Sec. 7.5. (a) This section applies to a municipal office elected during a municipal or general election.
(b) Except as provided in subsection (c) or (d), if there is an election for any office of the municipality, all nominees for each office must be on the ballot.
(c) If:
(1) there is an election for at least one (1) of a municipality'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 municipality;
the county election board 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 municipality 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 municipality shall not be placed on the ballot used for the election of municipal legislative body members under this subsection.
(d) This subsection applies only if the county election board adopts a resolution by a unanimous vote of the entire membership of the board making this subsection applicable in the county. 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.
A resolution adopted under this subsection expires on January 1 of the year following the year the resolution is adopted.
As added by P.L.8-1992, SEC.12. Amended by P.L.3-1995, SEC.87; P.L.4-1996, SEC.48; P.L.14-2004, SEC.82; P.L.225-2011, SEC.47; P.L.96-2012, SEC.1; P.L.124-2012, SEC.6.
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