall conduct a municipalelection in a town unless the town legislative body adopts aresolution during the period:
        (1) beginning January 1; and
        (2) ending August 8;
before the municipal election to establish a town election boardunder this chapter to conduct the municipal election.
    (b) The town clerk-treasurer must file a copy of the resolutionwith the circuit court clerk of the county having the greatestpercentage of the population of the town not later than noon August21 after the resolution is adopted.
    (c) A resolution adopted under this section expires December 31after its adoption.
As added by P.L.3-1993, SEC.103. Amended by P.L.14-2004,SEC.85.

IC 3-10-7-6
Time of election; restrictions; nominees on ballot; exception byresolution
    Sec. 6. (a) A municipal election conducted under this chapter shallbe held at the time prescribed by IC 3-10-6.
    (b) Subject to subsection (c), an election may not be held for amunicipal 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.
    (c) Except as provided in subsection (d), if there is an election forany office of the municipality, all nominees for each office must beon the ballot.
    (d) If:
        (1) there is an election for at least one (1) of the town'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 town;the county election board (or town election board if that board isconducting the election under this chapter) may, by unanimous voteof the entire membership of the board, adopt a resolution providingthat an election will be held only in the legislative body districtswithin the town in which voters will elect legislative body membersunder subdivision (2). The names of unopposed candidates for anoffice to be voted on by all voters of the town shall not be placed onthe ballot used for the election of town legislative body membersunder this subsection.
As added by P.L.5-1986, SEC.6. Amended by P.L.11-1987, SEC.4;P.L.4-1991, SEC.56; P.L.8-1992, SEC.13; P.L.3-1995, SEC.89;P.L.4-1996, SEC.53; P.L.14-2004, SEC.86.

IC 3-10-7-6.1
Elections for municipal offices; prohibition
    Sec. 6.1. An election may not be held for a municipal office if:
        (1) an election is not required under section 6 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.234.

IC 3-10-7-7
Town election boards; establishment; members
    Sec. 7. (a) A town election board consisting of three (3) membersis established in each town except a town that:
        (1) has entered into an agreement with the county electionboard under section 4 of this chapter;
        (2) is located in a county having a consolidated city; or
        (3) has a population of less than five hundred (500) and has notadopted and filed a resolution under section 5.5 of this chapter.
    (b) The town election board consists of the following three (3)members:
        (1) The town chairman of each of the major political partiesappointed under IC 3-8-5-3.
        (2) The town clerk-treasurer.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.104;P.L.4-1996, SEC.54.

IC 3-10-7-8
Repealed
    (Repealed by P.L.4-1996, SEC.107.)

IC 3-10-7-9
Repealed
    (Repealed by P.L.4-1996, SEC.107.)

IC 3-10-7-10
Repealed    (Repealed by P.L.4-1996, SEC.107.)

IC 3-10-7-11
Chairman; secretary
    Sec. 11. The members of a town election board shall select one(1) of the appointed members to serve as chairman. The townclerk-treasurer shall serve as secretary of the board.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-12
Meetings
    Sec. 12. A town election board shall hold meetings on call of thechairman whenever necessary to perform its duties. If the chairmanrefuses, fails, or is unable to call a meeting, the two (2) remainingmembers may meet to perform the duties of the board.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-13
Minutes of meetings; record of votes
    Sec. 13. Minutes of all town election board meetings and a recordof the aye and nay vote of each member on all questions comingbefore the board shall be kept.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-14
Repealed
    (Repealed by P.L.164-2006, SEC.143.)

IC 3-10-7-15
Deputy election commissioners; appointment and removal;residency; duties
    Sec. 15. (a) A town election board may appoint and at its pleasureremove deputy election commissioners. A deputy electioncommissioner appointed under this section must reside in the townof the election board that appointed the deputy commissioner. If adeputy election commissioner ceases to be a resident of the town ofthe election board that appointed the deputy election commissioner,the person may not continue to serve as a deputy electioncommissioner of the town.
    (b) The county chairman of each major political party whoappointed the chairman of that political party's town committee underIC 3-8-5-3 shall designate one-half (1/2) of the deputycommissioners. Deputy election commissioners may assist the townelection board in carrying out its duties in accordance with the rulesadopted by the board.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.92;P.L.5-1989, SEC.42; P.L.4-1996, SEC.55.

