Indiana 2024 Regular Session

Indiana House Bill HB1250 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1250
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5; IC 3-6; IC 3-8; IC 3-10; IC 3-11; IC 3-12;
7	7	IC 5-4-1-2; IC 33-35; IC 36-1.5-4-35; IC 36-5.
8	8	Synopsis: Elections in small cities and towns. Repeals provisions
9	9	concerning municipal elections in small towns located outside Marion
10	10	County, including provisions that allow for the creation of a town
11	11	election board. Provides that a municipal election in a certain town or
12	12	city with a population of less than 3,500 may be held only in an
13	13	even-numbered year and only at the same time as a primary or general
14	14	election. Requires the county election board to conduct the elections.
15	15	Specifies that an officeholder in a municipality whose term was
16	16	scheduled to expire on November 2, 2027, is entitled to remain in
17	17	office until a successor is elected on November 7, 2028, qualified, and
18	18	begins the successor's term on January 1, 2029. Makes conforming
19	19	amendments.
20	20	Effective: July 1, 2024.
21	21	Criswell
22	22	January 9, 2024, read first time and referred to Committee on Elections and
23	23	Apportionment.
24	24	2024 IN 1250—LS 6957/DI 144 Introduced
25	25	Second Regular Session of the 123rd General Assembly (2024)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2023 Regular Session of the General Assembly.
35	35	HOUSE BILL No. 1250
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	elections.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 3-5-3-8, AS AMENDED BY P.L.74-2017,
40	40	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	41	3 JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (b),
42	42	4 During the period that begins ninety (90) days before a municipal
43	43	5 primary election and continues until the day after the following
44	44	6 municipal election, all expenses of the primary election and election
45	45	7 that cannot be chargeable directly to any municipality shall be
46	46	8 apportioned as follows:
47	47	9 (1) Twenty-five percent (25%) to the county.
48	48	10 (2) Seventy-five percent (75%) to the municipalities in the county
49	49	11 holding the municipal primary election and municipal election.
50	50	12 (b) The apportionment made under subsection (a) does not apply to
51	51	13 a town that has entered into an agreement with the county under
52	52	14 IC 3-10-7-4 to pay the county a fixed amount for the expenses
53	53	15 described in subsection (a).
54	54	16 (c) (b) This subsection applies to a county that is designated as a
55	55	17 vote center county under IC 3-11-18.1. During the period that begins
56	56	2024 IN 1250—LS 6957/DI 144 2
57	57	1 ninety (90) days before a municipal primary election and continues
58	58	2 until the day after the following municipal election, all expenses
59	59	3 incurred by the county in conducting the municipal primary election
60	60	4 and municipal election shall be apportioned among the municipalities
61	61	5 in the county holding a municipal primary and municipal election.
62	62	6 SECTION 2. IC 3-5-3-9, AS AMENDED BY P.L.74-2017,
63	63	7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
64	64	8 JULY 1, 2024]: Sec. 9. (a) Except as provided in subsections (c) and
65	65	9 (d), subsection (c), whenever more than one (1) municipality in a
66	66	10 county conducts a municipal primary election, the seventy-five percent
67	67	11 (75%) of expenses that cannot be chargeable directly to any particular
68	68	12 municipality under section 8 of this chapter shall be apportioned to
69	69	13 each municipality in the same ratio that the number of voters who cast
70	70	14 a ballot in the municipality at the municipal primary election bears to
71	71	15 the total number of voters who cast a ballot in all of the municipalities
72	72	16 in the county at that municipal primary election.
73	73	17 (b) Except as provided in subsections (c) and (d), subsection (c),
74	74	18 whenever more than one (1) municipality in a county conducts a
75	75	19 municipal election, the seventy-five percent (75%) of expenses that are
76	76	20 not chargeable directly to any particular municipality under section 8
77	77	21 of this chapter must be apportioned to each municipality in the same
78	78	22 ratio that the number of voters who cast a ballot in the municipality at
79	79	23 the municipal election bears to the total number of voters who cast a
80	80	24 ballot in all of the municipalities in the county that conducted a
81	81	25 municipal election.
82	82	26 (c) The apportionment made under subsection (a) does not apply to
83	83	27 a town that has entered into an agreement with the county under
84	84	28 IC 3-10-7-4 to pay the county a fixed amount for the expenses
85	85	29 described in subsection (a).
86	86	30 (d) (c) This subsection
87	87	31 (1) applies to a county designated as a vote center county under
88	88	32 IC 3-11-18.1. and
89	89	33 (2) does not apply to a town that has entered into an agreement
90	90	34 with the county under IC 3-10-7-4 to pay the county a fixed
91	91	35 amount for its municipal primary election and municipal election
92	92	36 expenses.
93	93	37 All expenses incurred by the county in conducting the municipal
94	94	38 primary election and municipal election shall be apportioned to each
95	95	39 municipality in the same ratio that the number of voters who cast a
96	96	40 ballot in the municipality at the municipal primary election or the
97	97	41 municipal election bears to the total number of voters who cast a ballot
98	98	42 in all of the municipalities in the county at that municipal primary
99	99	2024 IN 1250—LS 6957/DI 144 3
100	100	1 election or municipal election.
101	101	2 SECTION 3. IC 3-5-4-1.2, AS ADDED BY P.L.124-2012,
102	102	3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
103	103	4 JULY 1, 2024]: Sec. 1.2. (a) Whenever this title requires that a
104	104	5 document declaring or certifying the candidacy of a person be filed
105	105	6 with the election division or the secretary of state as a condition for the
106	106	7 filing to be effective:
107	107	8 (1) a county election board;
108	108	9 (2) a circuit court clerk;
109	109	10 (3) a county voter registration office; or
110	110	11 (4) a board of elections and registration; or
111	111	12 (5) a town election board;
112	112	13 may not accept the filing on behalf of the election division or the
113	113	14 secretary of state.
114	114	15 (b) A county election board, circuit court clerk, county voter
115	115	16 registration office, or board of elections and registration or town
116	116	17 election board that accepts a document that is required to be filed with
117	117	18 the election division or the secretary of state as a condition for the
118	118	19 filing to be effective:
119	119	20 (1) may not act as an agent of the election division or the
120	120	21 secretary of state; and
121	121	22 (2) is not required to transmit the filing to the election division or
122	122	23 the secretary of state.
123	123	24 (c) If a board, office, or clerk referred to in subsection (a)(1) through
124	124	25 (a)(5) (a)(4) accepts a document that is required to be filed with the
125	125	26 election division or the secretary of state as a condition for the filing to
126	126	27 be effective, the following apply:
127	127	28 (1) The filing is void.
128	128	29 (2) The name of a candidate set forth in the filing may not appear
129	129	30 on the ballot, unless the document is filed with the election
130	130	31 division or the secretary of state in the manner required by this
131	131	32 title.
