Indiana Senate Bill SB0355 Latest Draft

                            *SB0355.2*
Reprinted
February 20, 2025
SENATE BILL No. 355
_____
DIGEST OF SB 355 (Updated February 19, 2025 2:44 pm - DI 149)
Citations Affected:  IC 3-5; IC 3-6; IC 3-8; IC 3-10; IC 3-11; IC 3-12;
IC 3-13; IC 5-4; IC 33-35; IC 36-1; IC 36-1.5; IC 36-3; IC 36-4;
IC 36-5; noncode.
Synopsis:  Municipal elections. Moves, as a general rule, elections of
town officers to even-numbered years. Allows a town that has a
population of more than 10,000 to pass a resolution to opt out of the
general rule. Allows a city to pass a resolution to opt in to the general
rule. 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, Freeman, Doriot
January 13, 2025, read first time and referred to Committee on Elections.
January 28, 2025, reported favorably — Do Pass.
February 19, 2025, read second time, amended, ordered engrossed.
SB 355—LS 7296/DI 144  Reprinted
February 20, 2025
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 or IC 3-10-6.
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 or IC 3-10-6.
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.
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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 3-5-3-8, AS AMENDED BY P.L.74-2017,
7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]: Sec. 8. (a) Except as provided in subsection (b),
9 During the period that begins ninety (90) days before a municipal
10 primary election and continues until the day after the following
11 municipal election, all expenses of the primary election and election
12 that cannot be chargeable directly to any municipality shall be
13 apportioned as follows:
14 (1) Twenty-five percent (25%) to the county.
15 (2) Seventy-five percent (75%) to the municipalities in the county
16 holding the municipal primary election and municipal election.
17 (b) The apportionment made under subsection (a) does not apply to
18 a town that has entered into an agreement with the county under
19 IC 3-10-7-4 to pay the county a fixed amount for the expenses
20 described in subsection (a).
21 (c) (b) This subsection applies to a county that is designated as a
22 vote center county under IC 3-11-18.1. During the period that begins
23 ninety (90) days before a municipal primary election and continues
24 until the day after the following municipal election, all expenses
25 incurred by the county in conducting the municipal primary election
26 and municipal election shall be apportioned among the municipalities
27 in the county holding a municipal primary and municipal election.
28 SECTION 5. IC 3-5-3-9, AS AMENDED BY P.L.74-2017,
29 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 UPON PASSAGE]: Sec. 9. (a) Except as provided in subsections (c)
31 and (d), subsection (c), whenever more than one (1) municipality in a
32 county conducts a municipal primary election, the seventy-five percent
33 (75%) of expenses that cannot be chargeable directly to any particular
34 municipality under section 8 of this chapter shall be apportioned to
35 each municipality in the same ratio that the number of voters who cast
36 a ballot in the municipality at the municipal primary election bears to
37 the total number of voters who cast a ballot in all of the municipalities
38 in the county at that municipal primary election.
39 (b) Except as provided in subsections (c) and (d), subsection (c),
40 whenever more than one (1) municipality in a county conducts a
41 municipal election, the seventy-five percent (75%) of expenses that are
42 not chargeable directly to any particular municipality under section 8
SB 355—LS 7296/DI 144 3
1 of this chapter must be apportioned to each municipality in the same
2 ratio that the number of voters who cast a ballot in the municipality at
3 the municipal election bears to the total number of voters who cast a
4 ballot in all of the municipalities in the county that conducted a
5 municipal election.
6 (c) The apportionment made under subsection (a) does not apply to
7 a town that has entered into an agreement with the county under
8 IC 3-10-7-4 to pay the county a fixed amount for the expenses
9 described in subsection (a).
10 (d) (c) This subsection
11 (1) applies to a county designated as a vote center county under
12 IC 3-11-18.1. and
13 (2) does not apply to a town that has entered into an agreement
14 with the county under IC 3-10-7-4 to pay the county a fixed
15 amount for its municipal primary election and municipal election
16 expenses.
17 All expenses incurred by the county in conducting the municipal
18 primary election and municipal election shall be apportioned to each
19 municipality in the same ratio that the number of voters who cast a
20 ballot in the municipality at the municipal primary election or the
21 municipal election bears to the total number of voters who cast a ballot
22 in all of the municipalities in the county at that municipal primary
23 election or municipal election.
24 SECTION 6. IC 3-6-5-14, AS AMENDED BY P.L.258-2013,
25 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 UPON PASSAGE]: Sec. 14. (a) Each county election board, in addition
27 to duties otherwise prescribed by law, shall do the following:
28 (1) Conduct all elections and administer the election laws within
29 the county, except as provided in IC 3-8-5 and IC 3-10-7 for town
30 conventions and municipal elections in certain small towns.
31 (2) Prepare all ballots.
32 (3) Distribute all ballots to all of the precincts in the county.
33 (b) Not later than the Monday before distributing ballots and voting
34 systems to the precincts in the county, the county election board shall
35 notify the county chairman of each major political party and, upon
36 request, the chairman of any other bona fide political party in the
37 county, that sample ballots are available for inspection.
38 SECTION 7. IC 3-6-5-15, AS AMENDED BY P.L.74-2017,
39 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 UPON PASSAGE]: Sec. 15. (a) Except as provided in subsection (b),
41 this section applies when an election is conducted in a political
42 subdivision (as defined in IC 36-1-2-13 and other than a county) that
SB 355—LS 7296/DI 144 4
1 contains territory in more than one (1) county.
2 (b) This section does not apply to an election
3 (1) conducted at the same time as a primary or general election
4 during an even-numbered year. or
5 (2) conducted in a town by a town election board under IC 3-10-7.
6 (c) To the extent authorized by this section, the county election
7 board of the county that contains the greatest percentage of population
8 of the political subdivision shall conduct all elections for the political
9 subdivision. The county election board may designate polling places
10 for the election, which may be located in any county in which the
11 political subdivision is located, and shall appoint precinct election
12 officers to conduct the election upon nomination by the county
13 chairman of the county where the precinct is located, or by filling a
14 vacancy if a nomination is not timely made. However, each county
15 election board shall provide poll lists for voters, receive and approve
16 absentee ballot applications, issue certificates of error or other
17 documents for the voters of that county, print ballots for the municipal
18 or special election, and conduct activity required to canvass the votes
19 under IC 3-12-5-2(b).
20 SECTION 8. IC 3-6-6-27 IS REPEALED [EFFECTIVE UPON
21 PASSAGE]. Sec. 27. The county executive shall fix the compensation
22 paid under sections 25 and 26 of this chapter for all elections except
23 municipal elections held by towns under IC 3-10-7. The fiscal body of
24 a town holding a municipal election under IC 3-10-7 shall fix the
25 compensation paid under sections 25 and 26 of this chapter.
26 SECTION 9. IC 3-8-5-14.3 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14.3. If a
28 convention or a primary election is not required under section 10 of this
29 chapter: notwithstanding IC 3-10-7:
30 (1) a municipal primary election or town convention may not be
31 held; and
32 (2) each candidate who filed a declaration of candidacy shall be
33 placed on the municipal election ballot. unless IC 3-10-7-6(b)
34 applies.
35 SECTION 10. IC 3-8-5-14.5, AS AMENDED BY P.L.278-2019,
36 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 UPON PASSAGE]: Sec. 14.5. (a) A town election board or circuit
38 court clerk conducting a municipal election under IC 3-10-7
39 IC 3-10-5.5 or IC 3-10-6 may not include the name of a candidate
40 nominated by a town convention on the municipal election ballot if the
41 person files a notice to withdraw with the clerk. The circuit court clerk
42 shall notify the town election board of any candidate withdrawal filed
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1 under this subsection not later than the deadline for the clerk to file a
2 copy of the certification of nomination under section 13(e) of this
3 chapter.
4 (b) The notice to withdraw must:
5 (1) be signed and acknowledged before an officer authorized to
6 take acknowledgments of deeds;
7 (2) have the certificate of acknowledgment appended to the
8 notice; and
9 (3) be filed with the clerk no later than noon three (3) days
10 following the adjournment of the convention.
11 SECTION 11. IC 3-8-6-11, AS AMENDED BY P.L.194-2013,
12 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 UPON PASSAGE]: Sec. 11. (a) Whenever a town is wholly or partly
14 located in a county having a consolidated city, a petition of nomination
15 must be filed with the circuit court clerk of the county having the
16 consolidated city.
17 (b) Whenever a town not described in subsection (a) has entered
18 into an agreement with a county under IC 3-10-7-4, the petition must
19 be filed with the county voter registration office of that county.
20 (c) (b) When a petition is filed under subsection (a) or (b) for
21 nomination to an office whose election district is in more than one (1)
22 county, the circuit court clerk or board of registration shall examine the
23 voter registration records of each county in the election district to
24 determine if each petitioner is eligible to vote for the candidates being
25 nominated by the petition.
26 SECTION 12. IC 3-10-5.5 IS ADDED TO THE INDIANA CODE
27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
28 UPON PASSAGE]:
29 Chapter 5.5. Elections for Municipal Offices
30 Sec. 1. (a) Except as provided in subsection (b), this chapter
31 applies to an election for a municipal office after June 30, 2025, for
32 a:
33 (1) town that has a population of not more than ten thousand
34 (10,000);
35 (2) town that has a population of more than ten thousand
36 (10,000) that has not adopted a resolution under section 2 of
37 this chapter; and
38 (3) city that has adopted a resolution under section 2 of this
39 chapter.
40 (b) This chapter does not apply to the town of Vernon
41 (incorporated under Local Acts 1851, c.1, as amended).
42 Sec. 2. (a) The legislative body (as defined in IC 36-1-2-9) of a
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1 town that has a population of more than ten thousand (10,000) may
2 adopt a resolution, by majority vote, not later than December 1,
3 2025, providing that the municipality elects to hold municipal
4 elections on odd-numbered years under IC 3-10-6.
5 (b) The legislative body (as defined in IC 36-1-2-9) of a city may
6 adopt a resolution, by majority vote, not later than December 1,
7 2025, providing that the municipality elects to hold municipal
8 elections during the general election in each presidential year.
9 (c) Except as provided in section 6(a), 6(b), and 6(c) of this
10 chapter, if a legislative body:
11 (1) of a town that has a population of more than ten thousand
12 (10,000) does not adopt a resolution under subsection (a); or
13 (2) of a city does adopt a resolution under subsection (b);
14 this chapter applies to the municipality.
15 (d) A copy of a resolution adopted under subsection (a) or (b)
16 shall be filed with the secretary of state.
17 Sec. 3.(a) An individual elected to a municipal office at the 2023
18 municipal election is entitled to hold over after the expiration of the
19 individual's term until a successor has been elected and qualified
20 under subsection (b).
21 (b) The successor of an individual elected to a municipal office
22 at the 2023 municipal election shall:
23 (1) be elected at the 2028 general election; and
24 (2) take office at noon on January 1, 2029.
25 (c) The successors of an individual elected to a municipal office
26 under subsection (b) shall:
27 (1) be elected at the general election held in each presidential
28 election year;
29 (2) take office the following January 1 at noon; and
30 (3) serve a term of four (4) years.
31 Sec. 4. (a) An individual elected as a judge of a city or town
32 court at the 2023 municipal election is entitled to hold over after
33 the expiration of the individual's term until a successor has been
34 elected and qualified under subsection (b).
35 (b) The successor of an individual elected as a judge of a city or
36 town court at the 2023 municipal election shall:
37 (1) be elected at the 2028 general election; and
38 (2) take office at noon on January 1, 2029.
39 (c) The successors of an individual elected as a judge of a city or
40 town court under subsection (b) shall:
41 (1) be elected at the general election held in each presidential
42 election year;
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1 (2) take office the following January 1 at noon; and
2 (3) serve a term of four (4) years.
3 Sec. 5. Except as provided in section 6 of this chapter, the
4 successors of an individual elected to a municipal office at the 2022
5 general election shall:
6 (1) be elected at the general election held in each
7 nonpresidential election year;
8 (2) take office the following January 1 at noon; and
9 (3) serve a term of four (4) years.
10 Sec. 6. (a) This subsection applies to an individual elected to a
11 municipal office at the 2022 general election in a:
12 (1) town that has a population of more than ten thousand
13 (10,000) that has adopted a resolution under section 2(a) of
14 this chapter; or
15 (2) city that has not adopted a resolution under section 2(b) of
16 this chapter.
17 An individual described in this subsection is entitled to hold over
18 after the expiration of the individual's term until a successor has
19 been elected. The successor of an individual described in this
20 subsection shall be elected under IC 3-10-6 at the 2027 municipal
21 election.
22 (b) This subsection applies to an individual elected to a
23 municipal office at the 2023 municipal election in a:
24 (1) town that has a population of more than ten thousand
25 (10,000) that has adopted a resolution under section 2(a) of
26 this chapter; or
27 (2) city that has not adopted a resolution under section 2(b) of
28 this chapter.
