Title 3, ELECTIONS

Sec. 5. (a) This section applies to a vacancy in the office of mayor of a second class city not covered by section 1 of this chapter. (b) A vacancy shall be filled as follows: (1) If the city has a deputy mayor, the deputy mayor assumes the office for the remainder of the unexpir…

Sec. 6. (a) This section applies to a vacancy in the office of city clerk of a second class city not covered by section 1 of this chapter. (b) A vacancy shall be filled by the mayor or acting mayor, subject to the approval of the common council. However, if a vacancy exists becau…

Sec. 7. (a) This section applies to a vacancy in the common council of a second class city not covered by section 1 of this chapter. (b) A vacancy shall be filled by the remaining members of the council at a regular or special meeting. The city clerk shall give notice of the meet…

Sec. 8. (a) This section applies to a vacancy in the office of mayor of a third class city not covered by section 1 of this chapter. (b) A vacancy shall be filled as follows: (1) If the city has a deputy mayor, the deputy mayor assumes the office for the remainder of the unexpire…

Sec. 9. (a) This section applies to a vacancy in the office of city clerk-treasurer of a third class city not covered by section 1 of this chapter. (b) The vacancy shall be filled by the mayor or acting mayor, subject to the approval of the common council. However, if a vacancy e…

Sec. 1. (a) The county election board shall make an initial determination concerning whether any absentee ballot cast on an electronic voting system must be rejected for any grounds under IC 3-11.5-4-13. (b) If the county election board makes an initial determination under subsec…

Sec. 2. After making an initial determination under section 1 of this chapter, the county election board shall process the remaining absentee ballots by producing a printout for each precinct in which an absentee ballot cast on an electronic voting system has been cast. As added …

Sec. 3. After making an initial determination under section 1 of this chapter and processing the ballots under section 2 of this chapter, the county election board shall tabulate the valid absentee ballots cast on the electronic voting system. As added by P.L.157-2019, SEC.35. Am…

Sec. 1. As used in this chapter, "elected office" refers only to the following: (1) The executive or a member of the executive body of a unit. (2) A member of the legislative body or fiscal body of a unit. As added by P.L.135-2012, SEC.1.

Sec. 2. As used in this chapter, "government employee" refers to an employee of a unit. The term does not include an individual who holds only an elected office. As added by P.L.135-2012, SEC.1.

Sec. 3. As used in this chapter, "unit" means a county, city, town, or township. As added by P.L.135-2012, SEC.1.

Sec. 4. An individual who is an employee of a unit, serving as a full-time, paid firefighter in a department that provides fire protection services to more than one (1) unit, excluding fire protection services provided under mutual aid agreements, may not assume or hold an electe…

Sec. 5. Except as provided in section 7 of this chapter, an individual is considered to have resigned as: (1) a government employee when the individual assumes an elected office of the unit that employs the individual; or (2) an elected official of the unit when the individual be…

Sec. 6. This chapter does not prohibit: (1) a government employee from assuming or holding an elected office of a unit other than the unit that employs the government employee; (2) a full-time, paid firefighter from assuming or holding an elected office of a unit other than a uni…

2013 Sec. 7. (a) Notwithstanding sections 4 and 5 of this chapter, a government employee who assumes or holds an elected office on January 1, 2013, may continue to hold the elected office and be employed as a government employee until the term of the elected office that the gover…

Sec. 1. (a) If: (1) two (2) or more candidates of a political party who are candidates for: (A) nomination to elected offices at a county primary election (or municipal primary election within the municipality in which the municipal primary is to be conducted), not including cand…

Sec. 1.5. If two (2) or more candidates of a political party do not sign a written statement indicating their desire to have a watcher under section 1 of this chapter, the county chairman of a political party is entitled to appoint a watcher in each precinct in which the politica…

Sec. 10. The circuit court clerk shall immediately revoke the power of a watcher when requested by the attorney-in-fact to discharge the watcher. The clerk shall provide forms for the purpose of requesting the discharge of a watcher. [Pre-1986 Recodification Citation: 3-1-6-2(a)(…

Sec. 11. Upon discharge of a watcher under section 10 of this chapter, the circuit court clerk shall immediately appoint another watcher named by the attorney-in-fact. The new watcher has the same powers and duties as the watcher originally appointed and is entitled to credential…

Sec. 12. (a) Only one (1) watcher representing a candidate or group of candidates may enter or be in the polls for a precinct at the same time, but watchers representing different groups may be in the polls at the same time. (b) If more than one (1) precinct votes at the same pol…

Sec. 13. (a) A watcher appointed under this chapter is entitled to do the following: (1) Enter the polls at least thirty (30) minutes before the opening of the polls and remain there throughout election day until all tabulations have been completed. (2) Inspect the paper ballot b…

Sec. 2. The written statement required by section 1 of this chapter must designate: (1) a person to act as attorney-in-fact for the candidates; and (2) the precincts where the watchers are desired and where they are to serve. [Pre-1986 Recodification Citation: 3-1-6-2(a)(1) part.…

Sec. 3. A candidate may not file more than one (1) appointment of an attorney-in-fact. [Pre-1986 Recodification Citation: 3-1-6-2(a)(2) part.] As added by P.L.5-1986, SEC.2.