132	132	33 SECTION 4. IC 3-6-5-14, AS AMENDED BY P.L.258-2013,
133	133	34 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
134	134	35 JULY 1, 2024]: Sec. 14. (a) Each county election board, in addition to
135	135	36 duties otherwise prescribed by law, shall do the following:
136	136	37 (1) Conduct all elections and administer the election laws within
137	137	38 the county, except as provided in IC 3-8-5 and IC 3-10-7 for town
138	138	39 conventions. and municipal elections in certain small towns.
139	139	40 (2) Prepare all ballots.
140	140	41 (3) Distribute all ballots to all of the precincts in the county.
141	141	42 (b) Not later than the Monday before distributing ballots and voting
142	142	2024 IN 1250—LS 6957/DI 144 4
143	143	1 systems to the precincts in the county, the county election board shall
144	144	2 notify the county chairman of each major political party and, upon
145	145	3 request, the chairman of any other bona fide political party in the
146	146	4 county, that sample ballots are available for inspection.
147	147	5 SECTION 5. IC 3-6-5-15, AS AMENDED BY P.L.74-2017,
148	148	6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
149	149	7 JULY 1, 2024]: Sec. 15. (a) Except as provided in subsection (b), this
150	150	8 section applies when an election is conducted in a political subdivision
151	151	9 (as defined in IC 36-1-2-13 and other than a county) that contains
152	152	10 territory in more than one (1) county.
153	153	11 (b) This section does not apply to an election
154	154	12 (1) conducted at the same time as a primary or general election
155	155	13 during an even-numbered year. or
156	156	14 (2) conducted in a town by a town election board under IC 3-10-7.
157	157	15 (c) To the extent authorized by this section, the county election
158	158	16 board of the county that contains the greatest percentage of population
159	159	17 of the political subdivision shall conduct all elections for the political
160	160	18 subdivision. The county election board may designate polling places
161	161	19 for the election, which may be located in any county in which the
162	162	20 political subdivision is located, and shall appoint precinct election
163	163	21 officers to conduct the election upon nomination by the county
164	164	22 chairman of the county where the precinct is located, or by filling a
165	165	23 vacancy if a nomination is not timely made. However, each county
166	166	24 election board shall provide poll lists for voters, receive and approve
167	167	25 absentee ballot applications, issue certificates of error or other
168	168	26 documents for the voters of that county, print ballots for the municipal
169	169	27 or special election, and conduct activity required to canvass the votes
170	170	28 under IC 3-12-5-2(b).
171	171	29 SECTION 6. IC 3-6-6-27 IS AMENDED TO READ AS FOLLOWS
172	172	30 [EFFECTIVE JULY 1, 2024]: Sec. 27. The county executive shall fix
173	173	31 the compensation paid under sections 25 and 26 of this chapter for all
174	174	32 elections. except municipal elections held by towns under IC 3-10-7.
175	175	33 The fiscal body of a town holding a municipal election under IC 3-10-7
176	176	34 shall fix the compensation paid under sections 25 and 26 of this
177	177	35 chapter.
178	178	36 SECTION 7. IC 3-8-1-2, AS AMENDED BY P.L.278-2019,
179	179	37 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
180	180	38 JULY 1, 2024]: Sec. 2. (a) This section does not apply to a candidate
181	181	39 challenged under IC 3-8-8.
182	182	40 (b) The commission or a county election board or a town election
183	183	41 board shall act if a candidate (or a person acting on behalf of a
184	184	42 candidate in accordance with state law) has filed any of the following:
185	185	2024 IN 1250—LS 6957/DI 144 5
186	186	1 (1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
187	187	2 (2) A request for ballot placement in a presidential primary under
188	188	3 IC 3-8-3.
189	189	4 (3) A petition of nomination or candidate's consent to nomination
190	190	5 under IC 3-8-2.5 or IC 3-8-6.
191	191	6 (4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
192	192	7 IC 3-10-2-15, or IC 3-10-6-12.
193	193	8 (5) A certificate of candidate selection under IC 3-13-1 or
194	194	9 IC 3-13-2.
195	195	10 (6) A declaration of intent to be a write-in candidate under
196	196	11 IC 3-8-2-2.5.
197	197	12 (7) A contest to the denial of certification under IC 3-8-2.5 or
198	198	13 IC 3-8-6-12.
199	199	14 (c) The commission has jurisdiction to act under this section with
200	200	15 regard to any filing described in subsection (b) that was made with the
201	201	16 election division. Except for a filing under the jurisdiction of a town
202	202	17 election board, A county election board has jurisdiction to act under
203	203	18 this section with regard to any filing described in subsection (b),
204	204	19 including a filing for nomination or election to a town office, that
205	205	20 was made with the county election board, county voter registration
206	206	21 office, or the circuit court clerk. A town election board has jurisdiction
207	207	22 to act under this section with regard to any filing that was made with
208	208	23 the county election board, the county voter registration office, or the
209	209	24 circuit court clerk for nomination or election to a town office.
210	210	25 (d) Except as provided in subsection (f), before the commission or
211	211	26 election board acts under this section, a registered voter of the election
212	212	27 district that a candidate seeks to represent or a county chairman of a
213	213	28 major political party of a county in which any part of the election
214	214	29 district is located must file a sworn statement before a person
215	215	30 authorized to administer oaths, with the election division or election
216	216	31 board:
217	217	32 (1) questioning the eligibility of the candidate to seek the office;
218	218	33 and
219	219	34 (2) setting forth the facts known to the voter or county chairman
220	220	35 of a major political party of a county concerning this question.
221	221	36 (e) The eligibility of a write-in candidate or a candidate nominated
222	222	37 by a convention, petition, or primary may not be challenged under this
223	223	38 section if the commission or board determines that all of the following
224	224	39 occurred:
225	225	40 (1) The eligibility of the candidate was challenged under this
226	226	41 section before the candidate was nominated.
227	227	42 (2) The commission or board conducted a hearing on the affidavit
228	228	2024 IN 1250—LS 6957/DI 144 6
229	229	1 before the nomination.
230	230	2 (3) This challenge would be based on substantially the same
231	231	3 grounds as the previous challenge to the candidate.
232	232	4 (f) Before the commission or election board can consider a contest
233	233	5 to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a
234	234	6 candidate (or a person acting on behalf of a candidate in accordance
235	235	7 with state law) must file a sworn statement with the election division
236	236	8 or election board:
237	237	9 (1) stating specifically the basis for the contest; and
238	238	10 (2) setting forth the facts known to the candidate supporting the
239	239	11 basis for the contest.
