IN
Indiana Senate Bill SB0029

Indiana 2024 Regular Session

Indiana Senate Bill SB0029 Compare Versions

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1+*ES0029.1*
2+February 15, 2024
3+ENGROSSED
4+SENATE BILL No. 29
5+_____
6+DIGEST OF SB 29 (Updated February 14, 2024 9:18 am - DI 140)
7+Citations Affected: IC 3-8.
8+Synopsis: Town party conventions. Specifies the manner of
9+nomination applicable to a candidate for town office in a small town,
10+based on the year in which the election occurs. Modifies the deadlines
11+for: (1) filing a copy of an ordinance establishing a primary election for
12+nomination of major political party candidates; and (2) holding a town
13+convention.
14+Effective: January 1, 2025.
15+Donato, Gaskill, Doriot
16+(HOUSE SPONSORS — SMALTZ, WESCO)
17+January 8, 2024, read first time and referred to Committee on Elections.
18+January 9, 2024, reported favorably — Do Pass.
19+January 23, 2024, read second time, amended, ordered engrossed.
20+January 24, 2024, engrossed.
21+January 25, 2024, read third time, passed. Yeas 46, nays 0.
22+HOUSE ACTION
23+February 6, 2024, read first time and referred to Committee on Elections and
24+Apportionment.
25+February 15, 2024, reported — Do Pass.
26+ES 29—LS 6153/DI 149 February 15, 2024
127 Second Regular Session of the 123rd General Assembly (2024)
228 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
329 Constitution) is being amended, the text of the existing provision will appear in this style type,
430 additions will appear in this style type, and deletions will appear in this style type.
531 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
632 provision adopted), the text of the new provision will appear in this style type. Also, the
733 word NEW will appear in that style type in the introductory clause of each SECTION that adds
834 a new provision to the Indiana Code or the Indiana Constitution.
935 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1036 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 29
12-AN ACT to amend the Indiana Code concerning elections.
37+ENGROSSED
38+SENATE BILL No. 29
39+A BILL FOR AN ACT to amend the Indiana Code concerning
40+elections.
1341 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 3-8-5-2, AS AMENDED BY P.L.278-2019,
42+1 SECTION 1. IC 3-8-5-2, AS AMENDED BY P.L.278-2019,
43+2 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44+3 JANUARY 1, 2025]: Sec. 2. (a) This section applies only to a town
45+4 described in section 1 of this chapter that conducts an election for
46+5 a town office during an odd-numbered year.
47+6 (a) (b) A candidate for a town office may be nominated by a major
48+7 political party using any of the following methods:
49+8 (1) By convention conducted under this chapter.
50+9 (2) By a primary election, if the town legislative body adopts an
51+10 ordinance under subsection (d). (e).
52+11 (3) If a town convention or a primary election is not required
53+12 under section 10 of this chapter for the political party of which the
54+13 candidate is a member to select the party's nominees, by the
55+14 candidate's declaration of candidacy.
56+15 (b) (c) Unless a town legislative body adopts an ordinance under
57+16 subsection (d), (e), a town shall use the convention method described
58+17 in this chapter to nominate major political party candidates for town
59+ES 29—LS 6153/DI 149 2
60+1 offices.
61+2 (c) (d) A candidate may also be nominated for a town office by:
62+3 (1) a declaration of write-in candidacy under IC 3-8-2-4;
63+4 (2) a town convention of a political party described in section 17
64+5 of this chapter; or
65+6 (3) a petition under IC 3-8-6.
66+7 (d) (e) The town legislative body may adopt an ordinance not later
67+8 than January 1 of the year in which a municipal election is held to
68+9 establish a primary election for the nomination of major political party
69+10 candidates. The town clerk-treasurer shall file a copy of the ordinance
70+11 with the circuit court clerk of the county that contains the greatest
71+12 percentage of the town's population not later than noon on the first date
72+13 following the adoption of the ordinance that day before the first date
73+14 that a candidate may file a declaration of candidacy may be filed for
74+15 the primary under IC 3-8-2-4.
75+16 (e) (f) If a town described by section 1 of this chapter adopts an
76+17 ordinance under subsection (d) (e) to nominate major political party
77+18 candidates by a primary election, the following apply:
78+19 (1) The county election board of the county that contains the
79+20 greatest percentage of the town's population shall conduct the
80+21 primary election for the town.
81+22 (2) All statutes governing primary elections for towns apply.
82+23 (3) The town may not change the method of nominating
83+24 candidates for town offices more than one (1) time in any twelve
84+25 (12) year period.
85+26 SECTION 2. IC 3-8-5-2.5 IS ADDED TO THE INDIANA CODE
86+27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
87+28 JANUARY 1, 2025]: Sec. 2.5. (a) This section applies only to a town
88+29 described in section 1 of this chapter that conducts an election
89+30 during an even-numbered year.
