Introduced Version
HOUSE BILL No. 1250
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5; IC 3-6; IC 3-8; IC 3-10; IC 3-11; IC 3-12;
IC 5-4-1-2; IC 33-35; IC 36-1.5-4-35; IC 36-5.
Synopsis: Elections in small cities and towns. Repeals provisions
concerning municipal elections in small towns located outside Marion
County, including provisions that allow for the creation of a town
election board. Provides that a municipal election in a certain town or
city with a population of less than 3,500 may be held only in an
even-numbered year and only at the same time as a primary or general
election. Requires the county election board to conduct the elections.
Specifies that an officeholder in a municipality whose term was
scheduled to expire on November 2, 2027, is entitled to remain in
office until a successor is elected on November 7, 2028, qualified, and
begins the successor's term on January 1, 2029. Makes conforming
amendments.
Effective: July 1, 2024.
Criswell
January 9, 2024, read first time and referred to Committee on Elections and
Apportionment.
2024 IN 1250—LS 6957/DI 144 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1250
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-3-8, AS AMENDED BY P.L.74-2017,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (b),
4 During the period that begins ninety (90) days before a municipal
5 primary election and continues until the day after the following
6 municipal election, all expenses of the primary election and election
7 that cannot be chargeable directly to any municipality shall be
8 apportioned as follows:
9 (1) Twenty-five percent (25%) to the county.
10 (2) Seventy-five percent (75%) to the municipalities in the county
11 holding the municipal primary election and municipal election.
12 (b) The apportionment made under subsection (a) does not apply to
13 a town that has entered into an agreement with the county under
14 IC 3-10-7-4 to pay the county a fixed amount for the expenses
15 described in subsection (a).
16 (c) (b) This subsection applies to a county that is designated as a
17 vote center county under IC 3-11-18.1. During the period that begins
2024 IN 1250—LS 6957/DI 144 2
1 ninety (90) days before a municipal primary election and continues
2 until the day after the following municipal election, all expenses
3 incurred by the county in conducting the municipal primary election
4 and municipal election shall be apportioned among the municipalities
5 in the county holding a municipal primary and municipal election.
6 SECTION 2. IC 3-5-3-9, AS AMENDED BY P.L.74-2017,
7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 9. (a) Except as provided in subsections (c) and
9 (d), subsection (c), whenever more than one (1) municipality in a
10 county conducts a municipal primary election, the seventy-five percent
11 (75%) of expenses that cannot be chargeable directly to any particular
12 municipality under section 8 of this chapter shall be apportioned to
13 each municipality in the same ratio that the number of voters who cast
14 a ballot in the municipality at the municipal primary election bears to
15 the total number of voters who cast a ballot in all of the municipalities
16 in the county at that municipal primary election.
17 (b) Except as provided in subsections (c) and (d), subsection (c),
18 whenever more than one (1) municipality in a county conducts a
19 municipal election, the seventy-five percent (75%) of expenses that are
20 not chargeable directly to any particular municipality under section 8
21 of this chapter must be apportioned to each municipality in the same
22 ratio that the number of voters who cast a ballot in the municipality at
23 the municipal election bears to the total number of voters who cast a
24 ballot in all of the municipalities in the county that conducted a
25 municipal election.
26 (c) The apportionment made under subsection (a) does not apply to
27 a town that has entered into an agreement with the county under
28 IC 3-10-7-4 to pay the county a fixed amount for the expenses
29 described in subsection (a).
30 (d) (c) This subsection
31 (1) applies to a county designated as a vote center county under
32 IC 3-11-18.1. and
33 (2) does not apply to a town that has entered into an agreement
34 with the county under IC 3-10-7-4 to pay the county a fixed
35 amount for its municipal primary election and municipal election
36 expenses.
37 All expenses incurred by the county in conducting the municipal
38 primary election and municipal election shall be apportioned to each
39 municipality in the same ratio that the number of voters who cast a
40 ballot in the municipality at the municipal primary election or the
41 municipal election bears to the total number of voters who cast a ballot
42 in all of the municipalities in the county at that municipal primary
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1 election or municipal election.
2 SECTION 3. IC 3-5-4-1.2, AS ADDED BY P.L.124-2012,
3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 1.2. (a) Whenever this title requires that a
5 document declaring or certifying the candidacy of a person be filed
6 with the election division or the secretary of state as a condition for the
7 filing to be effective:
8 (1) a county election board;
9 (2) a circuit court clerk;
10 (3) a county voter registration office; or
11 (4) a board of elections and registration; or
12 (5) a town election board;
13 may not accept the filing on behalf of the election division or the
14 secretary of state.
15 (b) A county election board, circuit court clerk, county voter
16 registration office, or board of elections and registration or town
17 election board that accepts a document that is required to be filed with
18 the election division or the secretary of state as a condition for the
19 filing to be effective:
20 (1) may not act as an agent of the election division or the
21 secretary of state; and
22 (2) is not required to transmit the filing to the election division or
23 the secretary of state.
24 (c) If a board, office, or clerk referred to in subsection (a)(1) through
25 (a)(5) (a)(4) accepts a document that is required to be filed with the
26 election division or the secretary of state as a condition for the filing to
27 be effective, the following apply:
28 (1) The filing is void.
29 (2) The name of a candidate set forth in the filing may not appear
30 on the ballot, unless the document is filed with the election
31 division or the secretary of state in the manner required by this
32 title.