240	240	12 (g) Upon the filing of a sworn statement under subsection (d) or (f),
241	241	13 the commission or election board shall determine the validity of the
242	242	14 questioned:
243	243	15 (1) declaration of candidacy;
244	244	16 (2) declaration of intent to be a write-in candidate;
245	245	17 (3) request for ballot placement under IC 3-8-3;
246	246	18 (4) petition of nomination;
247	247	19 (5) certificate of nomination;
248	248	20 (6) certificate of candidate selection issued under IC 3-13-1-15 or
249	249	21 IC 3-13-2-8; or
250	250	22 (7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
251	251	23 (h) The commission or election board shall deny a filing if the
252	252	24 commission or election board determines that the candidate has not
253	253	25 complied with the applicable requirements for the candidate set forth
254	254	26 in the Constitution of the United States, the Constitution of the State of
255	255	27 Indiana, or this title.
256	256	28 SECTION 8. IC 3-8-5-14.3 IS AMENDED TO READ AS
257	257	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14.3. If a convention or
258	258	30 a primary election is not required under section 10 of this chapter:
259	259	31 notwithstanding IC 3-10-7:
260	260	32 (1) a municipal primary election or town convention may not be
261	261	33 held; and
262	262	34 (2) each candidate who filed a declaration of candidacy shall be
263	263	35 placed on the municipal election ballot. unless IC 3-10-7-6(b)
264	264	36 applies.
265	265	37 SECTION 9. IC 3-8-5-14.5, AS AMENDED BY P.L.278-2019,
266	266	38 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
267	267	39 JULY 1, 2024]: Sec. 14.5. (a) A town county election board or circuit
268	268	40 court clerk conducting a municipal election under IC 3-10-7
269	269	41 IC 3-10-7.5 may not include the name of a candidate nominated by a
270	270	42 town convention on the municipal election ballot if the person files a
271	271	2024 IN 1250—LS 6957/DI 144 7
272	272	1 notice to withdraw with the clerk. The circuit court clerk shall notify
273	273	2 the town county election board of any candidate withdrawal filed under
274	274	3 this subsection not later than the deadline for the clerk to file a copy of
275	275	4 the certification of nomination under section 13(e) of this chapter.
276	276	5 (b) The notice to withdraw must:
277	277	6 (1) be signed and acknowledged before an officer authorized to
278	278	7 take acknowledgments of deeds;
279	279	8 (2) have the certificate of acknowledgment appended to the
280	280	9 notice; and
281	281	10 (3) be filed with the clerk no later than noon three (3) days
282	282	11 following the adjournment of the convention.
283	283	12 SECTION 10. IC 3-8-5-14.7, AS AMENDED BY P.L.278-2019,
284	284	13 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
285	285	14 JULY 1, 2024]: Sec. 14.7. (a) All questions regarding the validity of:
286	286	15 (1) a declaration of candidacy;
287	287	16 (2) a petition of nomination; or
288	288	17 (3) a certificate of nomination of a candidate by a town
289	289	18 convention;
290	290	19 subject to this chapter shall be filed under IC 3-8-1-2, with the county
291	291	20 election board of the county where the declaration of candidacy was
292	292	21 filed, not later than noon seven (7) days after the final date for filing a
293	293	22 certificate under section 13(d) of this chapter. The question shall be
294	294	23 referred to and determined by the town election board (or by the
295	295	24 appropriate county election board. if a county election board is
296	296	25 conducting the election for the town).
297	297	26 (b) The election board shall rule on the validity of any document
298	298	27 described in subsection (a) not later than noon seven (7) days following
299	299	28 the deadline for filing of the document required by subsection (a).
300	300	29 (c) A question regarding the validity of a declaration to be a write-in
301	301	30 candidate for election to a town office must be filed under IC 3-8-1-2
302	302	31 not later than the date and time specified by IC 3-8-2-14(c), and shall
303	303	32 be determined by the election board not later than the date and time
304	304	33 specified by IC 3-8-2-14(c).
305	305	34 SECTION 11. IC 3-8-6-11, AS AMENDED BY P.L.194-2013,
306	306	35 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
307	307	36 JULY 1, 2024]: Sec. 11. (a) Whenever a town is wholly or partly
308	308	37 located in a county having a consolidated city, a petition of nomination
309	309	38 must be filed with the circuit court clerk of the county having the
310	310	39 consolidated city.
311	311	40 (b) Whenever a town not described in subsection (a) has entered
312	312	41 into an agreement with a county under IC 3-10-7-4, the petition must
313	313	42 be filed with the county voter registration office of that county.
314	314	2024 IN 1250—LS 6957/DI 144 8
315	315	1 (c) (b) When a petition is filed under subsection (a) or (b) for
316	316	2 nomination to an office whose election district is in more than one (1)
317	317	3 county, the circuit court clerk or board of registration shall examine the
318	318	4 voter registration records of each county in the election district to
319	319	5 determine if each petitioner is eligible to vote for the candidates being
320	320	6 nominated by the petition.
321	321	7 SECTION 12. IC 3-8-7-11, AS AMENDED BY P.L.227-2023,
322	322	8 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
323	323	9 JULY 1, 2024]: Sec. 11. (a) Except as provided in subsection (f), if a
324	324	10 political party has filed a statement with the election division (or any
325	325	11 of its predecessors) that the device selected by the political party be
326	326	12 used to designate the candidates of the political party on the ballot for
327	327	13 all elections throughout the state, the device must be used until:
328	328	14 (1) the device is changed in accordance with party rules; and
329	329	15 (2) a statement concerning the use of the new device is filed with
330	330	16 the election division.
331	331	17 (b) Except as provided in subsection (c), the device may be any
332	332	18 appropriate symbol.
333	333	19 (c) A political party may not use any of the following as a device:
334	334	20 (1) A symbol that has previously been filed by a political party
335	335	21 with the election division (or any of its predecessors).
336	336	22 (2) The coat of arms or seal of the state or of the United States.
337	337	23 (3) The national or state flag.
338	338	24 (4) Any other emblem common to the people.
339	339	25 (d) Not later than noon on the date specified under section 16 of this
340	340	26 chapter for the certification of candidates and public questions by the
341	341	27 election division, the election division shall provide each county
342	342	28 election board with a camera-ready copy of the device under which the
343	343	29 candidates of the political party or the petitioner are to be listed so that
344	344	30 ballots may be prepared using the best possible reproduction of the
345	345	31 device.
346	346	32 (e) This subsection applies to a political party whose device is not
347	347	33 filed with the election division under subsection (a) and is to be printed
348	348	34 only on ballots to identify candidates for election to a local office. Not
349	349	35 later than noon on the date specified under section 16 of this chapter
350	350	36 for the certification of candidates and public questions by the election
351	351	37 division, the chairman of the political party or the petitioner of
352	352	38 nomination shall file a camera-ready copy of the device under which
353	353	39 the candidates of the political party or the petitioner are to be listed
354	354	40 with the county election board of each county in which the name of the
355	355	41 candidate or party will be placed on the ballot. The county election
356	356	42 board shall provide the camera-ready copy of the device to the town
357	357	2024 IN 1250—LS 6957/DI 144 9
358	358	1 election board of a town located wholly or partially within the county
359	359	2 upon request by the town election board.
