CHAPTER 7. MUNICIPAL ELECTIONS IN SMALL TOWNS LOCATED OUTSIDE MARION COUNTY
IC 3-10-7
Chapter 7. Municipal Elections in Small Towns Located Outside
Marion County
IC 3-10-7-1
Application of chapter
Sec. 1. (a) This chapter applies to municipal elections in towns
having a population of less than three thousand five hundred (3,500)
that are not located entirely or partially within a county having a
consolidated city.
(b) Prison inmates may not be counted in determining population
size for purposes of this chapter.
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.13;
P.L.11-1988, SEC.8; P.L.15-1995, SEC.3.
IC 3-10-7-1.5
"Appointed member" defined
Sec. 1.5. As used in this chapter, "appointed member" refers to the
member of a town election board who is also the town chairman of
a major political party appointed under IC 3-8-5-3.
As added by P.L.4-1996, SEC.49.
IC 3-10-7-2
Municipal elections in general election year; conduct by county
election board; other municipal elections conducted by town
election board
Sec. 2. (a) The county election board shall conduct elections in
towns for town offices or on public questions submitted to the voters
of the town if the town office or public question will be placed on the
ballot during a general election year.
(b) This subsection applies in a year in which a general election
is not scheduled to be conducted. Except as provided in sections 4,
5, and 5.5 of this chapter, the town election board established under
this chapter shall conduct municipal or special elections in towns
subject to this chapter.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.102;
P.L.164-2006, SEC.75.
IC 3-10-7-2.5
Town ordinance providing length of term for members of
legislative body
Sec. 2.5. (a) This section does not apply to a town located wholly
or partially within a county having a consolidated city unless the
town has a population of more than one thousand (1,000) but less
than one thousand five hundred (1,500).
(b) A town may adopt an ordinance under IC 3-10-6-2.5, if the
town has not adopted an ordinance under IC 18-3-1-16(b) (before its
repeal on September 1, 1981) or P.L.13-1982, SECTION 3 (before
its expiration on January 1, 1988).
As added by P.L.11-1988, SEC.9. Amended by P.L.3-1990, SEC.11;
P.L.4-1996, SEC.50; P.L.3-1997, SEC.233; P.L.170-2002, SEC.7.
IC 3-10-7-2.7
Town ordinance for municipal officers and municipal elections
Sec. 2.7. (a) This section does not apply to a town located wholly
or partially within a county having a consolidated city.
(b) A town may adopt an ordinance during the year preceding a
municipal election conducted under section 2 of this chapter
prescribing the length of the term of office for municipal officers and
changing the time municipal elections are held.
(c) The ordinance described in subsection (b) must provide all of
the following:
(1) The town legislative body members, clerk-treasurer, or
judge elected at the next municipal election not conducted in a
general election year serve a term of three (3) years.
(2) The successors of the town legislative body members,
clerk-treasurer, or judge described in subdivision (1) shall be
chosen at the second general election following the municipal
election and serve a term of four (4) years.
(3) The municipal elections for town offices shall be held
during a general election.
(d) A town may repeal an ordinance adopted under subsection (b)
subject to both of the following:
(1) The ordinance may not be repealed earlier than twelve (12)
years after the ordinance was adopted.
(2) The ordinance may be repealed only in a year preceding a
municipal election held at the time described in IC 3-10-6-5.
As added by P.L.4-1996, SEC.51.
IC 3-10-7-2.9
Changing the year municipal election is held; ordinance; exception
Sec. 2.9. (a) This section does not apply to a town located wholly
or partially within a county having a consolidated city.
(b) During the year preceding a municipal election conducted
under section 2 of this chapter, a town may adopt an ordinance
changing the time municipal elections are held for the offices of the
town legislative body members, clerk-treasurer, and judge.
(c) The ordinance described in subsection (b) must provide all the
following:
(1) The years in which town elections shall be held. A town
election may not be held in a year following a year in which an
election for electors for President of the United States is held.
(2) That the elections for town offices shall be held during
general elections or municipal elections, or both.
(3) Which town officers are to be elected in each of the years of
the town election cycle. The ordinance must provide that at
least two (2) town officers shall be elected in each year of the
town election cycle. The ordinance may provide for all town
officers to be elected at the same election.