33 SECTION 4. IC 3-6-5-14, AS AMENDED BY P.L.258-2013,
34 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 14. (a) Each county election board, in addition to
36 duties otherwise prescribed by law, shall do the following:
37 (1) Conduct all elections and administer the election laws within
38 the county, except as provided in IC 3-8-5 and IC 3-10-7 for town
39 conventions. and municipal elections in certain small towns.
40 (2) Prepare all ballots.
41 (3) Distribute all ballots to all of the precincts in the county.
42 (b) Not later than the Monday before distributing ballots and voting
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1 systems to the precincts in the county, the county election board shall
2 notify the county chairman of each major political party and, upon
3 request, the chairman of any other bona fide political party in the
4 county, that sample ballots are available for inspection.
5 SECTION 5. IC 3-6-5-15, AS AMENDED BY P.L.74-2017,
6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 15. (a) Except as provided in subsection (b), this
8 section applies when an election is conducted in a political subdivision
9 (as defined in IC 36-1-2-13 and other than a county) that contains
10 territory in more than one (1) county.
11 (b) This section does not apply to an election
12 (1) conducted at the same time as a primary or general election
13 during an even-numbered year. or
14 (2) conducted in a town by a town election board under IC 3-10-7.
15 (c) To the extent authorized by this section, the county election
16 board of the county that contains the greatest percentage of population
17 of the political subdivision shall conduct all elections for the political
18 subdivision. The county election board may designate polling places
19 for the election, which may be located in any county in which the
20 political subdivision is located, and shall appoint precinct election
21 officers to conduct the election upon nomination by the county
22 chairman of the county where the precinct is located, or by filling a
23 vacancy if a nomination is not timely made. However, each county
24 election board shall provide poll lists for voters, receive and approve
25 absentee ballot applications, issue certificates of error or other
26 documents for the voters of that county, print ballots for the municipal
27 or special election, and conduct activity required to canvass the votes
28 under IC 3-12-5-2(b).
29 SECTION 6. IC 3-6-6-27 IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 27. The county executive shall fix
31 the compensation paid under sections 25 and 26 of this chapter for all
32 elections. except municipal elections held by towns under IC 3-10-7.
33 The fiscal body of a town holding a municipal election under IC 3-10-7
34 shall fix the compensation paid under sections 25 and 26 of this
35 chapter.
36 SECTION 7. IC 3-8-1-2, AS AMENDED BY P.L.278-2019,
37 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 2. (a) This section does not apply to a candidate
39 challenged under IC 3-8-8.
40 (b) The commission or a county election board or a town election
41 board shall act if a candidate (or a person acting on behalf of a
42 candidate in accordance with state law) has filed any of the following:
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1 (1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
2 (2) A request for ballot placement in a presidential primary under
3 IC 3-8-3.
4 (3) A petition of nomination or candidate's consent to nomination
5 under IC 3-8-2.5 or IC 3-8-6.
6 (4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
7 IC 3-10-2-15, or IC 3-10-6-12.
8 (5) A certificate of candidate selection under IC 3-13-1 or
9 IC 3-13-2.
10 (6) A declaration of intent to be a write-in candidate under
11 IC 3-8-2-2.5.
12 (7) A contest to the denial of certification under IC 3-8-2.5 or
13 IC 3-8-6-12.
14 (c) The commission has jurisdiction to act under this section with
15 regard to any filing described in subsection (b) that was made with the
16 election division. Except for a filing under the jurisdiction of a town
17 election board, A county election board has jurisdiction to act under
18 this section with regard to any filing described in subsection (b),
19 including a filing for nomination or election to a town office, that
20 was made with the county election board, county voter registration
21 office, or the circuit court clerk. A town election board has jurisdiction
22 to act under this section with regard to any filing that was made with
23 the county election board, the county voter registration office, or the
24 circuit court clerk for nomination or election to a town office.
25 (d) Except as provided in subsection (f), before the commission or
26 election board acts under this section, a registered voter of the election
27 district that a candidate seeks to represent or a county chairman of a
28 major political party of a county in which any part of the election
29 district is located must file a sworn statement before a person
30 authorized to administer oaths, with the election division or election
31 board:
32 (1) questioning the eligibility of the candidate to seek the office;
33 and
34 (2) setting forth the facts known to the voter or county chairman
35 of a major political party of a county concerning this question.
36 (e) The eligibility of a write-in candidate or a candidate nominated
37 by a convention, petition, or primary may not be challenged under this
38 section if the commission or board determines that all of the following
39 occurred:
40 (1) The eligibility of the candidate was challenged under this
41 section before the candidate was nominated.
42 (2) The commission or board conducted a hearing on the affidavit
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1 before the nomination.
2 (3) This challenge would be based on substantially the same
3 grounds as the previous challenge to the candidate.
4 (f) Before the commission or election board can consider a contest
5 to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a
6 candidate (or a person acting on behalf of a candidate in accordance
7 with state law) must file a sworn statement with the election division
8 or election board:
9 (1) stating specifically the basis for the contest; and
10 (2) setting forth the facts known to the candidate supporting the
11 basis for the contest.
