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Indiana Statutes § 3-8-5-2 Nomination of candidates

⤴ Up to Chapter 5: Town Conventions and Major Political Party Nominations in Small Towns

Statute Text

Effective Until 1/1/2025

(a) A candidate for a town office may be nominated by a major political party using any of the following methods:
(1) By convention conducted under this chapter.
(2) By a primary election, if the town legislative body adopts an ordinance under subsection (d).
(3) If a town convention or a primary election is not required under section 10 of this chapter for the political party of which the candidate is a member, by the candidate's declaration of candidacy.
(b) Unless a town legislative body adopts an ordinance under subsection (d), a town shall use the convention method described in this chapter to nominate major political party candidates for town offices.
(c) A candidate may also be nominated for a town office by:
(1) a declaration of write-in candidacy under IC 3-8-2-4 ;
(2) a town convention of a political party described in section 17 of this chapter; or
(3) a petition under IC 3-8-6 .
(d) The town legislative body may adopt an ordinance not later than January 1 of the year in which a municipal election is held to establish a primary election for the nomination of major political party candidates. The town clerk-treasurer shall file a copy of the ordinance with the circuit court clerk of the county that contains the greatest percentage of the town's population not later than noon on the first date following the adoption of the ordinance that a declaration of candidacy may be filed under IC 3-8-2-4 .
(e) If a town described by section 1 of this chapter adopts an ordinance under subsection (d) to nominate major political party candidates by a primary election, the following apply:
(1) The county election board of the county that contains the greatest percentage of the town's population shall conduct the primary election for the town.
(2) All statutes governing primary elections for towns apply.
(3) The town may not change the method of nominating candidates for town offices more than one (1) time in any twelve (12) year period.

Source

Pre-1986 Recodification Citation: 3-2-7.5-2 part.

History

Amended by P.L. 278 - 2019 , SEC. 24 , eff. 5/6/2019 .

Amended by P.L. 74 - 2017 , SEC. 25 , eff. 7/1/2017 .

As added by P.L. 5-1986 , SEC. 4 . Amended by P.L. 3-1993 , SEC. 63 ; P.L. 167 - 2001 , SEC.2; P.L. 14-2004, SEC.57.

Effective Starting 1/1/2025

(a) This section applies only to a town described in section 1 of this chapter that conducts an election for a town office during an odd-numbered year.
[(a)] (b) A candidate for a town office may be nominated by a major political party using any of the following methods:
(1) By convention conducted under this chapter.
(2) By a primary election, if the town legislative body adopts an ordinance under subsection [(d).] (e).
(3) If a town convention or a primary election is not required under section 10 of this chapter for the political party of which the candidate is a member to select the party's nominees, by the candidate's declaration of candidacy.
[(b)] (c) Unless a town legislative body adopts an ordinance under subsection [(d),] (e), a town shall use the convention method described in this chapter to nominate major political party candidates for town offices.
[(c)] (d) A candidate may also be nominated for a town office by:
(1) a declaration of write-in candidacy under IC 3-8-2-4 ;
(2) a town convention of a political party described in section 17 of this chapter; or
(3) a petition under IC 3-8-6 .
[(d)] (e) The town legislative body may adopt an ordinance not later than January 1 of the year in which a municipal election is held to establish a primary election for the nomination of major political party candidates. The town clerk-treasurer shall file a copy of the ordinance with the circuit court clerk of the county that contains the greatest percentage of the town's population not later than noon on the [first] [date] [following] [the] [adoption] [of] [the] [ordinance] [that] day before the first date that a candidate may file a declaration of candidacy [may] [be] [filed] for the primary under IC 3-8-2-4 .
[(e)] (f) If a town described by section 1 of this chapter adopts an ordinance under subsection [(d)] (e) to nominate major political party candidates by a primary election, the following apply:
(1) The county election board of the county that contains the greatest percentage of the town's population shall conduct the primary election for the town.
(2) All statutes governing primary elections for towns apply.
(3) The town may not change the method of nominating candidates for town offices more than one (1) time in any twelve (12) year period.

Source

Pre-1986 Recodification Citation: 3-2-7.5-2 part.

History

Amended by P.L. 74 - 2024 , SEC. 1 , eff. 1/1/2025 .

Amended by P.L. 278 - 2019 , SEC. 24 , eff. 5/6/2019 .

Amended by P.L. 74 - 2017 , SEC. 25 , eff. 7/1/2017 .

As added by P.L. 5-1986 , SEC. 4 . Amended by P.L. 3-1993 , SEC. 63 ; P.L. 167 - 2001 , SEC.2; P.L. 14-2004, SEC.57.

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Prior Versions of This Statute