(4) The term of office of each town officer elected in the first
election cycle after adoption of the ordinance. A term of office
set under this subdivision may not exceed four (4) years.
(5) That the term of office of each town officer elected after the
first election cycle after adoption of the ordinance is four (4)
years.
(6) That the term of office of each town officer begins on
January 1 after the election.
(d) A town may repeal an ordinance adopted under subsection (b)
subject to both of the following:
(1) The ordinance may not be repealed earlier than twelve (12)
years after the ordinance was adopted.
(2) The ordinance may be repealed only in a year preceding a
municipal election held at the time described in IC 3-10-6-5.
As added by P.L.9-2004, SEC.16.
IC 3-10-7-3
Municipal elections coinciding with general elections; conduct by
county election board
Sec. 3. If a town has established staggered terms for its town
council, or has adopted an ordinance under section 2.7 or 2.9 of this
chapter, the county election board shall conduct a municipal election
in that town that coincides with a general election.
As added by P.L.5-1986, SEC.6. Amended by P.L.8-1989, SEC.7;
P.L.4-1996, SEC.52; P.L.9-2004, SEC.17.
IC 3-10-7-4
Agreements between county election board and town
Sec. 4. (a) A county election board and a town may enter into a
written agreement providing that the county election board will
conduct a municipal primary or a municipal election, or both, in the
town.
(b) A town that enters into an agreement described in subsection
(a) shall continue to nominate candidates by convention conducted
under IC 3-8-5 or by petition filed under IC 3-8-6 unless the town
nominates candidates in a primary election as provided in IC 3-8-5-2.
(c) An agreement may not be entered into after September 21 of
a year in which a municipal election is to be held in the town.
(d) A county election board that enters into an agreement under
this section shall conduct the municipal election in the same manner
as it conducts a general election in a town that has a population of
three thousand five hundred (3,500) or more.
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.14;
P.L.66-2003, SEC.33; P.L.14-2004, SEC.84.
IC 3-10-7-5
Town in county having a consolidated city; conduct of election by
county election board
Sec. 5. The county election board shall conduct a municipal
election in a town that is located in a county having a consolidated
city. The county election board shall conduct the municipal election
in the same manner as it conducts a consolidated city election.
However, a town that is subject to this section is not required to
reimburse the county for any of the expenses of conducting a
municipal election.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-5.5
County election board conduct of town election unless town
legislative body establishes election board
Sec. 5.5. (a) The county election board shall conduct a municipal
election in a town unless the town legislative body adopts a
resolution during the period:
(1) beginning January 1; and
(2) ending August 8;
before the municipal election to establish a town election board
under this chapter to conduct the municipal election.
(b) The town clerk-treasurer must file a copy of the resolution
with the circuit court clerk of the county having the greatest
percentage of the population of the town not later than noon August
21 after the resolution is adopted.
(c) A resolution adopted under this section expires December 31
after its adoption.
As added by P.L.3-1993, SEC.103. Amended by P.L.14-2004,
SEC.85.
IC 3-10-7-6
Time of election; restrictions; nominees on ballot; exception by
resolution
Sec. 6. (a) A municipal election conducted under this chapter shall
be held at the time prescribed by IC 3-10-6.
(b) Subject to subsection (c), an election may not be held for a
municipal office if:
(1) there is only one (1) nominee for the office or only one (1)
person has filed a declaration of intent to be a write-in
candidate for the office under IC 3-8-2-2.5; and
(2) no person has filed a declaration of intent to be a write-in
candidate for the office under IC 3-8-2-2.5 that results in a
contest for election to the same municipal office.
(c) Except as provided in subsection (d), if there is an election for
any office of the municipality, all nominees for each office must be
on the ballot.
(d) If:
(1) there is an election for at least one (1) of the town's
legislative body members;
(2) only the voters who reside in a legislative body district are
eligible to vote in the election for a legislative body member;
and
(3) there is no election for an office to be voted on by all voters
of the town;
the county election board (or town election board if that board is
conducting the election under this chapter) may, by unanimous vote
of the entire membership of the board, adopt a resolution providing
that an election will be held only in the legislative body districts
within the town in which voters will elect legislative body members
under subdivision (2). The names of unopposed candidates for an
office to be voted on by all voters of the town shall not be placed on
the ballot used for the election of town legislative body members
under this subsection.
