Indiana § 36-5-1-10.1 Adoption of ordinance incorporating town; required provisions to
conduct elections; territory not included in any district or in more than
one district; effective date of ordinance

Indiana Statutes

§ 36-5-1-10.1 — Adoption of ordinance incorporating town; required provisions to conduct elections; territory not included in any district or in more than one district; effective date of ordinance

Indiana § 36-5-1-10.1

Title 36LOCAL GOVERNMENT

Art. 5GOVERNMENT OF TOWNS

Ch. 1Incorporation; Dissolution

This text of Indiana § 36-5-1-10.1 (Adoption of ordinance incorporating town; required provisions to conduct elections; territory not included in any district or in more than one district; effective date of ordinance) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-5-1-10.1 (2026).

Text

1.

(a)If a majority of the voters voting on the public question under section 8 of this chapter vote "yes", the county executive shall adopt an ordinance incorporating the town.

(b)An ordinance adopted under subsection (a) must:

(1)either:

(A)provide that all members of the town legislative body are to be elected at large (if the town would have a population of less than three thousand five hundred (3,500); or

(B)divide the town into not less than three (3) nor more than seven (7) districts; and

(2)direct the county election board to conduct an election in the town on the date of the next general or municipal election to be held in any precincts in the county. An election conducted under this section must comply with IC 3 concerning town elections. If the date that an ordinance is ad

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1. (a) If a majority of the voters voting on the
public question under section 8 of this chapter vote "yes", the county
executive shall adopt an ordinance incorporating the town.
(b) An ordinance adopted under subsection (a) must:
(1) either:
(A) provide that all members of the town legislative body are to
be elected at large (if the town would have a population of less
than three thousand five hundred (3,500); or
(B) divide the town into not less than three (3) nor more than
seven (7) districts; and
(2) direct the county election board to conduct an election in the
town on the date of the next general or municipal election to be
held in any precincts in the county.
An election conducted under this section must comply with IC 3
concerning town elections. If the date that an ordinance is adopted
under this section is not later than June 1 of a general or municipal
election year, the election must be conducted on the date of the next
general or municipal election held in any precincts in the county after
the election for which absentee balloting is being conducted. However,
a primary election may not be conducted before an election conducted
under this section, regardless of the population of the town.
(c) Districts established by an ordinance adopted under this section
must comply with IC 3-11-1.5.
(d) If any territory in the town is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(e) If any territory in the town is included in more than one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
(f) An ordinance adopted under this section becomes effective when
filed with:
(1) the office of the secretary of state; and
(2) the circuit court clerk of each county in which the town is
located.
(g) Each county that contains a part of the proposed town must
adopt identical ordinances providing for the incorporation of the town.
As added by Acts 1980, P.L.2, SEC.16. Amended by
P.L.5-1983, SEC.12; P.L.5-1986, SEC.54; P.L.13-1988, SEC.19;
P.L.5-1989, SEC.106; P.L.7-1990, SEC.61; P.L.3-1993, SEC.268;
P.L.3-1997, SEC.457; P.L.86-1999, SEC.2; P.L.123-2000, SEC.5;
P.L.113-2010, SEC.123; P.L.147-2013, SEC.7; P.L.219-2013, SEC.97;
P.L.104-2022, SEC.164.