Indiana § 3-10-6-4 - Noncontested primary races; unopposed candidates

§ 3-10-6-4. Noncontested primary races; unopposed candidates

Sec. 4. (a) Except as otherwise provided in this section, all candidates for nomination to an office of the municipality by a major political party must be placed on a primary election ballot for the candidate's party.

(b) If no candidate has filed for the nomination of a party to any office of the municipality, the party may not hold a primary election in the municipality.

(c) Whenever there is no contest in a political party for the nomination of a candidate or candidates for an office, but at least one (1) candidate has filed for the nomination by that political party, the party may hold a primary election for that nomination.

(d) If a party wants to conduct a primary under subsection (c), the county chairman of the party must file a notice with the county election board not later than noon seven (7) days after the final date for filing a declaration of candidacy, stating that the party will hold a primary.

(e) The county election board of the county in which the greatest percentage of the population of the municipality is located shall certify the names of the candidates for each nomination for which there is no contest as though a primary election had been held.

(f) If:

(1) there is a contest in an election district comprising all or part of a municipality in any party for a nomination for an office; or

(2) a party has decided to hold a primary election for an office under subsection (c);

the name of each candidate of the political party within the election district shall be placed on the primary election ballot for the election district, whether or not the candidate is opposed.

(g) This subsection applies when:

(1) there is a contest for nomination by a major political party for at least one (1) of the municipality's legislative body members;

(2) only the voters who reside in a legislative body district are eligible to vote in the primary election for the political party's nomination of the legislative body member; and

(3) there is no contest for nomination to an office to be voted on by all voters of the political party of the municipality.

The county election board may, by unanimous vote of the entire membership of the board, adopt a resolution providing that a primary election for the party will be held only in the legislative body election districts in which voters will nominate candidates under subdivision (2). The names of unopposed candidates for the party's nomination for an office to be voted on by all voters of the municipality may not be placed on the ballot used within the election districts for the nomination of candidates under this subsection.

(h) If:

(1) there is no contest in an election district in any party for a nomination for an office; and

(2) no party has decided to hold a primary election for any office under subsection (c);

a primary election may not be held for any municipal office in the election district.

[Pre-1986 Recodification Citation: 3-2-7-2(a) part.]

As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.86; P.L.7-1991, SEC.3; P.L.3-1993, SEC.101; P.L.176-1999, SEC.61 and P.L.202-1999, SEC.15.