29 The successor of an individual described in this subsection shall be
30 elected under IC 3-10-6 at the 2027 municipal election.
31 (c) Except as otherwise provided by law, the successors of an
32 individual elected under subsection (a) or (b) shall:
33 (1) be elected at the municipal election held in each
34 odd-numbered year before a presidential election year under
35 IC 3-10-6;
36 (2) take office the following January 1; and
37 (3) serve a term of four (4) years.
38 Sec. 7. The successors of an individual elected to a municipal
39 office at the 2024 general election shall:
40 (1) be elected at the general election held in each presidential
41 election year;
42 (2) take office the following January 1; and
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1 (3) serve a term of four (4) years.
2 Sec. 8. (a) This section applies to each political party whose
3 nominee received at least ten percent (10%) of the votes cast for
4 secretary of state at the most recent election for secretary of state.
5 (b) The political party shall nominate all candidates for election
6 to municipal offices at a primary election as provided in this
7 article.
8 Sec. 9. (a) This section applies to a candidate of a political party:
9 (1) not qualified to conduct a primary election under this
10 article; and
11 (2) not required to nominate candidates by a petition of
12 nomination under IC 3-8-6.
13 (b) Notwithstanding IC 3-10-6-1, a candidate for election to a
14 municipal office must be nominated at a convention in the manner
15 described in IC 3-10-6-12.
16 Sec. 10. The general election for municipal offices shall be held
17 on the first Tuesday after the first Monday in November of the
18 following:
19 (1) A presidential election year, for municipal offices whose
20 terms expire at the end of the presidential election year.
21 (2) A nonpresidential election year, for municipal offices
22 whose terms expire at the end of the nonpresidential election
23 year.
24 Sec. 11. (a) In accordance with IC 3-11-1.5 and to the extent
25 applicable and feasible, the circuit court clerk, the county fiscal
26 body, the county executive, and the county election board of each
27 county in which there are voters who are entitled to vote for offices
28 in a municipality, but who live in a county adjacent to the county
29 in which the greatest percentage of the population of the
30 municipality resides, shall:
31 (1) upon written request of their counterpart election officers
32 in the county with the greatest percentage of the population
33 of the municipality, establish precincts in the municipality;
34 and
35 (2) supply the precincts established with poll lists and perform
36 all other duties under this title as if the voters were
37 inhabitants of a municipality with the greatest percentage of
38 its population within that county.
39 (b) The commission shall, if necessary, implement this section by
40 orders and rules. Local governments may use IC 36-1-7 for
41 contractual agreements concerning the costs of services, supplies,
42 and equipment required.
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1 SECTION 13. IC 3-10-6-1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter
3 applies to municipal and school district elections in the following
4 municipalities:
5 (1) all cities and towns having a population of more than ten
6 thousand (10,000) to which IC 3-10-5.5 does not apply.
7 (2) Towns having a population of three thousand five hundred
8 (3,500) or more.
9 (3) Towns located entirely or partially within a county having a
10 consolidated city, regardless of their population.
11 (b) Prison inmates may not be counted in determining population
12 size for purposes of this chapter.
13 SECTION 14. IC 3-10-6.5 IS REPEALED [EFFECTIVE UPON
14 PASSAGE]. (Elections in Even-Numbered Years for Towns and
15 Certain Cities).
16 SECTION 15. IC 3-10-7 IS REPEALED [EFFECTIVE UPON
17 PASSAGE]. (Municipal Elections in Small Towns Located Outside
18 Marion County).
19 SECTION 16. IC 3-10-12-3.4, AS AMENDED BY P.L.74-2017,
20 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 UPON PASSAGE]: Sec. 3.4. (a) This section applies to a voter who:
22 (1) changes residence from a precinct in a county to another
23 precinct:
24 (A) in the same county; and
25 (B) in the same congressional district;
26 as the former precinct; and
27 (2) does not notify the county voter registration office of the
28 change of address before election day.
29 (b) A voter described by subsection (a) may:
30 (1) correct the voter registration record; and
31 (2) vote in the precinct where the voter formerly resided;
32 if the voter makes an oral affirmation as described in subsection (e) or
33 uses the affidavit prescribed by the election division under
34 IC 3-10-11-6 to make a written affirmation of the voter's current
35 residence address as described in section 4 of this chapter. of the
36 voter's current residence address.
37 (c) A voter who moved outside of a municipality may not return to
38 the precinct where the voter formerly resided to vote in a municipal an
39 election for municipal offices of that municipality.
40 (d) A voter who moved from a location outside a municipality to a
41 location within a municipality before a:
42 (1) municipal primary election for municipal offices;
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1 (2) municipal general election for municipal offices; or
2 (3) special election held only within the municipality;
3 may not vote in the municipal primary election municipal for
4 municipal offices, general election for municipal offices, or special
5 election held only within the municipality in the precinct of the person's
6 former residence.
7 (e) A voter entitled to make a written affirmation under subsection
8 (b) may make an oral affirmation. The voter must make the oral
9 affirmation before the poll clerks of the precinct. After the voter makes
10 an oral affirmation under this subsection, the poll clerks shall:
11 (1) reduce the substance of the affirmation to writing at an
12 appropriate location on the poll list; and
13 (2) initial the affirmation.
14 SECTION 17. IC 3-11-1.5-25 IS AMENDED TO READ AS
15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 25. (a) In a year
16 in which a general election is held, a precinct establishment order
17 may not become effective during the following periods:
18 (1) In a year in which a general election is held, the period
19 beginning on the first day that a declaration of candidacy may be
20 filed under IC 3-8-2-4 and ending the day following general
21 election day.
22 (2) (b) This subsection applies to a municipal election that is
23 held in a municipality to which IC 3-10-5.5 does not apply. For
24 precincts located wholly or partially within a municipality, a precinct
25 establishment order may not become effective after January 31 and
26 before the day following municipal election day, in a year in which a
27 municipal election is held.
28 SECTION 18. IC 3-11-1.5-33 IS AMENDED TO READ AS
29 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 33. (a) If the
30 boundaries of a municipality are extended before a municipal primary
31 election or a municipal an election:
32 (1) to nominate candidates for municipal offices; or
33 (2) to elect candidates for municipal offices;
34 and the territory within those boundaries has not been included in
35 precincts wholly within the municipality, the voters within the extended
36 boundaries may vote, if otherwise qualified, in the municipal primary
37 election or municipal the general election.
38 (b) The voters may vote in the precinct in which they have their
39 residence as if the precinct had been established to include them in a
40 precinct wholly within the municipality. These votes shall be counted
41 and included in the canvass of the votes cast in the municipal primary
42 election or municipal the general election.
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1 SECTION 19. IC 3-11-1.5-35, AS AMENDED BY P.L.2-2005,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 35. (a) This section applies to a county that
4 has a precinct that crosses a boundary in violation of section 4(4), 4(5),
5 or 4(6) of this chapter.
6 (b) Notwithstanding section 25 of this chapter, if the county does
7 not issue a precinct establishment order that establishes precincts in
8 compliance with section 4(4), 4(5), and 4(6) of this chapter by the
9 January 31 following the last effective date described in section 25(2)
10 25(b) of this chapter, the commission may issue an order establishing
11 precincts as provided under subsection (c).
12 (c) An order issued by the commission under this section must
13 comply with section 4(4), 4(5), and 4(6) of this chapter.
14 (d) The co-directors shall send a copy of the commission's order to
15 the office.
16 SECTION 20. IC 3-11-10-26.5, AS AMENDED BY P.L.109-2021,
17 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 UPON PASSAGE]: Sec. 26.5. (a) This section applies to:
19 (1) a municipal election conducted in a municipality to which
20 IC 3-10-5.5 does not apply;
21 (2) a primary conducted in a municipal election year in a
22 municipality to which IC 3-10-5.5 does not apply; and
23 (3) a special election conducted under IC 3-10-8 and that is not
24 conducted at the same time as any other election.
25 (b) Notwithstanding section 26 of this chapter or IC 3-11-18.1-4 in
26 a vote center county, a county election board (or a town election board
27 acting under IC 3-10-7) may adopt a resolution or an amendment to a
28 county vote center plan by the unanimous vote of the board's entire
29 membership stating that voters are entitled to vote by absentee ballot
30 before an absentee voter board in the office of the circuit court clerk or
31 town election board during specific days and hours identified in the
32 resolution.
33 (c) If the election board adopts a resolution or an amendment under
34 subsection (b), the board must include written findings of fact in the
35 resolution or amendment stating:
36 (1) the number of absentee ballot applications anticipated or
37 previously received for the election;
38 (2) the expense to be incurred by providing absentee ballot voting
39 in the office during the entire period required under section 26 of
40 this chapter; and
41 (3) that voters would experience little or no inconvenience by
42 restricting absentee ballot voting in the office to the days and
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1 hours specified in the resolution or amendment.
2 SECTION 21. IC 3-11-11-10.5, AS AMENDED BY P.L.193-2021,
3 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 UPON PASSAGE]: Sec. 10.5. (a) At a primary election, a voter may
5 not remain in the voting booth longer than five (5) seven (7) minutes.
6 (b) At a general, municipal, or special election, a voter may not
7 remain in the voting booth longer than four (4) seven (7) minutes.
8 (c) If a voter refuses to leave the voting booth after the lapse of the
9 time provided under subsection (a) or (b), the precinct election board,
10 or the election sheriff or sheriffs upon the order of the board, shall
11 immediately remove the voter from the booth.
12 SECTION 22. IC 3-11-13-32.5, AS AMENDED BY P.L.193-2021,
13 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 UPON PASSAGE]: Sec. 32.5. (a) At a primary election, a voter may
15 not remain in the voting booth or compartment longer than five (5)
16 seven (7) minutes.
17 (b) At a general, municipal, or special election, a voter may not
18 remain in the voting booth or compartment longer than four (4) seven
19 (7) minutes.
20 (c) If a voter refuses to leave a voting booth or compartment after
21 the lapse of the time provided under subsection (a) or (b), the precinct
22 election board, or the election sheriff or sheriffs upon the order of the
23 board, shall immediately remove the voter from the booth or
24 compartment.
25 SECTION 23. IC 3-11-14-26, AS AMENDED BY P.L.193-2021,
26 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 UPON PASSAGE]: Sec. 26. At a primary election, a voter may not
28 remain in the voting booth longer than five (5) seven (7) minutes.
29 SECTION 24. IC 3-11-14-27, AS AMENDED BY P.L.193-2021,
30 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 UPON PASSAGE]: Sec. 27. At a general, municipal, or special
32 election, a voter may not remain in the voting booth longer than four
33 (4) seven (7) minutes.
34 SECTION 25. IC 3-11-18.1-5, AS AMENDED BY P.L.141-2023,
35 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 UPON PASSAGE]: Sec. 5. (a) Except as provided in subsections (b)
37 and (c), a plan must provide a vote center for use by voters residing
38 within the county for use in a primary election, general election, special
39 election, municipal primary, or municipal election conducted on or
40 after the effective date of the county election board's order.
41 (b) A plan may provide that a vote center will not be used in a
42 municipal election conducted in 2023, 2027, 2031, 2035, 2039, 2043,
SB 355—LS 7296/DI 144 13
1 and every four (4) years thereafter for some or all of the towns:
2 (1) located within the county; and
3 (2) having a population of less than three thousand five hundred
4 (3,500).
5 (c) This section does not apply in a town that has established a town
6 election board under IC 3-10-7-5.7 while the resolution established
7 under IC 3-10-7-5.7 is in effect.
8 SECTION 26. IC 3-12-5-2 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Whenever a
10 candidate is elected:
11 (1) to a local or school board office other than
12 (A) one for which a town clerk-treasurer issues a certificate of
13 election under IC 3-10-7-34; or
14 (B) one commissioned by the governor under IC 4-3-1-5; or
15 (2) a precinct committeeman or state convention delegate;
16 the circuit court clerk shall, when permitted under section 16 of this
17 chapter, prepare and deliver to the candidate on demand a certificate
18 of the candidate's election.
19 (b) This subsection applies to a local or school board office
20 described in subsection (a) with an election district located in more
21 than one (1) county and a local public question placed on the ballot in
22 more than one (1) county. The circuit court clerk of the county that
23 contains the greatest percentage of the population of the election
24 district shall, upon demand of the candidate or a person entitled to
25 request a recount of the votes cast on a public question under
26 IC 3-12-12:
27 (1) obtain the certified statement of the votes cast for that office
28 or on that question that was prepared under IC 3-12-4-9 from the
29 circuit court clerk in each other county in which the election
30 district is located;
31 (2) tabulate the total votes cast for that office or on that question
32 as shown on the certified statement of each county in the election
33 district; and
34 (3) issue a certificate of election to the candidate when permitted
35 under section 16 of this chapter or a certificate declaring the local
36 public question approved or rejected.
