IC 3-8-5
    Chapter 5. Town Conventions and Major Political PartyNominations in Small Towns

IC 3-8-5-1
Application of chapter
    Sec. 1. (a) This chapter applies to the nomination of candidatesfor town offices in each town having a population of less than threethousand five hundred (3,500) that is not located entirely or partiallywithin a county having a consolidated city.
    (b) Prison inmates may not be counted in determining populationsize for purposes of this chapter.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.111;P.L.11-1988, SEC.2; P.L.15-1995, SEC.1.

IC 3-8-5-2
Nomination of candidates
    Sec. 2. (a) A candidate for a town office may be nominated usingany of the following methods:
        (1) By convention conducted under this chapter.
        (2) By a primary election.
        (3) By petition filed under IC 3-8-6.
        (4) If a town convention or a primary election is not requiredunder section 10 of this chapter for the political party of whichthe candidate is a member, by the candidate's declaration ofcandidacy.
    (b) Unless a town legislative body adopts an ordinance undersubsection (c), a town shall use the convention method described inthis chapter to nominate candidates for town offices.
    (c) The town legislative body of a town covered by this chaptermay adopt an ordinance to specify any other method described insubsection (a) to nominate candidates for town offices.
    (d) The town legislative body must adopt an ordinance undersubsection (c) not later than January 1 of the year in which amunicipal election is held. The town clerk-treasurer shall send a copyof the ordinance to the circuit court clerk of the county that containsthe greatest percentage of the town's population.
    (e) If a town described by section 1 of this chapter adopts anordinance under subsection (c) to nominate candidates by a primaryelection, the following apply:
        (1) The county election board of the county that contains thegreatest percentage of the town's population shall conduct theprimary election for the town.
        (2) All statutes governing primary elections for towns apply.
        (3) The town may not change the method of nominatingcandidates for town offices more than one (1) time in anytwelve (12) year period.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.63;P.L.167-2001, SEC.2; P.L.14-2004, SEC.57.
IC 3-8-5-3
Town committees
    Sec. 3. (a) Each of the major political parties of the state shallhave a committee in a town subject to this chapter known as the__________ town committee of the town of ____________(designating the name of the party and the town).
    (b) A political party's town committee consists of the followingindividuals:
        (1) A registered voter of the town appointed by the politicalparty's county chairman of the county containing the greatestpercentage of the population of the town. The individualappointed under this subdivision is the chairman of the towncommittee. The county chairman may not appoint an individualwho holds a town office for the town.
        (2) A registered voter of the town appointed by the politicalparty's town chairman. The individual appointed under thissubdivision is the secretary of the town committee.
    (c) A member of a town committee serves until the member'ssuccessor is appointed and qualified.
    (d) A member of the town committee serves at the pleasure of theappointing authority of the member.
    (e) The individual who is town chairman vacates the officewhenever the individual becomes a candidate for a town office of thetown.
    (f) A vacancy on the town committee shall be filled by theappointing authority of the member who vacated the committee.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.112;P.L.4-1996, SEC.26.

IC 3-8-5-4
Repealed
    (Repealed by P.L.4-1996, SEC.107.)

IC 3-8-5-5
Repealed
    (Repealed by P.L.4-1996, SEC.107.)

IC 3-8-5-6
Repealed
    (Repealed by P.L.4-1996, SEC.107.)

IC 3-8-5-7
Repealed
    (Repealed by P.L.4-1996, SEC.107.)

IC 3-8-5-8
Repealed
    (Repealed by P.L.4-1996, SEC.107.)
IC 3-8-5-9
    (Repealed by P.L.4-1996, SEC.107.)

IC 3-8-5-10
Calling town conventions; necessity; purpose; notice; rescheduling
    Sec. 10. (a) If more than one (1) candidate from the same politicalparty files a declaration of candidacy for the same office, thatpolitical party shall conduct:
        (1) a town convention under this chapter; or
        (2) a primary election;
to choose the nominee of that party for that office as provided in theordinance adopted under section 2 of this chapter.
    (b) If a town convention is required under subsection (a), the townchairman shall organize, conduct, and issue a call for a townconvention to be held in the town, or, if there is no suitable locationin the town, then either at the nearest available location within anycounty in which the town is located or at the county seat of anycounty in which the town is located.
    (c) The convention must be held before August 21 in each year inwhich a municipal election is to be held. The purpose of theconvention is to select the nominees for all town offices to be electedat the next municipal election and for which more than one (1)declaration of candidacy has been filed.
    (d) The chairman shall file a notice of the call with the circuitcourt clerk of the county containing the greatest percentage ofpopulation of the town. The chairman shall also have notice of thecall posted at least three (3) days in three (3) prominent public placesin the town, including the office of the clerk-treasurer. The noticemust state the time, place, and purpose of the convention.
    (e) If the county chairman determines that an emergency requiresthe rescheduling of a town convention after notice has been givenunder subsection (d), the chairman shall promptly file a notice in theoffice of the county election board and in the office of the townclerk-treasurer stating the date, time, and place of the rescheduledconvention.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.114;P.L.10-1988, SEC.40; P.L.3-1993, SEC.64; P.L.4-1996, SEC.27;P.L.144-1999, SEC.1; P.L.167-2001, SEC.3; P.L.230-2005, SEC.28.

