Sec. 4.5. (a) Notwithstanding section 2 of this chapter, this section applies to a town with a legislative body that adopts an ordinance under Ind. Code § 36-5-2-4.5.

     (b) Unless a primary election is not required under section 4 of this chapter, a primary election shall be held in a town under this section at both of the following times:

(1) During a year that municipal elections are held under section 5 of this chapter.

(2) At the time of the primary election held in the year stated in an ordinance adopted under Ind. Code § 36-5-2-4.5(c)(2).

     (c) At a primary election held under subsection (b), a political party with a nominee who receives at least ten percent (10%) of the votes cast in the state for secretary of state at the most recent election for secretary of state shall nominate candidates for the following town offices:

(1) At the time of the primary held in the town under subsection (b)(1), the following candidates:

(A) Four (4) candidates for the town legislative body, three (3) of whom are elected from districts and one (1) who is elected at large. If the town legislative body adopts an ordinance under Ind. Code § 36-5-2-4.5(e), all candidates are elected from districts.

(B) Candidates for all other town offices other than the town legislative body.

(2) At the time of the primary election held under subsection (b)(2), three (3) candidates for the town legislative body, two (2) of whom are elected from districts and one (1) who is elected at large. If the town legislative body adopts an ordinance under Ind. Code § 36-5-2-4.5(e), all candidates are elected from districts.

The primary election is conducted under this chapter.

     (d) Notwithstanding section 5 of this chapter, an election to fill town offices under this section is held as follows:

(1) During a year municipal elections are held under section 5 of this chapter, the following town offices are elected:

(A) Four (4) members of the town legislative body, three (3) of whom are elected from districts and one (1) who is elected at large. If the town legislative body adopts an ordinance under Ind. Code § 36-5-2-4.5(e), all members are elected from districts.

(B) All other town offices other than the town legislative body.

(2) During a year in which candidates for the town legislative body are nominated under subsection (c)(2), three (3) members of the town legislative body, two (2) of whom are elected from districts and one (1) who is elected at large. If the town legislative body adopts an ordinance under Ind. Code § 36-5-2-4.5(e), all members are elected from districts.

The election shall be conducted under this chapter.

As added by P.L.38-1999, SEC.33.