Introduced Version
SENATE BILL No. 355
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5; IC 3-10; IC 3-11; IC 3-13-8-4; IC 33-35;
IC 36-1-2; IC 36-1.5-4; IC 36-3; IC 36-4; IC 36-5.
Synopsis: Municipal elections. Moves, as a general rule, elections of
city and town officers to even-numbered years. Allows a municipality
to pass a resolution to opt out of the general rule. Specifies a process
by which the voters of the municipality may override the municipality's
resolution. Increases the amount of time that a voter may remain in the
voting booth at a primary, general, municipal, or special election, from
four minutes to seven minutes. Makes conforming amendments.
Effective: Upon passage.
Gaskill
January 13, 2025, read first time and referred to Committee on Elections.
2025 IN 355—LS 7296/DI 144 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE BILL No. 355
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 3-5-1-3 IS ADDED TO THE INDIANA CODE AS
2 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
3 PASSAGE]: Sec. 3. (a) Whenever a statute in this title, IC 6, IC 20,
4 or IC 36 refers to a municipal primary election, the reference is to
5 the primary election in a municipality at which candidates are
6 nominated for election to municipal offices, as applicable to the
7 municipality under IC 3-10-5.5, IC 3-10-6, or IC 3-10-7.
8 (b) Whenever a statute in this title, IC 6, IC 20, or IC 36 refers
9 to a municipal election or a municipal general election, the
10 reference is to the general election in a municipality at which
11 candidates are elected to municipal offices, as applicable to the
12 municipality under IC 3-10-5.5, IC 3-10-6, or IC 3-10-7.
13 SECTION 2. IC 3-5-2-33.3 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]: Sec. 33.3. "Nonpresidential election year"
16 refers to an even-numbered year that is not a presidential election
17 year.
2025 IN 355—LS 7296/DI 144 2
1 SECTION 3. IC 3-5-2-40.2 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 40.2. "Presidential election year" refers to
4 a year in which an election for electors for President of the United
5 States is held.
6 SECTION 4. IC 3-10-5.5 IS ADDED TO THE INDIANA CODE
7 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]:
9 Chapter 5.5. Elections for Municipal Offices
10 Sec. 1. (a) Except as provided in subsection (b) and section 2 of
11 this chapter, this chapter applies to an election for a municipal
12 office after June 30, 2025.
13 (b) This chapter does not apply to the town of Vernon
14 (incorporated under Local Acts 1851, c.1, as amended).
15 Sec. 2. (a) The legislative body (as defined in IC 36-1-2-9) of a
16 municipality may adopt a resolution not later than July 1, 2025,
17 providing that the municipality elects to hold municipal elections
18 in the year before a presidential election year. A municipality that
19 adopts a resolution under this subsection shall file a copy of the
20 resolution with the secretary of state.
21 (b) If the legislative body of a municipality adopts a resolution
22 under subsection (a), the county election board shall place the
23 following question on the ballot in all of the precincts of the
24 municipality at the 2026 primary election:
25 "Shall elections for municipal offices in (insert the name of
26 the municipality) be held on the same date as the general
27 election in each even-numbered year? If this public question
28 is approved by the voters, elections for municipal offices will
29 not be held in the odd-numbered year before each presidential
30 election year.".
31 (c) If a majority of the votes cast on the question under
32 subsection (b) are in the affirmative, this chapter applies to the
33 municipality. Except as provided in section 6(c)(1) and 6(d) of this
34 chapter, if a majority of the votes cast on the question under
35 subsection (b) are in the negative, this chapter does not apply to the
36 municipality.
37 Sec. 3.(a) An individual elected to a municipal office at the 2023
38 municipal election is entitled to hold over after the expiration of the
39 individual's term until a successor has been elected and qualified
40 under subsection (b).
41 (b) The successor of an individual elected to a municipal office
42 at the 2023 municipal election shall:
2025 IN 355—LS 7296/DI 144 3
1 (1) be elected at the 2028 general election; and
2 (2) take office at noon on January 1, 2029.
3 (c) The successors of an individual elected to a municipal office
4 under subsection (b) shall:
5 (1) be elected at the general election held in each presidential
6 election year;
7 (2) take office the following January 1 at noon; and
8 (3) serve a term of four (4) years.
9 Sec. 4. (a) An individual elected as a judge of a city or town
10 court at the 2023 municipal election is entitled to hold over after
11 the expiration of the individual's term until a successor has been
12 elected and qualified under subsection (b).
13 (b) The successor of an individual elected as a judge of a city or
14 town court at the 2023 municipal election shall:
15 (1) be elected at the 2028 general election; and
16 (2) take office at noon on January 1, 2029.
17 (c) The successors of an individual elected as a judge of a city or
18 town court under subsection (b) shall:
19 (1) be elected at the general election held in each presidential
20 election year;
21 (2) take office the following January 1 at noon; and
22 (3) serve a term of four (4) years.
23 Sec. 5. Except as provided in section 6 of this chapter, the
24 successors of an individual elected to a municipal office at the 2022
25 general election shall:
26 (1) be elected at the general election held in each
27 nonpresidential election year;
28 (2) take office the following January 1 at noon; and
29 (3) serve a term of four (4) years.
30 Sec. 6. (a) This section applies to an individual elected to a
31 municipal office at the 2022 general election in a municipality in
32 which the legislative body has adopted a resolution under section
33 2(a) of this chapter.
34 (b) An individual described in subsection (a) is entitled to hold
35 over after the expiration of the individual's term until a successor
36 has been elected and qualified under subsection (c).
37 (c) The successor of an individual described in subsection (a)
38 shall be elected as follows:
39 (1) If a majority of the votes cast on the question under
40 section 2(b) of this chapter are in the negative, the successor
41 shall be elected:
42 (A) at the 2027 municipal election; and
2025 IN 355—LS 7296/DI 144 4
1 (B) under IC 3-10-6 or IC 3-10-7, whichever applies to the
2 municipality.
3 (2) If a majority of the votes cast on the question under
4 section 2(b) of this chapter are in the affirmative, the
5 successor shall:
6 (A) be elected at the 2028 general election; and
7 (B) take office January 1, 2029.
8 (d) Except as otherwise provided by law, the successors of an
9 individual elected under subsection (c)(1) shall:
10 (1) be elected:
11 (A) at the municipal election held in each odd-numbered
12 year before a presidential election year; and
13 (B) under IC 3-10-6 or IC 3-10-7, whichever applies to the
14 municipality;
15 (2) take office the following January 1; and
16 (3) serve a term of four (4) years.
17 (e) The successors of an individual elected under subsection
18 (c)(2) shall:
19 (1) be elected at the general election held in each presidential
20 election year;
21 (2) take office the following January 1; and
22 (3) serve a term of four (4) years.
23 Sec. 7. The successors of an individual elected to a municipal
24 office at the 2024 general election shall:
25 (1) be elected at the general election held in each presidential
26 election year;
27 (2) take office the following January 1; and
28 (3) serve a term of four (4) years.
29 Sec. 8. (a) This section applies to each political party whose
30 nominee received at least ten percent (10%) of the votes cast for
31 secretary of state at the most recent election for secretary of state.
32 (b) The political party shall nominate all candidates for election
33 to municipal offices at a primary election as provided in this
34 article.
35 Sec. 9. (a) This section applies to a candidate of a political party:
36 (1) not qualified to conduct a primary election under this
37 article; and
38 (2) not required to nominate candidates by a petition of
39 nomination under IC 3-8-6.
40 (b) Notwithstanding IC 3-10-6-1, a candidate for election to a
41 municipal office must be nominated at a convention in the manner
42 described in IC 3-10-6-12.
2025 IN 355—LS 7296/DI 144 5
1 Sec. 10. The general election for municipal offices shall be held
2 on the first Tuesday after the first Monday in November of the
3 following:
4 (1) A presidential election year, for municipal offices whose
5 terms expire at the end of the presidential election year.
6 (2) A nonpresidential election year, for municipal offices
7 whose terms expire at the end of the nonpresidential election
8 year.
9 Sec. 11. (a) In accordance with IC 3-11-1.5 and to the extent
10 applicable and feasible, the circuit court clerk, the county fiscal
11 body, the county executive, and the county election board of each
12 county in which there are voters who are entitled to vote for offices
13 in a municipality, but who live in a county adjacent to the county
14 in which the greatest percentage of the population of the
15 municipality resides, shall:
16 (1) upon written request of their counterpart election officers
17 in the county with the greatest percentage of the population
18 of the municipality, establish precincts in the municipality;
19 and
20 (2) supply the precincts established with poll lists and perform
21 all other duties under this title as if the voters were
22 inhabitants of a municipality with the greatest percentage of
23 its population within that county.
24 (b) The commission shall, if necessary, implement this section by
25 orders and rules. Local governments may use IC 36-1-7 for
26 contractual agreements concerning the costs of services, supplies,
27 and equipment required.
28 SECTION 5. IC 3-10-6-1 IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter applies to
30 municipal and school district elections in the following municipalities
31 to which IC 3-10-5.5 does not apply:
32 (1) All cities.