IC 3-8-5-10.5
Declaration of candidacy
    Sec. 10.5. (a) A person who desires to be nominated for a townoffice by a major political party must file a declaration of candidacywith the circuit court clerk of the county containing the greatestpercentage of population of the town.
    (b) A declaration of candidacy must be filed:
        (1) not earlier than January 1; and
        (2) not later than:
            (A) noon August 1 before a municipal election if the townnominates its candidates by convention; and            (B) the date that a declaration of candidacy must be filedunder IC 3-8-2-4 if the town nominates its candidates by aprimary election.
    (c) The declaration must be subscribed and sworn to (or affirmed)before a notary public or other person authorized to administer oaths.
    (d) The declaration of each candidate required by this sectionmust certify the following information:
        (1) The candidate's name, printed or typewritten as:
            (A) the candidate wants the candidate's name to appear onthe ballot; and
            (B) the candidate's name is permitted to appear on the ballotunder IC 3-5-7.
        (2) That the candidate is a registered voter and the location ofthe candidate's precinct and township (or the ward and town),county, and state.
        (3) The candidate's complete residence address and thecandidate's mailing address if the mailing address is differentfrom the residence address.
        (4) The candidate's party affiliation and the office to which thecandidate seeks nomination, including the district designationif the candidate is seeking a town legislative body seat.
        (5) That the candidate complies with all requirements under thelaws of Indiana to be a candidate for the above named office,including any applicable residency requirements, and is notineligible to be a candidate due to a criminal conviction thatwould prohibit the candidate from serving in the office.
        (6) The candidate's signature.
    (e) This subsection does not apply to a town whose municipalelection is to be conducted by a county. Immediately after thedeadline for filing, the circuit court clerk shall do all of thefollowing:
        (1) Certify to the town clerk-treasurer and release to the publica list of the candidates of each political party for each office.The list shall indicate any candidates of a political partynominated for an office under this chapter because of the failureof any other candidates of that political party to file adeclaration of candidacy for that office.
        (2) Post a copy of the list in a prominent place in the circuitcourt clerk's office.
        (3) File a copy of each declaration of candidacy with the townclerk-treasurer.
    (f) A person who files a declaration of candidacy for an electedoffice for which a per diem or salary is provided for by law isdisqualified from filing a declaration of candidacy for another officefor which a per diem or salary is provided for by law until theoriginal declaration is withdrawn.
    (g) A person who files a declaration of candidacy for an electedoffice may not file a declaration of candidacy for that office in thesame year as a member of a different political party until the originaldeclaration is withdrawn.    (h) A person who files a declaration of candidacy under thissection may file a written notice withdrawing the person's declarationof candidacy in the same manner as the original declaration wasfiled, if the notice of withdrawal is filed not later than:
        (1) noon August 1 before the municipal election if the townnominates its candidates by convention; and
        (2) the date that a declaration of candidacy may be withdrawnunder IC 3-8-2-20 if the town nominates its candidates in aprimary election.
    (i) A declaration of candidacy must include a statement that thecandidate requests the name on the candidate's voter registrationrecord be the same as the name the candidate uses on the declarationof candidacy. If there is a difference between the name on thecandidate's declaration of candidacy and the name on the candidate'svoter registration record, the officer with whom the declaration ofcandidacy is filed shall forward the information to the voterregistration 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 declaration of candidacy.
As added by P.L.3-1987, SEC.115. Amended by P.L.10-1988,SEC.41; P.L.4-1991, SEC.39; P.L.3-1993, SEC.65; P.L.3-1995,SEC.56; P.L.4-1996, SEC.28; P.L.144-1999, SEC.2; P.L.202-1999,SEC.4; P.L.167-2001, SEC.4; P.L.14-2004, SEC.58.