360	360	3 (f) If a copy of the device is not filed in accordance with subsection
361	361	4 (a) or (e), or unless a device is designated in accordance with section
362	362	5 26 or 27 of this chapter, the county election board or town election
363	363	6 board is not required to use any device to designate the list of
364	364	7 candidates.
365	365	8 (g) If a device is filed with the election division or an election board
366	366	9 after the commencement of printing of ballots for use at an election
367	367	10 conducted under this title, the election board responsible for printing
368	368	11 the ballots is not required to alter the ballots to include the device filed
369	369	12 under this subsection.
370	370	13 SECTION 13. IC 3-10-6.5-1, AS ADDED BY P.L.107-2020,
371	371	14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
372	372	15 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), this
373	373	16 chapter applies only to the following municipalities:
374	374	17 (1) a town with a population of more than three thousand four
375	375	18 hundred forty-nine (3,449).
376	376	19 (2) A city with a population of less than three thousand five
377	377	20 hundred (3,500).
378	378	21 (b) This chapter does not apply to a municipality located wholly or
379	379	22 partially in a county having a consolidated city.
380	380	23 SECTION 14. IC 3-10-6.5-5, AS ADDED BY P.L.107-2020,
381	381	24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
382	382	25 JULY 1, 2024]: Sec. 5. If a municipality adopts an ordinance under
383	383	26 section 3 of this chapter, the elected officers of the municipality shall
384	384	27 be elected under IC 3-10-6 or IC 3-10-7: IC 3-10-7.5:
385	385	28 (1) whichever is applicable to the municipality; and
386	386	29 (2) to the extent either of those statutes is not inconsistent with
387	387	30 this chapter.
388	388	31 SECTION 15. IC 3-10-6.5-6, AS ADDED BY P.L.107-2020,
389	389	32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
390	390	33 JULY 1, 2024]: Sec. 6. (a) This section does not apply to a town or
391	391	34 city with a population of less than three thousand five hundred
392	392	35 (3,500) that adopted an ordinance under this chapter before July
393	393	36 1, 2024.
394	394	37 (b) An ordinance adopted under this chapter:
395	395	38 (1) may not be repealed earlier than twelve (12) years after the
396	396	39 ordinance was adopted under section 3 of this chapter; and
397	397	40 (2) may be repealed only in a year preceding a municipal election
398	398	41 year.
399	399	42 SECTION 16. IC 3-10-7 IS REPEALED [EFFECTIVE JULY 1,
400	400	2024 IN 1250—LS 6957/DI 144 10
401	401	1 2024]. (Municipal Elections in Small Towns Located Outside Marion
402	402	2 County).
403	403	3 SECTION 17. IC 3-10-7.5 IS ADDED TO THE INDIANA CODE
404	404	4 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
405	405	5 JULY 1, 2024]:
406	406	6 Chapter 7.5. Municipal Elections in Certain Small Towns and
407	407	7 Small Cities
408	408	8 Sec. 1. (a) This chapter applies to a town or city with a
409	409	9 population of less than three thousand five hundred (3,500).
410	410	10 (b) Except as provided in section 4 of this chapter, this chapter
411	411	11 does not apply to a municipality that is located entirely or partially
412	412	12 within a county having a consolidated city.
413	413	13 (c) Prison inmates may not be counted in determining
414	414	14 population sizes for purposes of this chapter.
415	415	15 Sec. 2. Municipal elections may be held only:
416	416	16 (1) in an even-numbered year; and
417	417	17 (2) at the same time as a primary or general election.
418	418	18 Sec. 3. (a) The county election board shall conduct elections for
419	419	19 municipal offices or on public questions submitted to the voters of
420	420	20 the municipality in the same manner that it conducts a general
421	421	21 election under IC 3-10-6.
422	422	22 (b) The county election board shall perform for an election
423	423	23 described in subsection (a) all of the duties that a town election
424	424	24 board was required to perform under IC 3-10-7 (before its repeal).
425	425	25 (c) A municipality is not required to reimburse the county for
426	426	26 any of the expenses of conducting an election held in an
427	427	27 even-numbered year at the same time as the primary or general
428	428	28 election.
429	429	29 Sec. 4. The county election board shall conduct a municipal
430	430	30 election in a town that is located in a county having a consolidated
431	431	31 city. The county election board shall conduct the municipal election
432	432	32 in the same manner as it conducts a consolidated city election.
433	433	33 However, a town that is subject to this section is not required to
434	434	34 reimburse the county for any of the expenses of conducting a
435	435	35 municipal election.
436	436	36 Sec. 5. The county election board shall conduct all special
437	437	37 elections for a municipality. The county election board shall
438	438	38 perform for the special election all of the duties that a town election
439	439	39 board was required to perform for a special election under
440	440	40 IC 3-10-7 (before its repeal).
441	441	41 Sec. 6. (a) This section does not apply to a town located entirely
442	442	42 or partially within a county having a consolidated city unless the
443	443	2024 IN 1250—LS 6957/DI 144 11
444	444	1 town has a population of more than one thousand (1,000) and less
445	445	2 than one thousand four hundred (1,400).
446	446	3 (b) A town may adopt an ordinance under IC 3-10-6-2.5, if the
447	447	4 town has not adopted an ordinance under IC 18-3-1-16(b) (before
448	448	5 its repeal on September 1, 1981) or P.L.13-1982, SECTION 3
449	449	6 (before its expiration on January 1, 1988).
450	450	7 Sec. 7. (a) This section applies to:
451	451	8 (1) a municipality described in section 1 of this chapter; and
452	452	9 (2) an elected office for which an election is scheduled to occur
453	453	10 at the municipal election on November 2, 2027.
454	454	11 (b) The election for an office described in subsection (a) must be
455	455	12 held on November 7, 2028.
456	456	13 (c) The term of office for an individual elected under subsection
457	457	14 (b) begins at noon January 1, 2029.
458	458	15 (d) Notwithstanding any other law, an individual who holds an
459	459	16 elected office described in subsection (a) whose term of office was,
460	460	17 as of June 30, 2024, scheduled to expire following the municipal
461	461	18 election on November 2, 2027, is entitled to remain in office until
462	462	19 a successor:
463	463	20 (1) is elected under subsection (b) and qualified; and
464	464	21 (2) begins the successor's term of office under subsection (c).
465	465	22 (e) If an individual does not remain in office in the manner
466	466	23 described in subsection (d), a vacancy is created. The vacancy must
467	467	24 be filled in the manner required under IC 3-13. An individual who
468	468	25 fills a vacancy under this subsection is entitled to remain in office
469	469	26 until a successor:
470	470	27 (1) is elected under subsection (b) and qualified; and
471	471	28 (2) begins the successor's term of office under subsection (c).
472	472	29 A subsequent vacancy for the same office that occurs prior to noon
473	473	30 January 1, 2029, must be filled in the manner described by this
474	474	31 subsection.
475	475	32 (f) This section expires July 1, 2030.
