Indiana Residency Requirements for City and Town Court Judges Amendment (2026)

Indiana Residency Requirements for City and Town Court Judges Amendment
Election date November 3, 2026
Topic Local government officials and elections and State judicial selection
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

The Indiana Residency Requirements for City and Town Court Judges Amendment is on the ballot in Indiana as a legislatively referred constitutional amendment on November 3, 2026.

A "yes" vote supports requiring city and town court judges to reside in either the county where the court is located or the bordering county closest to the court.

A "no" vote opposes requiring city and town court judges to reside in either the county where the court is located or the bordering county closest to the court.

Overview

What would the amendment do?

See also: Text of measure

The amendment would allow city and town court judges to reside in either the county where the court is located or the bordering county that is closest to the city or town in which the court is located, calculated by measuring the shortest distance from the city or town limits to the county line.

Currently, city and town court judges must live in the city or town where the court is located.

What are city and town courts?

See also: Indiana Municipal Courts

Indiana Municipal Courts are referred to as town and city courts. TAs of 2025, there were 38 city courts and 14 town courts in Indiana. These courts have jurisdiction over cases involving town or city ordinances and misdemeanor offenses and infractions. Town and city court judges are attorneys in good standing who are elected in partisan elections and who serve terms of four years. There are no term limits on city or town court judges; however, they must retire at age 75.

What have supporters and opponents said about this amendment?

See also: Support and Opposition

State Rep. Michael J. Aylesworth (R-11) sponsored the amendment. Aylesworth said, "Lawyers who could later serve as judges have become increasingly scarce in more rural areas of the state. With older lawyers retiring and not enough new ones to replace them, rural communities are limited when it comes to legal services."

The State House Republican Caucus wrote, "According to an American Bar Association study, there are only 2.3 lawyers for every 1,000 Hoosiers, ranking Indiana 43rd compared to other states. Nearly half of Indiana's 16,000 lawyers are located in or around Indianapolis, limiting rural communities' access to legal services."

Ballotpedia has not located arguments in opposition to the ballot measure. You can share arguments, along with source links for this information, with us at editor@ballotpedia.org.

How many lawyers does Indiana have compared to the national state average?

See also: Number of attorneys in Indiana

According to the American Bar Association's 2024 study, there were 15,485 attorneys in Indiana in 2024. Indiana's 2024 population was 6,862,199, meaning the state had 2.26 attorneys per 1,000 residents. The national average is four attorneys per 1,000 residents. As of 2024, New York had the highest concentration of lawyers (187,656 total) at 9.59 per 1,000 residents. South Carolina had the lowest concentration of lawyers (11,090 total) at 2.06 per 1,000 residents.

Text of measure

Constitutional changes

See also: Article 6, Indiana Constitution

The measure would amend Section 6 of Article 6 of the Indiana Constitution. The following underlined text would be added.

Section 6. (a) Except as provided in subsection (b), all county, township, and town officers, shall reside within their respective counties, townships, and towns; and shall keep their respective offices at such places therein, and perform such duties, as may be directed by law.

(b) The judge of a city or town court shall reside in:

(1) the county in which the city or town court is located; or

(2) the bordering Indiana county that is the closest Indiana county to the city or town in which the city or town court is located, calculated by measuring the shortest distance from the city or town limits to the county line.

Support

Supporters

Officials

• State Sen. Eric Koch (R)
• State Rep. Michael J. Aylesworth (R)

Arguments

• State Rep. Michael Aylesworth (R-11): "Lawyers who could later serve as judges have become increasingly scarce in more rural areas of the state. With older lawyers retiring and not enough new ones to replace them, rural communities are limited when it comes to legal services."

Opposition

Ballotpedia has not located arguments in opposition to the ballot measure. You can share arguments, along with source links for this information, with us at editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Indiana ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Indiana Municipal Courts

See also: Indiana Municipal Courts

Indiana Municipal Courts are referred to as town and city courts. As of 2025, there were 38 city courts and 14 town courts in Indiana. These courts have jurisdiction over cases involving town or city ordinances and misdemeanor offenses and infractions. Town and city court judges are attorneys in good standing who are elected in partisan elections and who serve terms of four years. There are no term limits on city or town court judges; however, they must retire at age 75.

Powers and duties of city and town court judges

The judge of a city or town court may adopt rules for conducting court business and holds all powers of a court of record, including compelling witness attendance, punishing contempt, enforcing orders, and issuing commissions for depositions. The judge may also administer oaths and issue certificates to authenticate court records. If the judge is temporarily absent or unable to act, a reputable practicing attorney must be appointed as a special judge, who assumes all the powers and duties of the regular judge.

Number of attorneys in each state (2024)

The map below shows the number of lawyers in each state per 1,000 residents, with states shaded lighter having fewer lawyers and states shaded darker having more lawyers per 1,000 residents. Hover over each state to see the total number of lawyers and the state population. As of 2024, New York had the highest concentration of lawyers (187,656 total) at 9.59 per 1,000 residents. South Carolina had the lowest concentration of lawyers (11,090 total) at 2.06 per 1,000 residents.

Number of attorneys in Indiana

Attorneys in good standing to practice law in Indiana may serve as a city or town court judge. According to the American Bar Association's 2024 study, there were 15,485 attorneys in Indiana in 2024. Indiana's 2024 population was 6,862,199, meaning the state had 2.26 attorneys per 1,000 residents. The national average is four attorneys per 1,000 residents.

The following map shows the total number of attorneys and the total county population and the percentage of attorneys compared to the national average for a county's population.