IC 3-8-5-11
Eligibility to vote at convention; list of voters
    Sec. 11. (a) An individual is eligible to participate in a townconvention if the individual meets all the following requirements:
        (1) The voter resides in the town on the date the convention isconducted.
        (2) The voter became a registered voter of the town not laterthan the date specified in the rules of the major political partyconducting the convention.
        (3) The voter subscribes to a statement under the penalties forperjury stating that the individual is affiliated with the politicalparty conducting the convention.
        (4) The voter complies with any other requirement fordetermining political party affiliation set forth in the rules of themajor political party conducting the convention.
    (b) The county election board shall furnish the secretary of theconvention a list of all the town's voters. The list must state the datethat the individual became a voter of the town, if the individualbecame a voter of the town during the year in which the list isfurnished. An individual who wants to vote in a town conventionmust register with the secretary of the convention and subscribe tothe statement described in subsection (a)(3) before being permittedto vote in the convention. The secretary of the convention shall noteon the list of the town's voters when an individual registers with thesecretary.    (c) An individual may not vote at more than one (1) conventionheld in the town during the same election year.
As added by P.L.5-1986, SEC.4. Amended by P.L.167-2001, SEC.5;P.L.9-2004, SEC.10.

IC 3-8-5-12
Chairman and secretary of convention; items of business to beconducted; nomination of candidates; recess and reconvening
    Sec. 12. (a) The town chairman and secretary of each townpolitical party committee shall act as chairman and secretary of theirrespective conventions.
    (b) As the first item of convention business, the town chairmanshall make the initial determination regarding which individuals areeligible to vote in the town convention under section 11 of thischapter. If an individual objects to the determination of the chairman,the matter shall be put to the vote of all those individuals whoseeligibility to vote is not in dispute.
    (c) As the second item of convention business, the town chairmanshall submit copies of proposed rules to the members of theconvention for adoption. The rules must provide for at least thefollowing:
        (1) The voting method to be used for nominating candidates atthe convention.
        (2) The method to be used for resolving tie votes.
        (3) Any method for removing candidates from consideration bythe convention if no candidate receives a majority vote from allvoters casting a ballot at the convention.
        (4) The rights of nonvoting observers, media, candidatewatchers, or others attending the convention.
    (d) If the town chairman of the political party committee is unableor unwilling to act as chairman of the convention, the secretary actsas chairman until the convention elects a chairman of the conventionfrom among the voters attending the convention. If the townsecretary of the political party committee is unable or unwilling toact as secretary of the convention, the convention shall elect asecretary of the convention from among the voters attending theconvention.
    (e) After adoption of the convention rules, the convention mayproceed to vote on the candidates to be nominated. The candidatesfor town offices must be nominated by a majority of the voterspresent and voting.
    (f) The town convention may recess and reconvene if a majorityof eligible voters at the convention adopt a motion to recess andreconvene. The motion must state the date, time, and location of thereconvening of the convention. However, a convention may notreconvene on a date following the final date permitted for aconvention to be convened under section 10 of this chapter.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.42;P.L.4-1991, SEC.40; P.L.3-1993, SEC.66; P.L.4-1996, SEC.29;P.L.230-2005, SEC.29.
IC 3-8-5-13
Certificate of nomination
    Sec. 13. (a) The chairman and secretary of a town conventionshall execute a certificate of nomination in writing, setting out thefollowing:
        (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.
    (b) Both the chairman and secretary shall acknowledge thecertificate before an officer authorized to take acknowledgment ofdeeds.
    (c) The certificate must be filed with the circuit court clerk of thecounty having the greatest percentage of the population of the town.
    (d) The certificate must be filed with the circuit court clerk nolater than noon August 28 before the municipal election.
    (e) The circuit court clerk shall file a copy of each certificate withthe town clerk-treasurer no later than noon September 4.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.116;P.L.10-1988, SEC.43; P.L.3-1989, SEC.5; P.L.3-1993, SEC.67;P.L.144-1999, SEC.3; P.L.202-1999, SEC.5; P.L.14-2004, SEC.59.