476	476	33 SECTION 18. IC 3-10-8-4, AS AMENDED BY P.L.227-2023,
477	477	34 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
478	478	35 JULY 1, 2024]: Sec. 4. (a) Each circuit court clerk who is required to
479	479	36 conduct a special election under Indiana law or receives a writ ordering
480	480	37 a special election shall publish in accordance with IC 5-3-1 the
481	481	38 following information:
482	482	39 (1) Under the proper political party or independent candidate
483	483	40 designation:
484	484	41 (A) the title of office; and
485	485	42 (B) the names and addresses of all candidates who have filed
486	486	2024 IN 1250—LS 6957/DI 144 12
487	487	1 for election to the office, except for an individual with a
488	488	2 restricted address under IC 36-1-8.5;
489	489	3 if an elected office will be on the ballot at the special election.
490	490	4 (2) The text of any public question to be submitted to the voters.
491	491	5 (3) The date of the election.
492	492	6 (4) The hours during which the polls will be open.
493	493	7 (5) The dates, times, and locations of voting at the circuit court
494	494	8 clerk's office and at satellite offices under IC 3-11-10-26.
495	495	9 (b) The county election board or town election board shall file a
496	496	10 notice of a special election conducted under this chapter with the
497	497	11 election division not later than noon seven (7) days after publishing the
498	498	12 notice under subsection (a).
499	499	13 SECTION 19. IC 3-10-9-2 IS AMENDED TO READ AS
500	500	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. The
501	501	15 (1) county election board of each county included in the election
502	502	16 district voting on the public question or
503	503	17 (2) town election board if a public question is to be voted on at an
504	504	18 election conducted by a town election board;
505	505	19 shall place the public question on the ballot in accordance with this
506	506	20 chapter.
507	507	21 SECTION 20. IC 3-11-10-26.5, AS AMENDED BY P.L.109-2021,
508	508	22 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
509	509	23 JULY 1, 2024]: Sec. 26.5. (a) This section applies to:
510	510	24 (1) a municipal election;
511	511	25 (2) a primary conducted in a municipal election year; and
512	512	26 (3) a special election conducted under IC 3-10-8 and that is not
513	513	27 conducted at the same time as any other election.
514	514	28 (b) Notwithstanding section 26 of this chapter or IC 3-11-18.1-4 in
515	515	29 a vote center county, a county election board (or a town election board
516	516	30 acting under IC 3-10-7) may adopt a resolution or an amendment to a
517	517	31 county vote center plan by the unanimous vote of the board's entire
518	518	32 membership stating that voters are entitled to vote by absentee ballot
519	519	33 before an absentee voter board in the office of the circuit court clerk or
520	520	34 town election board during specific days and hours identified in the
521	521	35 resolution.
522	522	36 (c) If the election board adopts a resolution or an amendment under
523	523	37 subsection (b), the board must include written findings of fact in the
524	524	38 resolution or amendment stating:
525	525	39 (1) the number of absentee ballot applications anticipated or
526	526	40 previously received for the election;
527	527	41 (2) the expense to be incurred by providing absentee ballot voting
528	528	42 in the office during the entire period required under section 26 of
529	529	2024 IN 1250—LS 6957/DI 144 13
530	530	1 this chapter; and
531	531	2 (3) that voters would experience little or no inconvenience by
532	532	3 restricting absentee ballot voting in the office to the days and
533	533	4 hours specified in the resolution or amendment.
534	534	5 SECTION 21. IC 3-11-18.1-5, AS AMENDED BY P.L.141-2023,
535	535	6 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
536	536	7 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsections
537	537	8 subsection (b), and (c), a plan must provide a vote center for use by
538	538	9 voters residing within the county for use in a primary election, general
539	539	10 election, special election, municipal primary, or municipal election
540	540	11 conducted on or after the effective date of the county election board's
541	541	12 order.
542	542	13 (b) A plan may provide that a vote center will not be used in a
543	543	14 municipal election conducted in 2023, 2027, 2031, 2035, 2039, 2043,
544	544	15 and every four (4) years thereafter for some or all of the towns:
545	545	16 (1) located within the county; and
546	546	17 (2) having a population of less than three thousand five hundred
547	547	18 (3,500).
548	548	19 (c) This section does not apply in a town that has established a town
549	549	20 election board under IC 3-10-7-5.7 while the resolution established
550	550	21 under IC 3-10-7-5.7 is in effect.
551	551	22 SECTION 22. IC 3-12-5-2 IS AMENDED TO READ AS
552	552	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Whenever a
553	553	24 candidate is elected:
554	554	25 (1) to a local or school board office other than
555	555	26 (A) one for which a town clerk-treasurer issues a certificate of
556	556	27 election under IC 3-10-7-34; or
557	557	28 (B) one commissioned by the governor under IC 4-3-1-5; or
558	558	29 (2) a precinct committeeman or state convention delegate;
559	559	30 the circuit court clerk shall, when permitted under section 16 of this
560	560	31 chapter, prepare and deliver to the candidate on demand a certificate
561	561	32 of the candidate's election.
562	562	33 (b) This subsection applies to a local or school board office
563	563	34 described in subsection (a) with an election district located in more
564	564	35 than one (1) county and a local public question placed on the ballot in
565	565	36 more than one (1) county. The circuit court clerk of the county that
566	566	37 contains the greatest percentage of the population of the election
567	567	38 district shall, upon demand of the candidate or a person entitled to
568	568	39 request a recount of the votes cast on a public question under
569	569	40 IC 3-12-12:
570	570	41 (1) obtain the certified statement of the votes cast for that office
571	571	42 or on that question that was prepared under IC 3-12-4-9 from the
572	572	2024 IN 1250—LS 6957/DI 144 14
573	573	1 circuit court clerk in each other county in which the election
574	574	2 district is located;
575	575	3 (2) tabulate the total votes cast for that office or on that question
576	576	4 as shown on the certified statement of each county in the election
577	577	5 district; and
578	578	6 (3) issue a certificate of election to the candidate when permitted
579	579	7 under section 16 of this chapter or a certificate declaring the local
580	580	8 public question approved or rejected.
581	581	9 SECTION 23. IC 3-12-6-31 IS AMENDED TO READ AS
582	582	10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. (a) The circuit court
583	583	11 clerk shall transmit the certificate prepared under section 30 of this
584	584	12 chapter to the election division, the county election board or other
585	585	13 public official authorized by this title to issue:
586	586	14 (1) a certificate of nomination under IC 3-8-7;
587	587	15 (2) a certificate of election under IC 3-10-7-34 or IC 3-12-5-2; or
588	588	16 (3) a commission for the office under IC 4-3-1-5.
589	589	17 (b) The election division shall provide a copy of a certificate
590	590	18 transmitted to the election division under this section to the office.