90+31 (b) A candidate for a town office may be nominated by a major
91+32 political party by a primary conducted under IC 3-10-1.
92+33 (c) A candidate may also be nominated for a town office by:
93+34 (1) a declaration of write-in candidacy under IC 3-8-2-4;
94+35 (2) a town convention of a political party described in section
95+36 17 of this chapter; or
96+37 (3) a petition under IC 3-8-6.
97+38 SECTION 3. IC 3-8-5-10, AS AMENDED BY P.L.225-2011,
98+39 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
99+40 JANUARY 1, 2025]: Sec. 10. (a) If more than one (1) candidate from
100+41 the same political party files a declaration of candidacy for the same
101+42 office, that political party shall conduct:
102+ES 29—LS 6153/DI 149 3
103+1 (1) a town convention in an odd-numbered year, if permitted
104+2 under this chapter; or
105+3 (2) a primary election;
106+4 to choose the nominee of that party for that office as provided in the
107+5 ordinance adopted under section 2 of this chapter or as provided in
108+6 section 2.5 of this chapter.
109+7 (b) If a town convention is required under subsection (a), the town
110+8 chairman shall organize, conduct, and issue a call for a town
111+9 convention to be held in the town, or, if there is no suitable location in
112+10 the town, then either at the nearest available location within any county
113+11 in which the town is located or at the county seat of any county in
114+12 which the town is located.
115+13 (c) The convention must be held not later than August 21 in each
116+14 year in which a municipal election is to be held. a sufficient number
117+15 of days in advance of the deadline to file the certificate required
118+16 under section 13(d) of this chapter. The purpose of the convention is
119+17 to select the nominees for all town offices to be elected at the next
120+18 municipal election and for which more than one (1) declaration of
121+19 candidacy has been filed.
122+20 (d) The chairman shall file a notice of the call with the circuit court
123+21 clerk of the county containing the greatest percentage of population of
124+22 the town. The chairman shall also have notice of the call posted at least
125+23 three (3) days in three (3) prominent public places in the town,
126+24 including the office of the clerk-treasurer. The notice must state the
127+25 time, place, and purpose of the convention.
128+26 (e) If the county chairman determines that an emergency requires
129+27 the rescheduling of a town convention after notice has been given
130+28 under subsection (d), the chairman shall promptly file a notice in the
131+29 office of the county election board and in the office of the town
132+30 clerk-treasurer stating the date, time, and place of the rescheduled
133+31 convention.
134+32 SECTION 4. IC 3-8-5-12, AS AMENDED BY P.L.74-2017,
135+33 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
136+34 JANUARY 1, 2025]: Sec. 12. (a) The town chairman and secretary of
137+35 each town political party committee shall act as chairman and secretary
138+36 of their respective conventions.
139+37 (b) As the first item of convention business, the town chairman shall
140+38 make the initial determination regarding which individuals are eligible
141+39 to vote in the town convention under section 11 of this chapter. If an
142+40 individual objects to the determination of the chairman, the matter shall
143+41 be put to the vote of all those individuals whose eligibility to vote is not
144+42 in dispute.
145+ES 29—LS 6153/DI 149 4
146+1 (c) As the second item of convention business, the town chairman
147+2 shall submit copies of proposed rules to the members of the convention
148+3 for adoption. The rules must provide for at least the following:
149+4 (1) The voting method to be used for nominating candidates at the
150+5 convention.
151+6 (2) The method to be used for resolving tie votes.
152+7 (3) Any method for removing candidates from consideration by
153+8 the convention if no candidate receives a majority vote from all
154+9 voters casting a ballot at the convention.
155+10 (4) The rights of nonvoting observers, media, candidate watchers,
156+11 or others attending the convention.
157+12 (d) If the town chairman of the political party committee is unable
158+13 or unwilling to act as chairman of the convention, the secretary acts as
159+14 chairman until the convention elects a chairman of the convention from
160+15 among the voters attending the convention. If the town secretary of the
161+16 political party committee is unable or unwilling to act as secretary of
162+17 the convention, the convention shall elect a secretary of the convention
163+18 from among the voters attending the convention.
164+19 (e) After adoption of the convention rules, the convention may
165+20 proceed to vote on the candidates to be nominated. The candidates for
166+21 town offices must be nominated by a majority of the voters present and
167+22 voting. If more than one (1) person may be elected to an at-large town
168+23 council seat, the convention shall determine the total votes received by
169+24 each candidate for an at-large town council seat. The candidates who
170+25 receive the highest number of votes, up to the total number to be
171+26 elected, are the nominees of the convention.