12 (g) Upon the filing of a sworn statement under subsection (d) or (f),
13 the commission or election board shall determine the validity of the
14 questioned:
15 (1) declaration of candidacy;
16 (2) declaration of intent to be a write-in candidate;
17 (3) request for ballot placement under IC 3-8-3;
18 (4) petition of nomination;
19 (5) certificate of nomination;
20 (6) certificate of candidate selection issued under IC 3-13-1-15 or
21 IC 3-13-2-8; or
22 (7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
23 (h) The commission or election board shall deny a filing if the
24 commission or election board determines that the candidate has not
25 complied with the applicable requirements for the candidate set forth
26 in the Constitution of the United States, the Constitution of the State of
27 Indiana, or this title.
28 SECTION 8. IC 3-8-5-14.3 IS AMENDED TO READ AS
29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14.3. If a convention or
30 a primary election is not required under section 10 of this chapter:
31 notwithstanding IC 3-10-7:
32 (1) a municipal primary election or town convention may not be
33 held; and
34 (2) each candidate who filed a declaration of candidacy shall be
35 placed on the municipal election ballot. unless IC 3-10-7-6(b)
36 applies.
37 SECTION 9. IC 3-8-5-14.5, AS AMENDED BY P.L.278-2019,
38 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 14.5. (a) A town county election board or circuit
40 court clerk conducting a municipal election under IC 3-10-7
41 IC 3-10-7.5 may not include the name of a candidate nominated by a
42 town convention on the municipal election ballot if the person files a
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1 notice to withdraw with the clerk. The circuit court clerk shall notify
2 the town county election board of any candidate withdrawal filed under
3 this subsection not later than the deadline for the clerk to file a copy of
4 the certification of nomination under section 13(e) of this chapter.
5 (b) The notice to withdraw must:
6 (1) be signed and acknowledged before an officer authorized to
7 take acknowledgments of deeds;
8 (2) have the certificate of acknowledgment appended to the
9 notice; and
10 (3) be filed with the clerk no later than noon three (3) days
11 following the adjournment of the convention.
12 SECTION 10. IC 3-8-5-14.7, AS AMENDED BY P.L.278-2019,
13 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 14.7. (a) All questions regarding the validity of:
15 (1) a declaration of candidacy;
16 (2) a petition of nomination; or
17 (3) a certificate of nomination of a candidate by a town
18 convention;
19 subject to this chapter shall be filed under IC 3-8-1-2, with the county
20 election board of the county where the declaration of candidacy was
21 filed, not later than noon seven (7) days after the final date for filing a
22 certificate under section 13(d) of this chapter. The question shall be
23 referred to and determined by the town election board (or by the
24 appropriate county election board. if a county election board is
25 conducting the election for the town).
26 (b) The election board shall rule on the validity of any document
27 described in subsection (a) not later than noon seven (7) days following
28 the deadline for filing of the document required by subsection (a).
29 (c) A question regarding the validity of a declaration to be a write-in
30 candidate for election to a town office must be filed under IC 3-8-1-2
31 not later than the date and time specified by IC 3-8-2-14(c), and shall
32 be determined by the election board not later than the date and time
33 specified by IC 3-8-2-14(c).
34 SECTION 11. IC 3-8-6-11, AS AMENDED BY P.L.194-2013,
35 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 11. (a) Whenever a town is wholly or partly
37 located in a county having a consolidated city, a petition of nomination
38 must be filed with the circuit court clerk of the county having the
39 consolidated city.
40 (b) Whenever a town not described in subsection (a) has entered
41 into an agreement with a county under IC 3-10-7-4, the petition must
42 be filed with the county voter registration office of that county.
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1 (c) (b) When a petition is filed under subsection (a) or (b) for
2 nomination to an office whose election district is in more than one (1)
3 county, the circuit court clerk or board of registration shall examine the
4 voter registration records of each county in the election district to
5 determine if each petitioner is eligible to vote for the candidates being
6 nominated by the petition.
7 SECTION 12. IC 3-8-7-11, AS AMENDED BY P.L.227-2023,
8 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 11. (a) Except as provided in subsection (f), if a
10 political party has filed a statement with the election division (or any
11 of its predecessors) that the device selected by the political party be
12 used to designate the candidates of the political party on the ballot for
13 all elections throughout the state, the device must be used until:
14 (1) the device is changed in accordance with party rules; and
15 (2) a statement concerning the use of the new device is filed with
16 the election division.
17 (b) Except as provided in subsection (c), the device may be any
18 appropriate symbol.
19 (c) A political party may not use any of the following as a device:
20 (1) A symbol that has previously been filed by a political party
21 with the election division (or any of its predecessors).
22 (2) The coat of arms or seal of the state or of the United States.
23 (3) The national or state flag.
24 (4) Any other emblem common to the people.
25 (d) Not later than noon on the date specified under section 16 of this
26 chapter for the certification of candidates and public questions by the
27 election division, the election division shall provide each county
28 election board with a camera-ready copy of the device under which the
29 candidates of the political party or the petitioner are to be listed so that
30 ballots may be prepared using the best possible reproduction of the
31 device.
32 (e) This subsection applies to a political party whose device is not
33 filed with the election division under subsection (a) and is to be printed
34 only on ballots to identify candidates for election to a local office. Not
35 later than noon on the date specified under section 16 of this chapter
36 for the certification of candidates and public questions by the election
37 division, the chairman of the political party or the petitioner of
38 nomination shall file a camera-ready copy of the device under which
39 the candidates of the political party or the petitioner are to be listed
40 with the county election board of each county in which the name of the
41 candidate or party will be placed on the ballot. The county election
42 board shall provide the camera-ready copy of the device to the town
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1 election board of a town located wholly or partially within the county
2 upon request by the town election board.
3 (f) If a copy of the device is not filed in accordance with subsection
4 (a) or (e), or unless a device is designated in accordance with section
5 26 or 27 of this chapter, the county election board or town election
6 board is not required to use any device to designate the list of
7 candidates.