33 (2) Towns having a population of three thousand five hundred
34 (3,500) or more.
35 (3) Towns located entirely or partially within a county having a
36 consolidated city, regardless of their population.
37 (b) Prison inmates may not be counted in determining population
38 size for purposes of this chapter.
39 SECTION 6. IC 3-10-6.5 IS REPEALED [EFFECTIVE UPON
40 PASSAGE]. (Elections in Even-Numbered Years for Towns and
41 Certain Cities).
42 SECTION 7. IC 3-10-7-1 IS AMENDED TO READ AS FOLLOWS
2025 IN 355—LS 7296/DI 144 6
1 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter applies to
2 municipal elections in towns having a town that meets all of the
3 following requirements:
4 (1) IC 3-10-5.5 does not apply to the town.
5 (2) The town has a population of less than three thousand five
6 hundred (3,500). that are
7 (3) The town is not located entirely or partially within a county
8 having a consolidated city.
9 (b) Prison inmates may not be counted in determining population
10 size for purposes of this chapter.
11 SECTION 8. IC 3-10-12-3.4, AS AMENDED BY P.L.74-2017,
12 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 UPON PASSAGE]: Sec. 3.4. (a) This section applies to a voter who:
14 (1) changes residence from a precinct in a county to another
15 precinct:
16 (A) in the same county; and
17 (B) in the same congressional district;
18 as the former precinct; and
19 (2) does not notify the county voter registration office of the
20 change of address before election day.
21 (b) A voter described by subsection (a) may:
22 (1) correct the voter registration record; and
23 (2) vote in the precinct where the voter formerly resided;
24 if the voter makes an oral affirmation as described in subsection (e) or
25 uses the affidavit prescribed by the election division under
26 IC 3-10-11-6 to make a written affirmation of the voter's current
27 residence address as described in section 4 of this chapter. of the
28 voter's current residence address.
29 (c) A voter who moved outside of a municipality may not return to
30 the precinct where the voter formerly resided to vote in a municipal an
31 election for municipal offices of that municipality.
32 (d) A voter who moved from a location outside a municipality to a
33 location within a municipality before a:
34 (1) municipal primary election for municipal offices;
35 (2) municipal general election for municipal offices; or
36 (3) special election held only within the municipality;
37 may not vote in the municipal primary election municipal for
38 municipal offices, general election for municipal offices, or special
39 election held only within the municipality in the precinct of the person's
40 former residence.
41 (e) A voter entitled to make a written affirmation under subsection
42 (b) may make an oral affirmation. The voter must make the oral
2025 IN 355—LS 7296/DI 144 7
1 affirmation before the poll clerks of the precinct. After the voter makes
2 an oral affirmation under this subsection, the poll clerks shall:
3 (1) reduce the substance of the affirmation to writing at an
4 appropriate location on the poll list; and
5 (2) initial the affirmation.
6 SECTION 9. IC 3-11-1.5-25 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 25. (a) In a year
8 in which a general election is held, a precinct establishment order
9 may not become effective during the following periods:
10 (1) In a year in which a general election is held, the period
11 beginning on the first day that a declaration of candidacy may be
12 filed under IC 3-8-2-4 and ending the day following general
13 election day.
14 (2) (b) This subsection applies to a municipal election that is
15 held in a municipality to which IC 3-10-5.5 does not apply. For
16 precincts located wholly or partially within a municipality, a precinct
17 establishment order may not become effective after January 31 and
18 before the day following municipal election day, in a year in which a
19 municipal election is held.
20 SECTION 10. IC 3-11-1.5-33 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 33. (a) If the
22 boundaries of a municipality are extended before a municipal primary
23 election or a municipal an election:
24 (1) to nominate candidates for municipal offices; or
25 (2) to elect candidates for municipal offices;
26 and the territory within those boundaries has not been included in
27 precincts wholly within the municipality, the voters within the extended
28 boundaries may vote, if otherwise qualified, in the municipal primary
29 election or municipal the general election.
30 (b) The voters may vote in the precinct in which they have their
31 residence as if the precinct had been established to include them in a
32 precinct wholly within the municipality. These votes shall be counted
33 and included in the canvass of the votes cast in the municipal primary
34 election or municipal the general election.
35 SECTION 11. IC 3-11-1.5-35, AS AMENDED BY P.L.2-2005,
36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 UPON PASSAGE]: Sec. 35. (a) This section applies to a county that
38 has a precinct that crosses a boundary in violation of section 4(4), 4(5),
39 or 4(6) of this chapter.
40 (b) Notwithstanding section 25 of this chapter, if the county does
41 not issue a precinct establishment order that establishes precincts in
42 compliance with section 4(4), 4(5), and 4(6) of this chapter by the
2025 IN 355—LS 7296/DI 144 8
1 January 31 following the last effective date described in section 25(2)
2 25(b) of this chapter, the commission may issue an order establishing
3 precincts as provided under subsection (c).
4 (c) An order issued by the commission under this section must
5 comply with section 4(4), 4(5), and 4(6) of this chapter.
6 (d) The co-directors shall send a copy of the commission's order to
7 the office.
8 SECTION 12. IC 3-11-10-26.5, AS AMENDED BY P.L.109-2021,
9 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 UPON PASSAGE]: Sec. 26.5. (a) This section applies to:
11 (1) a municipal election conducted in a municipality to which
12 IC 3-10-5.5 does not apply;
13 (2) a primary conducted in a municipal election year in a
14 municipality to which IC 3-10-5.5 does not apply; and
15 (3) a special election conducted under IC 3-10-8 and that is not
16 conducted at the same time as any other election.
17 (b) Notwithstanding section 26 of this chapter or IC 3-11-18.1-4 in
18 a vote center county, a county election board (or a town election board
19 acting under IC 3-10-7) may adopt a resolution or an amendment to a
20 county vote center plan by the unanimous vote of the board's entire
21 membership stating that voters are entitled to vote by absentee ballot
22 before an absentee voter board in the office of the circuit court clerk or
23 town election board during specific days and hours identified in the
24 resolution.
25 (c) If the election board adopts a resolution or an amendment under
26 subsection (b), the board must include written findings of fact in the
27 resolution or amendment stating:
28 (1) the number of absentee ballot applications anticipated or
29 previously received for the election;
30 (2) the expense to be incurred by providing absentee ballot voting
31 in the office during the entire period required under section 26 of
32 this chapter; and
33 (3) that voters would experience little or no inconvenience by
34 restricting absentee ballot voting in the office to the days and
35 hours specified in the resolution or amendment.
36 SECTION 13. IC 3-11-11-10.5, AS AMENDED BY P.L.193-2021,
37 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 UPON PASSAGE]: Sec. 10.5. (a) At a primary election, a voter may
39 not remain in the voting booth longer than five (5) seven (7) minutes.
40 (b) At a general, municipal, or special election, a voter may not
41 remain in the voting booth longer than four (4) seven (7) minutes.
42 (c) If a voter refuses to leave the voting booth after the lapse of the
2025 IN 355—LS 7296/DI 144 9
1 time provided under subsection (a) or (b), the precinct election board,
2 or the election sheriff or sheriffs upon the order of the board, shall
3 immediately remove the voter from the booth.
4 SECTION 14. IC 3-11-13-32.5, AS AMENDED BY P.L.193-2021,
5 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 UPON PASSAGE]: Sec. 32.5. (a) At a primary election, a voter may
7 not remain in the voting booth or compartment longer than five (5)
8 seven (7) minutes.
9 (b) At a general, municipal, or special election, a voter may not
10 remain in the voting booth or compartment longer than four (4) seven
11 (7) minutes.
12 (c) If a voter refuses to leave a voting booth or compartment after
13 the lapse of the time provided under subsection (a) or (b), the precinct
14 election board, or the election sheriff or sheriffs upon the order of the
15 board, shall immediately remove the voter from the booth or
16 compartment.
17 SECTION 15. IC 3-11-14-26, AS AMENDED BY P.L.193-2021,
18 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 UPON PASSAGE]: Sec. 26. At a primary election, a voter may not
20 remain in the voting booth longer than five (5) seven (7) minutes.
21 SECTION 16. IC 3-11-14-27, AS AMENDED BY P.L.193-2021,
22 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 UPON PASSAGE]: Sec. 27. At a general, municipal, or special
24 election, a voter may not remain in the voting booth longer than four
25 (4) seven (7) minutes.
26 SECTION 17. IC 3-13-8-4, AS AMENDED BY P.L.119-2005,
27 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 UPON PASSAGE]: Sec. 4. (a) This section applies to a vacancy in the
29 city-county council of a first class city not covered by section 1 of this
30 chapter.
31 (b) A vacancy shall be filled by a majority of the remaining
32 members of the council at a regular or special meeting. The city clerk
33 shall give notice of the meeting. Except as provided in subsection (c),
34 the meeting shall be held not later than thirty (30) days after the
35 vacancy occurs. The notice must:
36 (1) be in writing;
37 (2) state the purpose of the meeting;
38 (3) state the date, time, and place of the meeting; and
39 (4) be sent by first class mail to each council member at least ten
40 (10) days before the meeting.