Sec. 4. (a) An attorney-in-fact designated under section 2 of this chapter shall file with the circuit court clerk the names of the voters of the county or municipality who are to act as watchers in the precincts designated in the written statement. (b) The attorney-in-fact may c…

Sec. 5. When the attorney-in-fact has certified the names of the watchers in writing under section 4 of this chapter to the circuit court clerk, the clerk shall immediately issue certificates to the persons named. The certificates entitle the watchers to go to the precincts desig…

Sec. 6. The written statement required by section 1 of this chapter may be filed with the circuit court clerk at any time until the official returns and ballots of the precincts have been delivered to the county election board. [Pre-1986 Recodification Citation: 3-1-6-2(a)(3) par…

Sec. 7. If the circuit court clerk is not present with the county election board, the clerk shall keep at least one (1) deputy in the room with the board at all times until the tabulation of the vote is final. The deputy must be qualified and ready to sign credentials for watcher…

Sec. 8. A watcher is entitled to credentials immediately upon request. Upon receipt of credentials, a watcher may proceed to the precinct at any time and proceed with the discharge of the watcher's duties. [Pre-1986 Recodification Citation: 3-1-6-2(a)(3) part.] As added by P.L.5-…

Sec. 1. This chapter applies only to candidates for local or school board offices. As added by P.L.90-2012, SEC.3. Amended by P.L.278-2019, SEC.32.

Sec. 10. (a) This section applies to any individual required to file a statement in accordance with section 5 of this chapter. (b) If: (1) the individual (or another individual acting on behalf of that individual) fails to file the statement with the individual's declaration of c…

Sec. 2. As used in this chapter, "filer" refers to an individual who files a statement of economic interests under this chapter. As added by P.L.90-2012, SEC.3.

Sec. 3. As used in this chapter, "statement" refers to the statement of economic interests required to be filed under this chapter. As added by P.L.90-2012, SEC.3.

Sec. 4. (a) This section does not apply to a candidate for either of the following: (1) Judge of a circuit, superior, city, town, probate, or small claims court. (2) Prosecuting attorney of a judicial circuit. (b) A candidate for a local office or school board office shall file a…

Sec. 5. An individual required to file a statement under section 4 of this chapter shall file the statement as follows: (1) With the individual's: (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5; (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an office descri…

Sec. 6. The circuit court clerk shall reject a declaration of candidacy, petition of nomination, declaration of intent to be a write-in candidate, or certificate of candidate selection that does not include the statement. As added by P.L.90-2012, SEC.3.

Sec. 7. A statement must be made under affirmation. As added by P.L.90-2012, SEC.3.

Sec. 8. A statement must set forth the following information for the preceding calendar year: (1) The following information for each employer of the filer and each employer of the filer's spouse: (A) The name of the employer. (B) The nature of the employer's business. For purpose…

Sec. 9. The election division shall prescribe the form of the statement. As added by P.L.90-2012, SEC.3. Amended by P.L.169-2015, SEC.70.

Sec. 1. A person making an independent expenditure: (1) that exceeds five thousand dollars ($5,000); and (2) regarding a public question; shall, not later than forty-eight (48) hours after making the expenditure, file a report, using a form prescribed under IC 3-5-4-8, with the o…

Sec. 2. The report filed under section 1 of this chapter must certify and affirm the following: (1) The person has not knowingly or willfully received, solicited, or accepted, whether directly or indirectly, contributions or expenditures: (A) from prohibited sources; (B) that exc…

Sec. 3. A determination by the commission or a county election board that a person who has filed a certification under section 2 of this chapter has accepted funds: (1) from a prohibited source; (2) in excess of the amount set forth in section 2 of this chapter; and (3) during th…

Sec. 1. This chapter applies to voting on all local public questions. As added by P.L.3-1987, SEC.191. Amended by P.L.278-2019, SEC.48; P.L.156-2020, SEC.2.

Sec. 2. The: (1) county election board of each county included in the election district voting on the public question; or (2) town election board if a public question is to be voted on at an election conducted by a town election board; shall place the public question on the ballo…

Sec. 2.5. If a petition is required to place a local public question on the ballot, the petition must comply with the requirements set forth in IC 3-8-6-6(b) concerning documentation of assistance to a voter with disabilities. As added by P.L.278-2019, SEC.49.

Sec. 3. (a) Except as provided in subsection (b), if a local public question must be certified to an election board by law, that certification must occur no later than noon: (1) seventy-four (74) days before a primary election if the public question is to be placed on the primary…

Sec. 4. (a) The public question shall be placed on the ballot in substantially the following form: (The explanatory text for the public question, if required by law): "Shall (insert public question)?" [] YES [] NO (b) A public question printed on a ballot shall be set forth witho…