37 SECTION 27. IC 3-12-6-31 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31. (a) The circuit
39 court clerk shall transmit the certificate prepared under section 30 of
40 this chapter to the election division, the county election board or other
41 public official authorized by this title to issue:
42 (1) a certificate of nomination under IC 3-8-7;
SB 355—LS 7296/DI 144 14
1 (2) a certificate of election under IC 3-10-7-34 or IC 3-12-5-2; or
2 (3) a commission for the office under IC 4-3-1-5.
3 (b) The election division shall provide a copy of a certificate
4 transmitted to the election division under this section to the office.
5 SECTION 28. IC 3-12-11-25, AS AMENDED BY P.L.233-2015,
6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 UPON PASSAGE]: Sec. 25. (a) Except as provided in subsection (b),
8 whenever the commission makes a final determination under section
9 18 of this chapter that the candidate who is subject to a contest
10 proceeding is not eligible to serve in the office to which the candidate
11 is nominated or elected, the candidate who received the second highest
12 number of votes for the office is entitled to a certificate of nomination
13 or certificate of election even though a certificate may have been issued
14 to another candidate upon the tabulation of the votes.
15 (b) This subsection applies to a contest proceeding for a state office
16 other than the offices of governor, lieutenant governor, justice of the
17 supreme court, judge of the court of appeals, and judge of the tax court.
18 Whenever the commission makes a final determination under section
19 18(b) of this chapter that the candidate who is subject to a contest
20 proceeding is not eligible to serve in the office to which the candidate
21 is elected the following apply:
22 (1) This subdivision does not apply to the filling of a state office
23 following a contest proceeding or court action that resulted from
24 an election held before January 1, 2011. The office is considered
25 vacant, and the governor shall fill the vacancy as provided in
26 IC 3-13-4-3(e) by the appointment of a person of the same
27 political party as the candidate who is not eligible to serve.
28 (2) The commission's determination that the candidate is not
29 eligible to serve in the office does not affect the votes cast for the
30 candidate for purposes of determining the number or percentage
31 of votes cast for purposes of other statutes, including IC 3-5-2-30,
32 IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7, IC 3-6-6-8, IC 3-6-7-1,
33 IC 3-6-8-1, IC 3-8-4, IC 3-8-6, IC 3-10-1-2, IC 3-10-2-15,
34 IC 3-10-4-2, IC 3-10-6, IC 3-10-7-26, IC 3-11-2-6, IC 3-11-13-11,
35 IC 3-11-14-3.5, IC 3-13-9-4.5, IC 6-9-2-3, and IC 36-4-1.5-2.
36 SECTION 29. IC 3-13-8-4, AS AMENDED BY P.L.119-2005,
37 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 UPON PASSAGE]: Sec. 4. (a) This section applies to a vacancy in the
39 city-county council of a first class city not covered by section 1 of this
40 chapter.
41 (b) A vacancy shall be filled by a majority of the remaining
42 members of the council at a regular or special meeting. The city clerk
SB 355—LS 7296/DI 144 15
1 shall give notice of the meeting. Except as provided in subsection (c),
2 the meeting shall be held not later than thirty (30) days after the
3 vacancy occurs. The notice must:
4 (1) be in writing;
5 (2) state the purpose of the meeting;
6 (3) state the date, time, and place of the meeting; and
7 (4) be sent by first class mail to each council member at least ten
8 (10) days before the meeting.
9 (c) If a vacancy exists because of the death of a council member, the
10 council shall meet and select an individual to fill the vacancy not later
11 than thirty (30) days after the city clerk receives notice of the death
12 under IC 5-8-6. The city clerk may not give the notice required by
13 subsection (b) until the city clerk receives notice of the death under
14 IC 5-8-6.
15 (d) The appointed member serves until a successor is elected and
16 qualified at the next municipal or general election whichever occurs
17 first. for members of the city-county council. The successor serves
18 from noon January 1 following that election to noon January 1
19 following the next municipal election for members of the city-county
20 council, as provided in IC 36-3-4-2. The persons appointed and elected
21 must be resident voters in the district where the vacancy occurred,
22 unless the vacancy occurred in an at large seat.
23 SECTION 30. IC 5-4-1-2, AS AMENDED BY P.L.55-2022,
24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 UPON PASSAGE]: Sec. 2. (a) The oath required by section 1 of this
26 chapter, except in the case of a notary public or in those cases specified
27 in section 3 of this chapter, shall be endorsed on or attached to the:
28 (1) commission;
29 (2) certificate if a certificate was issued under IC 3-10-7-34,
30 IC 3-12-4 or IC 3-12-5; or
31 (3) certificate of appointment pro tempore under IC 3-13-11-11;
32 signed by the person taking the oath, and certified to by the officer
33 before whom the oath was taken, who shall also deliver to the person
34 taking the oath a copy of the oath.
35 (b) A copy of the oath of office of a prosecuting attorney shall be
36 attached to the commission of the prosecuting attorney.
37 SECTION 31. IC 33-35-1-1, AS AMENDED BY P.L.141-2023,
38 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 UPON PASSAGE]: Sec. 1. (a) During 2026, 2030, 2034, 2038, 2042,
40 and every fourth year after that, a second or third class city or a town
41 may by ordinance establish or abolish a city or town court. An
42 ordinance to establish a city or town court must be adopted not less
SB 355—LS 7296/DI 144 16
1 than one (1) year before the judge's term would begin under
2 IC 3-10-5.5-4 or section 3 of this chapter.
3 (b) The judge for a court established under subsection (a) shall be
4 elected under one (1) of the following, as applicable to the
5 municipality:
6 (1) IC 3-10-6, or IC 3-10-7, at the municipal election in
7 November 2023, 2027, 2031, 2035, 2039, 2043, and every four
8 (4) years thereafter.
9 (2) IC 3-10-5.5.
10 (c) A court established under subsection (a) comes into existence on
11 January 1 of the year following the year in which a judge is elected to
12 serve in that court.
13 (d) A city or town court in existence on January 1, 1986, may
14 continue in operation until it is abolished by ordinance.
15 (e) A city or town that establishes or abolishes a court under this
16 section shall give notice of its action to the following:
17 (1) The office of judicial administration under IC 33-24-6.
18 (2) The secretary of state.
19 (3) The circuit court clerk of the county in which the greatest
20 population of the city or town resides.
21 SECTION 32. IC 33-35-1-3, AS AMENDED BY P.L.109-2015,
22 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 UPON PASSAGE]: Sec. 3. (a) The judge of a city or town court shall
24 be elected under IC 3-10-5.5 or IC 3-10-6 or IC 3-10-7 by the voters
25 of the city or town.
26 (b) Except as provided in subsections subsection (c), (d), and (e),
27 the term of office of a judge elected under this section is four (4) years,
28 beginning at noon January 1 after election and continuing until a
29 successor is elected and qualified.
30 (c) This subsection applies to a town that adopts an ordinance under
31 IC 3-10-6-2.6. The term of office of:
32 (1) a judge elected at the next municipal election not conducted
33 in a general election year is one (1) year; and
34 (2) the successors to the judge described in subdivision (1) is four
35 (4) years;
36 beginning at noon January 1 after election and continuing until a
37 successor is elected and qualified.
38 (d) This subsection applies to a town that adopts an ordinance under
39 IC 3-10-7-2.7. The term of office of:
40 (1) a judge elected at the next municipal election not conducted
41 in a general election year is three (3) years; and
42 (2) the successors to the judge described in subdivision (1) is four
SB 355—LS 7296/DI 144 17
1 (4) years;
2 beginning noon January 1 after election and continuing until a
3 successor is elected and qualified.
4 (e) This subsection applies to a town that adopts an ordinance under
5 IC 3-10-7-2.9. The term of office of:
6 (1) a judge elected in the first election cycle after adoption of the
7 ordinance is the term of office provided by the ordinance, not to
8 exceed four (4) years; and
9 (2) the successors of the judge described in subdivision (1) is four
10 (4) years.
11 (f) (d) Before beginning the duties of office, the judge shall, in the
12 manner prescribed by IC 5-4-1, execute a bond conditioned upon the
13 faithful discharge of the duties of office.
14 SECTION 33. IC 33-35-3-1 IS AMENDED TO READ AS
15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The officers
16 of a city court are a:
17 (1) judge;
18 (2) clerk; and
19 (3) bailiff.
20 However, in third class cities, the judge may act as clerk and perform
21 all duties of the clerk of the court or appoint a clerk of the court. If the
22 judge does not act as clerk of the court or appoint a clerk of the court,
23 the city clerk-treasurer elected under IC 3-10-5.5 or IC 3-10-6 shall
24 perform the duties of the clerk of the city court.
25 (b) The clerk is an officer of a town court. The judge of a town court
26 may act as clerk and perform all duties of the clerk of the court or
27 appoint a clerk of the court. If the judge does not act as a clerk of the
28 court or appoint a clerk of the court, the town clerk-treasurer elected
29 under IC 3-10-5.5 or IC 3-10-6 or IC 3-10-7 shall perform the duties
30 of the clerk of the town court.
31 (c) The clerk and bailiff may not receive any fees or compensation
32 other than their salaries.
33 SECTION 34. IC 36-1-2-11.5 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE UPON PASSAGE]: Sec. 11.5. "Nonpresidential
36 election year" has the meaning set forth in IC 3-5-2-33.3.
37 SECTION 35. IC 36-1-2-13.5 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE UPON PASSAGE]: Sec. 13.5. "Presidential election
40 year" has the meaning set forth in IC 3-5-2-40.2.
41 SECTION 36. IC 36-1.5-4-35, AS ADDED BY P.L.186-2006,
42 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SB 355—LS 7296/DI 144 18
1 UPON PASSAGE]: Sec. 35. (a) This section applies to an initial
2 election:
3 (1) of the members of a governing body or officers that are
4 elected by the voters for a reorganized political subdivision that:
5 (A) is a town; and
6 (B) has town boundaries that encompass part of another town
7 that was part of the reorganization;
8 (2) that is conducted before the reorganization takes effect; and
9 (3) to which IC 3-10-7-1 IC 3-10-5.5 applies.
10 (b) The members of each precinct board shall be jointly appointed
11 by the town election boards of each of the reorganizing political
12 subdivisions.
13 SECTION 37. IC 36-1.5-4-36, AS AMENDED BY P.L.113-2010,
14 SECTION 112, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE UPON PASSAGE]: Sec. 36. (a) This section applies if
16 section 5 of this chapter requires an election for a reorganization to
17 become effective.
18 (b) At the next:
19 (1) general election, if:
20 (A) the reorganized political subdivision is not a municipality
21 or a school corporation; or
22 (B) the reorganized political subdivision results from a
23 reorganization including a county and at least one (1)
24 municipality; or
25 (C) the reorganized political subdivision is a municipality
26 to which IC 3-10-5.5 applies;
27 (2) municipal election, if the reorganized political subdivision is
28 a municipality to which IC 3-10-5.5 does not apply; or
29 (3) primary or general election, as specified in an election plan
30 adopted in substantially identical resolutions by the legislative
31 body of each of the participating political subdivisions if the
32 reorganized political subdivision is a school corporation;
33 after the voters approve a reorganization, one (1) set of officers for the
34 reorganized political subdivision having the combined population of
35 the reorganizing political subdivisions shall be elected by the voters in
36 the territory of the reorganized political subdivision as prescribed by
37 statute.
38 (c) In the election described in subsection (b):
39 (1) one (1) member of the legislative body of the reorganized
40 political subdivision shall be elected from each election district
41 established by the reorganizing political subdivisions in
42 substantially identical resolutions adopted by the legislative body
SB 355—LS 7296/DI 144 19
1 of each of the reorganizing political subdivisions; and
2 (2) the total number of at large members shall be elected as
3 prescribed by statute for the reorganized political subdivision.
4 (d) If appointed officers are required in the reorganized political
5 subdivision, one (1) set of appointed officers shall be appointed for the
6 reorganized political subdivision. The appointments shall be made as
7 required by statute for the reorganized political subdivision. Any
8 statute requiring an appointed officer to reside in the political
9 subdivision where the appointed officer resides shall be treated as
10 permitting the appointed officer to reside in any part of the territory of
11 the reorganized political subdivision.
12 SECTION 38. IC 36-3-3-2 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A mayor,
14 who is the executive of both the consolidated city and the county, shall
15 be elected under IC 3-10-5.5 or IC 3-10-6, whichever is applicable to
16 the consolidated city, by the voters of the whole county.
17 (b) To be eligible to serve as the executive, a person must meet the
18 qualifications prescribed by IC 3-8-1-24.
19 (c) The term of office of an executive is four (4) years, beginning at
20 noon on January 1 after election and continuing until a successor is
21 elected and qualified.
22 SECTION 39. IC 36-3-4-2, AS AMENDED BY P.L.193-2021,
23 SECTION 109, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A city-county council,
25 which is the legislative body of both the consolidated city and the
26 county, shall be elected under IC 3-10-5.5 or IC 3-10-6, whichever is
27 applicable to the consolidated city, by the voters of the county. The
28 city-county council consists of twenty-five (25) members.