IC 3-10-7-16
Employees    Sec. 16. A town election board may appoint and at its pleasureremove clerks, custodians, and other employees that are necessary toexecute its powers. The board may prescribe the duties, fix the rank,and fix the salaries of its appointees.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-17
Purchase of materials, supplies, and equipment
    Sec. 17. All materials, supplies, and equipment that are to be paidfor out of the town treasury shall be purchased as provided by statuteand paid upon claims filed with the town clerk-treasurer. The townelection board must verify and approve the claims.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-18
Audit of books
    Sec. 18. The books of a town election board shall be audited asare those of other town officials.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-19
Assistance by town marshal
    Sec. 19. The town marshal, whenever called upon by a townelection board, shall assist the board in the enforcement of theelection laws and the discharge of its duties.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-20
Compensation of members
    Sec. 20. The town legislative body shall determine thecompensation of each appointed member of a town election board.The town legislative body shall fix the compensation in the samemanner as it fixes salaries.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-21
Powers and duties
    Sec. 21. Except as otherwise provided in this chapter, a townelection board conducting a municipal election under this chapter,the town executive, the town clerk-treasurer, voters, and members ofpolitical parties in each town in which a municipal election isconducted under this chapter have the same rights and powers, shallperform the same duties, and are subject to the same qualificationsand penalties as a county election board that is conducting a generalelection, or the county executive, circuit court clerk, or member of apolitical party in a town in which a general election is conducted bythe county election board.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.56;P.L.14-2004, SEC.87.
IC 3-10-7-22
Precinct election board; members; designation of polls
    Sec. 22. (a) A town election board shall appoint a precinctelection board for each precinct in the town.
    (b) If a precinct is wholly or partly in the town, the town electionboard may designate the polls for the precinct to be at the polls foran adjoining precinct, using the precinct election board of theadjoining precinct.
    (c) If a precinct election board administers more than one (1)precinct under subsection (b), the board shall keep the ballots cast ineach precinct separate from ballots cast in any other precinct, so thatthe votes cast for each candidate and on each public question in eachof the precincts administered by the board may be determined.
    (d) Each precinct election board consists of:
        (1) one (1) inspector; and
        (2) two (2) judges of opposite political parties.
    (e) The members of a precinct election board must be voters whoreside in the town.
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.15;P.L.3-1987, SEC.186; P.L.230-2005, SEC.45.

IC 3-10-7-23
Powers and duties of precinct election board
    Sec. 23. Except as otherwise provided in this chapter, a precinctelection board for a municipal election has the same powers andduties, and is subject to the same qualifications and penalties, as aprecinct election board appointed for a general election underIC 3-6-6-1.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-24
Poll clerks; assistant poll clerks
    Sec. 24. A town election board shall appoint two (2) poll clerks,and may appoint two (2) assistant poll clerks, of opposite politicalparties for each precinct in the town. Except as otherwise providedin this chapter, the poll clerks and assistant poll clerks have the samepowers and duties, and are subject to the same qualifications andpenalties, as poll clerks and assistant poll clerks appointed for ageneral election under IC 3-6-6-2 and IC 3-6-6-3.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-25
Election sheriffs; precinct judges functioning as sheriffs
    Sec. 25. (a) A town election board shall appoint two (2) electionsheriffs of opposite political parties for each precinct in the town.Except as otherwise provided in this chapter, the election sheriffshave the same powers and duties, and are subject to the samequalifications and penalties, as election sheriffs appointed for ageneral election under IC 3-6-6-5.    (b) A town election board may adopt a resolution providing thatthe judges of each precinct that:
        (1) is located wholly or partially in the town; and
        (2) will contain no more than two hundred fifty (250) registeredvoters on municipal election day;
shall perform the duties and have the rights of the election sheriffs ofthe precinct. This resolution remains in effect until repealed by thetown election board.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.105.

IC 3-10-7-26
Nomination of inspector
    Sec. 26. The appointed member of a town election board whorepresents the major political party whose nominee received thehighest number of votes in the county for secretary of state at the lastelection may nominate one (1) person to serve as inspector for eachprecinct in the town.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-27
Nomination of election officials
    Sec. 27. Each of the appointed members of a town election boardmay nominate:
        (1) one (1) person to serve as a judge;
        (2) one (1) person to serve as an election sheriff, except in aprecinct subject to a resolution adopted under section 25 of thischapter;
        (3) one (1) person to serve as a poll clerk; and
        (4) one (1) person to serve as an assistant poll clerk, if assistantpoll clerks are to be appointed;
for each precinct in the town.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.106.

IC 3-10-7-28
Appointment of nominees; vacancies
    Sec. 28. A town election board shall appoint the persons who arenominated under sections 26 and 27 of this chapter. A vacancy in anoffice shall be filled by an appointment made upon therecommendation of the board member who nominated the originalofficer.
As added by P.L.5-1986, SEC.6.

