CHAPTER 2. GENERAL ELECTIONS
IC 3-10-2
Chapter 2. General Elections
IC 3-10-2-1
Date of general election; offices to be filled
Sec. 1. A general election shall be held on the first Tuesday after
the first Monday in November in each even-numbered year. All
offices whose terms will expire before the next general election shall
be filled at the election, unless otherwise provided by law.
As added by P.L.5-1986, SEC.6.
IC 3-10-2-2
Notice of election; publication of office to be filled or questions
submitted; filing
Sec. 2. (a) Each county election board shall give notice of a
general election and publish a statement in accordance with IC 5-3-1
showing what offices are to be filled and setting forth the text of the
judicial retention and other public questions to be submitted to the
voters and by filing a copy of this information:
(1) with the election division; and
(2) in the minutes of the county election board.
(b) The county election board shall file the copies required under
subsection (a) not later than noon, ten (10) days before election day.
However, an election is not invalidated by the failure of the board to
perform this duty.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.82;
P.L.3-1993, SEC.95; P.L.3-1997, SEC.219.
IC 3-10-2-3
Presidential and Vice Presidential Electors; time for electing
Sec. 3. Electors for President and Vice-President of the United
States shall be elected in 2008 and every four (4) years thereafter at
a general election held in accordance with 3 U.S.C. 1.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.39;
P.L.3-1997, SEC.220; P.L.230-2005, SEC.36.
IC 3-10-2-4
United States Senators; time for electing
Sec. 4. United States Senators shall be elected at a general
election held in accordance with 2 U.S.C. 1 and as follows:
(1) One (1) in 2006 and every six (6) years thereafter.
(2) One (1) in 2010 and every six (6) years thereafter.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.40;
P.L.122-2000, SEC.7; P.L.230-2005, SEC.37.
IC 3-10-2-5
United States Representatives; time for electing
Sec. 5. United States Representatives shall be elected at each
general election in accordance with 2 U.S.C. 7.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.41.
IC 3-10-2-6
Year for election of governor, lieutenant governor, attorney
general, and superintendent of public instruction
Sec. 6. The following public officials shall be elected in 2008 and
every four (4) years thereafter:
(1) Governor.
(2) Lieutenant governor.
(3) Attorney general.
(4) Superintendent of public instruction.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.42;
P.L.3-1997, SEC.221; P.L.230-2005, SEC.38.
IC 3-10-2-7
Year for election of secretary of state, auditor of state, and
treasurer of state
Sec. 7. The following public officials shall be elected in 2006 and
every four (4) years thereafter:
(1) Secretary of state.
(2) Auditor of state.
(3) Treasurer of state.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.43;
P.L.122-2000, SEC.8; P.L.14-2004, SEC.79; P.L.230-2005, SEC.39.
IC 3-10-2-8
Supreme court justices and appellate court judges; time for
electing
Sec. 8. Justices of the supreme court and judges of the court of
appeals shall stand for approval or rejection by their respective
electorates:
(1) at the first general election that occurs at least two (2) years
after their appointments; and
(2) at the general election every ten (10) years thereafter;
in accordance with Article 7, Section 11 of the Constitution of the
State of Indiana.
As added by P.L.5-1986, SEC.6.
IC 3-10-2-9
State senators; time for electing
Sec. 9. One-half (1/2) of the senators in the general assembly, as
nearly as possible, shall be elected at each general election and every
four (4) years thereafter in accordance with Article 4, Section 3 of
the Constitution of the State of Indiana.
As added by P.L.5-1986, SEC.6.
IC 3-10-2-10
State representatives; time for electing
Sec. 10. Representatives in the general assembly shall be elected
in each district at each general election in accordance with Article 4,
Section 3 of the Constitution of the State of Indiana.
As added by P.L.5-1986, SEC.6.