29 (b) To be eligible to serve as a member of the legislative body, a
30 person must meet the qualifications prescribed by IC 3-8-1-25.
31 (c) A member of the legislative body must reside within:
32 (1) the county as provided in Article 6, Section 6 of the
33 Constitution of the State of Indiana; and
34 (2) the district from which the member was elected.
35 (d) A vacancy in the legislative body occurs whenever a member:
36 (1) dies, resigns, or is removed from office;
37 (2) ceases to be a resident of the district from which the member
38 was elected; or
39 (3) is incapacitated to the extent that the member is unable to
40 perform the member's duties for more than six (6) months.
41 (e) The vacancy shall be filled under IC 3-13-8.
42 (f) The term of office of a member of the legislative body is four (4)
SB 355—LS 7296/DI 144 20
1 years, beginning at noon on January 1 after election and continuing
2 until a successor is elected and qualified.
3 SECTION 40. IC 36-4-1-8 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) Whenever
5 the classification of a city under section 1 of this chapter changes due
6 to a change in the city's population, the city shall be governed by the
7 laws applicable to its new class, except as provided by subsection (b).
8 (b) The membership of a city legislative body remains unchanged
9 until the expiration of the terms of its members, despite a change in the
10 classification of the city for any reason. At the:
11 (1) municipal election, if IC 3-10-5.5 does not apply to the city;
12 or
13 (2) general election, if IC 3-10-5.5 applies to the city;
14 preceding the expiration of those terms, the number of members of the
15 legislative body required by the laws applicable to its new class shall
16 be elected. The powers, duties, functions, and office of an elected
17 official of a city shall remain unchanged until the expiration of the term
18 of the elected official, despite a change in city classification for any
19 reason.
20 SECTION 41. IC 36-4-1.5-3, AS AMENDED BY P.L.202-2013,
21 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 UPON PASSAGE]: Sec. 3. (a) A town legislative body may satisfy the
23 requirements of this section in an ordinance adopted either before or
24 after the town's voters vote on the question described in section 2 of
25 this chapter.
26 (b) If a resolution is adopted under section 2 of this chapter, the
27 town legislative body shall adopt an ordinance providing for the
28 transition from governance as a town to governance as a city. The
29 ordinance adopted under this section must include the following
30 details:
31 (1) A division of the town into city legislative body districts as
32 provided in the applicable provisions of IC 36-4-6.
33 (2) Provisions for the election of the following officers:
34 (A) The city executive.
35 (B) The members of the city legislative body.
36 (C) The city clerk or city clerk-treasurer as appropriate under
37 IC 36-4-10.
38 (3) The date of the first election of the city officers. The first
39 election may be held only on the date of the next general election
40 or municipal election whichever is earlier, at which officers are
41 elected in the municipality under IC 3-10-5.5 or IC 3-10-6,
42 following the date fixed for an election under section 2 of this
SB 355—LS 7296/DI 144 21
1 chapter on the question of whether the town should be changed
2 into a city. Candidates for election to the city offices shall be
3 nominated:
4 (A) at the corresponding primary election during a general
5 election year or a municipal election year; or
6 (B) as otherwise provided in IC 3.
7 (4) Subject to section 4 of this chapter, the term of office of each
8 city officer elected at the first election of city officers.
9 (5) Any other details the town legislative body considers useful in
10 providing for the transition of the town into a city.
11 (c) An ordinance adopted under this section is effective only if the
12 voters of the town approve the conversion of the town into a city under
13 section 2(6) of this chapter.
14 (d) The provisions of an ordinance adopted under this section are
15 subject to all other laws governing the structure of city government.
16 (e) Subject to this chapter, the town legislative body or the city
17 legislative body (after the town is changed into a city) may amend an
18 ordinance adopted under this section.
19 SECTION 42. IC 36-4-1.5-4, AS ADDED BY P.L.111-2005,
20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 UPON PASSAGE]: Sec. 4. (a) Notwithstanding any other law, the term
22 of office of the city officers elected at the first election of city officers
23 held under the ordinance adopted under section 3 of this chapter:
24 (1) begins on January 1 after the first election of city officers; and
25 (2) may not extend after December 31 of the next:
26 (A) municipal election year that occurs after the first election
27 of city officers, if IC 3-10-5.5 does not apply to the city; or
28 (B) general election year that occurs after the first election
29 of city officers, if IC 3-10-5.5 applies to the city.
30 (b) The ordinance adopted under section 3 of this chapter may
31 provide for a shorter term of office for specified members of the city
32 legislative body to stagger terms as permitted under IC 3 and IC 36-4-6.
33 However, if IC 3-10-5.5 does not apply to the city, the ordinance
34 may provide for a shorter term of office under this subsection only
35 if a general election will occur in an even-numbered year before the
36 next municipal election occurring in the odd-numbered year before
37 a presidential election year, after the first election of city officers.
38 (c) After the first municipal election after the first election of city
39 officers, the term of office of each city officer is four (4) years.
40 SECTION 43. IC 36-4-2-8 IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. An election held
42 under section 2 or 3 of this chapter may not be held in a calendar year
SB 355—LS 7296/DI 144 22
1 in which a general municipal election is to be held in the
2 odd-numbered year before a presidential election year.
3 SECTION 44. IC 36-4-2-10 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) At the next
5 general municipal election After a vote in favor of a merger at an
6 election held under section 2 or 3 of this chapter, one (1) set of officers
7 for a municipality having the combined population of the merging
8 municipalities shall be elected by the voters of the merging
9 municipalities as prescribed by statute, except that:
10 (1) one (1) member of the municipal legislative body shall be
11 elected from each district established under section 12 of this
12 chapter; and
13 (2) the total number of at large members prescribed by statute for
14 the municipal legislative body shall be elected.
15 (b) An election under subsection (a) must be held at the next:
16 (1) municipal election occurring in the odd-numbered year
17 before a presidential election year, if IC 3-10-5.5 does not
18 apply to each of the merging municipalities; or
19 (2) general election, if IC 3-10-5.5 applies to one (1) or more
20 of the merging municipalities.
21 SECTION 45. IC 36-4-2-12 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The
23 legislative bodies of municipalities that vote to merge under this
24 chapter shall meet in joint session at the hall of the municipality having
25 the largest population at 8 p.m. on the second Monday of January of the
26 next year in which a:
27 (1) general municipal election is to be held, if IC 3-10-5.5 applies
28 to one (1) or more of the merging municipalities; or
29 (2) municipal election is to be held in the odd-numbered year
30 before a presidential election year, if IC 3-10-5.5 does not
31 apply to each of the merging municipalities.
32 (b) At the joint meeting, the legislative bodies shall:
33 (1) elect a presiding officer and clerk; and
34 (2) fix, by joint resolution, the boundaries of the districts from
35 which members will be elected to the legislative body of the new
36 municipality.
37 The legislative bodies shall fix the district boundaries so that, as nearly
38 as is possible, all parts of the merging municipalities have equal
39 representation in the legislative body of the new municipality. The
40 district boundaries fixed under this subsection constitute the district
41 boundaries for the new municipality until they are altered by the
42 legislative body of the new municipality.
SB 355—LS 7296/DI 144 23
1 (b) (c) If any territory in the municipality is not included in one (1)
2 of the districts established under subsection (a), (b), the territory is
3 included in the district that:
4 (1) is contiguous to that territory; and
5 (2) contains the least population of all districts contiguous to that
6 territory.
7 (c) (d) If any territory in the municipality is included in more than
8 one (1) of the districts established under subsection (a), (b), the
9 territory is included in the district that:
10 (1) is one (1) of the districts in which the territory is described in
11 the joint resolution adopted under subsection (a); (b);
12 (2) is contiguous to that territory; and
13 (3) contains the least population of all districts contiguous to that
14 territory.
15 (d) (e) A copy of the joint resolution passed under subsection (a) (b)
16 shall be:
17 (1) certified by the presiding officer;
18 (2) attested by the clerk; and
19 (3) filed with the legislative body of each of the merging
20 municipalities and the circuit court clerk of each county in which
21 the municipalities are located.
22 SECTION 46. IC 36-4-5-2 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A mayor,
24 who is the city executive, shall be elected under:
25 (1) IC 3-10-5.5; or
26 (2) IC 3-10-6;
27 as applicable to the city, by the voters of each city.
28 (b) A person is eligible to be a city executive only if the person
29 meets the qualifications prescribed by IC 3-8-1-26.
30 (c) Residency in territory that is annexed by the city before the
31 election is considered residency for the purposes of subsection (b),
32 even if the annexation takes effect less than one (1) year before the
33 election.
34 (d) The city executive must reside within the city as provided in
35 Article 6, Section 6 of the Constitution of the State of Indiana. The
36 executive forfeits office if the executive ceases to be a resident of the
37 city.
38 (e) The term of office of a city executive is four (4) years, beginning
39 at noon on January 1 after election and continuing until a successor is
40 elected and qualified.
41 SECTION 47. IC 36-4-6-2 IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A common
SB 355—LS 7296/DI 144 24
1 council, which is the city legislative body, shall be elected under:
2 (1) IC 3-10-5.5; or
3 (2) IC 3-10-6;
4 as applicable to the city, by the voters of each city.
5 (b) A person is eligible to be a member of the legislative body only
6 if the person meets the qualifications prescribed by IC 3-8-1-27.
7 (c) Residency in territory that is annexed by the city before the
8 person files a declaration of candidacy or petition of nomination is
9 considered residency for the purposes of subsection (b), even if the
10 annexation takes effect less than one (1) year before the election.
11 (d) A member of the legislative body must reside within:
12 (1) the city as provided in Article 6, Section 6 of the Constitution
13 of the State of Indiana; and
14 (2) the district from which the member was elected, if applicable.
15 (e) A member forfeits office if the member ceases to be a resident
16 of the district or city.
17 (f) The term of office of a member of the legislative body is four (4)
18 years, beginning at noon on January 1 after election and continuing
19 until a successor is elected and qualified.
20 SECTION 48. IC 36-4-6-3, AS AMENDED BY P.L.169-2022,
21 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 UPON PASSAGE]: Sec. 3. (a) This section applies only to second class
23 cities.
24 (b) The legislative body shall adopt an ordinance to divide the city
25 into six (6) districts that:
26 (1) are composed of contiguous territory, except for territory that
27 is not contiguous to any other part of the city;
28 (2) are reasonably compact;
29 (3) do not cross precinct boundary lines, except as provided in
30 subsection (c) or (d); and
31 (4) contain, as nearly as is possible, equal population.
32 (c) The boundary of a city legislative body district may cross a
33 precinct boundary line if:
34 (1) more than one (1) member of the legislative body elected from
35 the districts established under subsection (b) resides in one (1)
36 precinct established under IC 3-11-1.5 after the most recent
37 municipal election for members of the city legislative body; and
38 (2) following the establishment of a legislative body district
39 whose boundary crosses a precinct boundary line, not more than
40 one (1) member of the legislative body elected from districts
41 resides within the same city legislative body district.
42 (d) The boundary of a city legislative body district may cross a
SB 355—LS 7296/DI 144 25
1 precinct line if the districts would not otherwise contain, as nearly as
2 is possible, equal population.
3 (e) A city legislative body district with a boundary described by
4 subsection (c) or (d) may not cross a census block boundary line:
5 (1) except when following a precinct boundary line; or
6 (2) unless the city legislative body certifies in the ordinance that
7 the census block has no population, and is not likely to ever have
8 population.
9 (f) The legislative body may not adopt an ordinance dividing the city
10 into districts with boundaries described by subsection (c) or (d) unless
11 the clerk of the city mails a written notice to the circuit court clerk. The
12 notice must:
13 (1) state that the legislative body is considering the adoption of an
14 ordinance described by this subsection; and
15 (2) be mailed not later than ten (10) days before the legislative
16 body adopts the ordinance.
17 (g) Except as provided in subsection (j), the division under
18 subsection (b) shall be made only at times permitted under IC 3-5-10.
19 (h) The legislative body is composed of six (6) members elected
20 from the districts established under subsection (b) and three (3) at-large
21 members.
22 (i) Each voter of the city may vote for three (3) candidates for
23 at-large membership and one (1) candidate from the district in which
24 the voter resides. The three (3) at-large candidates receiving the most
25 votes from the whole city and the district candidates receiving the most
26 votes from their respective districts are elected to the legislative body.
27 (j) If the legislative body determines that a division under subsection
28 (g) is not required, the legislative body shall adopt an ordinance
29 recertifying that the districts as drawn comply with this section.
30 (k) A copy of the ordinance establishing districts or a recertification
31 adopted under this section must be filed with the circuit court clerk of
32 the county that contains the greatest population of the city not later than
33 thirty (30) days after the ordinance or recertification is adopted. The
34 filing must include a map of the district boundaries:
35 (1) adopted under subsection (b); or
36 (2) recertified under subsection (j).
37 (l) The limitations set forth in this section are part of the ordinance,
38 but do not have to be specifically set forth in the ordinance. The
39 ordinance must be construed, if possible, to comply with this chapter.