As added by P.L.5-1986, SEC.6. Amended by P.L.11-1987, SEC.4;
P.L.4-1991, SEC.56; P.L.8-1992, SEC.13; P.L.3-1995, SEC.89;
P.L.4-1996, SEC.53; P.L.14-2004, SEC.86.
IC 3-10-7-6.1
Elections for municipal offices; prohibition
Sec. 6.1. An election may not be held for a municipal office if:
(1) an election is not required under section 6 of this chapter;
and
(2) the approval or rejection of a public question is the only
other vote that may be cast on the ballot at the municipal
election.
As added by P.L.3-1997, SEC.234.
IC 3-10-7-7
Town election boards; establishment; members
Sec. 7. (a) A town election board consisting of three (3) members
is established in each town except a town that:
(1) has entered into an agreement with the county election
board under section 4 of this chapter;
(2) is located in a county having a consolidated city; or
(3) has a population of less than five hundred (500) and has not
adopted and filed a resolution under section 5.5 of this chapter.
(b) The town election board consists of the following three (3)
members:
(1) The town chairman of each of the major political parties
appointed under IC 3-8-5-3.
(2) The town clerk-treasurer.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.104;
P.L.4-1996, SEC.54.
IC 3-10-7-8
Repealed
(Repealed by P.L.4-1996, SEC.107.)
IC 3-10-7-9
Repealed
(Repealed by P.L.4-1996, SEC.107.)
IC 3-10-7-10
Repealed
(Repealed by P.L.4-1996, SEC.107.)
IC 3-10-7-11
Chairman; secretary
Sec. 11. The members of a town election board shall select one
(1) of the appointed members to serve as chairman. The town
clerk-treasurer shall serve as secretary of the board.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-12
Meetings
Sec. 12. A town election board shall hold meetings on call of the
chairman whenever necessary to perform its duties. If the chairman
refuses, fails, or is unable to call a meeting, the two (2) remaining
members may meet to perform the duties of the board.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-13
Minutes of meetings; record of votes
Sec. 13. Minutes of all town election board meetings and a record
of the aye and nay vote of each member on all questions coming
before the board shall be kept.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-14
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-10-7-15
Deputy election commissioners; appointment and removal;
residency; duties
Sec. 15. (a) A town election board may appoint and at its pleasure
remove deputy election commissioners. A deputy election
commissioner appointed under this section must reside in the town
of the election board that appointed the deputy commissioner. If a
deputy election commissioner ceases to be a resident of the town of
the election board that appointed the deputy election commissioner,
the person may not continue to serve as a deputy election
commissioner of the town.
(b) The county chairman of each major political party who
appointed the chairman of that political party's town committee under
IC 3-8-5-3 shall designate one-half (1/2) of the deputy
commissioners. Deputy election commissioners may assist the town
election board in carrying out its duties in accordance with the rules
adopted by the board.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.92;
P.L.5-1989, SEC.42; P.L.4-1996, SEC.55.
IC 3-10-7-16
Employees
Sec. 16. A town election board may appoint and at its pleasure
remove clerks, custodians, and other employees that are necessary to
execute its powers. The board may prescribe the duties, fix the rank,
and fix the salaries of its appointees.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-17
Purchase of materials, supplies, and equipment
Sec. 17. All materials, supplies, and equipment that are to be paid
for out of the town treasury shall be purchased as provided by statute
and paid upon claims filed with the town clerk-treasurer. The town
election board must verify and approve the claims.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-18
Audit of books
Sec. 18. The books of a town election board shall be audited as
are those of other town officials.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-19
Assistance by town marshal
Sec. 19. The town marshal, whenever called upon by a town
election board, shall assist the board in the enforcement of the
election laws and the discharge of its duties.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-20
Compensation of members
Sec. 20. The town legislative body shall determine the
compensation of each appointed member of a town election board.