8 (g) If a device is filed with the election division or an election board
9 after the commencement of printing of ballots for use at an election
10 conducted under this title, the election board responsible for printing
11 the ballots is not required to alter the ballots to include the device filed
12 under this subsection.
13 SECTION 13. IC 3-10-6.5-1, AS ADDED BY P.L.107-2020,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), this
16 chapter applies only to the following municipalities:
17 (1) a town with a population of more than three thousand four
18 hundred forty-nine (3,449).
19 (2) A city with a population of less than three thousand five
20 hundred (3,500).
21 (b) This chapter does not apply to a municipality located wholly or
22 partially in a county having a consolidated city.
23 SECTION 14. IC 3-10-6.5-5, AS ADDED BY P.L.107-2020,
24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 5. If a municipality adopts an ordinance under
26 section 3 of this chapter, the elected officers of the municipality shall
27 be elected under IC 3-10-6 or IC 3-10-7: IC 3-10-7.5:
28 (1) whichever is applicable to the municipality; and
29 (2) to the extent either of those statutes is not inconsistent with
30 this chapter.
31 SECTION 15. IC 3-10-6.5-6, AS ADDED BY P.L.107-2020,
32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 6. (a) This section does not apply to a town or
34 city with a population of less than three thousand five hundred
35 (3,500) that adopted an ordinance under this chapter before July
36 1, 2024.
37 (b) An ordinance adopted under this chapter:
38 (1) may not be repealed earlier than twelve (12) years after the
39 ordinance was adopted under section 3 of this chapter; and
40 (2) may be repealed only in a year preceding a municipal election
41 year.
42 SECTION 16. IC 3-10-7 IS REPEALED [EFFECTIVE JULY 1,
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1 2024]. (Municipal Elections in Small Towns Located Outside Marion
2 County).
3 SECTION 17. IC 3-10-7.5 IS ADDED TO THE INDIANA CODE
4 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]:
6 Chapter 7.5. Municipal Elections in Certain Small Towns and
7 Small Cities
8 Sec. 1. (a) This chapter applies to a town or city with a
9 population of less than three thousand five hundred (3,500).
10 (b) Except as provided in section 4 of this chapter, this chapter
11 does not apply to a municipality that is located entirely or partially
12 within a county having a consolidated city.
13 (c) Prison inmates may not be counted in determining
14 population sizes for purposes of this chapter.
15 Sec. 2. Municipal elections may be held only:
16 (1) in an even-numbered year; and
17 (2) at the same time as a primary or general election.
18 Sec. 3. (a) The county election board shall conduct elections for
19 municipal offices or on public questions submitted to the voters of
20 the municipality in the same manner that it conducts a general
21 election under IC 3-10-6.
22 (b) The county election board shall perform for an election
23 described in subsection (a) all of the duties that a town election
24 board was required to perform under IC 3-10-7 (before its repeal).
25 (c) A municipality is not required to reimburse the county for
26 any of the expenses of conducting an election held in an
27 even-numbered year at the same time as the primary or general
28 election.
29 Sec. 4. The county election board shall conduct a municipal
30 election in a town that is located in a county having a consolidated
31 city. The county election board shall conduct the municipal election
32 in the same manner as it conducts a consolidated city election.
33 However, a town that is subject to this section is not required to
34 reimburse the county for any of the expenses of conducting a
35 municipal election.
36 Sec. 5. The county election board shall conduct all special
37 elections for a municipality. The county election board shall
38 perform for the special election all of the duties that a town election
39 board was required to perform for a special election under
40 IC 3-10-7 (before its repeal).
41 Sec. 6. (a) This section does not apply to a town located entirely
42 or partially within a county having a consolidated city unless the
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1 town has a population of more than one thousand (1,000) and less
2 than one thousand four hundred (1,400).
3 (b) A town may adopt an ordinance under IC 3-10-6-2.5, if the
4 town has not adopted an ordinance under IC 18-3-1-16(b) (before
5 its repeal on September 1, 1981) or P.L.13-1982, SECTION 3
6 (before its expiration on January 1, 1988).
7 Sec. 7. (a) This section applies to:
8 (1) a municipality described in section 1 of this chapter; and
9 (2) an elected office for which an election is scheduled to occur
10 at the municipal election on November 2, 2027.
11 (b) The election for an office described in subsection (a) must be
12 held on November 7, 2028.
13 (c) The term of office for an individual elected under subsection
14 (b) begins at noon January 1, 2029.
15 (d) Notwithstanding any other law, an individual who holds an
16 elected office described in subsection (a) whose term of office was,
17 as of June 30, 2024, scheduled to expire following the municipal
18 election on November 2, 2027, is entitled to remain in office until
19 a successor:
20 (1) is elected under subsection (b) and qualified; and
21 (2) begins the successor's term of office under subsection (c).
22 (e) If an individual does not remain in office in the manner
23 described in subsection (d), a vacancy is created. The vacancy must
24 be filled in the manner required under IC 3-13. An individual who
25 fills a vacancy under this subsection is entitled to remain in office
26 until a successor:
27 (1) is elected under subsection (b) and qualified; and
28 (2) begins the successor's term of office under subsection (c).
29 A subsequent vacancy for the same office that occurs prior to noon
30 January 1, 2029, must be filled in the manner described by this
31 subsection.
32 (f) This section expires July 1, 2030.
