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 four hundred (1,400).
(b) This section applies to a town that has not adopted an ordinance:
(1) under IC 18-3-1-16(b) (before its repeal on September 1, 1981); or
(2) in 1982 under P.L.13-1982, SECTION 3 (before its expiration on January 1, 1988).
(c) Notwithstanding IC 3-10-6-6, 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 town legislative body members elected in the municipal election.
(d) The ordinance must provide that:
(1) no more than fifty percent (50%) of the members will be elected for terms of three (3) years beginning at noon January 1 following the municipal election under section 2 of this chapter; and
(2) the remainder of the members will be elected for terms of four (4) years beginning at noon January 1 following the election.
(e) An ordinance described in this section or an ordinance repealing an ordinance described in this section is effective upon filing the ordinance with the circuit court clerk of the county in which the largest percentage of the town is located.
As added by P.L.11-1988, SEC.4. Amended by P.L.3-1990, SEC.7; P.L.3-1997, SEC.231; P.L.170-2002, SEC.6; P.L.119-2012, SEC.6; P.L.278-2019, SEC.42.
Structure Indiana Code
Article 10. Provisions Governing Certain Types of Elections
3-10-6-1. Application of Chapter
3-10-6-2. Date of Municipal Primary; Political Parties Entitled to Nominate Candidates
3-10-6-2.5. Town Ordinance to Stagger Terms of Members of Legislative Body
3-10-6-2.6. Election of Town Officers in Year of No General Election for Short Term; Ordinance
3-10-6-3. Other Times for Holding Primary Elections
3-10-6-4. Noncontested Primary Races; Unopposed Candidates
3-10-6-4.5. Primary Elections in Towns Adopting Ordinance Under Ic 36-5-2-4.5
3-10-6-5. Date of Municipal Election
3-10-6-6. Other Times for Electing Town Officers
3-10-6-7.5. Restrictions on Municipal Office Elections; Nominees on Ballot; Exception by Resolution
3-10-6-7.6. Elections for Municipal Offices; Prohibition
3-10-6-8. Rights, Duties, and Required Assistance
3-10-6-11. Municipal Precincts; Use of Adjoining Precinct Polls
3-10-6-12. Nomination of Candidates for Town Offices by Certain Political Parties