40 If a provision of the ordinance or an application of the ordinance
41 violates this chapter, the invalidity does not affect the other provisions
42 or applications of the ordinance that can be given effect without the
SB 355—LS 7296/DI 144 26
1 invalid provision or application. The provisions of the ordinance are
2 severable.
3 (m) IC 3-5-10 applies to a plan established under this section.
4 SECTION 49. IC 36-4-6-4, AS AMENDED BY P.L.169-2022,
5 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 UPON PASSAGE]: Sec. 4. (a) This section applies to third class cities,
7 except as provided by section 5 of this chapter.
8 (b) This subsection does not apply to a city with an ordinance
9 described by subsection (j) or (m). The legislative body shall adopt an
10 ordinance to divide the city into five (5) districts that:
11 (1) are composed of contiguous territory, except for territory that
12 is not contiguous to any other part of the city;
13 (2) are reasonably compact;
14 (3) do not cross precinct boundary lines except as provided in
15 subsection (c) or (d); and
16 (4) contain, as nearly as is possible, equal population.
17 (c) The boundary of a city legislative body district may cross a
18 precinct boundary line if:
19 (1) more than one (1) member of the legislative body elected from
20 the districts established under subsection (b), (j), or (m) resides in
21 one (1) precinct established under IC 3-11-1.5 after the most
22 recent municipal election for members of the city legislative
23 body; and
24 (2) following the establishment of a legislative body district
25 whose boundary crosses a precinct boundary line, not more than
26 one (1) member of the legislative body elected from the districts
27 resides within the same city legislative body district.
28 (d) The boundary of a city legislative body district may cross a
29 precinct line if the districts would not otherwise contain, as nearly as
30 is possible, equal population.
31 (e) A city legislative body district with a boundary described by
32 subsection (c) or (d) may not cross a census block boundary line:
33 (1) except when following a precinct boundary line; or
34 (2) unless the city legislative body certifies in the ordinance that
35 the census block has no population, and is not likely to ever have
36 population.
37 (f) The legislative body may not adopt an ordinance dividing the city
38 into districts with boundaries described by subsection (c) or (d) unless
39 the clerk of the city mails a written notice to the circuit court clerk. The
40 notice must:
41 (1) state that the legislative body is considering the adoption of an
42 ordinance described by this subsection; and
SB 355—LS 7296/DI 144 27
1 (2) be mailed not later than ten (10) days before the legislative
2 body adopts the ordinance.
3 (g) Except as provided in subsection (o), the division under
4 subsection (b), (j), or (m) shall be made only at times permitted under
5 IC 3-5-10.
6 (h) This subsection does not apply to a city with an ordinance
7 described by subsection (j) or (m). The legislative body is composed of
8 five (5) members elected from the districts established under
9 subsection (b) and two (2) at-large members.
10 (i) This subsection does not apply to a city with an ordinance
11 described by subsection (j) or (m). Each voter of the city may vote for
12 two (2) candidates for at-large membership and one (1) candidate from
13 the district in which the voter resides. The two (2) at-large candidates
14 receiving the most votes from the whole city and the district candidates
15 receiving the most votes from their respective districts are elected to
16 the legislative body.
17 (j) A city may adopt an ordinance under this subsection to divide the
18 city into four (4) districts that:
19 (1) are composed of contiguous territory;
20 (2) are reasonably compact;
21 (3) do not cross precinct boundary lines, except as provided in
22 subsection (c) or (d); and
23 (4) contain, as nearly as is possible, equal population.
24 (k) This subsection applies to a city with an ordinance described by
25 subsection (j). The legislative body is composed of four (4) members
26 elected from the districts established under subsection (j) and three (3)
27 at-large members.
28 (l) This subsection applies to a city with an ordinance described by
29 subsection (j). Each voter of the city may vote for three (3) candidates
30 for at-large membership and one (1) candidate from the district in
31 which the voter resides. The three (3) at-large candidates receiving the
32 most votes from the whole city and the district candidates receiving the
33 most votes from their respective districts are elected to the legislative
34 body.
35 (m) This subsection applies only if the ordinance adopted under
36 IC 36-4-1.5-3 by the town legislative body of a town that has a
37 population of less than ten thousand (10,000) and that becomes a city
38 specifies that the city legislative body districts are governed by this
39 subsection. The ordinance adopted under IC 36-4-1.5-3(b)(1) dividing
40 the town into city legislative body districts may provide that:
41 (1) the city shall be divided into three (3) districts that:
42 (A) are composed of contiguous territory;
SB 355—LS 7296/DI 144 28
1 (B) are reasonably compact;
2 (C) do not cross precinct boundary lines, except as provided in
3 subsection (c) or (d); and
4 (D) contain, as nearly as is possible, equal population; and
5 (2) the legislative body of the city is composed of three (3)
6 members elected from the districts established under this
7 subsection and two (2) at-large members.
8 Each voter of the city may vote for two (2) candidates for at-large
9 membership and one (1) candidate from the district in which the voter
10 resides. The two (2) at-large candidates receiving the most votes from
11 the whole city and the district candidates receiving the most votes from
12 their respective districts are elected to the legislative body.
13 (n) A copy of the ordinance establishing districts or a recertification
14 adopted under this section must be filed with the circuit court clerk of
15 the county that contains the greatest population of the city no not later
16 than thirty (30) days after the ordinance or recertification is adopted.
17 The filing must include a map of the district boundaries:
18 (1) adopted under subsection (b), (j), or (m); or
19 (2) recertified under subsection (o).
20 (o) If the legislative body determines that a division under
21 subsection (g) is not required, the legislative body shall adopt an
22 ordinance recertifying that the districts as drawn comply with this
23 section.
24 (p) The limitations set forth in this section are part of the ordinance,
25 but do not have to be specifically set forth in the ordinance. The
26 ordinance must be construed, if possible, to comply with this chapter.
27 If a provision of the ordinance or an application of the ordinance
28 violates this chapter, the invalidity does not affect the other provisions
29 or applications of the ordinance that can be given effect without the
30 invalid provision or application. The provisions of the ordinance are
31 severable.
32 (q) IC 3-5-10 applies to a plan established under this section.
33 SECTION 50. IC 36-4-6-5, AS AMENDED BY P.L.169-2022,
34 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 UPON PASSAGE]: Sec. 5. (a) This section applies to third class cities
36 having a population of less than ten thousand (10,000). The legislative
37 body of such a city may, by ordinance adopted after June 30, 2010, and
38 during a year in which an election of the legislative body will not
39 occur, decide to be governed by this section instead of section 4 of this
40 chapter. The legislative body districts created by an ordinance adopted
41 under this subsection apply to the first election of the legislative body
42 held after the date the ordinance is adopted. The clerk of the legislative
SB 355—LS 7296/DI 144 29
1 body shall send a certified copy of any ordinance adopted under this
2 subsection to the secretary of the county election board.
3 (b) This subsection does not apply to a city with an ordinance
4 described by subsection (j). The legislative body shall adopt an
5 ordinance to divide the city into four (4) districts that:
6 (1) are composed of contiguous territory, except for territory that
7 is not contiguous to any other part of the city;
8 (2) are reasonably compact;
9 (3) do not cross precinct boundary lines except as provided in
10 subsection (c) or (d); and
11 (4) contain, as nearly as is possible, equal population.
12 (c) The boundary of a city legislative body district may cross a
13 precinct boundary line if:
14 (1) more than one (1) member of the legislative body elected from
15 the districts established under subsection (b) or (j) resides in one
16 (1) precinct established under IC 3-11-1.5 after the most recent
17 municipal election for members of the city legislative body; and
18 (2) following the establishment of a legislative body district
19 whose boundary crosses a precinct boundary line, not more than
20 one (1) member of the legislative body elected from the districts
21 resides within the same city legislative body district.
22 (d) The boundary of a city legislative body district may cross a
23 precinct line if the districts would not otherwise contain, as nearly as
24 is possible, equal population.
25 (e) A city legislative body district with a boundary described by
26 subsection (c) or (d) may not cross a census block boundary line:
27 (1) except when following a precinct boundary line; or
28 (2) unless the city legislative body certifies in the ordinance that
29 the census block has no population, and is not likely to ever have
30 population.
31 (f) The legislative body may not adopt an ordinance dividing the city
32 into districts with boundaries described by subsection (c) or (d) unless
33 the clerk of the city mails a written notice to the circuit court clerk. The
34 notice must:
35 (1) state that the legislative body is considering the adoption of an
36 ordinance described by this subsection; and
37 (2) be mailed not later than ten (10) days before the legislative
38 body adopts the ordinance.
39 (g) Except as provided in subsection (o), the division under
40 subsection (b) or (j) shall be made only at times permitted under
41 IC 3-5-10.
42 (h) This subsection does not apply to a city with an ordinance
SB 355—LS 7296/DI 144 30
1 described by subsection (j). The legislative body is composed of four
2 (4) members elected from the districts established under subsection (b)
3 and one (1) at-large member.
4 (i) This subsection does not apply to a city with an ordinance
5 described by subsection (j). Each voter may vote for one (1) candidate
6 for at-large membership and one (1) candidate from the district in
7 which the voter resides. The at-large candidate receiving the most votes
8 from the whole city and the district candidates receiving the most votes
9 from their respective districts are elected to the legislative body.
10 (j) A city may adopt an ordinance under this subsection to divide the
11 city into three (3) districts that:
12 (1) are composed of contiguous territory, except for territory that
13 is not contiguous to any other part of the city;
14 (2) are reasonably compact;
15 (3) do not cross precinct boundary lines, except as provided in
16 subsection (c) or (d); and
17 (4) contain, as nearly as is possible, equal population.
18 (k) This subsection applies to a city with an ordinance described by
19 subsection (j). The legislative body is composed of three (3) members
20 elected from the districts established under subsection (j) and two (2)
21 at-large members.
22 (l) This subsection applies to a city with an ordinance described by
23 subsection (j). Each voter of the city may vote for two (2) candidates
24 for at-large membership and one (1) candidate from the district in
25 which the voter resides. The two (2) at-large candidates receiving the
26 most votes from the whole city and the district candidates receiving the
27 most votes from their respective districts are elected to the legislative
28 body.
29 (m) This subsection applies to a city having a population of less than
30 seven thousand (7,000). A legislative body of such a city that has, by
31 resolution adopted before May 7, 1991, decided to continue an election
32 process that permits each voter of the city to vote for one (1) candidate
33 at large and one (1) candidate from each of its four (4) council districts
34 may hold elections using that voting arrangement. The at-large
35 candidate and the candidate from each district receiving the most votes
36 from the whole city are elected to the legislative body. The districts
37 established in cities adopting such a resolution may cross precinct
38 boundary lines.
39 (n) A copy of the ordinance establishing districts or a recertification
40 under this section must be filed with the circuit court clerk of the
41 county that contains the greatest population of the city not later than
42 thirty (30) days after the ordinance or recertification is adopted. The
SB 355—LS 7296/DI 144 31
1 filing must include a map of the district boundaries:
2 (1) adopted under subsection (b) or (j); or
3 (2) recertified under subsection (o).
4 (o) If the legislative body determines that a division under
5 subsection (b) or (j) 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 51. IC 36-5-1-10.1, AS AMENDED BY P.L.104-2022,
18 SECTION 164, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE UPON PASSAGE]: Sec. 10.1. (a) If a majority of the
20 voters voting on the public question under section 8 of this chapter vote
21 "yes", the county executive shall adopt an ordinance incorporating the
22 town.
23 (b) An ordinance adopted under subsection (a) must:
24 (1) either:
25 (A) provide that all members of the town legislative body are
26 to be elected at large (if the town would have a population of
27 less than three thousand five hundred (3,500); or
28 (B) divide the town into not less than at least three (3) nor and
29 not more than seven (7) districts; and
30 (2) direct the county election board to conduct an election in the
31 town on the date of the next general or municipal election to be
32 held in any precincts in the county.
33 An election conducted under this section must comply with IC 3
34 concerning town elections. If the date that an ordinance is adopted
35 under this section is not later than June 1 of a general or municipal
36 election year, the election must be conducted on the date of the next
37 general or municipal election held in any precincts in the county after
38 the election for which absentee balloting is being conducted. However,
39 a primary election may not be conducted before an election conducted
40 under this section, regardless of the population of the town.
41 (c) Districts established by an ordinance adopted under this section
42 must comply with IC 3-11-1.5.
SB 355—LS 7296/DI 144 32
1 (d) If any territory in the town is not included in one (1) of the
2 districts established under this section, the territory is included in the
3 district that:
4 (1) is contiguous to that territory; and
5 (2) contains the least population of all districts contiguous to that
6 territory.
7 (e) If any territory in the town is included in more than one (1) of the
8 districts established under this section, the territory is included in the
9 district that:
10 (1) is one (1) of the districts in which the territory is described in
11 the ordinance adopted under this section;
12 (2) is contiguous to that territory; and
13 (3) contains the least population of all districts contiguous to that
14 territory.