33 SECTION 18. IC 3-10-8-4, AS AMENDED BY P.L.227-2023,
34 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 4. (a) Each circuit court clerk who is required to
36 conduct a special election under Indiana law or receives a writ ordering
37 a special election shall publish in accordance with IC 5-3-1 the
38 following information:
39 (1) Under the proper political party or independent candidate
40 designation:
41 (A) the title of office; and
42 (B) the names and addresses of all candidates who have filed
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1 for election to the office, except for an individual with a
2 restricted address under IC 36-1-8.5;
3 if an elected office will be on the ballot at the special election.
4 (2) The text of any public question to be submitted to the voters.
5 (3) The date of the election.
6 (4) The hours during which the polls will be open.
7 (5) The dates, times, and locations of voting at the circuit court
8 clerk's office and at satellite offices under IC 3-11-10-26.
9 (b) The county election board or town election board shall file a
10 notice of a special election conducted under this chapter with the
11 election division not later than noon seven (7) days after publishing the
12 notice under subsection (a).
13 SECTION 19. IC 3-10-9-2 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. The
15 (1) county election board of each county included in the election
16 district voting on the public question or
17 (2) town election board if a public question is to be voted on at an
18 election conducted by a town election board;
19 shall place the public question on the ballot in accordance with this
20 chapter.
21 SECTION 20. IC 3-11-10-26.5, AS AMENDED BY P.L.109-2021,
22 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 26.5. (a) This section applies to:
24 (1) a municipal election;
25 (2) a primary conducted in a municipal election year; and
26 (3) a special election conducted under IC 3-10-8 and that is not
27 conducted at the same time as any other election.
28 (b) Notwithstanding section 26 of this chapter or IC 3-11-18.1-4 in
29 a vote center county, a county election board (or a town election board
30 acting under IC 3-10-7) may adopt a resolution or an amendment to a
31 county vote center plan by the unanimous vote of the board's entire
32 membership stating that voters are entitled to vote by absentee ballot
33 before an absentee voter board in the office of the circuit court clerk or
34 town election board during specific days and hours identified in the
35 resolution.
36 (c) If the election board adopts a resolution or an amendment under
37 subsection (b), the board must include written findings of fact in the
38 resolution or amendment stating:
39 (1) the number of absentee ballot applications anticipated or
40 previously received for the election;
41 (2) the expense to be incurred by providing absentee ballot voting
42 in the office during the entire period required under section 26 of
2024 IN 1250—LS 6957/DI 144 13
1 this chapter; and
2 (3) that voters would experience little or no inconvenience by
3 restricting absentee ballot voting in the office to the days and
4 hours specified in the resolution or amendment.
5 SECTION 21. IC 3-11-18.1-5, AS AMENDED BY P.L.141-2023,
6 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsections
8 subsection (b), and (c), a plan must provide a vote center for use by
9 voters residing within the county for use in a primary election, general
10 election, special election, municipal primary, or municipal election
11 conducted on or after the effective date of the county election board's
12 order.
13 (b) A plan may provide that a vote center will not be used in a
14 municipal election conducted in 2023, 2027, 2031, 2035, 2039, 2043,
15 and every four (4) years thereafter for some or all of the towns:
16 (1) located within the county; and
17 (2) having a population of less than three thousand five hundred
18 (3,500).
19 (c) This section does not apply in a town that has established a town
20 election board under IC 3-10-7-5.7 while the resolution established
21 under IC 3-10-7-5.7 is in effect.
22 SECTION 22. IC 3-12-5-2 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Whenever a
24 candidate is elected:
25 (1) to a local or school board office other than
26 (A) one for which a town clerk-treasurer issues a certificate of
27 election under IC 3-10-7-34; or
28 (B) one commissioned by the governor under IC 4-3-1-5; or
29 (2) a precinct committeeman or state convention delegate;
30 the circuit court clerk shall, when permitted under section 16 of this
31 chapter, prepare and deliver to the candidate on demand a certificate
32 of the candidate's election.
33 (b) This subsection applies to a local or school board office
34 described in subsection (a) with an election district located in more
35 than one (1) county and a local public question placed on the ballot in
36 more than one (1) county. The circuit court clerk of the county that
37 contains the greatest percentage of the population of the election
38 district shall, upon demand of the candidate or a person entitled to
39 request a recount of the votes cast on a public question under
40 IC 3-12-12:
41 (1) obtain the certified statement of the votes cast for that office
42 or on that question that was prepared under IC 3-12-4-9 from the
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1 circuit court clerk in each other county in which the election
2 district is located;
3 (2) tabulate the total votes cast for that office or on that question
4 as shown on the certified statement of each county in the election
5 district; and
6 (3) issue a certificate of election to the candidate when permitted
7 under section 16 of this chapter or a certificate declaring the local
8 public question approved or rejected.
9 SECTION 23. IC 3-12-6-31 IS AMENDED TO READ AS
10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. (a) The circuit court
11 clerk shall transmit the certificate prepared under section 30 of this
12 chapter to the election division, the county election board or other
13 public official authorized by this title to issue:
14 (1) a certificate of nomination under IC 3-8-7;
15 (2) a certificate of election under IC 3-10-7-34 or IC 3-12-5-2; or
16 (3) a commission for the office under IC 4-3-1-5.
17 (b) The election division shall provide a copy of a certificate
18 transmitted to the election division under this section to the office.
19 SECTION 24. IC 3-12-11-25, AS AMENDED BY P.L.233-2015,
20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 25. (a) Except as provided in subsection (b),
22 whenever the commission makes a final determination under section
23 18 of this chapter that the candidate who is subject to a contest
24 proceeding is not eligible to serve in the office to which the candidate
25 is nominated or elected, the candidate who received the second highest
26 number of votes for the office is entitled to a certificate of nomination
27 or certificate of election even though a certificate may have been issued
28 to another candidate upon the tabulation of the votes.