41 (c) If a vacancy exists because of the death of a council member, the
42 council shall meet and select an individual to fill the vacancy not later
2025 IN 355—LS 7296/DI 144 10
1 than thirty (30) days after the city clerk receives notice of the death
2 under IC 5-8-6. The city clerk may not give the notice required by
3 subsection (b) until the city clerk receives notice of the death under
4 IC 5-8-6.
5 (d) The appointed member serves until a successor is elected and
6 qualified at the next municipal or general election whichever occurs
7 first. for members of the city-county council. The successor serves
8 from noon January 1 following that election to noon January 1
9 following the next municipal election for members of the city-county
10 council, as provided in IC 36-3-4-2. The persons appointed and elected
11 must be resident voters in the district where the vacancy occurred,
12 unless the vacancy occurred in an at large seat.
13 SECTION 18. IC 33-35-1-1, AS AMENDED BY P.L.141-2023,
14 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]: Sec. 1. (a) During 2026, 2030, 2034, 2038, 2042,
16 and every fourth year after that, a second or third class city or a town
17 may by ordinance establish or abolish a city or town court. An
18 ordinance to establish a city or town court must be adopted not less
19 than one (1) year before the judge's term would begin under
20 IC 3-10-5.5-4 or section 3 of this chapter.
21 (b) The judge for a court established under subsection (a) shall be
22 elected under one (1) of the following, as applicable to the
23 municipality:
24 (1) IC 3-10-6 or IC 3-10-7, at the municipal election in November
25 2023, 2027, 2031, 2035, 2039, 2043, and every four (4) years
26 thereafter.
27 (2) IC 3-10-5.5.
28 (c) A court established under subsection (a) comes into existence on
29 January 1 of the year following the year in which a judge is elected to
30 serve in that court.
31 (d) A city or town court in existence on January 1, 1986, may
32 continue in operation until it is abolished by ordinance.
33 (e) A city or town that establishes or abolishes a court under this
34 section shall give notice of its action to the following:
35 (1) The office of judicial administration under IC 33-24-6.
36 (2) The secretary of state.
37 (3) The circuit court clerk of the county in which the greatest
38 population of the city or town resides.
39 SECTION 19. IC 33-35-1-3, AS AMENDED BY P.L.109-2015,
40 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 UPON PASSAGE]: Sec. 3. (a) Subsections (b) through (f) apply only
42 to a city or town to which IC 3-10-6 or IC 3-10-7 applies.
2025 IN 355—LS 7296/DI 144 11
1 (a) (b) The judge of a city or town court shall be elected under
2 IC 3-10-6 or IC 3-10-7 by the voters of the city or town.
3 (b) (c) Except as provided in subsections (c), (d), and (e), and (f),
4 the term of office of a judge elected under this section is four (4) years,
5 beginning at noon January 1 after election and continuing until a
6 successor is elected and qualified.
7 (c) (d) This subsection applies to a town that adopts an ordinance
8 under IC 3-10-6-2.6. The term of office of:
9 (1) a judge elected at the next municipal election not conducted
10 in a general election year is one (1) year; and
11 (2) the successors to the judge described in subdivision (1) is four
12 (4) years;
13 beginning at noon January 1 after election and continuing until a
14 successor is elected and qualified.
15 (d) (e) This subsection applies to a town that adopts an ordinance
16 under IC 3-10-7-2.7. The term of office of:
17 (1) a judge elected at the next municipal election not conducted
18 in a general election year is three (3) years; and
19 (2) the successors to the judge described in subdivision (1) is four
20 (4) years;
21 beginning noon January 1 after election and continuing until a
22 successor is elected and qualified.
23 (e) (f) This subsection applies to a town that adopts an ordinance
24 under IC 3-10-7-2.9. The term of office of:
25 (1) a judge elected in the first election cycle after adoption of the
26 ordinance is the term of office provided by the ordinance, not to
27 exceed four (4) years; and
28 (2) the successors of the judge described in subdivision (1) is four
29 (4) years.
30 (f) (g) Before beginning the duties of office, the judge of a city or
31 town court shall, in the manner prescribed by IC 5-4-1, execute a bond
32 conditioned upon the faithful discharge of the duties of office.
33 SECTION 20. IC 33-35-3-1 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The officers
35 of a city court are a:
36 (1) judge;
37 (2) clerk; and
38 (3) bailiff.
39 However, in third class cities, the judge may act as clerk and perform
40 all duties of the clerk of the court or appoint a clerk of the court. If the
41 judge does not act as clerk of the court or appoint a clerk of the court,
42 the city clerk-treasurer elected under IC 3-10-5.5 or IC 3-10-6 shall
2025 IN 355—LS 7296/DI 144 12
1 perform the duties of the clerk of the city court.
2 (b) The clerk is an officer of a town court. The judge of a town court
3 may act as clerk and perform all duties of the clerk of the court or
4 appoint a clerk of the court. If the judge does not act as a clerk of the
5 court or appoint a clerk of the court, the town clerk-treasurer elected
6 under IC 3-10-5.5, IC 3-10-6, or IC 3-10-7 shall perform the duties of
7 the clerk of the town court.
8 (c) The clerk and bailiff may not receive any fees or compensation
9 other than their salaries.
10 SECTION 21. IC 36-1-2-11.5 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE UPON PASSAGE]: Sec. 11.5. "Nonpresidential
13 election year" has the meaning set forth in IC 3-5-2-33.3.
14 SECTION 22. IC 36-1-2-13.5 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE UPON PASSAGE]: Sec. 13.5. "Presidential election
17 year" has the meaning set forth in IC 3-5-2-40.2.
18 SECTION 23. IC 36-1.5-4-35, AS ADDED BY P.L.186-2006,
19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 UPON PASSAGE]: Sec. 35. (a) This section applies to an initial
21 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:
31 (1) the town election boards of each of the reorganizing political
32 subdivisions, if IC 3-10-7-1 applies to all of the reorganizing
33 political subdivisions; or
34 (2) the:
35 (A) town election board of each reorganizing political
36 subdivision to which IC 3-10-7-1 applies; and
37 (B) county election board for each reorganizing political
38 subdivision to which IC 3-10-7-1 does not apply.
39 SECTION 24. IC 36-1.5-4-36, AS AMENDED BY P.L.113-2010,
40 SECTION 112, IS AMENDED TO READ AS FOLLOWS
41 [EFFECTIVE UPON PASSAGE]: Sec. 36. (a) This section applies if
42 section 5 of this chapter requires an election for a reorganization to
2025 IN 355—LS 7296/DI 144 13
1 become effective.
2 (b) At the next:
3 (1) general election, if:
4 (A) the reorganized political subdivision is not a municipality
5 or a school corporation; or
6 (B) the reorganized political subdivision results from a
7 reorganization including a county and at least one (1)
8 municipality; or
9 (C) the reorganized political subdivision is a municipality
10 to which IC 3-10-5.5 applies;
11 (2) municipal election, if the reorganized political subdivision is
12 a municipality to which IC 3-10-5.5 does not apply; or
13 (3) primary or general election, as specified in an election plan
14 adopted in substantially identical resolutions by the legislative
15 body of each of the participating political subdivisions if the
16 reorganized political subdivision is a school corporation;
17 after the voters approve a reorganization, one (1) set of officers for the
18 reorganized political subdivision having the combined population of
19 the reorganizing political subdivisions shall be elected by the voters in
20 the territory of the reorganized political subdivision as prescribed by
21 statute.
22 (c) In the election described in subsection (b):
23 (1) one (1) member of the legislative body of the reorganized
24 political subdivision shall be elected from each election district
25 established by the reorganizing political subdivisions in
26 substantially identical resolutions adopted by the legislative body
27 of each of the reorganizing political subdivisions; and
28 (2) the total number of at large members shall be elected as
29 prescribed by statute for the reorganized political subdivision.
30 (d) If appointed officers are required in the reorganized political
31 subdivision, one (1) set of appointed officers shall be appointed for the
32 reorganized political subdivision. The appointments shall be made as
33 required by statute for the reorganized political subdivision. Any
34 statute requiring an appointed officer to reside in the political
35 subdivision where the appointed officer resides shall be treated as
36 permitting the appointed officer to reside in any part of the territory of
37 the reorganized political subdivision.
38 SECTION 25. IC 36-3-3-2 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A mayor,
40 who is the executive of both the consolidated city and the county, shall
41 be elected under IC 3-10-5.5 or IC 3-10-6, whichever is applicable to
42 the consolidated city, by the voters of the whole county.
2025 IN 355—LS 7296/DI 144 14
1 (b) To be eligible to serve as the executive, a person must meet the
2 qualifications prescribed by IC 3-8-1-24.
3 (c) The term of office of an executive is four (4) years, beginning at
4 noon on January 1 after election and continuing until a successor is
5 elected and qualified.
6 SECTION 26. IC 36-3-4-2, AS AMENDED BY P.L.193-2021,
7 SECTION 109, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A city-county council,
9 which is the legislative body of both the consolidated city and the
10 county, shall be elected under IC 3-10-5.5 or IC 3-10-6, whichever is
11 applicable to the consolidated city, by the voters of the county. The
12 city-county council consists of twenty-five (25) members.