591	591	19 SECTION 24. IC 3-12-11-25, AS AMENDED BY P.L.233-2015,
592	592	20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
593	593	21 JULY 1, 2024]: Sec. 25. (a) Except as provided in subsection (b),
594	594	22 whenever the commission makes a final determination under section
595	595	23 18 of this chapter that the candidate who is subject to a contest
596	596	24 proceeding is not eligible to serve in the office to which the candidate
597	597	25 is nominated or elected, the candidate who received the second highest
598	598	26 number of votes for the office is entitled to a certificate of nomination
599	599	27 or certificate of election even though a certificate may have been issued
600	600	28 to another candidate upon the tabulation of the votes.
601	601	29 (b) This subsection applies to a contest proceeding for a state office
602	602	30 other than the offices of governor, lieutenant governor, justice of the
603	603	31 supreme court, judge of the court of appeals, and judge of the tax court.
604	604	32 Whenever the commission makes a final determination under section
605	605	33 18(b) of this chapter that the candidate who is subject to a contest
606	606	34 proceeding is not eligible to serve in the office to which the candidate
607	607	35 is elected the following apply:
608	608	36 (1) This subdivision does not apply to the filling of a state office
609	609	37 following a contest proceeding or court action that resulted from
610	610	38 an election held before January 1, 2011. The office is considered
611	611	39 vacant, and the governor shall fill the vacancy as provided in
612	612	40 IC 3-13-4-3(e) by the appointment of a person of the same
613	613	41 political party as the candidate who is not eligible to serve.
614	614	42 (2) The commission's determination that the candidate is not
615	615	2024 IN 1250—LS 6957/DI 144 15
616	616	1 eligible to serve in the office does not affect the votes cast for the
617	617	2 candidate for purposes of determining the number or percentage
618	618	3 of votes cast for purposes of other statutes, including IC 3-5-2-30,
619	619	4 IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7, IC 3-6-6-8, IC 3-6-7-1,
620	620	5 IC 3-6-8-1, IC 3-8-4, IC 3-8-6, IC 3-10-1-2, IC 3-10-2-15,
621	621	6 IC 3-10-4-2, IC 3-10-6, IC 3-10-7-26, IC 3-10-7.5, IC 3-11-2-6,
622	622	7 IC 3-11-13-11, IC 3-11-14-3.5, IC 3-13-9-4.5, IC 6-9-2-3, and
623	623	8 IC 36-4-1.5-2.
624	624	9 SECTION 25. IC 5-4-1-2, AS AMENDED BY P.L.55-2022,
625	625	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
626	626	11 JULY 1, 2024]: Sec. 2. (a) The oath required by section 1 of this
627	627	12 chapter, except in the case of a notary public or in those cases specified
628	628	13 in section 3 of this chapter, shall be endorsed on or attached to the:
629	629	14 (1) commission;
630	630	15 (2) certificate if a certificate was issued under IC 3-10-7-34,
631	631	16 IC 3-12-4 or IC 3-12-5; or
632	632	17 (3) certificate of appointment pro tempore under IC 3-13-11-11;
633	633	18 signed by the person taking the oath, and certified to by the officer
634	634	19 before whom the oath was taken, who shall also deliver to the person
635	635	20 taking the oath a copy of the oath.
636	636	21 (b) A copy of the oath of office of a prosecuting attorney shall be
637	637	22 attached to the commission of the prosecuting attorney.
638	638	23 SECTION 26. IC 33-35-1-1, AS AMENDED BY P.L.141-2023,
639	639	24 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
640	640	25 JULY 1, 2024]: Sec. 1. (a) During 2026, 2030, 2034, 2038, 2042, and
641	641	26 every fourth year after that, a second or third class city or a town may
642	642	27 by ordinance establish or abolish a city or town court. An ordinance to
643	643	28 establish a city or town court must be adopted not less than one (1) year
644	644	29 before the judge's term would begin under section 3 of this chapter.
645	645	30 (b) Except as provided in subsection (c), the judge for a court
646	646	31 established under subsection (a) shall be elected under IC 3-10-6 or
647	647	32 IC 3-10-7 at the municipal election in November 2023, 2027, 2031,
648	648	33 2035, 2039, 2043, and every four (4) years thereafter.
649	649	34 (c) This subsection applies to a small city or small town
650	650	35 described in IC 3-10-7.5-1. The judge for a court established under
651	651	36 subsection (a) shall be elected under IC 3-10-7.5 at the election in
652	652	37 November 2028, 2032, 2036, 2040, 2044, 2048, and every four (4)
653	653	38 years thereafter.
654	654	39 (c) (d) A court established under subsection (a) comes into
655	655	40 existence on January 1 of the year following the year in which a judge
656	656	41 is elected to serve in that court.
657	657	42 (d) (e) A city or town court in existence on January 1, 1986, may
658	658	2024 IN 1250—LS 6957/DI 144 16
659	659	1 continue in operation until it is abolished by ordinance.
660	660	2 (e) (f) A city or town that establishes or abolishes a court under this
661	661	3 section shall give notice of its action to the following:
662	662	4 (1) The office of judicial administration under IC 33-24-6.
663	663	5 (2) The secretary of state.
664	664	6 (3) The circuit court clerk of the county in which the greatest
665	665	7 population of the city or town resides.
666	666	8 SECTION 27. IC 33-35-1-3, AS AMENDED BY P.L.109-2015,
667	667	9 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
668	668	10 JULY 1, 2024]: Sec. 3. (a) The judge of a city or town court shall be
669	669	11 elected under IC 3-10-6 or IC 3-10-7 IC 3-10-7.5 by the voters of the
670	670	12 city or town.
671	671	13 (b) Except as provided in subsections subsection (c), (d), and (e),
672	672	14 the term of office of a judge elected under this section is four (4) years,
673	673	15 beginning at noon January 1 after election and continuing until a
674	674	16 successor is elected and qualified.
675	675	17 (c) This subsection applies to a town that adopts an ordinance under
676	676	18 IC 3-10-6-2.6. The term of office of:
677	677	19 (1) a judge elected at the next municipal election not conducted
678	678	20 in a general election year is one (1) year; and
679	679	21 (2) the successors to the judge described in subdivision (1) is four
680	680	22 (4) years;
681	681	23 beginning at noon January 1 after election and continuing until a
682	682	24 successor is elected and qualified.
683	683	25 (d) This subsection applies to a town that adopts an ordinance under
684	684	26 IC 3-10-7-2.7. The term of office of:
685	685	27 (1) a judge elected at the next municipal election not conducted
686	686	28 in a general election year is three (3) years; and
687	687	29 (2) the successors to the judge described in subdivision (1) is four
688	688	30 (4) years;
689	689	31 beginning noon January 1 after election and continuing until a
690	690	32 successor is elected and qualified.
691	691	33 (e) This subsection applies to a town that adopts an ordinance under
692	692	34 IC 3-10-7-2.9. The term of office of:
693	693	35 (1) a judge elected in the first election cycle after adoption of the
694	694	36 ordinance is the term of office provided by the ordinance, not to
695	695	37 exceed four (4) years; and
696	696	38 (2) the successors of the judge described in subdivision (1) is four
697	697	39 (4) years.