IC 3-8-5-14
Certificate of nomination
    Sec. 14. (a) A certificate of nomination must be signed before aperson authorized to administer oaths and certify the followinginformation:
        (1) The name of the party, the town where the convention washeld, the date of the convention, and the date of the townelection.
        (2) The name, residence, and office of each candidate that wasnominated at the convention.
        (3) That each candidate for town council resides in the ward forwhich the person is a candidate.
        (4) That each candidate is a registered voter of the town andlegally qualified to hold the office for which the person is acandidate.
        (5) The title of the party that the candidates represent and thedevice by which the candidates may be designated on theballots (a symbol to designate the party).
        (6) The signature and residence address of the presiding officerand secretary of the convention.
    (b) The certificate of nomination must be filed with the circuitcourt clerk of the county where the convention was held.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.44;P.L.8-1989, SEC.4; P.L.3-1993, SEC.68; P.L.3-1995, SEC.57;

P.L.4-1996, SEC.30.

IC 3-8-5-14.3
Effect and procedure where convention not required
    Sec. 14.3. If a convention or a primary election is not requiredunder section 10 of this chapter, notwithstanding IC 3-10-7:
        (1) a municipal primary election or town convention may not beheld; and
        (2) each candidate who filed a declaration of candidacy shall beplaced on the municipal election ballot, unless IC 3-10-7-6(b)applies.
As added by P.L.3-1993, SEC.69. Amended by P.L.167-2001, SEC.6.

IC 3-8-5-14.5
Notice of withdrawal
    Sec. 14.5. (a) A town election board or circuit court clerkconducting a municipal election under IC 3-10-7 may not include thename of a candidate nominated by a town convention on themunicipal election ballot if the person files a notice to withdraw withthe board or clerk.
    (b) The notice to withdraw 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 or clerk no later than noon three (3)days following the adjournment of the convention.
As added by P.L.10-1988, SEC.45.

IC 3-8-5-14.7
Validity of documents
    Sec. 14.7. (a) All questions regarding the validity of:
        (1) a declaration of candidacy;
        (2) a petition of nomination; or
        (3) a certificate of nomination of a candidate by a townconvention;
subject to this chapter shall be filed under IC 3-8-1-2 not later thannoon seven (7) days after the final date for filing a certificate undersection 13(d) of this chapter. The question shall be referred to anddetermined by the town election board (or by the appropriate countyelection board if a county election board is conducting the electionfor the town).
    (b) The election board shall rule on the validity of any documentdescribed in subsection (a) not later than noon seven (7) daysfollowing the deadline for filing of the document required bysubsection (a).
    (c) A question regarding the validity of a declaration to be awrite-in candidate for election to a town office must be filed underIC 3-8-1-2 not later than the date and time specified byIC 3-8-2-14(c), and shall be determined by the election board not

later than the date and time specified by IC 3-8-2-14(c).
As added by P.L.4-1996, SEC.31. Amended by P.L.144-1999, SEC.4;P.L.14-2004, SEC.60.

IC 3-8-5-15
Preservation of certificates of nomination and petitions ofnomination
    Sec. 15. A town clerk-treasurer shall preserve in theclerk-treasurer's office:
        (1) all certificates of nomination and declarations of candidacyfiled with the town clerk-treasurer under this chapter; and
        (2) all petitions of nomination filed under IC 3-8-6-10;
for the period required under IC 3-10-1-31 or IC 3-10-1-31.1 after themunicipal election for which the nominations were made.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.117;P.L.10-1988, SEC.46; P.L.14-2004, SEC.61.

IC 3-8-5-16
Repealed
    (Repealed by P.L.3-1987, SEC.570.)

IC 3-8-5-17
Nomination for town office
    Sec. 17. (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) An individual who desires to be nominated for a town officeby the political party must file a declaration of candidacy in the samemanner as a candidate for nomination by a major political partyunder section 10.5 of this chapter. If a convention would be requiredfor the political party under section 10 of this chapter, the politicalparty shall conduct a convention to nominate candidates for townoffice not later than the date for conducting a major party townconvention under section 10 of this chapter.
    (c) The chairman and secretary of the town convention shallexecute, acknowledge, and file a certificate setting forth thenominees of the convention in accordance with section 13 of thischapter.
    (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). An individual who wishes towithdraw as a candidate after nomination by the convention must doso in the manner prescribed by section 14.5 of this chapter.
    (e) The circuit court clerk shall file a copy of each certificate andeach candidate's consent with the town clerk-treasurer in accordancewith section 13 of this chapter.
    (f) A candidate's consent to the nomination must include a

statement that the candidate requests the name on the candidate'svoter registration record be the same as the name the candidate useson the declaration of candidacy. 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.
As added by P.L.3-1995, SEC.58. Amended by P.L.38-1999, SEC.26;P.L.202-1999, SEC.6.