13 (b) To be eligible to serve as a member of the legislative body, a
14 person must meet the qualifications prescribed by IC 3-8-1-25.
15 (c) A member of the legislative body must reside within:
16 (1) the county as provided in Article 6, Section 6 of the
17 Constitution of the State of Indiana; and
18 (2) the district from which the member was elected.
19 (d) A vacancy in the legislative body occurs whenever a member:
20 (1) dies, resigns, or is removed from office;
21 (2) ceases to be a resident of the district from which the member
22 was elected; or
23 (3) is incapacitated to the extent that the member is unable to
24 perform the member's duties for more than six (6) months.
25 (e) The vacancy shall be filled under IC 3-13-8.
26 (f) The term of office of a member of the legislative body is four (4)
27 years, beginning at noon on January 1 after election and continuing
28 until a successor is elected and qualified.
29 SECTION 27. IC 36-4-1-8 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) Whenever
31 the classification of a city under section 1 of this chapter changes due
32 to a change in the city's population, the city shall be governed by the
33 laws applicable to its new class, except as provided by subsection (b).
34 (b) The membership of a city legislative body remains unchanged
35 until the expiration of the terms of its members, despite a change in the
36 classification of the city for any reason. At the:
37 (1) municipal election, if IC 3-10-5.5 does not apply to the city;
38 or
39 (2) general election, if IC 3-10-5.5 applies to the city;
40 preceding the expiration of those terms, the number of members of the
41 legislative body required by the laws applicable to its new class shall
42 be elected. The powers, duties, functions, and office of an elected
2025 IN 355—LS 7296/DI 144 15
1 official of a city shall remain unchanged until the expiration of the term
2 of the elected official, despite a change in city classification for any
3 reason.
4 SECTION 28. IC 36-4-1.5-3, AS AMENDED BY P.L.202-2013,
5 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 UPON PASSAGE]: Sec. 3. (a) A town legislative body may satisfy the
7 requirements of this section in an ordinance adopted either before or
8 after the town's voters vote on the question described in section 2 of
9 this chapter.
10 (b) If a resolution is adopted under section 2 of this chapter, the
11 town legislative body shall adopt an ordinance providing for the
12 transition from governance as a town to governance as a city. The
13 ordinance adopted under this section must include the following
14 details:
15 (1) A division of the town into city legislative body districts as
16 provided in the applicable provisions of IC 36-4-6.
17 (2) Provisions for the election of the following officers:
18 (A) The city executive.
19 (B) The members of the city legislative body.
20 (C) The city clerk or city clerk-treasurer as appropriate under
21 IC 36-4-10.
22 (3) The date of the first election of the city officers. The first
23 election may be held only on the date of the next general election
24 or municipal election whichever is earlier, at which officers are
25 elected in the municipality under IC 3-10-5.5, IC 3-10-6, or
26 IC 3-10-7, following the date fixed for an election under section
27 2 of this chapter on the question of whether the town should be
28 changed into a city. Candidates for election to the city offices
29 shall be nominated:
30 (A) at the corresponding primary election during a general
31 election year or a municipal election year; or
32 (B) as otherwise provided in IC 3.
33 (4) Subject to section 4 of this chapter, the term of office of each
34 city officer elected at the first election of city officers.
35 (5) Any other details the town legislative body considers useful in
36 providing for the transition of the town into a city.
37 (c) An ordinance adopted under this section is effective only if the
38 voters of the town approve the conversion of the town into a city under
39 section 2(6) of this chapter.
40 (d) The provisions of an ordinance adopted under this section are
41 subject to all other laws governing the structure of city government.
42 (e) Subject to this chapter, the town legislative body or the city
2025 IN 355—LS 7296/DI 144 16
1 legislative body (after the town is changed into a city) may amend an
2 ordinance adopted under this section.
3 SECTION 29. IC 36-4-1.5-4, AS ADDED BY P.L.111-2005,
4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 4. (a) Notwithstanding any other law, the term
6 of office of the city officers elected at the first election of city officers
7 held under the ordinance adopted under section 3 of this chapter:
8 (1) begins on January 1 after the first election of city officers; and
9 (2) may not extend after December 31 of the next:
10 (A) municipal election year that occurs after the first election
11 of city officers, if IC 3-10-5.5 does not apply to the city; or
12 (B) general election year that occurs after the first election
13 of city officers, if IC 3-10-5.5 applies to the city.
14 (b) The ordinance adopted under section 3 of this chapter may
15 provide for a shorter term of office for specified members of the city
16 legislative body to stagger terms as permitted under IC 3 and IC 36-4-6.
17 However, if IC 3-10-5.5 does not apply to the city, the ordinance
18 may provide for a shorter term of office under this subsection only
19 if a general election will occur in an even-numbered year before the
20 next municipal election occurring in the odd-numbered year before
21 a presidential election year, after the first election of city officers.
22 (c) After the first municipal election after the first election of city
23 officers, the term of office of each city officer is four (4) years.
24 SECTION 30. IC 36-4-2-8 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. An election held
26 under section 2 or 3 of this chapter may not be held in a calendar year
27 in which a general municipal election is to be held in the
28 odd-numbered year before a presidential election year.
29 SECTION 31. IC 36-4-2-10 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) At the next
31 general municipal election After a vote in favor of a merger at an
32 election held under section 2 or 3 of this chapter, one (1) set of officers
33 for a municipality having the combined population of the merging
34 municipalities shall be elected by the voters of the merging
35 municipalities as prescribed by statute, except that:
36 (1) one (1) member of the municipal legislative body shall be
37 elected from each district established under section 12 of this
38 chapter; and
39 (2) the total number of at large members prescribed by statute for
40 the municipal legislative body shall be elected.
41 (b) An election under subsection (a) must be held at the next:
42 (1) municipal election occurring in the odd-numbered year
2025 IN 355—LS 7296/DI 144 17
1 before a presidential election year, if IC 3-10-5.5 does not
2 apply to each of the merging municipalities; or
3 (2) general election, if IC 3-10-5.5 applies to one (1) or more
4 of the merging municipalities.
5 SECTION 32. IC 36-4-2-12 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The
7 legislative bodies of municipalities that vote to merge under this
8 chapter shall meet in joint session at the hall of the municipality having
9 the largest population at 8 p.m. on the second Monday of January of the
10 next year in which a:
11 (1) general municipal election is to be held, if IC 3-10-5.5 applies
12 to one (1) or more of the merging municipalities; or
13 (2) municipal election is to be held in the odd-numbered year
14 before a presidential election year, if IC 3-10-5.5 does not
15 apply to each of the merging municipalities.
16 (b) At the joint meeting, the legislative bodies shall:
17 (1) elect a presiding officer and clerk; and
18 (2) fix, by joint resolution, the boundaries of the districts from
19 which members will be elected to the legislative body of the new
20 municipality.
21 The legislative bodies shall fix the district boundaries so that, as nearly
22 as is possible, all parts of the merging municipalities have equal
23 representation in the legislative body of the new municipality. The
24 district boundaries fixed under this subsection constitute the district
25 boundaries for the new municipality until they are altered by the
26 legislative body of the new municipality.
27 (b) (c) If any territory in the municipality is not included in one (1)
28 of the districts established under subsection (a), (b), the territory is
29 included in the district that:
30 (1) is contiguous to that territory; and
31 (2) contains the least population of all districts contiguous to that
32 territory.
33 (c) (d) If any territory in the municipality is included in more than
34 one (1) of the districts established under subsection (a), (b), the
35 territory is included in the district that:
36 (1) is one (1) of the districts in which the territory is described in
37 the joint resolution adopted under subsection (a); (b);
38 (2) is contiguous to that territory; and
39 (3) contains the least population of all districts contiguous to that
40 territory.
41 (d) (e) A copy of the joint resolution passed under subsection (a) (b)
42 shall be:
2025 IN 355—LS 7296/DI 144 18
1 (1) certified by the presiding officer;
2 (2) attested by the clerk; and
3 (3) filed with the legislative body of each of the merging
4 municipalities and the circuit court clerk of each county in which
5 the municipalities are located.
6 SECTION 33. IC 36-4-5-2 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A mayor,
8 who is the city executive, shall be elected under:
9 (1) IC 3-10-5.5; or
10 (2) IC 3-10-6;
11 as applicable to the city, by the voters of each city.
12 (b) A person is eligible to be a city executive only if the person
13 meets the qualifications prescribed by IC 3-8-1-26.
14 (c) Residency in territory that is annexed by the city before the
15 election is considered residency for the purposes of subsection (b),
16 even if the annexation takes effect less than one (1) year before the
17 election.
18 (d) The city executive must reside within the city as provided in
19 Article 6, Section 6 of the Constitution of the State of Indiana. The
20 executive forfeits office if the executive ceases to be a resident of the
21 city.
22 (e) The term of office of a city executive is four (4) years, beginning
23 at noon on January 1 after election and continuing until a successor is
24 elected and qualified.