The town legislative body shall fix the compensation in the same
manner as it fixes salaries.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-21
Powers and duties
Sec. 21. Except as otherwise provided in this chapter, a town
election board conducting a municipal election under this chapter,
the town executive, the town clerk-treasurer, voters, and members of
political parties in each town in which a municipal election is
conducted under this chapter have the same rights and powers, shall
perform the same duties, and are subject to the same qualifications
and penalties as a county election board that is conducting a general
election, or the county executive, circuit court clerk, or member of a
political party in a town in which a general election is conducted by
the county election board.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.56;
P.L.14-2004, SEC.87.
IC 3-10-7-22
Precinct election board; members; designation of polls
Sec. 22. (a) A town election board shall appoint a precinct
election board for each precinct in the town.
(b) If a precinct is wholly or partly in the town, the town election
board may designate the polls for the precinct to be at the polls for
an adjoining precinct, using the precinct election board of the
adjoining precinct.
(c) If a precinct election board administers more than one (1)
precinct under subsection (b), the board shall keep the ballots cast in
each precinct separate from ballots cast in any other precinct, so that
the votes cast for each candidate and on each public question in each
of the precincts administered by the board may be determined.
(d) Each precinct election board consists of:
(1) one (1) inspector; and
(2) two (2) judges of opposite political parties.
(e) The members of a precinct election board must be voters who
reside in the town.
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.15;
P.L.3-1987, SEC.186; P.L.230-2005, SEC.45.
IC 3-10-7-23
Powers and duties of precinct election board
Sec. 23. Except as otherwise provided in this chapter, a precinct
election board for a municipal election has the same powers and
duties, and is subject to the same qualifications and penalties, as a
precinct election board appointed for a general election under
IC 3-6-6-1.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-24
Poll clerks; assistant poll clerks
Sec. 24. A town election board shall appoint two (2) poll clerks,
and may appoint two (2) assistant poll clerks, of opposite political
parties for each precinct in the town. Except as otherwise provided
in this chapter, the poll clerks and assistant poll clerks have the same
powers and duties, and are subject to the same qualifications and
penalties, as poll clerks and assistant poll clerks appointed for a
general election under IC 3-6-6-2 and IC 3-6-6-3.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-25
Election sheriffs; precinct judges functioning as sheriffs
Sec. 25. (a) A town election board shall appoint two (2) election
sheriffs of opposite political parties for each precinct in the town.
Except as otherwise provided in this chapter, the election sheriffs
have the same powers and duties, and are subject to the same
qualifications and penalties, as election sheriffs appointed for a
general election under IC 3-6-6-5.
(b) A town election board may adopt a resolution providing that
the judges of each precinct that:
(1) is located wholly or partially in the town; and
(2) will contain no more than two hundred fifty (250) registered
voters on municipal election day;
shall perform the duties and have the rights of the election sheriffs of
the precinct. This resolution remains in effect until repealed by the
town election board.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.105.
IC 3-10-7-26
Nomination of inspector
Sec. 26. The appointed member of a town election board who
represents the major political party whose nominee received the
highest number of votes in the county for secretary of state at the last
election may nominate one (1) person to serve as inspector for each
precinct in the town.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-27
Nomination of election officials
Sec. 27. Each of the appointed members of a town election board
may nominate:
(1) one (1) person to serve as a judge;
(2) one (1) person to serve as an election sheriff, except in a
precinct subject to a resolution adopted under section 25 of this
chapter;
(3) one (1) person to serve as a poll clerk; and
(4) one (1) person to serve as an assistant poll clerk, if assistant
poll clerks are to be appointed;
for each precinct in the town.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.106.
IC 3-10-7-28
Appointment of nominees; vacancies
Sec. 28. A town election board shall appoint the persons who are
nominated under sections 26 and 27 of this chapter. A vacancy in an
office shall be filled by an appointment made upon the
recommendation of the board member who nominated the original
officer.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-29
Challengers; pollbook holders
Sec. 29. Each political party that has a candidate on the ballot in
a municipal election under this chapter may appoint one (1)
challenger and one (1) pollbook holder for each precinct in the town.
These persons have the same powers and duties, and are subject to
the same qualifications and penalties, as challengers and pollbook
holders appointed under IC 3-6-7-1.
