Introduced Version
SENATE BILL No. 29
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-8-5.
Synopsis: Town party conventions. Provides that a town convention
must be held not later than the date by which a certificate of
nomination must be filed with the circuit court clerk.
Effective: January 1, 2025.
Donato
January 8, 2024, read first time and referred to Committee on Elections.
2024 IN 29—LS 6153/DI 149 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 29
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 3-8-5-10, AS AMENDED BY P.L.225-2011,
2 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JANUARY 1, 2025]: Sec. 10. (a) If more than one (1) candidate from
4 the same political party files a declaration of candidacy for the same
5 office, that political party shall conduct:
6 (1) a town convention under this chapter; or
7 (2) a primary election;
8 to choose the nominee of that party for that office as provided in the
9 ordinance adopted under section 2 of this chapter.
10 (b) If a town convention is required under subsection (a), the town
11 chairman shall organize, conduct, and issue a call for a town
12 convention to be held in the town, or, if there is no suitable location in
13 the town, then either at the nearest available location within any county
14 in which the town is located or at the county seat of any county in
15 which the town is located.
16 (c) The convention must be held not later than August 21 in each
17 year in which a municipal election is to be held. the date by which the
2024 IN 29—LS 6153/DI 149 2
1 certificate must be filed with the circuit court clerk under section
2 13(d) of this chapter. The purpose of the convention is to select the
3 nominees for all town offices to be elected at the next municipal
4 election and for which more than one (1) declaration of candidacy has
5 been filed.
6 (d) The chairman shall file a notice of the call with the circuit court
7 clerk of the county containing the greatest percentage of population of
8 the town. The chairman shall also have notice of the call posted at least
9 three (3) days in three (3) prominent public places in the town,
10 including the office of the clerk-treasurer. The notice must state the
11 time, place, and purpose of the convention.
12 (e) If the county chairman determines that an emergency requires
13 the rescheduling of a town convention after notice has been given
14 under subsection (d), the chairman shall promptly file a notice in the
15 office of the county election board and in the office of the town
16 clerk-treasurer stating the date, time, and place of the rescheduled
17 convention.
18 SECTION 2. IC 3-8-5-12, AS AMENDED BY P.L.74-2017,
19 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JANUARY 1, 2025]: Sec. 12. (a) The town chairman and secretary of
21 each town political party committee shall act as chairman and secretary
22 of their respective conventions.
23 (b) As the first item of convention business, the town chairman shall
24 make the initial determination regarding which individuals are eligible
25 to vote in the town convention under section 11 of this chapter. If an
26 individual objects to the determination of the chairman, the matter shall
27 be put to the vote of all those individuals whose eligibility to vote is not
28 in dispute.
29 (c) As the second item of convention business, the town chairman
30 shall submit copies of proposed rules to the members of the convention
31 for adoption. The rules must provide for at least the following:
32 (1) The voting method to be used for nominating candidates at the
33 convention.
34 (2) The method to be used for resolving tie votes.
35 (3) Any method for removing candidates from consideration by
36 the convention if no candidate receives a majority vote from all
37 voters casting a ballot at the convention.
38 (4) The rights of nonvoting observers, media, candidate watchers,
39 or others attending the convention.
40 (d) If the town chairman of the political party committee is unable
41 or unwilling to act as chairman of the convention, the secretary acts as
42 chairman until the convention elects a chairman of the convention from
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1 among the voters attending the convention. If the town secretary of the
2 political party committee is unable or unwilling to act as secretary of
3 the convention, the convention shall elect a secretary of the convention
4 from among the voters attending the convention.
5 (e) After adoption of the convention rules, the convention may
6 proceed to vote on the candidates to be nominated. The candidates for
7 town offices must be nominated by a majority of the voters present and
8 voting. If more than one (1) person may be elected to an at-large town
9 council seat, the convention shall determine the total votes received by
10 each candidate for an at-large town council seat. The candidates who
11 receive the highest number of votes, up to the total number to be
12 elected, are the nominees of the convention.
13 (f) The town convention may recess and reconvene if a majority of
14 eligible voters at the convention adopt a motion to recess and
15 reconvene. The motion must state the date, time, and location of the
16 reconvening of the convention. However, a convention may not
17 reconvene on a date following the final date permitted for a convention
18 to be convened under section 10 of this chapter. the date by which the
19 certificate must be filed with the circuit court clerk under section
20 13(d) of this chapter.
2024 IN 29—LS 6153/DI 149