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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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 29
AN ACT to amend the Indiana Code concerning elections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-8-5-2, AS AMENDED BY P.L.278-2019,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: Sec. 2. (a) This section applies only to a town
described in section 1 of this chapter that conducts an election for
a town office during an odd-numbered year.
(a) (b) A candidate for a town office may be nominated by a major
political party using any of the following methods:
(1) By convention conducted under this chapter.
(2) By a primary election, if the town legislative body adopts an
ordinance under subsection (d). (e).
(3) If a town convention or a primary election is not required
under section 10 of this chapter for the political party of which the
candidate is a member to select the party's nominees, by the
candidate's declaration of candidacy.
(b) (c) Unless a town legislative body adopts an ordinance under
subsection (d), (e), a town shall use the convention method described
in this chapter to nominate major political party candidates for town
offices.
(c) (d) A candidate may also be nominated for a town office by:
(1) a declaration of write-in candidacy under IC 3-8-2-4;
(2) a town convention of a political party described in section 17
of this chapter; or
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(3) a petition under IC 3-8-6.
(d) (e) The town legislative body may adopt an ordinance not later
than January 1 of the year in which a municipal election is held to
establish a primary election for the nomination of major political party
candidates. The town clerk-treasurer shall file a copy of the ordinance
with the circuit court clerk of the county that contains the greatest
percentage of the town's population not later than noon on the first date
following the adoption of the ordinance that day before the first date
that a candidate may file a declaration of candidacy may be filed for
the primary under IC 3-8-2-4.
(e) (f) If a town described by section 1 of this chapter adopts an
ordinance under subsection (d) (e) to nominate major political party
candidates by a primary election, the following apply:
(1) The county election board of the county that contains the
greatest percentage of the town's population shall conduct the
primary election for the town.
(2) All statutes governing primary elections for towns apply.
(3) The town may not change the method of nominating
candidates for town offices more than one (1) time in any twelve
(12) year period.
SECTION 2. IC 3-8-5-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: Sec. 2.5. (a) This section applies only to a town
described in section 1 of this chapter that conducts an election
during an even-numbered year.
(b) A candidate for a town office may be nominated by a major
political party by a primary conducted under IC 3-10-1.
(c) A candidate may also be nominated for a town office by:
(1) a declaration of write-in candidacy under IC 3-8-2-4;
(2) a town convention of a political party described in section
17 of this chapter; or
(3) a petition under IC 3-8-6.
SECTION 3. IC 3-8-5-10, AS AMENDED BY P.L.225-2011,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: Sec. 10. (a) If more than one (1) candidate from
the same political party files a declaration of candidacy for the same
office, that political party shall conduct:
(1) a town convention in an odd-numbered year, if permitted
under this chapter; or
(2) a primary election;
to choose the nominee of that party for that office as provided in the
ordinance adopted under section 2 of this chapter or as provided in
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section 2.5 of this chapter.
(b) If a town convention is required under subsection (a), the town
chairman shall organize, conduct, and issue a call for a town
convention to be held in the town, or, if there is no suitable location in
the town, then either at the nearest available location within any county
in which the town is located or at the county seat of any county in
which the town is located.
(c) The convention must be held not later than August 21 in each
year in which a municipal election is to be held. a sufficient number
of days in advance of the deadline to file the certificate required
under section 13(d) of this chapter. The purpose of the convention is
to select the nominees for all town offices to be elected at the next
municipal election and for which more than one (1) declaration of
candidacy has been filed.
(d) The chairman shall file a notice of the call with the circuit court
clerk of the county containing the greatest percentage of population of
the town. The chairman shall also have notice of the call posted at least
three (3) days in three (3) prominent public places in the town,
including the office of the clerk-treasurer. The notice must state the
time, place, and purpose of the convention.
(e) If the county chairman determines that an emergency requires
the rescheduling of a town convention after notice has been given
under subsection (d), the chairman shall promptly file a notice in the
office of the county election board and in the office of the town
clerk-treasurer stating the date, time, and place of the rescheduled
convention.
SECTION 4. IC 3-8-5-12, AS AMENDED BY P.L.74-2017,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: Sec. 12. (a) The town chairman and secretary of
each town political party committee shall act as chairman and secretary
of their respective conventions.
(b) As the first item of convention business, the town chairman shall
make the initial determination regarding which individuals are eligible
to vote in the town convention under section 11 of this chapter. If an
individual objects to the determination of the chairman, the matter shall
be put to the vote of all those individuals whose eligibility to vote is not
in dispute.
(c) As the second item of convention business, the town chairman
shall submit copies of proposed rules to the members of the convention
for adoption. The rules must provide for at least the following:
(1) The voting method to be used for nominating candidates at the
convention.
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(2) The method to be used for resolving tie votes.
(3) Any method for removing candidates from consideration by
the convention if no candidate receives a majority vote from all
voters casting a ballot at the convention.
(4) The rights of nonvoting observers, media, candidate watchers,
or others attending the convention.
(d) If the town chairman of the political party committee is unable
or unwilling to act as chairman of the convention, the secretary acts as
chairman until the convention elects a chairman of the convention from
among the voters attending the convention. If the town secretary of the
political party committee is unable or unwilling to act as secretary of
the convention, the convention shall elect a secretary of the convention
from among the voters attending the convention.
(e) After adoption of the convention rules, the convention may
proceed to vote on the candidates to be nominated. The candidates for
town offices must be nominated by a majority of the voters present and
voting. If more than one (1) person may be elected to an at-large town
council seat, the convention shall determine the total votes received by
each candidate for an at-large town council seat. The candidates who
receive the highest number of votes, up to the total number to be
elected, are the nominees of the convention.
(f) The town convention may recess and reconvene if a majority of
eligible voters at the convention adopt a motion to recess and
reconvene. The motion must state the date, time, and location of the
reconvening of the convention. However, a convention may not
reconvene on a date following the final date permitted for a convention
to be convened under section 10 of this chapter. the date by which the
certificate must be filed with the circuit court clerk under section
13(d) of this chapter.
SEA 29 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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