29 (b) This subsection applies to a contest proceeding for a state office
30 other than the offices of governor, lieutenant governor, justice of the
31 supreme court, judge of the court of appeals, and judge of the tax court.
32 Whenever the commission makes a final determination under section
33 18(b) of this chapter that the candidate who is subject to a contest
34 proceeding is not eligible to serve in the office to which the candidate
35 is elected the following apply:
36 (1) This subdivision does not apply to the filling of a state office
37 following a contest proceeding or court action that resulted from
38 an election held before January 1, 2011. The office is considered
39 vacant, and the governor shall fill the vacancy as provided in
40 IC 3-13-4-3(e) by the appointment of a person of the same
41 political party as the candidate who is not eligible to serve.
42 (2) The commission's determination that the candidate is not
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1 eligible to serve in the office does not affect the votes cast for the
2 candidate for purposes of determining the number or percentage
3 of votes cast for purposes of other statutes, including IC 3-5-2-30,
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,
5 IC 3-6-8-1, IC 3-8-4, IC 3-8-6, IC 3-10-1-2, IC 3-10-2-15,
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,
7 IC 3-11-13-11, IC 3-11-14-3.5, IC 3-13-9-4.5, IC 6-9-2-3, and
8 IC 36-4-1.5-2.
9 SECTION 25. IC 5-4-1-2, AS AMENDED BY P.L.55-2022,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 2. (a) The oath required by section 1 of this
12 chapter, except in the case of a notary public or in those cases specified
13 in section 3 of this chapter, shall be endorsed on or attached to the:
14 (1) commission;
15 (2) certificate if a certificate was issued under IC 3-10-7-34,
16 IC 3-12-4 or IC 3-12-5; or
17 (3) certificate of appointment pro tempore under IC 3-13-11-11;
18 signed by the person taking the oath, and certified to by the officer
19 before whom the oath was taken, who shall also deliver to the person
20 taking the oath a copy of the oath.
21 (b) A copy of the oath of office of a prosecuting attorney shall be
22 attached to the commission of the prosecuting attorney.
23 SECTION 26. IC 33-35-1-1, AS AMENDED BY P.L.141-2023,
24 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 1. (a) During 2026, 2030, 2034, 2038, 2042, and
26 every fourth year after that, a second or third class city or a town may
27 by ordinance establish or abolish a city or town court. An ordinance to
28 establish a city or town court must be adopted not less than one (1) year
29 before the judge's term would begin under section 3 of this chapter.
30 (b) Except as provided in subsection (c), the judge for a court
31 established under subsection (a) shall be elected under IC 3-10-6 or
32 IC 3-10-7 at the municipal election in November 2023, 2027, 2031,
33 2035, 2039, 2043, and every four (4) years thereafter.
34 (c) This subsection applies to a small city or small town
35 described in IC 3-10-7.5-1. The judge for a court established under
36 subsection (a) shall be elected under IC 3-10-7.5 at the election in
37 November 2028, 2032, 2036, 2040, 2044, 2048, and every four (4)
38 years thereafter.
39 (c) (d) A court established under subsection (a) comes into
40 existence on January 1 of the year following the year in which a judge
41 is elected to serve in that court.
42 (d) (e) A city or town court in existence on January 1, 1986, may
2024 IN 1250—LS 6957/DI 144 16
1 continue in operation until it is abolished by ordinance.
2 (e) (f) A city or town that establishes or abolishes a court under this
3 section shall give notice of its action to the following:
4 (1) The office of judicial administration under IC 33-24-6.
5 (2) The secretary of state.
6 (3) The circuit court clerk of the county in which the greatest
7 population of the city or town resides.
8 SECTION 27. IC 33-35-1-3, AS AMENDED BY P.L.109-2015,
9 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 3. (a) The judge of a city or town court shall be
11 elected under IC 3-10-6 or IC 3-10-7 IC 3-10-7.5 by the voters of the
12 city or town.
13 (b) Except as provided in subsections subsection (c), (d), and (e),
14 the term of office of a judge elected under this section is four (4) years,
15 beginning at noon January 1 after election and continuing until a
16 successor is elected and qualified.
17 (c) This subsection applies to a town that adopts an ordinance under
18 IC 3-10-6-2.6. The term of office of:
19 (1) a judge elected at the next municipal election not conducted
20 in a general election year is one (1) year; and
21 (2) the successors to the judge described in subdivision (1) is four
22 (4) years;
23 beginning at noon January 1 after election and continuing until a
24 successor is elected and qualified.
25 (d) This subsection applies to a town that adopts an ordinance under
26 IC 3-10-7-2.7. The term of office of:
27 (1) a judge elected at the next municipal election not conducted
28 in a general election year is three (3) years; and
29 (2) the successors to the judge described in subdivision (1) is four
30 (4) years;
31 beginning noon January 1 after election and continuing until a
32 successor is elected and qualified.
33 (e) This subsection applies to a town that adopts an ordinance under
34 IC 3-10-7-2.9. The term of office of:
35 (1) a judge elected in the first election cycle after adoption of the
36 ordinance is the term of office provided by the ordinance, not to
37 exceed four (4) years; and
38 (2) the successors of the judge described in subdivision (1) is four
39 (4) years.
40 (f) (d) Before beginning the duties of office, the judge shall, in the
41 manner prescribed by IC 5-4-1, execute a bond conditioned upon the
42 faithful discharge of the duties of office.
