Title 3, TITLE 3. ELECTIONS
169 chapters · 2,794 sections in this title.
Ind. Code § 3-12-8-6.5 Amendment of verified petition
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Sec. 6.5. (a) Except as provided in subsection (b), the court in which a petition is filed may allow the petition or cross-petition to be amended at any time upon the terms and conditions that the court orders. (b) The court may not allow a petition to be amended following the de…
Ind. Code § 3-12-8-7 Repealed
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[Pre-1986 Recodification Citation: 3-1-28-4(a) part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238. IC 3-12-8-8 Notice of contest; service of notice Sec. 8. (a) Upon the filing of a petition for a contest, the circuit court clerk shall notify the circuit court …
Ind. Code § 3-12-8-9 Service of summons
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Sec. 9. The sheriff shall serve the notice required by section 8 of this chapter upon the contestee and all other persons named in the petition as candidates for nomination or election to the office in the same manner as a summons is served in a civil action. [Pre-1986 Recodifica…
Ind. Code § 3-13-8-1 Vacancy in office last held by person elected or selected as
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candidate of major political party Sec. 1. A vacancy in a city office (other than judge of a city court) that was last held by a person elected or selected as a candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11. [Pre-1986 Recodificatio…
Ind. Code § 3-13-8-1.5 Meeting held before vacancy exists; notice of meeting
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Sec. 1.5. A city clerk or city clerk-treasurer may give notice of a meeting under this chapter, and the meeting may be conducted under this chapter, before a vacancy in an office exists if the person holding the office has: (1) submitted a written resignation under IC 5-8-3.5; or…
Ind. Code § 3-13-8-10 Common council of third class city
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Sec. 10. (a) This section applies to a vacancy in the common council of a third 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 executive may break any tie vote. (…
Ind. Code § 3-13-8-11 Vacating office by incumbent pending outcome of election
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contest Sec. 11. If, pending the outcome of an election contest, the incumbent vacates the office after the expiration of the incumbent's term, the vacancy shall be filled as are other vacancies under this chapter until the election is decided or the office is otherwise filled. T…
Ind. Code § 3-13-8-12 Bond, oath, rights, and duties of person filling vacancy
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Sec. 12. A person filling a vacancy under this chapter must give the same bond and take the same oath and has the same rights and duties as the official who vacated the office. [Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.] As added by P.L.5-1986, SEC.9.
Ind. Code § 3-13-8-13 Term of office
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Sec. 13. A person selected to fill a vacant office under this chapter holds the office for the remainder of the term, except as provided in section 4 of this chapter. [Pre-1986 Recodification Citation: 3-2-10-9.] As added by P.L.5-1986, SEC.9.
Ind. Code § 3-13-8-2 Office of judge of city court
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Sec. 2. (a) As used in this section, "judge" refers to a judge of a city court. (b) If a judge wishes to resign from office, the judge must resign as provided in IC 5-8-3.5. (c) A vacancy that occurs because of the death of a judge may be certified to the governor under IC 5-8-6.…
Ind. Code § 3-13-8-3 Office of mayor of first class city
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Sec. 3. (a) This section applies to a vacancy in the office of mayor of a first class city not covered by section 1 of this chapter. (b) The vacancy shall be filled by the city-county council at a regular or special meeting. The city clerk shall give notice of the meeting. Except…
Ind. Code § 3-13-8-4 City-county council of first class city
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Sec. 4. (a) This section applies to a vacancy in the city-county council of a first class city not covered by section 1 of this chapter. (b) A vacancy shall be filled by a majority of the remaining members of the council at a regular or special meeting. The city clerk shall give …
Ind. Code § 3-13-8-5 Office of mayor of second class city
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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…
Ind. Code § 3-13-8-6 Office of city clerk of second class city
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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…
Ind. Code § 3-13-8-7 Common council of second class city
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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…
Ind. Code § 3-13-8-9 Office of city clerk-treasurer of third class city
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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…
Ind. Code § 3-11.5-8-1 Initial determination whether absentee ballot must be rejected;
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voiding rejected absentee ballot on electronic voting system 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 coun…
Ind. Code § 3-11.5-8-2 Processing of remaining ballots; precinct printouts
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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 …
Ind. Code § 3-11.5-8-3 Tabulation of valid absentee ballots
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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…
Ind. Code § 3-5-9-1 "Elected office"
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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.
Ind. Code § 3-5-9-2 "Government employee"
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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.
Ind. Code § 3-5-9-3 "Unit"
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Sec. 3. As used in this chapter, "unit" means a county, city, town, or township. As added by P.L.135-2012, SEC.1.
Ind. Code § 3-5-9-4 Firefighters
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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…
Ind. Code § 3-5-9-5 Government employee may not hold elected office
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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…
Ind. Code § 3-5-9-6 Matters unaffected by chapter
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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…
Ind. Code § 3-5-9-7 Government employees who hold elected office on January 1,
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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…
Ind. Code § 3-6-9-1 Request for watchers; written statement
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Sec. 1. (a) If: (1) twenty-six percent (26%) or more of all 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 conduc…
Ind. Code § 3-6-9-11 Appointment of new watcher; credentials
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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…
Ind. Code § 3-6-9-12 Limitation of number of watchers at polls
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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…
Ind. Code § 3-6-9-13 Watcher rights; reporting of violations; removal and
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revocation of credentials 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) …
Ind. Code § 3-6-9-2 Contents of written statement
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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.…
Ind. Code § 3-6-9-3 Limitation on appointments of attorney-in-fact
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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. IC 3-6-9-4 Certification of watchers by attorney-in-fact Sec. 4. (a) An attorney-in-fact designated under …
Ind. Code § 3-6-9-5 Issuance of certificates to watchers
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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…
Ind. Code § 3-6-9-6 Filing of written statement
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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…
Ind. Code § 3-6-9-7 Deputy circuit court clerk
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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…
Ind. Code § 3-6-9-8 Right to credentials upon request
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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-…
Ind. Code § 3-6-9-9 Repealed
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[Pre-1986 Recodification Citation: 3-1-6-2(a)(2) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.40. Repealed by P.L.3-1995, SEC.157. IC 3-6-9-10 Discharge of watcher Sec. 10. The circuit court clerk shall immediately revoke the power of a watcher when requested …
Ind. Code § 3-8-9-1 Application of chapter
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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.
Ind. Code § 3-8-9-10 Failure to file statement of economic interests; receipt of salary
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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…
Ind. Code § 3-8-9-2 "Filer"
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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.
Ind. Code § 3-8-9-3 "Statement"
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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.
Ind. Code § 3-8-9-4 Application to local and school board offices; exceptions;
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statement of economic interests; requirement to file 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 f…
Ind. Code § 3-8-9-5 Statement of economic interests; when to file
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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…
Ind. Code § 3-8-9-6 Failure to include statement; rejection of declaration of
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candidacy; petition of nomination; declaration of intent to be a write-in candidate, or certificate of candidate selection 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 certifi…
Ind. Code § 3-8-9-7 Statement to be made under affirmation
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Sec. 7. A statement must be made under affirmation. As added by P.L.90-2012, SEC.3.
Ind. Code § 3-8-9-8 Contents of statement
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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…
Ind. Code § 3-8-9-9 Form of statement
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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.
Ind. Code § 3-10-9-1 Application of chapter
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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.
Ind. Code § 3-10-9-2 Duty to place question on ballot
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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…
Ind. Code § 3-10-9-2.5 Local public question petitions; compliance with
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documentation of assistance to voters with disabilities 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 disabilitie…