172+27 (f) The town convention may recess and reconvene if a majority of
173+28 eligible voters at the convention adopt a motion to recess and
174+29 reconvene. The motion must state the date, time, and location of the
175+30 reconvening of the convention. However, a convention may not
176+31 reconvene on a date following the final date permitted for a convention
177+32 to be convened under section 10 of this chapter. the date by which the
178+33 certificate must be filed with the circuit court clerk under section
179+34 13(d) of this chapter.
180+ES 29—LS 6153/DI 149 5
181+COMMITTEE REPORT
182+Madam President: The Senate Committee on Elections, to which
183+was referred Senate Bill No. 29, has had the same under consideration
184+and begs leave to report the same back to the Senate with the
185+recommendation that said bill DO PASS.
186+ (Reference is to SB 29 as introduced.)
187+
188+GASKILL, Chairperson
189+Committee Vote: Yeas 8, Nays 0
190+_____
191+SENATE MOTION
192+Madam President: I move that Senate Bill 29 be amended to read as
193+follows:
194+Page 1, between the enacting clause and line 1, begin a new
195+paragraph and insert:
196+"SECTION 1. IC 3-8-5-2, AS AMENDED BY P.L.278-2019,
15197 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16198 JANUARY 1, 2025]: Sec. 2. (a) This section applies only to a town
17199 described in section 1 of this chapter that conducts an election for
18200 a town office during an odd-numbered year.
19201 (a) (b) A candidate for a town office may be nominated by a major
20202 political party using any of the following methods:
21203 (1) By convention conducted under this chapter.
22204 (2) By a primary election, if the town legislative body adopts an
23205 ordinance under subsection (d). (e).
24206 (3) If a town convention or a primary election is not required
25207 under section 10 of this chapter for the political party of which the
26208 candidate is a member to select the party's nominees, by the
27209 candidate's declaration of candidacy.
28210 (b) (c) Unless a town legislative body adopts an ordinance under
29211 subsection (d), (e), a town shall use the convention method described
30212 in this chapter to nominate major political party candidates for town
31213 offices.
32214 (c) (d) A candidate may also be nominated for a town office by:
33215 (1) a declaration of write-in candidacy under IC 3-8-2-4;
34216 (2) a town convention of a political party described in section 17
35217 of this chapter; or
36-SEA 29 2
37218 (3) a petition under IC 3-8-6.
219+ES 29—LS 6153/DI 149 6
38220 (d) (e) The town legislative body may adopt an ordinance not later
39221 than January 1 of the year in which a municipal election is held to
40222 establish a primary election for the nomination of major political party
41223 candidates. The town clerk-treasurer shall file a copy of the ordinance
42224 with the circuit court clerk of the county that contains the greatest
43225 percentage of the town's population not later than noon on the first date
44226 following the adoption of the ordinance that day before the first date
45227 that a candidate may file a declaration of candidacy may be filed for
46228 the primary under IC 3-8-2-4.
47229 (e) (f) If a town described by section 1 of this chapter adopts an
48230 ordinance under subsection (d) (e) to nominate major political party
49231 candidates by a primary election, the following apply:
50232 (1) The county election board of the county that contains the
51233 greatest percentage of the town's population shall conduct the
52234 primary election for the town.
53235 (2) All statutes governing primary elections for towns apply.
54236 (3) The town may not change the method of nominating
55237 candidates for town offices more than one (1) time in any twelve
56238 (12) year period.
57239 SECTION 2. IC 3-8-5-2.5 IS ADDED TO THE INDIANA CODE
58240 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
59241 JANUARY 1, 2025]: Sec. 2.5. (a) This section applies only to a town
60242 described in section 1 of this chapter that conducts an election
61243 during an even-numbered year.
62244 (b) A candidate for a town office may be nominated by a major
63245 political party by a primary conducted under IC 3-10-1.
64246 (c) A candidate may also be nominated for a town office by:
65247 (1) a declaration of write-in candidacy under IC 3-8-2-4;
66248 (2) a town convention of a political party described in section
67249 17 of this chapter; or
68-(3) a petition under IC 3-8-6.
69-SECTION 3. IC 3-8-5-10, AS AMENDED BY P.L.225-2011,
70-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
71-JANUARY 1, 2025]: Sec. 10. (a) If more than one (1) candidate from
72-the same political party files a declaration of candidacy for the same
73-office, that political party shall conduct:
74-(1) a town convention in an odd-numbered year, if permitted
75-under this chapter; or
76-(2) a primary election;
77-to choose the nominee of that party for that office as provided in the
78-ordinance adopted under section 2 of this chapter or as provided in
79-SEA 29 3
80-section 2.5 of this chapter.
81-(b) If a town convention is required under subsection (a), the town
82-chairman shall organize, conduct, and issue a call for a town
83-convention to be held in the town, or, if there is no suitable location in
84-the town, then either at the nearest available location within any county
85-in which the town is located or at the county seat of any county in
86-which the town is located.