2024 IN 1250—LS 6957/DI 144 17
1 SECTION 28. IC 33-35-3-1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The officers of a
3 city court are a:
4 (1) judge;
5 (2) clerk; and
6 (3) bailiff.
7 However, in third class cities, the judge may act as clerk and perform
8 all duties of the clerk of the court or appoint a clerk of the court. If the
9 judge does not act as clerk of the court or appoint a clerk of the court,
10 the city clerk-treasurer elected under IC 3-10-6 shall perform the duties
11 of the clerk of the city court.
12 (b) The clerk is an officer of a town court. The judge of a town court
13 may act as clerk and perform all duties of the clerk of the court or
14 appoint a clerk of the court. If the judge does not act as a clerk of the
15 court or appoint a clerk of the court, the town clerk-treasurer elected
16 under IC 3-10-6 or IC 3-10-7 IC 3-10-7.5 shall perform the duties of
17 the clerk of the town court.
18 (c) The clerk and bailiff may not receive any fees or compensation
19 other than their salaries.
20 SECTION 29. IC 36-1.5-4-35 IS REPEALED [EFFECTIVE JULY
21 1, 2024]. Sec. 35. (a) This section applies to an initial election:
22 (1) of the members of a governing body or officers that are
23 elected by the voters for a reorganized political subdivision that:
24 (A) is a town; and
25 (B) has town boundaries that encompass part of another town
26 that was part of the reorganization;
27 (2) that is conducted before the reorganization takes effect; and
28 (3) to which IC 3-10-7-1 applies.
29 (b) The members of each precinct board shall be jointly appointed
30 by the town election boards of each of the reorganizing political
31 subdivisions.
32 SECTION 30. IC 36-5-2-2 IS AMENDED TO READ AS
33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. The town council
34 elected under IC 3-10-6 or IC 3-10-7 IC 3-10-7.5 is the town
35 legislative body. The president of the town council selected under
36 section 7 of this chapter is the town executive.
37 SECTION 31. IC 36-5-2-3, AS AMENDED BY P.L.109-2015,
38 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), (c),
40 (d), or (e), (f), or (g), the term of office of a member of the legislative
41 body is four (4) years, beginning at noon January 1 after the member's
42 election and continuing until the member's successor is elected and
2024 IN 1250—LS 6957/DI 144 18
1 qualified.
2 (b) The term of office of a member of the legislative body appointed
3 to fill a vacancy resulting from an increase in the number of town
4 legislative body members under section 4.2 of this chapter:
5 (1) begins when the ordinance increasing the number of
6 legislative body members takes effect, or when the member is
7 appointed under IC 3-13-9-4, if the appointment is made after the
8 ordinance takes effect; and
9 (2) continues until noon January 1 following the next municipal
10 election scheduled under IC 3-10-6-5 or IC 3-10-7-6 IC 3-10-7.5
11 and until the member's successor is elected and qualified.
12 (c) The term of office of a member of the legislative body elected
13 under IC 36-5-1-10.1 following the incorporation of the town:
14 (1) begins at noon November 30 following the election; and
15 (2) continues until noon January 1 following the next municipal
16 election scheduled under IC 3-10-6-5 or IC 3-10-7-6 IC 3-10-7.5
17 and until the member's successor is elected and qualified.
18 (d) The term of office of a member of the legislative body subject
19 to IC 3-10-6-2.5(d)(1) is three (3) years, beginning at noon January 1
20 after the member's election and continuing until the member's
21 successor is elected and qualified.
22 (e) The term of office of a member of a legislative body subject to
23 an ordinance described by IC 3-10-6-2.6 is one (1) year, beginning at
24 noon January 1 after the member's election and continuing until the
25 member's successor is elected and qualified.
26 (f) The term of office of a member of a legislative body subject to
27 an ordinance described by IC 3-10-7-2.7 is:
28 (1) three (3) years if the member is elected at the next municipal
29 election not conducted in a general election year; and
30 (2) four (4) years for the successors of a member of a legislative
31 body described in subdivision (1);
32 beginning noon January 1 after election and continuing until a
33 successor is elected and qualified.
34 (g) The term of office of a member of a legislative body subject to
35 an ordinance described by IC 3-10-7-2.9 is:
36 (1) the term of office provided by the ordinance, not to exceed
37 four (4) years, for a member of the legislative body elected in the
38 first election cycle after adoption of the ordinance; and
39 (2) four (4) years for the successors of the member of a legislative
40 body described in subdivision (1).
41 SECTION 32. IC 36-5-2-4.1, AS AMENDED BY P.L.169-2022,
42 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2024]: Sec. 4.1. (a) The legislative body may, by ordinance,
2 divide the town into districts for the purpose of conducting elections of
3 town officers.
4 (b) A town legislative body district must comply with the following
5 standards:
6 (1) The district must be composed of contiguous territory, except
7 for territory that is not contiguous to any other part of the town.
8 (2) The district must be reasonably compact.
9 (3) The district must contain, as nearly as is possible, equal
10 population.
11 (4) The district may not cross a census block boundary except
12 when following a precinct boundary line or unless the ordinance
13 specifies that the census block has no population and is not likely
14 to have population before the effective date of the next federal
15 decennial census.
16 (5) The district may not cross precinct lines, except as provided
17 in subsection (c).
18 (c) The boundary of a town legislative body district established
19 under subsection (a) may cross a precinct boundary line if:
20 (1) the legislative body provides by ordinance under section 5 of
21 this chapter that all legislative body members are to be elected at
22 large by the voters of the whole town; or
23 (2) the district would not otherwise contain, as nearly as is
24 possible, equal population.