15 (f) An ordinance adopted under this section becomes effective when
16 filed with:
17 (1) the office of the secretary of state; and
18 (2) the circuit court clerk of each county in which the town is
19 located.
20 (g) Each county that contains a part of the proposed town must
21 adopt identical ordinances providing for the incorporation of the town.
22 SECTION 52. IC 36-5-1.1-10.6, AS AMENDED BY P.L.104-2022,
23 SECTION 169, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE UPON PASSAGE]: Sec. 10.6. (a) This section applies
25 to included towns.
26 (b) The dissolution of a town under this section may be instituted by
27 filing a petition with the county board of registration. The petition must
28 be signed by at least the number of the registered voters of the town
29 required to place a candidate on the ballot under IC 3-8-6-3. The
30 petition must be filed not later than June 1 of a year in which a general
31 or municipal election will be held.
32 (c) If a petition meets the criteria set forth in subsection (b), the
33 county board of registration shall certify the public question to the
34 county election board under IC 3-10-9-3. The county election board
35 shall place the question of dissolution on the ballot provided for voters
36 in the included town at the first general or municipal election following
37 certification. The question shall be placed on the ballot in the form
38 prescribed by IC 3-10-9-4 and must state "Shall the town of ________
39 dissolve?".
40 (d) If the public question is approved by a majority of the voters
41 voting on the question, the county election board shall file a copy of the
42 certification prepared under IC 3-12-4-9 concerning the public question
SB 355—LS 7296/DI 144 33
1 described by this section with the following:
2 (1) The circuit court clerk of the county.
3 (2) The office of the secretary of state.
4 (e) Dissolution occurs:
5 (1) at least sixty (60) days after certification under IC 3-12-4-9;
6 and
7 (2) when the certification is filed under subsection (d).
8 (f) When a town is dissolved under this section:
9 (1) the territory included within the town when the ordinance was
10 adopted becomes a part of the consolidated city;
11 (2) the books and records of the town become the property of the
12 county executive;
13 (3) the property owned by the town after payment of debts and
14 liabilities shall be disposed of by the county executive; and
15 (4) the county executive shall deposit any proceeds remaining
16 after payment of debts and liabilities into the county general fund.
17 (g) The dissolution of a town under this section does not affect the
18 validity of a contract to which the town is a party.
19 SECTION 53. IC 36-5-2-2 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The town
21 council elected under IC 3-10-5.5 or IC 3-10-6 or IC 3-10-7 is the
22 town legislative body. The president of the town council selected under
23 section 7 of this chapter is the town executive.
24 SECTION 54. IC 36-5-2-3, AS AMENDED BY P.L.109-2015,
25 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 UPON PASSAGE]: Sec. 3. (a) Except as provided in subsection (b),
27 (c), (d), (e), (f), or (g), the term of office of a member of the legislative
28 body is four (4) years, beginning at noon January 1 after the member's
29 election and continuing until the member's successor is elected and
30 qualified.
31 (b) The term of office of a member of the legislative body appointed
32 to fill a vacancy resulting from an increase in the number of town
33 legislative body members under section 4.2 of this chapter:
34 (1) begins when the ordinance increasing the number of
35 legislative body members takes effect, or when the member is
36 appointed under IC 3-13-9-4, if the appointment is made after the
37 ordinance takes effect; and
38 (2) continues until:
39 (A) noon January 1 following the next municipal election
40 scheduled under IC 3-10-6-5 or IC 3-10-7-6 for members of
41 the town legislative body; and until
42 (B) the member's successor is elected and qualified.
SB 355—LS 7296/DI 144 34
1 (c) The term of office of a member of the legislative body elected
2 under IC 36-5-1-10.1 following the incorporation of the town:
3 (1) begins at noon November 30 following the election; and
4 (2) continues until:
5 (A) noon January 1 following the next municipal election
6 scheduled under IC 3-10-5.5 or IC 3-10-6-5 or IC 3-10-7-6, as
7 applicable to the municipality; and until
8 (B) the member's successor is elected and qualified.
9 (d) The term of office of a member of the legislative body subject
10 to IC 3-10-6-2.5(d)(1) is three (3) years, beginning at noon January 1
11 after the member's election and continuing until the member's
12 successor is elected and qualified.
13 (e) The term of office of a member of a legislative body subject to
14 an ordinance described by IC 3-10-6-2.6 is one (1) year, beginning at
15 noon January 1 after the member's election and continuing until the
16 member's successor is elected and qualified.
17 (f) The term of office of a member of a legislative body subject to
18 an ordinance described by IC 3-10-7-2.7 is:
19 (1) three (3) years if the member is elected at the next municipal
20 election not conducted in a general election year; and
21 (2) four (4) years for the successors of a member of a legislative
22 body described in subdivision (1);
23 beginning noon January 1 after election and continuing until a
24 successor is elected and qualified.
25 (g) The term of office of a member of a legislative body subject to
26 an ordinance described by IC 3-10-7-2.9 is:
27 (1) the term of office provided by the ordinance, not to exceed
28 four (4) years, for a member of the legislative body elected in the
29 first election cycle after adoption of the ordinance; and
30 (2) four (4) years for the successors of the member of a legislative
31 body described in subdivision (1).
32 SECTION 55. IC 36-5-2-4.1, AS AMENDED BY P.L.169-2022,
33 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 UPON PASSAGE]: Sec. 4.1. (a) The legislative body may, by
35 ordinance, divide the town into districts for the purpose of conducting
36 elections of town officers.
37 (b) A town legislative body district must comply with the following
38 standards:
39 (1) The district must be composed of contiguous territory, except
40 for territory that is not contiguous to any other part of the town.
41 (2) The district must be reasonably compact.
42 (3) The district must contain, as nearly as is possible, equal
SB 355—LS 7296/DI 144 35
1 population.
2 (4) The district may not cross a census block boundary except
3 when following a precinct boundary line or unless the ordinance
4 specifies that the census block has no population and is not likely
5 to have population before the effective date of the next federal
6 decennial census.
7 (5) The district may not cross precinct lines, except as provided
8 in subsection (c).
9 (c) The boundary of a town legislative body district established
10 under subsection (a) may cross a precinct boundary line if:
11 (1) the legislative body provides by ordinance under section 5 of
12 this chapter that all legislative body members are to be elected at
13 large by the voters of the whole town; or
14 (2) the district would not otherwise contain, as nearly as is
15 possible, equal population.
16 (d) If any territory in the town is not included in one (1) of the
17 districts established under this section, the territory is included in the
18 district that:
19 (1) is contiguous to that territory; and
20 (2) contains the least population of all districts contiguous to that
21 territory.
22 (e) The ordinance may be appealed in the manner prescribed by
23 IC 34-13-6. If the town is located in two (2) or more counties, the
24 appeal may be filed in the circuit or superior court of any of those
25 counties.
26 (f) This subsection does not apply to a town with an ordinance
27 described by subsection (g). Except as provided in subsection (j), the
28 division permitted by subsection (a) shall be made only at times
29 permitted under IC 3-5-10.
30 (g) This subsection applies to a town having a population of less
31 than three thousand five hundred (3,500). The town legislative body
32 may adopt an ordinance providing that:
33 (1) town legislative body districts are abolished; and
34 (2) all members of the legislative body are elected at large.
35 (h) An ordinance described by subsection (g):
36 (1) may not be adopted or repealed during a year in which a
37 municipal an election for municipal office is scheduled to be
38 conducted in the town under IC 3-10-5.5 or IC 3-10-6; or
39 IC 3-10-7; and
40 (2) is effective upon passage.
41 (i) A copy of the ordinance establishing districts or a recertification
42 under this section must be filed with the circuit court clerk of the
SB 355—LS 7296/DI 144 36
1 county that contains the greatest population of the town not later than
2 thirty (30) days after the ordinance or recertification is adopted. The
3 filing must include a map of the district boundaries:
4 (1) adopted under subsection (a); or
5 (2) recertified under subsection (j).
6 (j) If the legislative body determines that a division under subsection
7 (a) is not required, the legislative body shall adopt an ordinance
8 recertifying that the districts as drawn comply with this section.
9 (k) The limitations set forth in this section are part of the ordinance,
10 but do not have to be specifically set forth in the ordinance. The
11 ordinance must be construed, if possible, to comply with this chapter.
12 If a provision of the ordinance or an application of the ordinance
13 violates this chapter, the invalidity does not affect the other provisions
14 or applications of the ordinance that can be given effect without the
15 invalid provision or application. The provisions of the ordinance are
16 severable.
17 (l) This subsection applies to a town having a population of less than
18 three thousand five hundred (3,500). If the town legislative body has
19 not:
20 (1) adopted an ordinance under subsection (a) and subject to
21 subsection (f) after December 31, 2011; or
22 (2) adopted an ordinance recertifying districts under subsection
23 (j) after December 31, 2011;
24 the town legislative body districts are abolished, effective January 1,
25 2018. A town described by this subsection may adopt an ordinance to
26 establish town legislative body districts in accordance with subsection
27 (a) and subject to subsection (f) after January 1, 2018.
28 (m) IC 3-5-10 applies to a plan established under this section.
29 SECTION 56. IC 36-5-2-4.2 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.2. (a) This
31 section applies to the alteration of the number of members of a
32 legislative body.
33 (b) The legislative body may adopt a resolution to submit a public
34 question on the number of legislative body members to the voters of the
35 town. The resolution must state the following:
36 (1) The proposed number of legislative body members, which
37 must be at least three (3) and not more than seven (7).
38 (2) The date of the general municipal, or special election at which
39 the public question will appear on the ballot.
40 (3) That the following question will be placed on the ballot in the
41 form provided by IC 3-10-9-4:
42 "Shall the number of town council members be increased (or
SB 355—LS 7296/DI 144 37
1 decreased, if applicable) from ___________ (insert the current
2 number of members provided for) to _________ (insert the
3 number of members proposed in the resolution)?".
4 (c) IC 3 applies to an election conducted under subsection (b). If the
5 county election board will conduct the election at which the public
6 question will be submitted, the question must be certified to the board
7 under IC 3-10-9-3.
8 (d) If a majority of the votes cast on the question under subsection
9 (b) are in the negative, the legislative body may not adopt a resolution
10 under subsection (b) for at least one (1) year following the date the
11 prior resolution was adopted.
12 (e) If a majority of votes cast on the question under subsection (b)
13 are in the affirmative, the legislative body shall adopt an ordinance at
14 its next regular meeting following the election altering the number of
15 legislative body members to the number specified in the public
16 question. The legislative body may also alter existing districts and
17 establish new districts in the manner prescribed by IC 36-5-1-10.1. An
18 ordinance adopted under this subsection becomes effective January 1
19 following its adoption.
20 (f) If the number of legislative body members is increased, the
21 legislative body shall fill any resulting vacancy under IC 3-13-9-4. The
22 legislative body may fill the vacancy before the ordinance described in
23 subsection (e) takes effect. However, a town legislative body member
24 appointed under this subsection does not assume office until the
25 beginning of the term specified in section 3 of this chapter.
26 SECTION 57. IC 36-5-2-4.5 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This
28 section applies to a town if both of the following apply:
29 (1) The town has a population of more than ten thousand
30 (10,000).
31 (2) The town legislative body adopts an ordinance adopting the
32 provisions of this section. A town may not adopt an ordinance
33 under this section during a year in which municipal elections for
34 municipal offices are held in the town under IC 3-10-5.5 or
35 IC 3-10-6-5.
36 (b) A town legislative body has the following members:
37 (1) Five (5) members, each elected by the voters of a district. The
38 districts are established by ordinance by the town legislative body
39 as provided in this chapter.
40 (2) Two (2) members elected at large by all the voters of the town.
41 (c) An ordinance adopted under this section must provide for the
42 following:
SB 355—LS 7296/DI 144 38
1 (1) Four (4) members of the legislative body are elected during:
2 a
3 (A) the odd-numbered year that municipal elections are held
4 under IC 3-10-6-5. before a presidential election year, if
5 IC 3-10-5.5 does not apply to the town; or
6 (B) an even-numbered year, if IC 3-10-5.5 applies to the
7 town.
8 (2) Three (3) members of the legislative body are elected:
9 (A) if IC 3-10-5.5 does not apply to the town, either:
10 (A) (i) during the year before the year described in
11 subdivision (1); (1)(A); or
12 (B) (ii) during the year after the year described in
13 subdivision (1). (1)(A); or
14 (B) if IC 3-10-5.5 applies to the town, during the
15 even-numbered year after the year in which members are
16 elected under subdivision (1)(B).
17 The year for elections under this subdivision must be chosen so
18 that during the elections held for the town legislative body under
19 subdivision (4) or (5), a member of the town legislative body does
20 not serve a term of more than four (4) years.
21 (3) The members of the legislative body elected at large may not
22 be elected at the same time.