25 SECTION 34. IC 36-4-6-2 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A common
27 council, which is the city legislative body, shall be elected under:
28 (1) IC 3-10-5.5; or
29 (2) IC 3-10-6;
30 as applicable to the city, by the voters of each city.
31 (b) A person is eligible to be a member of the legislative body only
32 if the person meets the qualifications prescribed by IC 3-8-1-27.
33 (c) Residency in territory that is annexed by the city before the
34 person files a declaration of candidacy or petition of nomination is
35 considered residency for the purposes of subsection (b), even if the
36 annexation takes effect less than one (1) year before the election.
37 (d) A member of the legislative body must reside within:
38 (1) the city as provided in Article 6, Section 6 of the Constitution
39 of the State of Indiana; and
40 (2) the district from which the member was elected, if applicable.
41 (e) A member forfeits office if the member ceases to be a resident
42 of the district or city.
2025 IN 355—LS 7296/DI 144 19
1 (f) The term of office of a member of the legislative body is four (4)
2 years, beginning at noon on January 1 after election and continuing
3 until a successor is elected and qualified.
4 SECTION 35. IC 36-4-6-3, AS AMENDED BY P.L.169-2022,
5 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 UPON PASSAGE]: Sec. 3. (a) This section applies only to second class
7 cities.
8 (b) The legislative body shall adopt an ordinance to divide the city
9 into six (6) districts that:
10 (1) are composed of contiguous territory, except for territory that
11 is not contiguous to any other part of the city;
12 (2) are reasonably compact;
13 (3) do not cross precinct boundary lines, except as provided in
14 subsection (c) or (d); and
15 (4) contain, as nearly as is possible, equal population.
16 (c) The boundary of a city legislative body district may cross a
17 precinct boundary line if:
18 (1) more than one (1) member of the legislative body elected from
19 the districts established under subsection (b) resides in one (1)
20 precinct established under IC 3-11-1.5 after the most recent
21 municipal election for members of the city legislative body; and
22 (2) following the establishment of a legislative body district
23 whose boundary crosses a precinct boundary line, not more than
24 one (1) member of the legislative body elected from districts
25 resides within the same city legislative body district.
26 (d) The boundary of a city legislative body district may cross a
27 precinct line if the districts would not otherwise contain, as nearly as
28 is possible, equal population.
29 (e) A city legislative body district with a boundary described by
30 subsection (c) or (d) may not cross a census block boundary line:
31 (1) except when following a precinct boundary line; or
32 (2) unless the city legislative body certifies in the ordinance that
33 the census block has no population, and is not likely to ever have
34 population.
35 (f) The legislative body may not adopt an ordinance dividing the city
36 into districts with boundaries described by subsection (c) or (d) unless
37 the clerk of the city mails a written notice to the circuit court clerk. The
38 notice must:
39 (1) state that the legislative body is considering the adoption of an
40 ordinance described by this subsection; and
41 (2) be mailed not later than ten (10) days before the legislative
42 body adopts the ordinance.
2025 IN 355—LS 7296/DI 144 20
1 (g) Except as provided in subsection (j), the division under
2 subsection (b) shall be made only at times permitted under IC 3-5-10.
3 (h) The legislative body is composed of six (6) members elected
4 from the districts established under subsection (b) and three (3) at-large
5 members.
6 (i) Each voter of the city may vote for three (3) candidates for
7 at-large membership and one (1) candidate from the district in which
8 the voter resides. The three (3) at-large candidates receiving the most
9 votes from the whole city and the district candidates receiving the most
10 votes from their respective districts are elected to the legislative body.
11 (j) If the legislative body determines that a division under subsection
12 (g) is not required, the legislative body shall adopt an ordinance
13 recertifying that the districts as drawn comply with this section.
14 (k) A copy of the ordinance establishing districts or a recertification
15 adopted under this section must be filed with the circuit court clerk of
16 the county that contains the greatest population of the city not later than
17 thirty (30) days after the ordinance or recertification is adopted. The
18 filing must include a map of the district boundaries:
19 (1) adopted under subsection (b); or
20 (2) recertified under subsection (j).
21 (l) The limitations set forth in this section are part of the ordinance,
22 but do not have to be specifically set forth in the ordinance. The
23 ordinance must be construed, if possible, to comply with this chapter.
24 If a provision of the ordinance or an application of the ordinance
25 violates this chapter, the invalidity does not affect the other provisions
26 or applications of the ordinance that can be given effect without the
27 invalid provision or application. The provisions of the ordinance are
28 severable.
29 (m) IC 3-5-10 applies to a plan established under this section.
30 SECTION 36. IC 36-4-6-4, AS AMENDED BY P.L.169-2022,
31 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 UPON PASSAGE]: Sec. 4. (a) This section applies to third class cities,
33 except as provided by section 5 of this chapter.
34 (b) This subsection does not apply to a city with an ordinance
35 described by subsection (j) or (m). The legislative body shall adopt an
36 ordinance to divide the city into five (5) districts that:
37 (1) are composed of contiguous territory, except for territory that
38 is not contiguous to any other part of the city;
39 (2) are reasonably compact;
40 (3) do not cross precinct boundary lines except as provided in
41 subsection (c) or (d); and
42 (4) contain, as nearly as is possible, equal population.
2025 IN 355—LS 7296/DI 144 21
1 (c) The boundary of a city legislative body district may cross a
2 precinct boundary line if:
3 (1) more than one (1) member of the legislative body elected from
4 the districts established under subsection (b), (j), or (m) resides in
5 one (1) precinct established under IC 3-11-1.5 after the most
6 recent municipal election for members of the city legislative
7 body; and
8 (2) following the establishment of a legislative body district
9 whose boundary crosses a precinct boundary line, not more than
10 one (1) member of the legislative body elected from the districts
11 resides within the same city legislative body district.
12 (d) The boundary of a city legislative body district may cross a
13 precinct line if the districts would not otherwise contain, as nearly as
14 is possible, equal population.
15 (e) A city legislative body district with a boundary described by
16 subsection (c) or (d) may not cross a census block boundary line:
17 (1) except when following a precinct boundary line; or
18 (2) unless the city legislative body certifies in the ordinance that
19 the census block has no population, and is not likely to ever have
20 population.
21 (f) The legislative body may not adopt an ordinance dividing the city
22 into districts with boundaries described by subsection (c) or (d) unless
23 the clerk of the city mails a written notice to the circuit court clerk. The
24 notice must:
25 (1) state that the legislative body is considering the adoption of an
26 ordinance described by this subsection; and
27 (2) be mailed not later than ten (10) days before the legislative
28 body adopts the ordinance.
29 (g) Except as provided in subsection (o), the division under
30 subsection (b), (j), or (m) shall be made only at times permitted under
31 IC 3-5-10.
32 (h) This subsection does not apply to a city with an ordinance
33 described by subsection (j) or (m). The legislative body is composed of
34 five (5) members elected from the districts established under
35 subsection (b) and two (2) at-large members.
36 (i) This subsection does not apply to a city with an ordinance
37 described by subsection (j) or (m). Each voter of the city may vote for
38 two (2) candidates for at-large membership and one (1) candidate from
39 the district in which the voter resides. The two (2) at-large candidates
40 receiving the most votes from the whole city and the district candidates
41 receiving the most votes from their respective districts are elected to
42 the legislative body.
2025 IN 355—LS 7296/DI 144 22
1 (j) A city may adopt an ordinance under this subsection to divide the
2 city into four (4) districts that:
3 (1) are composed of contiguous territory;
4 (2) are reasonably compact;
5 (3) do not cross precinct boundary lines, except as provided in
6 subsection (c) or (d); and
7 (4) contain, as nearly as is possible, equal population.
8 (k) This subsection applies to a city with an ordinance described by
9 subsection (j). The legislative body is composed of four (4) members
10 elected from the districts established under subsection (j) and three (3)
11 at-large members.
12 (l) This subsection applies to a city with an ordinance described by
13 subsection (j). Each voter of the city may vote for three (3) candidates
14 for at-large membership and one (1) candidate from the district in
15 which the voter resides. The three (3) at-large candidates receiving the
16 most votes from the whole city and the district candidates receiving the
17 most votes from their respective districts are elected to the legislative
18 body.
19 (m) This subsection applies only if the ordinance adopted under
20 IC 36-4-1.5-3 by the town legislative body of a town that has a
21 population of less than ten thousand (10,000) and that becomes a city
22 specifies that the city legislative body districts are governed by this
23 subsection. The ordinance adopted under IC 36-4-1.5-3(b)(1) dividing
24 the town into city legislative body districts may provide that:
25 (1) the city shall be divided into three (3) districts that:
26 (A) are composed of contiguous territory;
27 (B) are reasonably compact;
28 (C) do not cross precinct boundary lines, except as provided in
29 subsection (c) or (d); and
30 (D) contain, as nearly as is possible, equal population; and
31 (2) the legislative body of the city is composed of three (3)
32 members elected from the districts established under this
33 subsection and two (2) at-large members.
34 Each voter of the city may vote for two (2) candidates for at-large
35 membership and one (1) candidate from the district in which the voter
36 resides. The two (2) at-large candidates receiving the most votes from
37 the whole city and the district candidates receiving the most votes from
38 their respective districts are elected to the legislative body.