25 (d) If any territory in the town is not included in one (1) of the
26 districts established under this section, the territory is included in the
27 district that:
28 (1) is contiguous to that territory; and
29 (2) contains the least population of all districts contiguous to that
30 territory.
31 (e) The ordinance may be appealed in the manner prescribed by
32 IC 34-13-6. If the town is located in two (2) or more counties, the
33 appeal may be filed in the circuit or superior court of any of those
34 counties.
35 (f) This subsection does not apply to a town with an ordinance
36 described by subsection (g). Except as provided in subsection (j), the
37 division permitted by subsection (a) shall be made only at times
38 permitted under IC 3-5-10.
39 (g) This subsection applies to a town having a population of less
40 than three thousand five hundred (3,500). The town legislative body
41 may adopt an ordinance providing that:
42 (1) town legislative body districts are abolished; and
2024 IN 1250—LS 6957/DI 144 20
1 (2) all members of the legislative body are elected at large.
2 (h) An ordinance described by subsection (g):
3 (1) may not be adopted or repealed during a year in which a
4 municipal election is scheduled to be conducted in the town under
5 IC 3-10-6 or IC 3-10-7; IC 3-10-7.5; and
6 (2) is effective upon passage.
7 (i) A copy of the ordinance establishing districts or a recertification
8 under this section must be filed with the circuit court clerk of the
9 county that contains the greatest population of the town not later than
10 thirty (30) days after the ordinance or recertification is adopted. The
11 filing must include a map of the district boundaries:
12 (1) adopted under subsection (a); or
13 (2) recertified under subsection (j).
14 (j) If the legislative body determines that a division under subsection
15 (a) is not required, the legislative body shall adopt an ordinance
16 recertifying that the districts as drawn comply with this section.
17 (k) The limitations set forth in this section are part of the ordinance,
18 but do not have to be specifically set forth in the ordinance. The
19 ordinance must be construed, if possible, to comply with this chapter.
20 If a provision of the ordinance or an application of the ordinance
21 violates this chapter, the invalidity does not affect the other provisions
22 or applications of the ordinance that can be given effect without the
23 invalid provision or application. The provisions of the ordinance are
24 severable.
25 (l) This subsection applies to a town having a population of less than
26 three thousand five hundred (3,500). If the town legislative body has
27 not:
28 (1) adopted an ordinance under subsection (a) and subject to
29 subsection (f) after December 31, 2011; or
30 (2) adopted an ordinance recertifying districts under subsection
31 (j) after December 31, 2011;
32 the town legislative body districts are abolished, effective January 1,
33 2018. A town described by this subsection may adopt an ordinance to
34 establish town legislative body districts in accordance with subsection
35 (a) and subject to subsection (f) after January 1, 2018.
36 (m) IC 3-5-10 applies to a plan established under this section.
37 SECTION 33. IC 36-5-6-3, AS AMENDED BY P.L.56-2022,
38 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 3. (a) The clerk-treasurer must reside within the
40 town as provided in Article 6, Section 6 of the Constitution of the State
41 of Indiana. The clerk-treasurer forfeits office if the clerk-treasurer
42 ceases to be a resident of the town. An individual who resides in
2024 IN 1250—LS 6957/DI 144 21
1 territory that is annexed by the town before the election is considered
2 a resident of the town for purposes of this subsection, even if the
3 annexation took effect less than one (1) year before the election.
4 (b) Except as provided in subsection (c) or (d), (e), or (f), the term
5 of office of the clerk-treasurer is four (4) years, beginning at noon
6 January 1 after election and continuing until a successor is elected and
7 qualified.
8 (c) The term of office of a clerk-treasurer elected under
9 IC 36-5-1-10.1 following the incorporation of the town:
10 (1) begins at noon November 30 following the election; and
11 (2) continues until noon January 1 following the next municipal
12 election scheduled under IC 3-10-6-5 or IC 3-10-7-6 IC 3-10-7.5
13 and until the clerk-treasurer's successor is elected and qualified.
14 (d) The term of office of a clerk-treasurer subject to an ordinance
15 described by IC 3-10-6-2.6 is:
16 (1) one (1) year if the clerk-treasurer is elected at the next
17 municipal election not conducted in a general election year; and
18 (2) four (4) years for the successors of the clerk-treasurer
19 described in subdivision (1);
20 beginning at noon January 1 after the clerk-treasurer's election and
21 continuing until the clerk-treasurer's successor is elected and qualified.
22 (e) The term of office of a clerk-treasurer subject to an ordinance
23 described by IC 3-10-7-2.7 is:
24 (1) three (3) years if the clerk-treasurer is elected at the next
25 municipal election not conducted in a general election year; and
26 (2) four (4) years for the successors of the clerk-treasurer
27 described in subdivision (1);
28 beginning noon January 1 after the clerk-treasurer's election and
29 continuing until the clerk-treasurer's successor is elected and qualified.
30 (f) The term of office of a clerk-treasurer subject to an ordinance
31 described by IC 3-10-7-2.9 is:
32 (1) the term of office provided by the ordinance, not to exceed
33 four (4) years, for the clerk-treasurer elected in the first election
34 cycle after adoption of the ordinance; and
35 (2) four (4) years for the successors of the clerk-treasurer
36 described in subdivision (1).
37 SECTION 34. IC 36-5-6-4 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The clerk-treasurer
39 shall be elected under IC 3-10-6 or IC 3-10-7 IC 3-10-7.5 by the voters
40 of the whole town.
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