Note: This version of section effective 1-1-2025. See also preceding version of this section, effective until 1-1-2025.

     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 in an odd-numbered year, if permitted 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 or as provided in section 2.5 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 a sufficient number of days in advance of the deadline to file the certificate required under section 13(d) of this chapter. 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.

     (e) If the county chairman determines that an emergency requires the rescheduling of a town convention after notice has been given under subsection (d), the chairman shall promptly file a notice in the office of the county election board and in the office of the town clerk-treasurer stating the date, time, and place of the rescheduled convention.

[Pre-1986 Recodification Citation: 3-2-7.5-4(a).]

As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.114; P.L.10-1988, SEC.40; P.L.3-1993, SEC.64; P.L.4-1996, SEC.27; P.L.144-1999, SEC.1; P.L.167-2001, SEC.3; P.L.230-2005, SEC.28; P.L.225-2011, SEC.32; P.L.74-2024, SEC.3.