23 (4) If IC 3-10-5.5 does not apply to the town, at the first two (2)
24 elections after the ordinance is adopted, members are elected to
25 serve the following terms:
26 (A) Two (2) members elected under subdivision (1) (1)(A) are
27 elected to a four (4) year term and two (2) members elected
28 under subdivision (1) (1)(A) are elected to a three (3) year
29 term.
30 (B) Two (2) members elected under subdivision (2) (2)(A) are
31 elected to a four (4) year term and one (1) member elected
32 under subdivision (2) (2)(A) is elected to a three (3) year term.
33 The ordinance must provide a random procedure to determine
34 which members serve four (4) year terms and which members
35 serve three (3) year terms.
36 (5) If IC 3-10-5.5 applies to the town, at the first two (2)
37 elections after the ordinance is adopted, members are elected
38 to serve the following terms:
39 (A) Two (2) members elected under subdivision (1)(B) are
40 elected to a four (4) year term and two (2) members elected
41 under subdivision (1)(B) are elected to a two (2) year term.
42 (B) Two (2) members elected under subdivision (2)(B) are
SB 355—LS 7296/DI 144 39
1 elected to a four (4) year term and one (1) member elected
2 under subdivision (2)(B) is elected to a two (2) year term.
3 The ordinance must provide a random procedure to
4 determine which members serve four (4) year terms and
5 which members serve two (2) year terms.
6 (5) (6) A member of the town council elected after the elections
7 described in subdivision subdivisions (4) and (5) serves a term
8 of four (4) years.
9 (6) (7) The term of office of a member begins at noon January 1
10 after the member's election.
11 (d) An ordinance adopted under this section may provide that before
12 the first election after adoption of the ordinance, members of the town
13 legislative body added to the legislative body by the ordinance may be
14 appointed to the legislative body by a vote of the current members of
15 the legislative body.
16 (e) After the first two (2) elections held as described in subsection
17 (c)(4) and (c)(5), the town legislative body may adopt an ordinance to
18 do the following:
19 (1) Divide the town into seven (7) districts.
20 (2) Provide that the members elected at large are each elected
21 from a district.
22 An ordinance adopted under this subsection must comply with this
23 chapter in establishing the districts and provide details to provide a
24 transition from electing two (2) members at large to electing all
25 members from districts.
26 (f) Subject to this section, members of the town legislative body are
27 elected as provided in IC 3-10-5.5 or IC 3-10-6-4.5, as applicable to
28 the town.
29 SECTION 58. IC 36-5-6-3, AS AMENDED BY P.L.56-2022,
30 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 UPON PASSAGE]: Sec. 3. (a) The clerk-treasurer must reside within
32 the town as provided in Article 6, Section 6 of the Constitution of the
33 State of Indiana. The clerk-treasurer forfeits office if the clerk-treasurer
34 ceases to be a resident of the town. An individual who resides in
35 territory that is annexed by the town before the election is considered
36 a resident of the town for purposes of this subsection, even if the
37 annexation took effect less than one (1) year before the election.
38 (b) Except as provided in subsection (c), (d), (e), or (f), (c) or (d),
39 the term of office of the clerk-treasurer is four (4) years, beginning at
40 noon January 1 after election and continuing until a successor is elected
41 and qualified.
42 (c) The term of office of a clerk-treasurer elected under
SB 355—LS 7296/DI 144 40
1 IC 36-5-1-10.1 following the incorporation of the town:
2 (1) begins at noon November 30 following the election; and
3 (2) continues until noon January 1 following the next:
4 (A) municipal election scheduled under IC 3-10-6-5, or
5 IC 3-10-7-6, if IC 3-10-5.5 does not apply to the town; or
6 (B) general election that will occur at least three (3) years
7 after the clerk-treasurer's election, if IC 3-10-5.5 applies to
8 the town;
9 and until the clerk-treasurer's successor is elected and qualified.
10 (d) The term of office of a clerk-treasurer subject to an ordinance
11 described by IC 3-10-6-2.6 is:
12 (1) one (1) year if the clerk-treasurer is elected at the next
13 municipal election not conducted in a general election year; and
14 (2) four (4) years for the successors of the clerk-treasurer
15 described in subdivision (1);
16 beginning at noon January 1 after the clerk-treasurer's election and
17 continuing until the clerk-treasurer's successor is elected and qualified.
18 (e) The term of office of a clerk-treasurer subject to an ordinance
19 described by IC 3-10-7-2.7 is:
20 (1) three (3) years if the clerk-treasurer is elected at the next
21 municipal election not conducted in a general election year; and
22 (2) four (4) years for the successors of the clerk-treasurer
23 described in subdivision (1);
24 beginning noon January 1 after the clerk-treasurer's election and
25 continuing until the clerk-treasurer's successor is elected and qualified.
26 (f) The term of office of a clerk-treasurer subject to an ordinance
27 described by IC 3-10-7-2.9 is:
28 (1) the term of office provided by the ordinance, not to exceed
29 four (4) years, for the clerk-treasurer elected in the first election
30 cycle after adoption of the ordinance; and
31 (2) four (4) years for the successors of the clerk-treasurer
32 described in subdivision (1).
33 SECTION 59. IC 36-5-6-4 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The
35 clerk-treasurer shall be elected under IC 3-10-5.5 or IC 3-10-6 or
36 IC 3-10-7 by the voters of the whole town.
37 SECTION 60. [EFFECTIVE UPON PASSAGE] (a) The legislative
38 services agency and the code revision committee shall prepare
39 legislation for introduction in the 2026 regular session of the
40 general assembly to make appropriate changes in statutes as
41 required by this act.
42 (b) This SECTION expires July 1, 2027.
SB 355—LS 7296/DI 144 41
1 SECTION 61. An emergency is declared for this act.
SB 355—LS 7296/DI 144 42
COMMITTEE REPORT
Mr. President: The Senate Committee on Elections, to which was
referred Senate Bill No. 355, has had the same under consideration and
begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
 (Reference is to SB 355 as introduced.)
           
GASKILL, Chairperson
Committee Vote: Yeas 7, Nays 2
_____
SENATE MOTION
Mr. President: I move that Senate Bill 355 be amended to read as
follows:
Page 1, line 7, delete "IC 3-10-5.5, IC 3-10-6, or IC 3-10-7." and
insert "IC 3-10-5.5 or IC 3-10-6.".
Page 1, line 12, delete "IC 3-10-5.5, IC 3-10-6, or IC 3-10-7." and
insert "IC 3-10-5.5 or IC 3-10-6.".
Page 2, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 4. IC 3-5-3-8, AS AMENDED BY P.L.74-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Except as provided in subsection (b),
During the period that begins ninety (90) days before a municipal
primary election and continues until the day after the following
municipal election, all expenses of the primary election and election
that cannot be chargeable directly to any municipality shall be
apportioned as follows:
(1) Twenty-five percent (25%) to the county.
(2) Seventy-five percent (75%) to the municipalities in the county
holding the municipal primary election and municipal election.
(b) The apportionment made under subsection (a) does not apply to
a town that has entered into an agreement with the county under
IC 3-10-7-4 to pay the county a fixed amount for the expenses
described in subsection (a).
(c) (b) This subsection applies to a county that is designated as a
vote center county under IC 3-11-18.1. During the period that begins
ninety (90) days before a municipal primary election and continues
until the day after the following municipal election, all expenses
incurred by the county in conducting the municipal primary election
SB 355—LS 7296/DI 144 43
and municipal election shall be apportioned among the municipalities
in the county holding a municipal primary and municipal election.
SECTION 5. IC 3-5-3-9, AS AMENDED BY P.L.74-2017,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Except as provided in subsections (c)
and (d), subsection (c), whenever more than one (1) municipality in a
county conducts a municipal primary election, the seventy-five percent
(75%) of expenses that cannot be chargeable directly to any particular
municipality under section 8 of this chapter shall be apportioned to
each municipality in the same ratio that the number of voters who cast
a ballot in the municipality at the municipal primary election bears to
the total number of voters who cast a ballot in all of the municipalities
in the county at that municipal primary election.
(b) Except as provided in subsections (c) and (d), subsection (c),
whenever more than one (1) municipality in a county conducts a
municipal election, the seventy-five percent (75%) of expenses that are
not chargeable directly to any particular municipality under section 8
of this chapter must be apportioned to each municipality in the same
ratio that the number of voters who cast a ballot in the municipality at
the municipal election bears to the total number of voters who cast a
ballot in all of the municipalities in the county that conducted a
municipal election.
(c) The apportionment made under subsection (a) does not apply to
a town that has entered into an agreement with the county under
IC 3-10-7-4 to pay the county a fixed amount for the expenses
described in subsection (a).
(d) (c) This subsection
(1) applies to a county designated as a vote center county under
IC 3-11-18.1. and
(2) does not apply to a town that has entered into an agreement
with the county under IC 3-10-7-4 to pay the county a fixed
amount for its municipal primary election and municipal election
expenses.
All expenses incurred by the county in conducting the municipal
primary election and municipal election shall be apportioned to each
municipality in the same ratio that the number of voters who cast a
ballot in the municipality at the municipal primary election or the
municipal election bears to the total number of voters who cast a ballot
in all of the municipalities in the county at that municipal primary
election or municipal election.
SECTION 4. IC 3-6-5-14, AS AMENDED BY P.L.258-2013,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SB 355—LS 7296/DI 144 44
UPON PASSAGE]: Sec. 14. (a) Each county election board, in addition
to duties otherwise prescribed by law, shall do the following:
(1) Conduct all elections and administer the election laws within
the county, except as provided in IC 3-8-5 and IC 3-10-7 for town
conventions and municipal elections in certain small towns.
(2) Prepare all ballots.
(3) Distribute all ballots to all of the precincts in the county.
(b) Not later than the Monday before distributing ballots and voting
systems to the precincts in the county, the county election board shall
notify the county chairman of each major political party and, upon
request, the chairman of any other bona fide political party in the
county, that sample ballots are available for inspection.
SECTION 5. IC 3-6-5-15, AS AMENDED BY P.L.74-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) Except as provided in subsection (b),
this section applies when an election is conducted in a political
subdivision (as defined in IC 36-1-2-13 and other than a county) that
contains territory in more than one (1) county.
(b) This section does not apply to an election
(1) conducted at the same time as a primary or general election
during an even-numbered year. or
(2) conducted in a town by a town election board under IC 3-10-7.
(c) To the extent authorized by this section, the county election
board of the county that contains the greatest percentage of population
of the political subdivision shall conduct all elections for the political
subdivision. The county election board may designate polling places
for the election, which may be located in any county in which the
political subdivision is located, and shall appoint precinct election
officers to conduct the election upon nomination by the county
chairman of the county where the precinct is located, or by filling a
vacancy if a nomination is not timely made. However, each county
election board shall provide poll lists for voters, receive and approve
absentee ballot applications, issue certificates of error or other
documents for the voters of that county, print ballots for the municipal
or special election, and conduct activity required to canvass the votes
under IC 3-12-5-2(b).
SECTION 6. IC 3-6-6-27 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 27. The county executive shall fix the compensation
paid under sections 25 and 26 of this chapter for all elections except
municipal elections held by towns under IC 3-10-7. The fiscal body of
a town holding a municipal election under IC 3-10-7 shall fix the
compensation paid under sections 25 and 26 of this chapter.
SB 355—LS 7296/DI 144 45
SECTION 7. IC 3-8-5-14.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14.3. If a
convention or a primary election is not required under section 10 of this
chapter: notwithstanding IC 3-10-7:
(1) a municipal primary election or town convention may not be
held; and
(2) each candidate who filed a declaration of candidacy shall be
placed on the municipal election ballot. unless IC 3-10-7-6(b)
applies.
SECTION 8. IC 3-8-5-14.5, AS AMENDED BY P.L.278-2019,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14.5. (a) A town election board or circuit
court clerk conducting a municipal election under IC 3-10-7
IC 3-10-5.5 or IC 3-10-6 may not include the name of a candidate
nominated by a town convention on the municipal election ballot if the
person files a notice to withdraw with the clerk. The circuit court clerk
shall notify the town election board of any candidate withdrawal filed
under this subsection not later than the deadline for the clerk to file a
copy of the certification of nomination under section 13(e) of this
chapter.
(b) The notice to withdraw must:
(1) be signed and acknowledged before an officer authorized to
take acknowledgments of deeds;
(2) have the certificate of acknowledgment appended to the
notice; and
(3) be filed with the clerk no later than noon three (3) days
following the adjournment of the convention.
SECTION 9. IC 3-8-6-11, AS AMENDED BY P.L.194-2013,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) Whenever a town is wholly or partly
located in a county having a consolidated city, a petition of nomination
must be filed with the circuit court clerk of the county having the
consolidated city.
(b) Whenever a town not described in subsection (a) has entered
into an agreement with a county under IC 3-10-7-4, the petition must
be filed with the county voter registration office of that county.
(c) (b) When a petition is filed under subsection (a) or (b) for
nomination to an office whose election district is in more than one (1)
county, the circuit court clerk or board of registration shall examine the
voter registration records of each county in the election district to
determine if each petitioner is eligible to vote for the candidates being
nominated by the petition.".