87-(c) The convention must be held not later than August 21 in each
88-year in which a municipal election is to be held. a sufficient number
89-of days in advance of the deadline to file the certificate required
90-under section 13(d) of this chapter. The purpose of the convention is
91-to select the nominees for all town offices to be elected at the next
92-municipal election and for which more than one (1) declaration of
93-candidacy has been filed.
94-(d) The chairman shall file a notice of the call with the circuit court
95-clerk of the county containing the greatest percentage of population of
96-the town. The chairman shall also have notice of the call posted at least
97-three (3) days in three (3) prominent public places in the town,
98-including the office of the clerk-treasurer. The notice must state the
99-time, place, and purpose of the convention.
100-(e) If the county chairman determines that an emergency requires
101-the rescheduling of a town convention after notice has been given
102-under subsection (d), the chairman shall promptly file a notice in the
103-office of the county election board and in the office of the town
104-clerk-treasurer stating the date, time, and place of the rescheduled
105-convention.
106-SECTION 4. IC 3-8-5-12, AS AMENDED BY P.L.74-2017,
107-SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108-JANUARY 1, 2025]: Sec. 12. (a) The town chairman and secretary of
109-each town political party committee shall act as chairman and secretary
110-of their respective conventions.
111-(b) As the first item of convention business, the town chairman shall
112-make the initial determination regarding which individuals are eligible
113-to vote in the town convention under section 11 of this chapter. If an
114-individual objects to the determination of the chairman, the matter shall
115-be put to the vote of all those individuals whose eligibility to vote is not
116-in dispute.
117-(c) As the second item of convention business, the town chairman
118-shall submit copies of proposed rules to the members of the convention
119-for adoption. The rules must provide for at least the following:
120-(1) The voting method to be used for nominating candidates at the
121-convention.
122-SEA 29 4
123-(2) The method to be used for resolving tie votes.
124-(3) Any method for removing candidates from consideration by
125-the convention if no candidate receives a majority vote from all
126-voters casting a ballot at the convention.
127-(4) The rights of nonvoting observers, media, candidate watchers,
128-or others attending the convention.
129-(d) If the town chairman of the political party committee is unable
130-or unwilling to act as chairman of the convention, the secretary acts as
131-chairman until the convention elects a chairman of the convention from
132-among the voters attending the convention. If the town secretary of the
133-political party committee is unable or unwilling to act as secretary of
134-the convention, the convention shall elect a secretary of the convention
135-from among the voters attending the convention.
136-(e) After adoption of the convention rules, the convention may
137-proceed to vote on the candidates to be nominated. The candidates for
138-town offices must be nominated by a majority of the voters present and
139-voting. If more than one (1) person may be elected to an at-large town
140-council seat, the convention shall determine the total votes received by
141-each candidate for an at-large town council seat. The candidates who
142-receive the highest number of votes, up to the total number to be
143-elected, are the nominees of the convention.
144-(f) The town convention may recess and reconvene if a majority of
145-eligible voters at the convention adopt a motion to recess and
146-reconvene. The motion must state the date, time, and location of the
147-reconvening of the convention. However, a convention may not
148-reconvene on a date following the final date permitted for a convention
149-to be convened under section 10 of this chapter. the date by which the
150-certificate must be filed with the circuit court clerk under section
151-13(d) of this chapter.
152-SEA 29 President of the Senate
153-President Pro Tempore
154-Speaker of the House of Representatives
155-Governor of the State of Indiana
156-Date: Time:
157-SEA 29
250+(3) a petition under IC 3-8-6.".
251+Page 1, line 6, after "convention" insert "in an odd-numbered year,
252+if permitted".
253+Page 1, line 9, delete "chapter." and insert "chapter or as provided
254+in section 2.5 of this chapter.".
255+Page 1, line 16, strike "not later than".
256+Page 1, line 17, delete "the date by which the" and insert "a
257+sufficient number of days in advance of the deadline to file the
258+certificate required under section 13(d) of this chapter.".
259+Page 2, delete line 1.
260+Page 2, line 2, delete "13(d) of this chapter.".
261+ES 29—LS 6153/DI 149 7
262+Renumber all SECTIONS consecutively.
263+(Reference is to SB 29 as printed January 10, 2024.)
264+DONATO
265+_____
266+COMMITTEE REPORT
267+Mr. Speaker: Your Committee on Elections and Apportionment, to
268+which was referred Senate Bill 29, has had the same under
269+consideration and begs leave to report the same back to the House with
270+the recommendation that said bill do pass.
271+(Reference is to SB 29 as reprinted January 24, 2024.)
272+WESCO
273+Committee Vote: Yeas 11, Nays 0
274+ES 29—LS 6153/DI 149