39 (n) A copy of the ordinance establishing districts or a recertification
40 adopted under this section must be filed with the circuit court clerk of
41 the county that contains the greatest population of the city no not later
42 than thirty (30) days after the ordinance or recertification is adopted.
2025 IN 355—LS 7296/DI 144 23
1 The filing must include a map of the district boundaries:
2 (1) adopted under subsection (b), (j), or (m); or
3 (2) recertified under subsection (o).
4 (o) If the legislative body determines that a division under
5 subsection (g) is not required, the legislative body shall adopt an
6 ordinance recertifying that the districts as drawn comply with this
7 section.
8 (p) The limitations set forth in this section are part of the ordinance,
9 but do not have to be specifically set forth in the ordinance. The
10 ordinance must be construed, if possible, to comply with this chapter.
11 If a provision of the ordinance or an application of the ordinance
12 violates this chapter, the invalidity does not affect the other provisions
13 or applications of the ordinance that can be given effect without the
14 invalid provision or application. The provisions of the ordinance are
15 severable.
16 (q) IC 3-5-10 applies to a plan established under this section.
17 SECTION 37. IC 36-4-6-5, AS AMENDED BY P.L.169-2022,
18 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 UPON PASSAGE]: Sec. 5. (a) This section applies to third class cities
20 having a population of less than ten thousand (10,000). The legislative
21 body of such a city may, by ordinance adopted after June 30, 2010, and
22 during a year in which an election of the legislative body will not
23 occur, decide to be governed by this section instead of section 4 of this
24 chapter. The legislative body districts created by an ordinance adopted
25 under this subsection apply to the first election of the legislative body
26 held after the date the ordinance is adopted. The clerk of the legislative
27 body shall send a certified copy of any ordinance adopted under this
28 subsection to the secretary of the county election board.
29 (b) This subsection does not apply to a city with an ordinance
30 described by subsection (j). The legislative body shall adopt an
31 ordinance to divide the city into four (4) districts that:
32 (1) are composed of contiguous territory, except for territory that
33 is not contiguous to any other part of the city;
34 (2) are reasonably compact;
35 (3) do not cross precinct boundary lines except as provided in
36 subsection (c) or (d); and
37 (4) contain, as nearly as is possible, equal population.
38 (c) The boundary of a city legislative body district may cross a
39 precinct boundary line if:
40 (1) more than one (1) member of the legislative body elected from
41 the districts established under subsection (b) or (j) resides in one
42 (1) precinct established under IC 3-11-1.5 after the most recent
2025 IN 355—LS 7296/DI 144 24
1 municipal election for members of the city legislative body; and
2 (2) following the establishment of a legislative body district
3 whose boundary crosses a precinct boundary line, not more than
4 one (1) member of the legislative body elected from the districts
5 resides within the same city legislative body district.
6 (d) The boundary of a city legislative body district may cross a
7 precinct line if the districts would not otherwise contain, as nearly as
8 is possible, equal population.
9 (e) A city legislative body district with a boundary described by
10 subsection (c) or (d) may not cross a census block boundary line:
11 (1) except when following a precinct boundary line; or
12 (2) unless the city legislative body certifies in the ordinance that
13 the census block has no population, and is not likely to ever have
14 population.
15 (f) The legislative body may not adopt an ordinance dividing the city
16 into districts with boundaries described by subsection (c) or (d) unless
17 the clerk of the city mails a written notice to the circuit court clerk. The
18 notice must:
19 (1) state that the legislative body is considering the adoption of an
20 ordinance described by this subsection; and
21 (2) be mailed not later than ten (10) days before the legislative
22 body adopts the ordinance.
23 (g) Except as provided in subsection (o), the division under
24 subsection (b) or (j) shall be made only at times permitted under
25 IC 3-5-10.
26 (h) This subsection does not apply to a city with an ordinance
27 described by subsection (j). The legislative body is composed of four
28 (4) members elected from the districts established under subsection (b)
29 and one (1) at-large member.
30 (i) This subsection does not apply to a city with an ordinance
31 described by subsection (j). Each voter may vote for one (1) candidate
32 for at-large membership and one (1) candidate from the district in
33 which the voter resides. The at-large candidate receiving the most votes
34 from the whole city and the district candidates receiving the most votes
35 from their respective districts are elected to the legislative body.
36 (j) A city may adopt an ordinance under this subsection to divide the
37 city into three (3) districts that:
38 (1) are composed of contiguous territory, except for territory that
39 is not contiguous to any other part of the city;
40 (2) are reasonably compact;
41 (3) do not cross precinct boundary lines, except as provided in
42 subsection (c) or (d); and
2025 IN 355—LS 7296/DI 144 25
1 (4) contain, as nearly as is possible, equal population.
2 (k) This subsection applies to a city with an ordinance described by
3 subsection (j). The legislative body is composed of three (3) members
4 elected from the districts established under subsection (j) and two (2)
5 at-large members.
6 (l) This subsection applies to a city with an ordinance described by
7 subsection (j). Each voter of the city may vote for two (2) candidates
8 for at-large membership and one (1) candidate from the district in
9 which the voter resides. The two (2) at-large candidates receiving the
10 most votes from the whole city and the district candidates receiving the
11 most votes from their respective districts are elected to the legislative
12 body.
13 (m) This subsection applies to a city having a population of less than
14 seven thousand (7,000). A legislative body of such a city that has, by
15 resolution adopted before May 7, 1991, decided to continue an election
16 process that permits each voter of the city to vote for one (1) candidate
17 at large and one (1) candidate from each of its four (4) council districts
18 may hold elections using that voting arrangement. The at-large
19 candidate and the candidate from each district receiving the most votes
20 from the whole city are elected to the legislative body. The districts
21 established in cities adopting such a resolution may cross precinct
22 boundary lines.
23 (n) A copy of the ordinance establishing districts or a recertification
24 under this section must be filed with the circuit court clerk of the
25 county that contains the greatest population of the city not later than
26 thirty (30) days after the ordinance or recertification is adopted. The
27 filing must include a map of the district boundaries:
28 (1) adopted under subsection (b) or (j); or
29 (2) recertified under subsection (o).
30 (o) If the legislative body determines that a division under
31 subsection (b) or (j) is not required, the legislative body shall adopt an
32 ordinance recertifying that the districts as drawn comply with this
33 section.
34 (p) The limitations set forth in this section are part of the ordinance,
35 but do not have to be specifically set forth in the ordinance. The
36 ordinance must be construed, if possible, to comply with this chapter.
37 If a provision of the ordinance or an application of the ordinance
38 violates this chapter, the invalidity does not affect the other provisions
39 or applications of the ordinance that can be given effect without the
40 invalid provision or application. The provisions of the ordinance are
41 severable.
42 (q) IC 3-5-10 applies to a plan established under this section.
2025 IN 355—LS 7296/DI 144 26
1 SECTION 38. IC 36-5-1-10.1, AS AMENDED BY P.L.104-2022,
2 SECTION 164, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE UPON PASSAGE]: Sec. 10.1. (a) If a majority of the
4 voters voting on the public question under section 8 of this chapter vote
5 "yes", the county executive shall adopt an ordinance incorporating the
6 town.
7 (b) An ordinance adopted under subsection (a) must:
8 (1) either:
9 (A) provide that all members of the town legislative body are
10 to be elected at large (if the town would have a population of
11 less than three thousand five hundred (3,500); or
12 (B) divide the town into not less than at least three (3) nor and
13 not more than seven (7) districts; and
14 (2) direct the county election board to conduct an election in the
15 town on the date of the next general or municipal election to be
16 held in any precincts in the county.
17 An election conducted under this section must comply with IC 3
18 concerning town elections. If the date that an ordinance is adopted
19 under this section is not later than June 1 of a general or municipal
20 election year, the election must be conducted on the date of the next
21 general or municipal election held in any precincts in the county after
22 the election for which absentee balloting is being conducted. However,
23 a primary election may not be conducted before an election conducted
24 under this section, regardless of the population of the town.
25 (c) Districts established by an ordinance adopted under this section
26 must comply with IC 3-11-1.5.
27 (d) If any territory in the town is not included in one (1) of the
28 districts established under this section, the territory is included in the
29 district that:
30 (1) is contiguous to that territory; and
31 (2) contains the least population of all districts contiguous to that
32 territory.
33 (e) If any territory in the town is included in more than one (1) of the
34 districts established under this section, the territory is included in the
35 district that:
36 (1) is one (1) of the districts in which the territory is described in
37 the ordinance adopted under this section;
38 (2) is contiguous to that territory; and
39 (3) contains the least population of all districts contiguous to that
40 territory.
41 (f) An ordinance adopted under this section becomes effective when
42 filed with:
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1 (1) the office of the secretary of state; and
2 (2) the circuit court clerk of each county in which the town is
3 located.
4 (g) Each county that contains a part of the proposed town must
5 adopt identical ordinances providing for the incorporation of the town.
6 SECTION 39. IC 36-5-1.1-10.6, AS AMENDED BY P.L.104-2022,
7 SECTION 169, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE UPON PASSAGE]: Sec. 10.6. (a) This section applies
9 to included towns.