SB 355—LS 7296/DI 144 46
Page 2, delete lines 10 through 36, begin a new paragraph and
insert:
"Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to an election for a municipal office after June 30, 2025, for
a:
(1) town that has a population of not more than ten thousand
(10,000);
(2) town that has a population of more than ten thousand
(10,000) that has not adopted a resolution under section 2 of
this chapter; and
(3) city that has adopted a resolution under section 2 of this
chapter.
(b) This chapter does not apply to the town of Vernon
(incorporated under Local Acts 1851, c.1, as amended).
Sec. 2. (a) The legislative body (as defined in IC 36-1-2-9) of a
town that has a population of more than ten thousand (10,000) may
adopt a resolution, by majority vote, not later than December 1,
2025, providing that the municipality elects to hold municipal
elections on odd-numbered years under IC 3-10-6.
(b) The legislative body (as defined in IC 36-1-2-9) of a city may
adopt a resolution, by majority vote, not later than December 1,
2025, providing that the municipality elects to hold municipal
elections during the general election in each presidential year.
(c) Except as provided in section 6(a), 6(b), and 6(c) of this
chapter, if a legislative body:
(1) of a town that has a population of more than ten thousand
(10,000) does not adopt a resolution under subsection (a); or
(2) of a city does adopt a resolution under subsection (b);
this chapter applies to the municipality.
(d) A copy of a resolution adopted under subsection (a) or (b)
shall be filed with the secretary of state.".
Page 3, delete lines 30 through 42, begin a new paragraph and
insert:
"Sec. 6. (a) This subsection applies to an individual elected to a
municipal office at the 2022 general election in a:
(1) town that has a population of more than ten thousand
(10,000) that has adopted a resolution under section 2(a) of
this chapter; or
(2) city that has not adopted a resolution under section 2(b) of
this chapter.
An individual described in this subsection is entitled to hold over
after the expiration of the individual's term until a successor has
SB 355—LS 7296/DI 144 47
been elected. The successor of an individual described in this
subsection shall be elected under IC 3-10-6 at the 2027 municipal
election.
(b) This subsection applies to an individual elected to a
municipal office at the 2023 municipal election in a:
(1) town that has a population of more than ten thousand
(10,000) that has adopted a resolution under section 2(a) of
this chapter; or
(2) city that has not adopted a resolution under section 2(b) of
this chapter.
The successor of an individual described in this subsection shall be
elected under IC 3-10-6 at the 2027 municipal election.
(c) Except as otherwise provided by law, the successors of an
individual elected under subsection (a) or (b) shall:
(1) be elected at the municipal election held in each
odd-numbered year before a presidential election year under
IC 3-10-6;
(2) take office the following January 1; and
(3) serve a term of four (4) years.".
Page 4, delete lines 1 through 22.
Page 5, delete lines 28 through 38, begin a new paragraph and
insert:
"SECTION 10. IC 3-10-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter
applies to municipal and school district elections in the following
municipalities:
(1) all cities and towns having a population of more than ten
thousand (10,000) to which IC 3-10-5.5 does not apply.
(2) Towns having a population of three thousand five hundred
(3,500) or more.
(3) Towns located entirely or partially within a county having a
consolidated city, regardless of their population.
(b) Prison inmates may not be counted in determining population
size for purposes of this chapter.".
Page 5, delete line 42, begin a new paragraph and insert:
"SECTION 18. IC 3-10-7 IS REPEALED [EFFECTIVE UPON
PASSAGE]. (Municipal Elections in Small Towns Located Outside
Marion County).".
Page 6, delete lines 1 through 10.
Page 8, line 18, strike "(or a town election board".
Page 8, line 19, strike "acting under IC 3-10-7)".
Page 9, between lines 25 and 26, begin a new paragraph and insert:
SB 355—LS 7296/DI 144 48
"SECTION 1. IC 3-11-18.1-5, AS AMENDED BY P.L.141-2023,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Except as provided in subsections (b)
and (c), a plan must provide a vote center for use by voters residing
within the county for use in a primary election, general election, special
election, municipal primary, or municipal election conducted on or
after the effective date of the county election board's order.
(b) A plan may provide that a vote center will not be used in a
municipal election conducted in 2023, 2027, 2031, 2035, 2039, 2043,
and every four (4) years thereafter for some or all of the towns:
(1) located within the county; and
(2) having a population of less than three thousand five hundred
(3,500).
(c) This section does not apply in a town that has established a town
election board under IC 3-10-7-5.7 while the resolution established
under IC 3-10-7-5.7 is in effect.
SECTION 2. IC 3-12-5-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Whenever a candidate is
elected:
(1) to a local or school board office other than
(A) one for which a town clerk-treasurer issues a certificate of
election under IC 3-10-7-34; or
(B) one commissioned by the governor under IC 4-3-1-5; or
(2) a precinct committeeman or state convention delegate;
the circuit court clerk shall, when permitted under section 16 of this
chapter, prepare and deliver to the candidate on demand a certificate
of the candidate's election.
(b) This subsection applies to a local or school board office
described in subsection (a) with an election district located in more
than one (1) county and a local public question placed on the ballot in
more than one (1) county. The circuit court clerk of the county that
contains the greatest percentage of the population of the election
district shall, upon demand of the candidate or a person entitled to
request a recount of the votes cast on a public question under
IC 3-12-12:
(1) obtain the certified statement of the votes cast for that office
or on that question that was prepared under IC 3-12-4-9 from the
circuit court clerk in each other county in which the election
district is located;
(2) tabulate the total votes cast for that office or on that question
as shown on the certified statement of each county in the election
district; and
SB 355—LS 7296/DI 144 49
(3) issue a certificate of election to the candidate when permitted
under section 16 of this chapter or a certificate declaring the local
public question approved or rejected.
SECTION 3. IC 3-12-6-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31. (a) The circuit
court clerk shall transmit the certificate prepared under section 30 of
this chapter to the election division, the county election board or other
public official authorized by this title to issue:
(1) a certificate of nomination under IC 3-8-7;
(2) a certificate of election under IC 3-10-7-34 or IC 3-12-5-2; or
(3) a commission for the office under IC 4-3-1-5.
(b) The election division shall provide a copy of a certificate
transmitted to the election division under this section to the office.
SECTION 4. IC 3-12-11-25, AS AMENDED BY P.L.233-2015,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25. (a) Except as provided in subsection (b),
whenever the commission makes a final determination under section
18 of this chapter that the candidate who is subject to a contest
proceeding is not eligible to serve in the office to which the candidate
is nominated or elected, the candidate who received the second highest
number of votes for the office is entitled to a certificate of nomination
or certificate of election even though a certificate may have been issued
to another candidate upon the tabulation of the votes.
(b) This subsection applies to a contest proceeding for a state office
other than the offices of governor, lieutenant governor, justice of the
supreme court, judge of the court of appeals, and judge of the tax court.
Whenever the commission makes a final determination under section
18(b) of this chapter that the candidate who is subject to a contest
proceeding is not eligible to serve in the office to which the candidate
is elected the following apply:
(1) This subdivision does not apply to the filling of a state office
following a contest proceeding or court action that resulted from
an election held before January 1, 2011. The office is considered
vacant, and the governor shall fill the vacancy as provided in
IC 3-13-4-3(e) by the appointment of a person of the same
political party as the candidate who is not eligible to serve.
(2) The commission's determination that the candidate is not
eligible to serve in the office does not affect the votes cast for the
candidate for purposes of determining the number or percentage
of votes cast for purposes of other statutes, including IC 3-5-2-30,
IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7, IC 3-6-6-8, IC 3-6-7-1,
IC 3-6-8-1, IC 3-8-4, IC 3-8-6, IC 3-10-1-2, IC 3-10-2-15,
SB 355—LS 7296/DI 144 50
IC 3-10-4-2, IC 3-10-6, IC 3-10-7-26, IC 3-11-2-6, IC 3-11-13-11,
IC 3-11-14-3.5, IC 3-13-9-4.5, IC 6-9-2-3, and IC 36-4-1.5-2.".
Page 10, between lines 12 and 13, begin a new paragraph and insert:
"SECTION 9. IC 5-4-1-2, AS AMENDED BY P.L.55-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The oath required by section 1 of this
chapter, except in the case of a notary public or in those cases specified
in section 3 of this chapter, shall be endorsed on or attached to the:
(1) commission;
(2) certificate if a certificate was issued under IC 3-10-7-34,
IC 3-12-4 or IC 3-12-5; or
(3) certificate of appointment pro tempore under IC 3-13-11-11;
signed by the person taking the oath, and certified to by the officer
before whom the oath was taken, who shall also deliver to the person
taking the oath a copy of the oath.
(b) A copy of the oath of office of a prosecuting attorney shall be
attached to the commission of the prosecuting attorney.".
Page 10, line 24, after "IC 3-10-6" insert ",".
Page 10, line 24, strike "or IC 3-10-7,".
Page 10, delete lines 39 through 42, begin a new paragraph and
insert:
"SECTION 19. IC 33-35-1-3, AS AMENDED BY P.L.109-2015,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The judge of a city or town court shall
be elected under IC 3-10-5.5 or IC 3-10-6 or IC 3-10-7 by the voters
of the city or town.
(b) Except as provided in subsections subsection (c), (d), and (e),
the term of office of a judge elected under this section is four (4) years,
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(c) This subsection applies to a town that adopts an ordinance under
IC 3-10-6-2.6. The term of office of:
(1) a judge elected at the next municipal election not conducted
in a general election year is one (1) year; and
(2) the successors to the judge described in subdivision (1) is four
(4) years;
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(d) This subsection applies to a town that adopts an ordinance under
IC 3-10-7-2.7. The term of office of:
(1) a judge elected at the next municipal election not conducted
in a general election year is three (3) years; and
SB 355—LS 7296/DI 144 51
(2) the successors to the judge described in subdivision (1) is four
(4) years;
beginning noon January 1 after election and continuing until a
successor is elected and qualified.
(e) This subsection applies to a town that adopts an ordinance under
IC 3-10-7-2.9. The term of office of:
(1) a judge elected in the first election cycle after adoption of the
ordinance is the term of office provided by the ordinance, not to
exceed four (4) years; and
(2) the successors of the judge described in subdivision (1) is four
(4) years.
(f) (d) Before beginning the duties of office, the judge shall, in the
manner prescribed by IC 5-4-1, execute a bond conditioned upon the
faithful discharge of the duties of office.".
Page 11, delete lines 1 through 32.
Page 12, line 6, delete "IC 3-10-5.5, IC 3-10-6," and insert "IC
3-10-5.5 or IC 3-10-6".
Page 12, line 6, strike "or IC 3-10-7".
Page 12, delete lines 18 through 38, begin a new paragraph and
insert:
"SECTION 6. IC 36-1.5-4-35, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 35. (a) This section applies to an initial
election:
(1) of the members of a governing body or officers that are
elected by the voters for a reorganized political subdivision that:
(A) is a town; and
(B) has town boundaries that encompass part of another town
that was part of the reorganization;
(2) that is conducted before the reorganization takes effect; and
(3) to which IC 3-10-7-1 IC 3-10-5.5 applies.
(b) The members of each precinct board shall be jointly appointed
by the town election boards of each of the reorganizing political
subdivisions.".
Page 15, line 25, delete "IC 3-10-5.5, IC 3-10-6, or" and insert "IC
3-10-5.5 or IC 3-10-6,".
Page 15, line 26, delete "IC 3-10-7,".
Page 28, line 5, delete "IC 3-10-5.5," and insert "IC 3-10-5.5 or".
Page 28, line 5, after "IC 3-10-6" delete ",".
Page 28, line 5, strike "or IC 3-10-7".
Page 28, line 32, delete "IC 3-10-5.5," and insert "IC 3-10-5.5 or".
Page 28, line 32, after "IC 3-10-6-5" delete ",".
SB 355—LS 7296/DI 144 52
Page 28, line 32, strike "or IC 3-10-7-6,".
Page 29, strike lines 1 through 15.
Page 30, line 22, delete "IC 3-10-5.5," and insert "IC 3-10-5.5 or".
Page 30, line 22, after "IC 3-10-6" delete "," and insert ";".
Page 30, line 22, strike "or IC 3-10-7;".
Page 34, line 22, strike "(c), (d), (e), or (f)," and insert "(c) or (d),".
Page 34, line 30, after "IC 3-10-6-5" insert ",".
Page 34, line 30, strike "or".
Page 34, line 31, strike "IC 3-10-7-6,".
Page 35, strike lines 2 through 16.
Page 35, line 19, delete "IC 3-10-5.5, IC 3-10-6, or" and insert "IC
3-10-5.5 or IC 3-10-6 or".
Page 35, line 20, strike "IC 3-10-7".
Renumber all SECTIONS consecutively.
(Reference is to SB 355 as printed January 29, 2025.)
GASKILL
SB 355—LS 7296/DI 144