Path to the ballot

See also: Amending the Indiana Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Indiana State Senate and the Indiana House of Representatives in two successive legislative sessions with a general election between them. The measure was passed by the legislature during the 2023 legislative session. To appear on the ballot in 2026, the legislative sessions of 2025 or 2026 must also pass the measure.

2023 legislative session

The constitutional amendment was introduced as House Joint Resolution 6 on January 19, 2023. It was passed in the House on February 21, 2023, in a vote of 90-0. with two members not voting and eight members absent. It was passed in the Senate on March 28, 2023, in a vote of 48-0 with one member absent and one member not voting.

Vote in the Indiana House of Representatives February 21, 2023
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	90	0	10
Total percent	90.00%	0.00%	10.00%
Democrat	25	0	5
Republican	65	0	5

Vote in the Indiana State Senate March 28, 2023
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 26  a
	Yes	No	Not voting
Total	48	0	2
Total percent	96.00%	0.00%	4.00%
Democrat	9	0	1
Republican	39	0	1

2025 legislative session

• January 8, 2025: The amendment was introduced by Rep. Michael Aylesworth (R-11) and Sen. Eric Koch (R-44).
• January 8, 2025: The Committee on Courts and Criminal Code passed the amendment.
• January 30, 2025: The House passed the amendment in a vote of 81-7.
• March 6, 2025: The Committee on Judiciary passed the amendment.
• March 17, 2025: The Senate passed the amendment in a vote of 43-3.

Vote in the Indiana House of Representatives January 30, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	81	7	12
Total percent	81.00%	7.00%	12.00%
Democrat	20	7	3
Republican	61	0	9

Vote in the Indiana State Senate March 18, 2025
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 26  a
	Yes	No	Not voting
Total	43	3	4
Total percent	86.00%	6.00%	8.00%
Democrat	7	3	0
Republican	36	0	4

How to cast a vote

See also: Voting in Indiana

See below to learn more about current voter registration rules, identification requirements, and poll times in Indiana.

How to vote in Indiana

Poll times

In Indiana, polls are open from 6:00 a.m. to 6:00 p.m. local time on the date of an election. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Indiana, an individual must be a U.S. citizen who has resided in the precinct in which the individual will be voting for at least 30 days preceding the next election. The individual must be at least 18 years old by the time of the next general or municipal election. Proof of residence is required to register. Registration can be completed online, by mail, or in person. The deadline to register to vote is 29 days before the next election.

Prospective voters can register in person at the following locations:

“

1) a Bureau of Motor Vehicles (“BMV”) license branch while applying for or renewing a driver’s license, permit, or identification card; 2) a public assistance office while applying for services; 3) certain agencies serving persons with disabilities while applying for assistance; 4) armed forces recruitment agencies; 5) county voter registration offices and the Indiana Election Division; and 6) unemployment compensation offices while applying for services. (IC 3-7-14; IC 3-7-15; IC 3-7-16; IC 3-7-19; IC 3-7-18-2; IC 3-7-20.5-1; IC 3-7-20.5-3; IC 3-7-20.5)

”

Automatic registration

Indiana does not practice automatic voter registration.

Online registration

See also: Online voter registration

Indiana has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Indiana does not allow same-day voter registration.

Residency requirements

Indiana law requires 30 days of residency in a precinct before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Indiana does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

Indiana does require voters whose citizenship status cannot be confirmed to submit proof of citizenship under Ind. Code § 3-7-33-4.7 and § 3-7-38.2-7.3.

“

"(b) The NVRA official shall compare the statewide voter registration system with the bureau of motor vehicles list of temporary credentials issued under IC 9-24-11-5(c) or IC 9-24-16-3(f). If evidence exists that a registered voter is not a citizen of the United States, the NVRA official shall notify the county voter registration office of the county in which the individual is registered to vote that the registered voter may not be a citizen of the United States. (c) After receiving a notice under subsection (b), the county voter registration office shall send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. An individual who receives a notice under this subsection shall, within thirty (30) days of receiving the notice, provide proof of citizenship to the county voter registration office in person or by mail. (d) If the individual does not provide proof of citizenship within thirty (30) days of receipt of the notice under subsection (c), the county voter registration office that issued the notice shall cancel the individual's registration."

”

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Indiana Secretary of State website allows residents to check their voter registration status online.

Voter ID requirements

Indiana requires voters to present photo identification at the polls. The following criteria for accepted photo ID was current as of April 2025.

Under Indiana Code 3-5-2-40.5, a voter's photo ID must meet the following four criteria:

1. Must show the name of the voter, conforming to the voter's registration record.
2. Must include a photograph of the voter.
3. Must include an expiration date later than the date of the last general election.
4. Must be issued by the state of Indiana or the U.S. government.

A voter can obtain a free Indiana identification card from the Indiana Bureau of Motor Vehicles.

As of July 1, 2025, an ID issued by an education institution may not be used as voter identification.

Voters who are "indigent, those with a religious objection to being photographed, and those living in state-licensed facilities that serve as their precinct's polling place" can claim an exemption from the voter identification law. If the voter is claiming an exemption based on indigence or a religious objection, the voter can cast a provisional ballot on Election Day and visit the county election office within 10 days to claim the exemption. A voter who is a resident of a state-licensed facility can claim the exemption at the polls on Election Day.

See also

2026 measures

• 2026 ballot measures
• State judiciary on the ballot

Indiana

• Indiana ballot measures
• Indiana ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Indiana House Joint Resolution 6 (2023)
• Indiana House Joint Resolution 1 (2025)

Footnotes

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