IC 3-10-2-11
Judges; time for electing
Sec. 11. (a) A judge of the circuit court shall be elected at:
(1) the first general election following an appointment by the
governor to fill a vacancy in the office of judge of the circuit
court; or
(2) the general election before the term of the judge expires
under Article 7, Section 7 of the Constitution of the State of
Indiana;
whichever occurs first, and every six (6) years thereafter.
(b) Except as otherwise provided by law, judges of the superior,
probate, and county courts shall be elected at the general election
before their terms of office expire and every six (6) years thereafter.
As added by P.L.5-1986, SEC.6. Amended by P.L.334-1989(ss),
SEC.1; P.L.5-1989, SEC.40.
IC 3-10-2-12
Year for election of prosecuting attorneys
Sec. 12. A prosecuting attorney shall be elected in each judicial
circuit in 2006 and every four (4) years thereafter in accordance with
Article 7, Section 16 of the Constitution of the State of Indiana.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.44;
P.L.122-2000, SEC.9; P.L.230-2005, SEC.40.
IC 3-10-2-13
Local officials; time for electing
Sec. 13. The following public officials shall be elected at the
general election before their terms of office expire and every four (4)
years thereafter:
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner.
(10) County council member.
(11) Township trustee.
(12) Township board member.
(13) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(14) Judge of a small claims court.
(15) Constable of a small claims court.
As added by P.L.5-1986, SEC.6. Amended by P.L.8-1987, SEC.2;
P.L.146-2008, SEC.5.
IC 3-10-2-14
Repealed
(Repealed by P.L.146-2008, SEC.818.)
IC 3-10-2-15
Nomination by convention; deadline for holding; certification of
nominees; consent of nominees
Sec. 15. (a) This section applies to a political party whose
nominee received at least two percent (2%) but less than ten percent
(10%) of the votes cast for secretary of state at the last election for
that office.
(b) This section applies only to a local office that is:
(1) not listed in IC 3-8-2-5; and
(2) not a municipal office subject to IC 3-8-5-17 or
IC 3-10-6-12.
(c) A political party subject to this section shall nominate the
party's candidate for a local office at a county convention of the party
conducted not later than noon on the date specified by
IC 3-13-1-7(a)(1) for a major political party to act to fill a candidate
vacancy.
(d) The chairman and secretary of the convention shall execute a
certificate of nomination in writing, setting out the following:
(1) The name of each nominee as:
(A) the nominee wants the nominee's name to appear on the
ballot; and
(B) the nominee's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The residence address of each nominee.
(3) The office for which each nominee was nominated.
(4) That each nominee is legally qualified to hold office.
(5) The political party device or emblem by which the ticket
will be designated on the ballot.
Both the chairman and secretary shall acknowledge the certificate
before an officer authorized to take acknowledgment of deeds.
(e) Each candidate nominated under this section shall execute a
consent to the nomination in the same form as a candidate nominated
by petition under IC 3-8-6.
(f) The certificate required by subsection (d) and the consent
required by subsection (e) must be filed with the circuit court clerk
of the county containing the greatest percentage of population of the
election district for which the candidate has been nominated by the
convention not later than noon on the date specified by
IC 3-13-1-15(c) for a major political party to file a certificate of
candidate selection.
(g) A candidate's consent to the nomination must include a
statement that the candidate requests the name on the candidate's
voter registration record be the same as the name the candidate uses
on the consent to the nomination. If there is a difference between the
name on the candidate's consent to the nomination and the name on
the candidate's voter registration record, the officer with whom the
consent to the nomination is filed shall forward the information to
the voter registration officer of the appropriate county. The voter
registration officer of the appropriate county shall change the name
on the candidate's voter registration record to be the same as the
name on the candidate's consent to the nomination.
(h) A question concerning the validity of a candidate's nomination
under this section shall be determined by a county election board in
accordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c).
(i) A nominee who wants to withdraw must file a notice of
withdrawal in accordance with IC 3-8-7-28.
As added by P.L.4-1996, SEC.45. Amended by P.L.202-1999,
SEC.14; P.L.66-2003, SEC.31; P.L.9-2004, SEC.14.