Citations Affected: IC 3-8-5 ; IC 3-14-2-30.
Synopsis: Nomination of candidates in small towns. Provides that the
legislative body of a small town may adopt an ordinance to provide for
the nomination of candidates for town offices in a primary election
instead of a town convention. Provides that an individual may not vote
at more than one convention held in the town during the same election
year. Makes a violation of this restriction a Class A misdemeanor.
Effective: July 1, 2001.
January 18, 2001, read first time and referred to Committee on Legislative Apportionment
A BILL FOR AN ACT to amend the Indiana Code concerning
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. (a) A candidate for a town office
shall may be nominated as follows: using any of the following
(1) By convention conducted under this chapter.
(2) By a primary election.
(2) (3) By petition filed under
(3) (4) If a town convention was 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
(b) A town legislative body of a town covered by this chapter shall adopt an ordinance to specify which method the town will use to nominate candidates for town offices. If a town does not adopt an ordinance under this subsection, the town must use the convention method described in this chapter.
(c) The town legislative body must adopt an ordinance under
subsection (b) not later than January 1 of the year in which a
municipal election is held. The town clerk-treasurer shall send a
copy of the ordinance to the circuit court clerk of the county that
contains the greatest percentage of the town's population.
(d) If a town adopts an ordinance under subsection (b) to nominate 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.
SECTION 2. IC 3-8-5-10 , AS AMENDED BY P.L.144-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) If more than one (1) candidate from the same political party files a declaration of candidacy for the same office, that political party shall conduct:
(1) a town convention under this chapter; or
(2) a primary election;
to choose the nominee of that party for that office as provided in the ordinance adopted under section 2 of this chapter.
(b) If a town convention is required under subsection (a), the town chairman shall organize, conduct, and issue a call for a town convention to be held in the town, or, if there is no suitable location in the town, then either at the nearest available location within any county in which the town is located or at the county seat of any county in which the town is located.
(c) The convention must be held before August 21 in each year in which a municipal election is to be held. The purpose of the convention is to select the nominees for all town offices to be elected at the next municipal election and for which more than one (1) declaration of candidacy has been filed.
(d) The chairman shall file a notice of the call with the circuit court clerk of the county containing the greatest percentage of population of the town. The chairman shall also have notice of the call posted at least three (3) days in three (3) prominent public places in the town, including the office of the clerk-treasurer. The notice must state the time, place, and purpose of the convention.
SECTION 3. IC 3-8-5-10.5 , AS AMENDED BY P.L.202-1999, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10.5. (a) A person who desires to be nominated
for a town office by a major political party must file a declaration of
candidacy with the circuit court clerk of the county containing the
greatest percentage of population of the town.
(b) A declaration of candidacy must be filed:
(1) not earlier than January 1; and
(2) not later than:
(A) noon August 1 before a municipal election if the town nominates its candidates by convention; and
(B) the date that a declaration of candidacy must be filed under IC 3-8-2-4 if the town nominates its candidates by a primary election.
(c) The declaration must be subscribed and sworn to (or affirmed) before a notary public or other person authorized to administer oaths.
(d) The declaration of each candidate required by this section must certify the following information:
(1) The candidate's name, printed or typewritten as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(2) That the candidate is a registered voter and the location of the candidate's precinct and township (or the ward and town), county, and state.
(3) The candidate's complete residence address and the candidate's mailing address if the mailing address is different from the residence address.
(4) The candidate's party affiliation and the office to which the candidate seeks nomination, including the district designation if the candidate is seeking a town legislative body seat.
(5) That the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
(6) The candidate's signature.
(e) Immediately after the deadline for filing, the circuit court clerk shall do all of the following:
(1) Certify to the town clerk-treasurer and release to the public a list of the candidates of each political party for each office. The list shall indicate any candidates of a political party nominated for an office under this chapter because of the failure of any other candidates of that political party to file a declaration of candidacy
for that office.
(2) Post a copy of the list in a prominent place in the circuit court clerk's office.
(3) File a copy of each declaration of candidacy with the town clerk-treasurer.
(f) A person who files a declaration of candidacy for an elected office for which a per diem or salary is provided for by law is disqualified from filing a declaration of candidacy for another office for which a per diem or salary is provided for by law until the original declaration is withdrawn.
(g) A person who files a declaration of candidacy for an elected office may not file a declaration of candidacy for that office in the same year as a member of a different political party until the original declaration is withdrawn.
(h) A person who files a declaration of candidacy under this section may file a written notice withdrawing the person's declaration of candidacy in the same manner as the original declaration was filed, if the notice of withdrawal is filed
by not later than:
(1) noon August 1 before the municipal election if the town nominates its candidates by convention; and
(2) the date that a declaration of candidacy may be withdrawn under IC 3-8-2-20 if the town nominates its candidates in a primary election.
(i) A declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6 (e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.
SECTION 4. IC 3-8-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) To determine who may vote at the convention, the standards prescribed by IC 3-10-1-6 through IC 3-10-1-10 for determining political party affiliation at a primary election apply.
(b) The county election board shall furnish the secretary of the convention a list of all the town's voters. An individual who wants to vote in a town convention must register with the secretary of the
convention before being permitted to vote in the convention. The
secretary of the convention shall note on the list of the town's
voters when an individual registers with the secretary.
(c) An individual may not vote at more than one (1) convention held in the town during the same election year.
SECTION 5. IC 3-8-5-14.3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14.3. If a convention or a primary election is not required under section 10 of this chapter, notwithstanding IC 3-10-7 :
(1) a municipal primary election or town convention may not be held; and
(2) each candidate who filed a declaration of candidacy shall be placed on the municipal election ballot, unless IC 3-10-7-6 (b) applies.
SECTION 6. IC 3-14-2-30 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 30. A person who knowingly votes at a town convention in violation of IC 3-8-5-11 (c) commits a Class A misdemeanor.