As added by P.L.5-1986, SEC.6.
IC 3-10-7-30
List of registered voters; copies
Sec. 30. (a) The circuit court clerk or board of registration of each
county in which a town described in section 1 of this chapter is
located shall prepare copies of the list of registered voters for each
precinct in the town at least ten (10) days before a municipal election
under this chapter. The lists must include the full name, address, and
assigned identification number of each voter. Two (2) copies of the
list shall be presented to the town election board for use at the polls
on election day.
(b) Not later than twenty-four (24) days before election day, the
circuit court clerk or board of registration shall provide a list of
registered voters in the town to the town election board to permit the
board to conduct absentee ballot voting.
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.57.
IC 3-10-7-31
Election equipment furnished by county election board
Sec. 31. Upon request of a town election board, the county
election board of each county in which the town is located shall
furnish any available equipment that is necessary for a municipal
election, including ballot card voting systems and electronic voting
systems. The town shall pay the expense of moving the equipment to
and from the polls and for any loss of or damage to the equipment.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.187;
P.L.10-1988, SEC.93; P.L.221-2005, SEC.34.
IC 3-10-7-32
Method of voting; determination; duties of election officers
Sec. 32. (a) A town election board shall determine what voting
method will be used in a municipal election.
(b) The town election board and its precinct election officers shall
perform the duties of the county election board and its precinct
election officers under IC 3-11 for each voting method used.
(c) The town election board shall prepare the ballots in the form
prescribed by IC 3-11 and distribute them to the precincts in the
town.
(d) This subsection applies only to paper ballots. Notwithstanding
subsection (c), the town election board, by unanimous consent of the
board's entire membership, may authorize the printing or
reproduction of ballots on equipment under the control of the town
clerk-treasurer. If the town election board acts under this subsection,
the ballots are not required to conform to the precise dimensions
concerning the size of political party devices under IC 3-11-2-9 or
the placement of a candidate's name under IC 3-11-2-10(e). However,
the ballots must otherwise substantially conform with IC 3-11-2.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.188;
P.L.3-1997, SEC.235; P.L.58-2005, SEC.13.
IC 3-10-7-33
Canvass of votes; filing election materials
Sec. 33. (a) A town election board shall canvass the votes from a
municipal election in the manner prescribed by IC 3-12-4.
(b) After completion of the canvass, the town election board shall
immediately file the poll lists, ballots, tally sheets, and other election
forms with the circuit court clerk of the county containing the
greatest percentage of population of the town for preservation and
voter list maintenance in accordance with IC 3-10-1-31 or
IC 3-10-1-31.1.
As added by P.L.5-1986, SEC.6. Amended by P.L.209-2003,
SEC.102; P.L.14-2004, SEC.88.
IC 3-10-7-34
Certification of vote; certificate of election or of approval or
rejection of local public question
Sec. 34. (a) After completing the canvass of votes under section
33 of this chapter, a town election board shall make out a certificate:
(1) designating each office and public question;
(2) stating the number of votes:
(A) each candidate has received; and
(B) cast for or against each public question; and
(3) declaring:
(A) the candidate receiving the highest number of votes for
each office to be elected; and
(B) the local public question approved or rejected if the
question was placed on the ballot by the town election board.
(b) The town election board shall present the certificate to the
town clerk-treasurer, who may, upon the request of the candidate or
a person entitled to request a recount of the votes cast on a public
question, issue a:
(1) certificate of election to each person elected; or
(2) certificate declaring the local public question approved or
rejected.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.94;
P.L.4-1991, SEC.57.
IC 3-10-7-35
Appeals
Sec. 35. (a) Any voter of a town who disagrees with a decision of
the town clerk-treasurer or the town election board under this chapter
may appeal the decision to the county election board of the county
containing the greatest percentage of population of the town before
a municipal election under this chapter.
(b) The appeal must be in the form of a brief written statement
setting forth the grounds of the appeal, together with any documents
relevant to the matter.
(c) The county election board shall render a decision on the
appeal within ten (10) days after the board receives the statement.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.189;
P.L.4-1996, SEC.58.