10 (b) The dissolution of a town under this section may be instituted by
11 filing a petition with the county board of registration. The petition must
12 be signed by at least the number of the registered voters of the town
13 required to place a candidate on the ballot under IC 3-8-6-3. The
14 petition must be filed not later than June 1 of a year in which a general
15 or municipal election will be held.
16 (c) If a petition meets the criteria set forth in subsection (b), the
17 county board of registration shall certify the public question to the
18 county election board under IC 3-10-9-3. The county election board
19 shall place the question of dissolution on the ballot provided for voters
20 in the included town at the first general or municipal election following
21 certification. The question shall be placed on the ballot in the form
22 prescribed by IC 3-10-9-4 and must state "Shall the town of ________
23 dissolve?".
24 (d) If the public question is approved by a majority of the voters
25 voting on the question, the county election board shall file a copy of the
26 certification prepared under IC 3-12-4-9 concerning the public question
27 described by this section with the following:
28 (1) The circuit court clerk of the county.
29 (2) The office of the secretary of state.
30 (e) Dissolution occurs:
31 (1) at least sixty (60) days after certification under IC 3-12-4-9;
32 and
33 (2) when the certification is filed under subsection (d).
34 (f) When a town is dissolved under this section:
35 (1) the territory included within the town when the ordinance was
36 adopted becomes a part of the consolidated city;
37 (2) the books and records of the town become the property of the
38 county executive;
39 (3) the property owned by the town after payment of debts and
40 liabilities shall be disposed of by the county executive; and
41 (4) the county executive shall deposit any proceeds remaining
42 after payment of debts and liabilities into the county general fund.
2025 IN 355—LS 7296/DI 144 28
1 (g) The dissolution of a town under this section does not affect the
2 validity of a contract to which the town is a party.
3 SECTION 40. IC 36-5-2-2 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The town
5 council elected under IC 3-10-5.5, IC 3-10-6, or IC 3-10-7 is the town
6 legislative body. The president of the town council selected under
7 section 7 of this chapter is the town executive.
8 SECTION 41. IC 36-5-2-3, AS AMENDED BY P.L.109-2015,
9 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 UPON PASSAGE]: Sec. 3. (a) Except as provided in subsection (b),
11 (c), (d), (e), (f), or (g), the term of office of a member of the legislative
12 body is four (4) years, beginning at noon January 1 after the member's
13 election and continuing until the member's successor is elected and
14 qualified.
15 (b) The term of office of a member of the legislative body appointed
16 to fill a vacancy resulting from an increase in the number of town
17 legislative body members under section 4.2 of this chapter:
18 (1) begins when the ordinance increasing the number of
19 legislative body members takes effect, or when the member is
20 appointed under IC 3-13-9-4, if the appointment is made after the
21 ordinance takes effect; and
22 (2) continues until:
23 (A) noon January 1 following the next municipal election
24 scheduled under IC 3-10-6-5 or IC 3-10-7-6 for members of
25 the town legislative body; and until
26 (B) the member's successor is elected and qualified.
27 (c) The term of office of a member of the legislative body elected
28 under IC 36-5-1-10.1 following the incorporation of the town:
29 (1) begins at noon November 30 following the election; and
30 (2) continues until:
31 (A) noon January 1 following the next municipal election
32 scheduled under IC 3-10-5.5, IC 3-10-6-5, or IC 3-10-7-6, as
33 applicable to the municipality; and until
34 (B) the member's successor is elected and qualified.
35 (d) The term of office of a member of the legislative body subject
36 to IC 3-10-6-2.5(d)(1) is three (3) years, beginning at noon January 1
37 after the member's election and continuing until the member's
38 successor is elected and qualified.
39 (e) The term of office of a member of a legislative body subject to
40 an ordinance described by IC 3-10-6-2.6 is one (1) year, beginning at
41 noon January 1 after the member's election and continuing until the
42 member's successor is elected and qualified.
2025 IN 355—LS 7296/DI 144 29
1 (f) The term of office of a member of a legislative body subject to
2 an ordinance described by IC 3-10-7-2.7 is:
3 (1) three (3) years if the member is elected at the next municipal
4 election not conducted in a general election year; and
5 (2) four (4) years for the successors of a member of a legislative
6 body described in subdivision (1);
7 beginning noon January 1 after election and continuing until a
8 successor is elected and qualified.
9 (g) The term of office of a member of a legislative body subject to
10 an ordinance described by IC 3-10-7-2.9 is:
11 (1) the term of office provided by the ordinance, not to exceed
12 four (4) years, for a member of the legislative body elected in the
13 first election cycle after adoption of the ordinance; and
14 (2) four (4) years for the successors of the member of a legislative
15 body described in subdivision (1).
16 SECTION 42. IC 36-5-2-4.1, AS AMENDED BY P.L.169-2022,
17 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 UPON PASSAGE]: Sec. 4.1. (a) The legislative body may, by
19 ordinance, divide the town into districts for the purpose of conducting
20 elections of town officers.
21 (b) A town legislative body district must comply with the following
22 standards:
23 (1) The district must be composed of contiguous territory, except
24 for territory that is not contiguous to any other part of the town.
25 (2) The district must be reasonably compact.
26 (3) The district must contain, as nearly as is possible, equal
27 population.
28 (4) The district may not cross a census block boundary except
29 when following a precinct boundary line or unless the ordinance
30 specifies that the census block has no population and is not likely
31 to have population before the effective date of the next federal
32 decennial census.
33 (5) The district may not cross precinct lines, except as provided
34 in subsection (c).
35 (c) The boundary of a town legislative body district established
36 under subsection (a) may cross a precinct boundary line if:
37 (1) the legislative body provides by ordinance under section 5 of
38 this chapter that all legislative body members are to be elected at
39 large by the voters of the whole town; or
40 (2) the district would not otherwise contain, as nearly as is
41 possible, equal population.
42 (d) If any territory in the town is not included in one (1) of the
2025 IN 355—LS 7296/DI 144 30
1 districts established under this section, the territory is included in the
2 district that:
3 (1) is contiguous to that territory; and
4 (2) contains the least population of all districts contiguous to that
5 territory.
6 (e) The ordinance may be appealed in the manner prescribed by
7 IC 34-13-6. If the town is located in two (2) or more counties, the
8 appeal may be filed in the circuit or superior court of any of those
9 counties.
10 (f) This subsection does not apply to a town with an ordinance
11 described by subsection (g). Except as provided in subsection (j), the
12 division permitted by subsection (a) shall be made only at times
13 permitted under IC 3-5-10.
14 (g) This subsection applies to a town having a population of less
15 than three thousand five hundred (3,500). The town legislative body
16 may adopt an ordinance providing that:
17 (1) town legislative body districts are abolished; and
18 (2) all members of the legislative body are elected at large.
19 (h) An ordinance described by subsection (g):
20 (1) may not be adopted or repealed during a year in which a
21 municipal an election for municipal office is scheduled to be
22 conducted in the town under IC 3-10-5.5, IC 3-10-6, or IC 3-10-7;
23 and
24 (2) is effective upon passage.
25 (i) A copy of the ordinance establishing districts or a recertification
26 under this section must be filed with the circuit court clerk of the
27 county that contains the greatest population of the town not later than
28 thirty (30) days after the ordinance or recertification is adopted. The
29 filing must include a map of the district boundaries:
30 (1) adopted under subsection (a); or
31 (2) recertified under subsection (j).
32 (j) If the legislative body determines that a division under subsection
33 (a) is not required, the legislative body shall adopt an ordinance
34 recertifying that the districts as drawn comply with this section.
35 (k) The limitations set forth in this section are part of the ordinance,
36 but do not have to be specifically set forth in the ordinance. The
37 ordinance must be construed, if possible, to comply with this chapter.
38 If a provision of the ordinance or an application of the ordinance
39 violates this chapter, the invalidity does not affect the other provisions
40 or applications of the ordinance that can be given effect without the
41 invalid provision or application. The provisions of the ordinance are
42 severable.
2025 IN 355—LS 7296/DI 144 31
1 (l) This subsection applies to a town having a population of less than
2 three thousand five hundred (3,500). If the town legislative body has
3 not:
4 (1) adopted an ordinance under subsection (a) and subject to
5 subsection (f) after December 31, 2011; or
6 (2) adopted an ordinance recertifying districts under subsection
7 (j) after December 31, 2011;
8 the town legislative body districts are abolished, effective January 1,
9 2018. A town described by this subsection may adopt an ordinance to
10 establish town legislative body districts in accordance with subsection
11 (a) and subject to subsection (f) after January 1, 2018.
12 (m) IC 3-5-10 applies to a plan established under this section.
13 SECTION 43. IC 36-5-2-4.2 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.2. (a) This
15 section applies to the alteration of the number of members of a
16 legislative body.
17 (b) The legislative body may adopt a resolution to submit a public
18 question on the number of legislative body members to the voters of the
19 town. The resolution must state the following:
20 (1) The proposed number of legislative body members, which
21 must be at least three (3) and not more than seven (7).