698	698	40 (f) (d) Before beginning the duties of office, the judge shall, in the
699	699	41 manner prescribed by IC 5-4-1, execute a bond conditioned upon the
700	700	42 faithful discharge of the duties of office.
701	701	2024 IN 1250—LS 6957/DI 144 17
702	702	1 SECTION 28. IC 33-35-3-1 IS AMENDED TO READ AS
703	703	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The officers of a
704	704	3 city court are a:
705	705	4 (1) judge;
706	706	5 (2) clerk; and
707	707	6 (3) bailiff.
708	708	7 However, in third class cities, the judge may act as clerk and perform
709	709	8 all duties of the clerk of the court or appoint a clerk of the court. If the
710	710	9 judge does not act as clerk of the court or appoint a clerk of the court,
711	711	10 the city clerk-treasurer elected under IC 3-10-6 shall perform the duties
712	712	11 of the clerk of the city court.
713	713	12 (b) The clerk is an officer of a town court. The judge of a town court
714	714	13 may act as clerk and perform all duties of the clerk of the court or
715	715	14 appoint a clerk of the court. If the judge does not act as a clerk of the
716	716	15 court or appoint a clerk of the court, the town clerk-treasurer elected
717	717	16 under IC 3-10-6 or IC 3-10-7 IC 3-10-7.5 shall perform the duties of
718	718	17 the clerk of the town court.
719	719	18 (c) The clerk and bailiff may not receive any fees or compensation
720	720	19 other than their salaries.
721	721	20 SECTION 29. IC 36-1.5-4-35 IS REPEALED [EFFECTIVE JULY
722	722	21 1, 2024]. Sec. 35. (a) This section applies to an initial election:
723	723	22 (1) of the members of a governing body or officers that are
724	724	23 elected by the voters for a reorganized political subdivision that:
725	725	24 (A) is a town; and
726	726	25 (B) has town boundaries that encompass part of another town
727	727	26 that was part of the reorganization;
728	728	27 (2) that is conducted before the reorganization takes effect; and
729	729	28 (3) to which IC 3-10-7-1 applies.
730	730	29 (b) The members of each precinct board shall be jointly appointed
731	731	30 by the town election boards of each of the reorganizing political
732	732	31 subdivisions.
733	733	32 SECTION 30. IC 36-5-2-2 IS AMENDED TO READ AS
734	734	33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. The town council
735	735	34 elected under IC 3-10-6 or IC 3-10-7 IC 3-10-7.5 is the town
736	736	35 legislative body. The president of the town council selected under
737	737	36 section 7 of this chapter is the town executive.
738	738	37 SECTION 31. IC 36-5-2-3, AS AMENDED BY P.L.109-2015,
739	739	38 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
740	740	39 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), (c),
741	741	40 (d), or (e), (f), or (g), the term of office of a member of the legislative
742	742	41 body is four (4) years, beginning at noon January 1 after the member's
743	743	42 election and continuing until the member's successor is elected and
744	744	2024 IN 1250—LS 6957/DI 144 18
745	745	1 qualified.
746	746	2 (b) The term of office of a member of the legislative body appointed
747	747	3 to fill a vacancy resulting from an increase in the number of town
748	748	4 legislative body members under section 4.2 of this chapter:
749	749	5 (1) begins when the ordinance increasing the number of
750	750	6 legislative body members takes effect, or when the member is
751	751	7 appointed under IC 3-13-9-4, if the appointment is made after the
752	752	8 ordinance takes effect; and
753	753	9 (2) continues until noon January 1 following the next municipal
754	754	10 election scheduled under IC 3-10-6-5 or IC 3-10-7-6 IC 3-10-7.5
755	755	11 and until the member's successor is elected and qualified.
756	756	12 (c) The term of office of a member of the legislative body elected
757	757	13 under IC 36-5-1-10.1 following the incorporation of the town:
758	758	14 (1) begins at noon November 30 following the election; and
759	759	15 (2) continues until noon January 1 following the next municipal
760	760	16 election scheduled under IC 3-10-6-5 or IC 3-10-7-6 IC 3-10-7.5
761	761	17 and until the member's successor is elected and qualified.
762	762	18 (d) The term of office of a member of the legislative body subject
763	763	19 to IC 3-10-6-2.5(d)(1) is three (3) years, beginning at noon January 1
764	764	20 after the member's election and continuing until the member's
765	765	21 successor is elected and qualified.
766	766	22 (e) The term of office of a member of a legislative body subject to
767	767	23 an ordinance described by IC 3-10-6-2.6 is one (1) year, beginning at
768	768	24 noon January 1 after the member's election and continuing until the
769	769	25 member's successor is elected and qualified.
770	770	26 (f) The term of office of a member of a legislative body subject to
771	771	27 an ordinance described by IC 3-10-7-2.7 is:
772	772	28 (1) three (3) years if the member is elected at the next municipal
773	773	29 election not conducted in a general election year; and
774	774	30 (2) four (4) years for the successors of a member of a legislative
775	775	31 body described in subdivision (1);
776	776	32 beginning noon January 1 after election and continuing until a
777	777	33 successor is elected and qualified.
778	778	34 (g) The term of office of a member of a legislative body subject to
779	779	35 an ordinance described by IC 3-10-7-2.9 is:
780	780	36 (1) the term of office provided by the ordinance, not to exceed
781	781	37 four (4) years, for a member of the legislative body elected in the
782	782	38 first election cycle after adoption of the ordinance; and
783	783	39 (2) four (4) years for the successors of the member of a legislative
784	784	40 body described in subdivision (1).
785	785	41 SECTION 32. IC 36-5-2-4.1, AS AMENDED BY P.L.169-2022,
786	786	42 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
787	787	2024 IN 1250—LS 6957/DI 144 19
788	788	1 JULY 1, 2024]: Sec. 4.1. (a) The legislative body may, by ordinance,
789	789	2 divide the town into districts for the purpose of conducting elections of
790	790	3 town officers.
791	791	4 (b) A town legislative body district must comply with the following
792	792	5 standards:
793	793	6 (1) The district must be composed of contiguous territory, except
794	794	7 for territory that is not contiguous to any other part of the town.
795	795	8 (2) The district must be reasonably compact.
796	796	9 (3) The district must contain, as nearly as is possible, equal
797	797	10 population.
798	798	11 (4) The district may not cross a census block boundary except
799	799	12 when following a precinct boundary line or unless the ordinance
800	800	13 specifies that the census block has no population and is not likely
801	801	14 to have population before the effective date of the next federal
802	802	15 decennial census.
803	803	16 (5) The district may not cross precinct lines, except as provided
804	804	17 in subsection (c).