IC 3-10-7-29
Challengers; pollbook holders
    Sec. 29. Each political party that has a candidate on the ballot ina municipal election under this chapter may appoint one (1)challenger and one (1) pollbook holder for each precinct in the town.These persons have the same powers and duties, and are subject tothe same qualifications and penalties, as challengers and pollbookholders appointed under IC 3-6-7-1.As added by P.L.5-1986, SEC.6.

IC 3-10-7-30
List of registered voters; copies
    Sec. 30. (a) The circuit court clerk or board of registration of eachcounty in which a town described in section 1 of this chapter islocated shall prepare copies of the list of registered voters for eachprecinct in the town at least ten (10) days before a municipal electionunder this chapter. The lists must include the full name, address, andassigned identification number of each voter. Two (2) copies of thelist shall be presented to the town election board for use at the pollson election day.
    (b) Not later than twenty-four (24) days before election day, thecircuit court clerk or board of registration shall provide a list ofregistered voters in the town to the town election board to permit theboard to conduct absentee ballot voting.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.57.

IC 3-10-7-31
Election equipment furnished by county election board
    Sec. 31. Upon request of a town election board, the countyelection board of each county in which the town is located shallfurnish any available equipment that is necessary for a municipalelection, including ballot card voting systems and electronic votingsystems. The town shall pay the expense of moving the equipment toand from the polls and for any loss of or damage to the equipment.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.187;P.L.10-1988, SEC.93; P.L.221-2005, SEC.34.

IC 3-10-7-32
Method of voting; determination; duties of election officers
    Sec. 32. (a) A town election board shall determine what votingmethod will be used in a municipal election.
    (b) The town election board and its precinct election officers shallperform the duties of the county election board and its precinctelection officers under IC 3-11 for each voting method used.
    (c) The town election board shall prepare the ballots in the formprescribed by IC 3-11 and distribute them to the precincts in thetown.
    (d) This subsection applies only to paper ballots. Notwithstandingsubsection (c), the town election board, by unanimous consent of theboard's entire membership, may authorize the printing orreproduction of ballots on equipment under the control of the townclerk-treasurer. If the town election board acts under this subsection,the ballots are not required to conform to the precise dimensionsconcerning the size of political party devices under IC 3-11-2-9 orthe placement of a candidate's name under IC 3-11-2-10(e). However,the ballots must otherwise substantially conform with IC 3-11-2.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.188;P.L.3-1997, SEC.235; P.L.58-2005, SEC.13.
IC 3-10-7-33
Canvass of votes; filing election materials
    Sec. 33. (a) A town election board shall canvass the votes from amunicipal election in the manner prescribed by IC 3-12-4.
    (b) After completion of the canvass, the town election board shallimmediately file the poll lists, ballots, tally sheets, and other electionforms with the circuit court clerk of the county containing thegreatest percentage of population of the town for preservation andvoter list maintenance in accordance with IC 3-10-1-31 orIC 3-10-1-31.1.
As added by P.L.5-1986, SEC.6. Amended by P.L.209-2003,SEC.102; P.L.14-2004, SEC.88.

IC 3-10-7-34
Certification of vote; certificate of election or of approval orrejection of local public question
    Sec. 34. (a) After completing the canvass of votes under section33 of this chapter, a town election board shall make out a certificate:
        (1) designating each office and public question;
        (2) stating the number of votes:
            (A) each candidate has received; and
            (B) cast for or against each public question; and
        (3) declaring:
            (A) the candidate receiving the highest number of votes foreach office to be elected; and
            (B) the local public question approved or rejected if thequestion was placed on the ballot by the town election board.
    (b) The town election board shall present the certificate to thetown clerk-treasurer, who may, upon the request of the candidate ora person entitled to request a recount of the votes cast on a publicquestion, issue a:
        (1) certificate of election to each person elected; or
        (2) certificate declaring the local public question approved orrejected.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.94;P.L.4-1991, SEC.57.

IC 3-10-7-35
Appeals
    Sec. 35. (a) Any voter of a town who disagrees with a decision ofthe town clerk-treasurer or the town election board under this chaptermay appeal the decision to the county election board of the countycontaining the greatest percentage of population of the town beforea municipal election under this chapter.
    (b) The appeal must be in the form of a brief written statementsetting forth the grounds of the appeal, together with any documentsrelevant to the matter.
    (c) The county election board shall render a decision on theappeal within ten (10) days after the board receives the statement.As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.189;P.L.4-1996, SEC.58.