To run for a town office, a person must meet certain qualifications before he or she can become a candidate. Qualifications vary depending on the office. For all towns under 3,500 in population there are two different elected positions: town council member and town clerk-treasurer. Towns that have created a town court by ordinance will also elect a town judge. (IC 33-10.1-1-3)
While the town clerk-treasurer (and town judge, if applicable) serve the entire town, towns have several options available when dividing the town into council districts.
Upon incorporation the town was divided into at least three (3), but not more than seven (7) council districts. Towns can increase or decrease the size of its council by following the procedures outlined in state law. (IC 36-5-2-4.2) These steps include a resolution, a ballot referendum, and a local ordinance.
All candidates must be a registered voter in the district that they seek to represent. All candidates for town council and town clerk-treasurer must be registered to vote no later than the deadline for filing a declaration of candidacy or petition of nomination. (IC 3-8-1-1)
As a general rule, town council members and town clerk-treasurers serve four (4) year terms that begin on January 1 following their election. Special terms apply to newly incorporated towns, or towns which adopt an ordinance to change the schedule for electing town officials. (See “Staggered Terms” on Page 5.) Candidates for town council must:
1. reside within the town; and
2. reside in the district they seek to represent, if applicable. (IC 36-5-2-6)
Town council members forfeit office if they cease to be a resident of the town or district from which they were elected, whichever is applicable. Council members can then be removed from office by a court or by the town council itself using special procedures under state law. (IC 34- 17-1)
Candidates for town clerk-treasurer must:
1. reside within the town; and
2. forfeit office if they cease to be a resident of the town. (IC 36-5-6-3)
Often called "wards", Indiana law provides several options for dividing a town into council districts (IC 36-5-2-5):
Option 1 - Candidates run from the district in which they reside. Voter will vote for only one candidate.
Option 2 - Candidates run from districts and at-large. Voters will vote on all at-large candidates and one candidate from the district in which they reside.
Option 3 - Candidates run from the district in which they reside, but voters will vote for candidates in all races. This is the option used by most Indiana towns.
Option 4 - Candidates run from districts and at-large. Voters will vote for all district and all at-large races.
Option 5 - Candidates run at-large. Districts are abolished by local ordinance. Voters will vote for all races. Candidates may reside anywhere in town. Such an ordinance may not be adopted or repealed during a year in which a municipal election is held (1999, 2003). (IC 36-5-2-4.1(h))
Towns may alter council districts at any time except during the twelve months before a municipal election is held (November 2002 through November 2003). The ordinance establishing or changing districts must be filed with the circuit court clerk.
In addition, the "holdover" provision of the Constitution of the State of Indiana provides that a person holds office until a successor has been elected and qualified. In other words, if there are no candidates for a given office (or not enough candidates for all the town council seats) an election is not held for that position, and the current office holder serves another four year term. (Article 15, Section 3)
If fewer at-large town council members are elected than there are at-large seats to be filled, the town council determines which incumbent at-large members will “holdover” for another four year term. This decision must be made by the town council no later than December 31 following the election. (IC 3-13-9-5.6)
In addition to choosing how town council members are to be elected, towns may also decide to stagger the terms of the council and other town offices. The purpose of staggering terms is to prevent the turnover of the entire town council after an election.
To stagger terms, the town council must pass an ordinance in the year preceding a municipal election. The deadline for staggering terms for the 2003 municipal elections will be midnight, December 31, 2002. The ordinance must specify which seats will be staggered. Initially, holders of these seats will serve a three year term. Upon completion of the initial three year term, successive council members will be elected to four year terms. No more than 50% of the town council seats may be elected to staggered terms. (IC 3-10-7-2.5)
Towns may also stagger the terms of the town clerk-treasurer and town judge. This is accomplished by passing an ordinance that requires these officers serve a one year term following their election. These offices will then be up for re-election at the first general election following the municipal election. Successors will then serve the usual four year term. (IC 3-10- 7-2.5)
Finally, a town may pass an ordinance specifying that all town elections shall be conducted during general election years. The ordinance must state that offices elected at the next municipal election shall serve a three year term. Successors will then be elected at the next general election and serve a normal four year term. (IC 3-10-7-2.7) Such an ordinance must be passed in the year preceding the municipal election and may not be repealed earlier than twelve years after its adoption.
Precincts are geographical areas established for the purpose of voting. Unlike town council districts, which are established by the town council, the county executive establishes precinct boundary lines. The town cannot alter precinct boundary lines for the purpose of conducting the municipal elections. Precinct lines can only be changed by the county commissioners and the Indiana Election Commission. (IC 3-11-1.5-2; IC 3-11-1.5-24)
As a rule, each precinct whether located wholly or partially within the town must have its own voting place. Towns with multiple precincts may find this requirement particularly troublesome for a couple of reasons. First, each voting place must be staffed with a team of precinct officers that includes an inspector, judges, poll clerks, and sheriffs. (IC 3-6-6-1; IC 3-6-6-2; IC 3-6-6-5) Finding enough qualified individuals who are willing to serve can be difficult.
Secondly, establishing and staffing a polling place can be expensive. Expenses can include room rental, wages, meals, and election training. Finally, state and federal law requires that all polling places be accessible to disabled persons.
Indiana law provides some relief from these problems. First, school buildings, fire stations, and all other public buildings shall be made available without charge to a county for holding an election. This also applies to town elections. (IC 3-10-7-21; 3-11-8-4)
Second, if the precinct contains fewer than 250 “active” voters the polling place may be combined with an adjoining precinct. (IC 3-11-8-4.3) Ask the county voter registration office for information about the number of “active” (versus “inactive”) voters in the precinct.
Third, election law provides that towns with a population under 3,500 may use one precinct board to administer the election in adjoining precincts. (IC 3-10-7-22) This eliminates the need for multiple polling places and the precinct workers to staff each. Therefore, a town that consists of multiple precincts could use one precinct board at a combined polling place allowing voters to vote in a centralized location. This helps to reduce the costs associated with conducting an election.
Fourth, a town election board may omit certain precinct officers (poll clerks and/or sheriffs) by adopting a resolution. This resolution must specify which offices will perform the duties of the clerks or sheriffs. (IC 3-6-6-38) (See the “Town Election Board” section on Precinct Officers in this Guidebook.)
This was taken from a state document 2003 TOWN ELECTION GUIDEBOOK. To see the complete document use link below.
http://www.in.gov/sos/elections/pdfs/2003_TEG.pdf
This and other documents concerning elections can be found at the Secretary of State web site at the link below.