805	805	18 (c) The boundary of a town legislative body district established
806	806	19 under subsection (a) may cross a precinct boundary line if:
807	807	20 (1) the legislative body provides by ordinance under section 5 of
808	808	21 this chapter that all legislative body members are to be elected at
809	809	22 large by the voters of the whole town; or
810	810	23 (2) the district would not otherwise contain, as nearly as is
811	811	24 possible, equal population.
812	812	25 (d) If any territory in the town is not included in one (1) of the
813	813	26 districts established under this section, the territory is included in the
814	814	27 district that:
815	815	28 (1) is contiguous to that territory; and
816	816	29 (2) contains the least population of all districts contiguous to that
817	817	30 territory.
818	818	31 (e) The ordinance may be appealed in the manner prescribed by
819	819	32 IC 34-13-6. If the town is located in two (2) or more counties, the
820	820	33 appeal may be filed in the circuit or superior court of any of those
821	821	34 counties.
822	822	35 (f) This subsection does not apply to a town with an ordinance
823	823	36 described by subsection (g). Except as provided in subsection (j), the
824	824	37 division permitted by subsection (a) shall be made only at times
825	825	38 permitted under IC 3-5-10.
826	826	39 (g) This subsection applies to a town having a population of less
827	827	40 than three thousand five hundred (3,500). The town legislative body
828	828	41 may adopt an ordinance providing that:
829	829	42 (1) town legislative body districts are abolished; and
830	830	2024 IN 1250—LS 6957/DI 144 20
831	831	1 (2) all members of the legislative body are elected at large.
832	832	2 (h) An ordinance described by subsection (g):
833	833	3 (1) may not be adopted or repealed during a year in which a
834	834	4 municipal election is scheduled to be conducted in the town under
835	835	5 IC 3-10-6 or IC 3-10-7; IC 3-10-7.5; and
836	836	6 (2) is effective upon passage.
837	837	7 (i) A copy of the ordinance establishing districts or a recertification
838	838	8 under this section must be filed with the circuit court clerk of the
839	839	9 county that contains the greatest population of the town not later than
840	840	10 thirty (30) days after the ordinance or recertification is adopted. The
841	841	11 filing must include a map of the district boundaries:
842	842	12 (1) adopted under subsection (a); or
843	843	13 (2) recertified under subsection (j).
844	844	14 (j) If the legislative body determines that a division under subsection
845	845	15 (a) is not required, the legislative body shall adopt an ordinance
846	846	16 recertifying that the districts as drawn comply with this section.
847	847	17 (k) The limitations set forth in this section are part of the ordinance,
848	848	18 but do not have to be specifically set forth in the ordinance. The
849	849	19 ordinance must be construed, if possible, to comply with this chapter.
850	850	20 If a provision of the ordinance or an application of the ordinance
851	851	21 violates this chapter, the invalidity does not affect the other provisions
852	852	22 or applications of the ordinance that can be given effect without the
853	853	23 invalid provision or application. The provisions of the ordinance are
854	854	24 severable.
855	855	25 (l) This subsection applies to a town having a population of less than
856	856	26 three thousand five hundred (3,500). If the town legislative body has
857	857	27 not:
858	858	28 (1) adopted an ordinance under subsection (a) and subject to
859	859	29 subsection (f) after December 31, 2011; or
860	860	30 (2) adopted an ordinance recertifying districts under subsection
861	861	31 (j) after December 31, 2011;
862	862	32 the town legislative body districts are abolished, effective January 1,
863	863	33 2018. A town described by this subsection may adopt an ordinance to
864	864	34 establish town legislative body districts in accordance with subsection
865	865	35 (a) and subject to subsection (f) after January 1, 2018.
866	866	36 (m) IC 3-5-10 applies to a plan established under this section.
867	867	37 SECTION 33. IC 36-5-6-3, AS AMENDED BY P.L.56-2022,
868	868	38 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
869	869	39 JULY 1, 2024]: Sec. 3. (a) The clerk-treasurer must reside within the
870	870	40 town as provided in Article 6, Section 6 of the Constitution of the State
871	871	41 of Indiana. The clerk-treasurer forfeits office if the clerk-treasurer
872	872	42 ceases to be a resident of the town. An individual who resides in
873	873	2024 IN 1250—LS 6957/DI 144 21
874	874	1 territory that is annexed by the town before the election is considered
875	875	2 a resident of the town for purposes of this subsection, even if the
876	876	3 annexation took effect less than one (1) year before the election.
877	877	4 (b) Except as provided in subsection (c) or (d), (e), or (f), the term
878	878	5 of office of the clerk-treasurer is four (4) years, beginning at noon
879	879	6 January 1 after election and continuing until a successor is elected and
880	880	7 qualified.
881	881	8 (c) The term of office of a clerk-treasurer elected under
882	882	9 IC 36-5-1-10.1 following the incorporation of the town:
883	883	10 (1) begins at noon November 30 following the election; and
884	884	11 (2) continues until noon January 1 following the next municipal
885	885	12 election scheduled under IC 3-10-6-5 or IC 3-10-7-6 IC 3-10-7.5
886	886	13 and until the clerk-treasurer's successor is elected and qualified.
887	887	14 (d) The term of office of a clerk-treasurer subject to an ordinance
888	888	15 described by IC 3-10-6-2.6 is:
889	889	16 (1) one (1) year if the clerk-treasurer is elected at the next
890	890	17 municipal election not conducted in a general election year; and
891	891	18 (2) four (4) years for the successors of the clerk-treasurer
892	892	19 described in subdivision (1);
893	893	20 beginning at noon January 1 after the clerk-treasurer's election and
894	894	21 continuing until the clerk-treasurer's successor is elected and qualified.
895	895	22 (e) The term of office of a clerk-treasurer subject to an ordinance
896	896	23 described by IC 3-10-7-2.7 is:
897	897	24 (1) three (3) years if the clerk-treasurer is elected at the next
898	898	25 municipal election not conducted in a general election year; and
899	899	26 (2) four (4) years for the successors of the clerk-treasurer
900	900	27 described in subdivision (1);
901	901	28 beginning noon January 1 after the clerk-treasurer's election and
902	902	29 continuing until the clerk-treasurer's successor is elected and qualified.
903	903	30 (f) The term of office of a clerk-treasurer subject to an ordinance
904	904	31 described by IC 3-10-7-2.9 is:
905	905	32 (1) the term of office provided by the ordinance, not to exceed
906	906	33 four (4) years, for the clerk-treasurer elected in the first election
907	907	34 cycle after adoption of the ordinance; and
908	908	35 (2) four (4) years for the successors of the clerk-treasurer
909	909	36 described in subdivision (1).
910	910	37 SECTION 34. IC 36-5-6-4 IS AMENDED TO READ AS
911	911	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The clerk-treasurer
912	912	39 shall be elected under IC 3-10-6 or IC 3-10-7 IC 3-10-7.5 by the voters
913	913	40 of the whole town.
914	914	2024 IN 1250—LS 6957/DI 144