22 (2) The date of the general municipal, or special election at which
23 the public question will appear on the ballot.
24 (3) That the following question will be placed on the ballot in the
25 form provided by IC 3-10-9-4:
26 "Shall the number of town council members be increased (or
27 decreased, if applicable) from ___________ (insert the current
28 number of members provided for) to _________ (insert the
29 number of members proposed in the resolution)?".
30 (c) IC 3 applies to an election conducted under subsection (b). If the
31 county election board will conduct the election at which the public
32 question will be submitted, the question must be certified to the board
33 under IC 3-10-9-3.
34 (d) If a majority of the votes cast on the question under subsection
35 (b) are in the negative, the legislative body may not adopt a resolution
36 under subsection (b) for at least one (1) year following the date the
37 prior resolution was adopted.
38 (e) If a majority of votes cast on the question under subsection (b)
39 are in the affirmative, the legislative body shall adopt an ordinance at
40 its next regular meeting following the election altering the number of
41 legislative body members to the number specified in the public
42 question. The legislative body may also alter existing districts and
2025 IN 355—LS 7296/DI 144 32
1 establish new districts in the manner prescribed by IC 36-5-1-10.1. An
2 ordinance adopted under this subsection becomes effective January 1
3 following its adoption.
4 (f) If the number of legislative body members is increased, the
5 legislative body shall fill any resulting vacancy under IC 3-13-9-4. The
6 legislative body may fill the vacancy before the ordinance described in
7 subsection (e) takes effect. However, a town legislative body member
8 appointed under this subsection does not assume office until the
9 beginning of the term specified in section 3 of this chapter.
10 SECTION 44. IC 36-5-2-4.5 IS AMENDED TO READ AS
11 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This
12 section applies to a town if both of the following apply:
13 (1) The town has a population of more than ten thousand
14 (10,000).
15 (2) The town legislative body adopts an ordinance adopting the
16 provisions of this section. A town may not adopt an ordinance
17 under this section during a year in which municipal elections for
18 municipal offices are held in the town under IC 3-10-5.5 or
19 IC 3-10-6-5.
20 (b) A town legislative body has the following members:
21 (1) Five (5) members, each elected by the voters of a district. The
22 districts are established by ordinance by the town legislative body
23 as provided in this chapter.
24 (2) Two (2) members elected at large by all the voters of the town.
25 (c) An ordinance adopted under this section must provide for the
26 following:
27 (1) Four (4) members of the legislative body are elected during:
28 a
29 (A) the odd-numbered year that municipal elections are held
30 under IC 3-10-6-5. before a presidential election year, if
31 IC 3-10-5.5 does not apply to the town; or
32 (B) an even-numbered year, if IC 3-10-5.5 applies to the
33 town.
34 (2) Three (3) members of the legislative body are elected:
35 (A) if IC 3-10-5.5 does not apply to the town, either:
36 (A) (i) during the year before the year described in
37 subdivision (1); (1)(A); or
38 (B) (ii) during the year after the year described in
39 subdivision (1). (1)(A); or
40 (B) if IC 3-10-5.5 applies to the town, during the
41 even-numbered year after the year in which members are
42 elected under subdivision (1)(B).
2025 IN 355—LS 7296/DI 144 33
1 The year for elections under this subdivision must be chosen so
2 that during the elections held for the town legislative body under
3 subdivision (4) or (5), a member of the town legislative body does
4 not serve a term of more than four (4) years.
5 (3) The members of the legislative body elected at large may not
6 be elected at the same time.
7 (4) If IC 3-10-5.5 does not apply to the town, at the first two (2)
8 elections after the ordinance is adopted, members are elected to
9 serve the following terms:
10 (A) Two (2) members elected under subdivision (1) (1)(A) are
11 elected to a four (4) year term and two (2) members elected
12 under subdivision (1) (1)(A) are elected to a three (3) year
13 term.
14 (B) Two (2) members elected under subdivision (2) (2)(A) are
15 elected to a four (4) year term and one (1) member elected
16 under subdivision (2) (2)(A) is elected to a three (3) year term.
17 The ordinance must provide a random procedure to determine
18 which members serve four (4) year terms and which members
19 serve three (3) year terms.
20 (5) If IC 3-10-5.5 applies to the town, at the first two (2)
21 elections after the ordinance is adopted, members are elected
22 to serve the following terms:
23 (A) Two (2) members elected under subdivision (1)(B) are
24 elected to a four (4) year term and two (2) members elected
25 under subdivision (1)(B) are elected to a two (2) year term.
26 (B) Two (2) members elected under subdivision (2)(B) are
27 elected to a four (4) year term and one (1) member elected
28 under subdivision (2)(B) is elected to a two (2) year term.
29 The ordinance must provide a random procedure to
30 determine which members serve four (4) year terms and
31 which members serve two (2) year terms.
32 (5) (6) A member of the town council elected after the elections
33 described in subdivision subdivisions (4) and (5) serves a term
34 of four (4) years.
35 (6) (7) The term of office of a member begins at noon January 1
36 after the member's election.
37 (d) An ordinance adopted under this section may provide that before
38 the first election after adoption of the ordinance, members of the town
39 legislative body added to the legislative body by the ordinance may be
40 appointed to the legislative body by a vote of the current members of
41 the legislative body.
42 (e) After the first two (2) elections held as described in subsection
2025 IN 355—LS 7296/DI 144 34
1 (c)(4) and (c)(5), the town legislative body may adopt an ordinance to
2 do the following:
3 (1) Divide the town into seven (7) districts.
4 (2) Provide that the members elected at large are each elected
5 from a district.
6 An ordinance adopted under this subsection must comply with this
7 chapter in establishing the districts and provide details to provide a
8 transition from electing two (2) members at large to electing all
9 members from districts.
10 (f) Subject to this section, members of the town legislative body are
11 elected as provided in IC 3-10-5.5 or IC 3-10-6-4.5, as applicable to
12 the town.
13 SECTION 45. IC 36-5-6-3, AS AMENDED BY P.L.56-2022,
14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]: Sec. 3. (a) The clerk-treasurer must reside within
16 the town as provided in Article 6, Section 6 of the Constitution of the
17 State of Indiana. The clerk-treasurer forfeits office if the clerk-treasurer
18 ceases to be a resident of the town. An individual who resides in
19 territory that is annexed by the town before the election is considered
20 a resident of the town for purposes of this subsection, even if the
21 annexation took effect less than one (1) year before the election.
22 (b) Except as provided in subsection (c), (d), (e), or (f), the term of
23 office of the clerk-treasurer is four (4) years, beginning at noon January
24 1 after election and continuing until a successor is elected and
25 qualified.
26 (c) The term of office of a clerk-treasurer elected under
27 IC 36-5-1-10.1 following the incorporation of the town:
28 (1) begins at noon November 30 following the election; and
29 (2) continues until noon January 1 following the next:
30 (A) municipal election scheduled under IC 3-10-6-5 or
31 IC 3-10-7-6, if IC 3-10-5.5 does not apply to the town; or
32 (B) general election that will occur at least three (3) years
33 after the clerk-treasurer's election, if IC 3-10-5.5 applies to
34 the town;
35 and until the clerk-treasurer's successor is elected and qualified.
36 (d) The term of office of a clerk-treasurer subject to an ordinance
37 described by IC 3-10-6-2.6 is:
38 (1) one (1) year if the clerk-treasurer is elected at the next
39 municipal election not conducted in a general election year; and
40 (2) four (4) years for the successors of the clerk-treasurer
41 described in subdivision (1);
42 beginning at noon January 1 after the clerk-treasurer's election and
2025 IN 355—LS 7296/DI 144 35
1 continuing until the clerk-treasurer's successor is elected and qualified.
2 (e) The term of office of a clerk-treasurer subject to an ordinance
3 described by IC 3-10-7-2.7 is:
4 (1) three (3) years if the clerk-treasurer is elected at the next
5 municipal election not conducted in a general election year; and
6 (2) four (4) years for the successors of the clerk-treasurer
7 described in subdivision (1);
8 beginning noon January 1 after the clerk-treasurer's election and
9 continuing until the clerk-treasurer's successor is elected and qualified.
10 (f) The term of office of a clerk-treasurer subject to an ordinance
11 described by IC 3-10-7-2.9 is:
12 (1) the term of office provided by the ordinance, not to exceed
13 four (4) years, for the clerk-treasurer elected in the first election
14 cycle after adoption of the ordinance; and
15 (2) four (4) years for the successors of the clerk-treasurer
16 described in subdivision (1).
17 SECTION 46. IC 36-5-6-4 IS AMENDED TO READ AS
18 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The
19 clerk-treasurer shall be elected under IC 3-10-5.5, IC 3-10-6, or
20 IC 3-10-7 by the voters of the whole town.
21 SECTION 47. [EFFECTIVE UPON PASSAGE] (a) The legislative
22 services agency and the code revision committee shall prepare
23 legislation for introduction in the 2026 regular session of the
24 general assembly to make appropriate changes in statutes as
25 required by this act.
26 (b) This SECTION expires July 1, 2027.
27 SECTION 48. An emergency is declared for this act.
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