Sec. 6. (a) This section applies to a municipal office elected during a municipal or general election.
(b) A municipal election conducted under this chapter shall be held at the time prescribed by IC 3-10-6.
(c) Except as provided in subsection (d) or (e), 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.
(e) 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. This subsection applies to a municipal office elected during a municipal or general election. 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.
[Pre-1986 Recodification Citation: 3-2-7.6-2.]
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; P.L.225-2011, SEC.48; P.L.96-2012, SEC.2; P.L.124-2012, SEC.7.
Structure Indiana Code
Article 10. Provisions Governing Certain Types of Elections
Chapter 7. Municipal Elections in Small Towns Located Outside Marion County
3-10-7-1. Application of Chapter
3-10-7-1.5. "Appointed Member" Defined
3-10-7-2.5. Town Ordinance Providing Length of Term for Members of Legislative Body
3-10-7-2.9. Changing the Year Municipal Election Is Held; Ordinance; Exception
3-10-7-3. Municipal Elections Coinciding With General Elections; Conduct by County Election Board
3-10-7-4. Agreements Between County Election Board and Town
3-10-7-5. Town in County Having a Consolidated City; Conduct of Election by County Election Board
3-10-7-6. Restrictions on Municipal Office Elections; Nominees on Ballot; Exception by Resolution
3-10-7-6.1. Elections for Municipal Offices; Prohibition
3-10-7-7. Town Election Boards; Members
3-10-7-11. Chairman; Secretary
3-10-7-13. Minutes of Meetings; Record of Votes
3-10-7-15. Deputy Election Commissioners; Appointment and Removal; Residency; Duties
3-10-7-17. Purchase of Materials, Supplies, and Equipment
3-10-7-19. Assistance by Town Marshal
3-10-7-20. Compensation of Members
3-10-7-22. Precinct Election Board; Members; Designation of Polls
3-10-7-23. Powers and Duties of Precinct Election Board
3-10-7-24. Poll Clerks; Assistant Poll Clerks
3-10-7-25. Election Sheriffs; Precinct Judges Functioning as Sheriffs
3-10-7-26. Nomination of Inspector
3-10-7-27. Nomination of Election Officials
3-10-7-28. Appointment of Nominees; Vacancies
3-10-7-29. Challengers; Pollbook Holders
3-10-7-30. List of Registered Voters; Copies
3-10-7-31. Election Equipment Furnished by County Election Board
3-10-7-32. Method of Voting; Determination; Duties of Election Officers