CHAPTER 7. CANDIDATE DESIGNATIONS ON THE BALLOT
IC 3-5-7
Chapter 7. Candidate Designations on the Ballot
IC 3-5-7-1
Applicability of chapter
Sec. 1. This chapter does not apply to the following:
(1) A candidate for precinct committeeman.
(2) A candidate for delegate to a political party convention.
As added by P.L.202-1999, SEC.1.
IC 3-5-7-2
"Designation" defined
Sec. 2. As used in this chapter, "designation" refers to a name, anickname, an initial, an abbreviation, or a number used to identify anindividual.
As added by P.L.202-1999, SEC.1.
IC 3-5-7-3
"Name" defined
Sec. 3. As used in this chapter, "name" refers to any of thefollowing:
(1) An individual's given name.
(2) An individual's surname.
(3) An individual's middle name.
As added by P.L.202-1999, SEC.1.
IC 3-5-7-4
Candidate's legal name
Sec. 4. (a) For purposes of placement of a candidate's name on theballot, a candidate's legal name is determined under this section.
(b) Except as provided in subsection (c), a candidate's legal nameis considered to be the name shown on the candidate's birthcertificate.
(c) If a candidate:
(1) uses a name after marriage as described in subsection (d); or
(2) takes a name through a judicial proceeding that is differentfrom the name shown on the candidate's birth certificate;
the most recent name used after marriage or taken in the judicialproceeding is considered to be the candidate's legal name.
(d) A name a candidate uses after marriage is considered thecandidate's legal name if the name satisfies any of the following:
(1) The name is the name appearing on the candidate's birthcertificate.
(2) The name is the name used by the candidate as an applicantfor the marriage license.
(3) The name is any combination of the names the candidateand the candidate's spouse used as applicants for their marriagelicense.
As added by P.L.202-1999, SEC.1.
IC 3-5-7-5
Designations used on ballot
Sec. 5. (a) A candidate may use on the ballot any combination ofdesignations permitted by this section.
(b) A candidate may not use on the ballot a designation other thana designation permitted by this section.
(c) Subject to subsections (d) and (e), a candidate may usedesignations on the ballot as follows:
(1) The first designation that a candidate uses on the ballot maybe one (1) of the following:
(A) The candidate's legal given name.
(B) The initial of the candidate's legal given name.
(C) The candidate's legal middle name.
(D) The initial of the candidate's legal middle name.
(E) The candidate's nickname.
(2) After the designation used under subdivision (1), acandidate may use any of the following designations if not usedunder subdivision (1):
(A) The candidate's legal middle name.
(B) The initial of the candidate's legal middle name.
(C) The candidate's nickname.
(D) The candidate's legal surname.
(3) After a designation used under subdivision (2), a candidatemay use the following if not used under subdivision (1) or (2):
(A) The candidate's nickname.
(B) The candidate's legal surname.
(4) After a designation used under subdivision (3), a candidatemay use the candidate's legal surname on the ballot if not usedunder subdivision (2) or (3).
(5) After a candidate's legal surname, a candidate may use anyof the following designations:
(A) Sr.
(B) Jr.
(C) A numerical designation such as "II" or "III".
(d) A candidate may use a nickname on the ballot only if thenickname satisfies the following:
(1) The nickname is a name by which the candidate iscommonly known.
(2) The nickname does not exceed twenty (20) characters.
(3) The nickname complies with subsection (e).
(4) Unless the candidate uses the nickname as the firstdesignation under subsection (c)(1), the nickname must appearin parentheses.
(e) A candidate may not use a:
(1) title or degree as a designation; or
(2) designation that implies a title or degree.
As added by P.L.202-1999, SEC.1.
IC 3-5-7-6
Candidacy documents Sec. 6. (a) This section does not apply to any of the following:
(1) A candidate in a presidential primary election underIC 3-8-3.
(2) A candidate for President of the United States.
(3) A candidate for Vice President of the United States.
(b) As used in this section, "candidacy document" refers to any ofthe following:
(1) A declaration of intent to be a write-in candidate.
(2) A declaration of candidacy.
(3) A consent to the nomination.
(4) A consent to become a candidate.
(5) A certificate of candidate selection.
(6) A consent filed under IC 3-13-2-7.
(7) A statement filed under IC 33-24-2 or IC 33-25-2.
(c) Whenever a candidate files a candidacy document on whichthe candidate uses a name that is different from the name set forth onthe candidate's voter registration record, the candidate's signature onthe candidacy document constitutes a request to the county voterregistration office that the name on the candidate's voter registrationrecord be the same as the name the candidate uses on the candidacydocument.
(d) A request by a candidate under this section is considered filedwith the county voter registration office when the candidacydocument is filed with the election division or the county electionboard.
(e) The election division or the county election board shallforward a request filed under this section to the county voterregistration office not later than seven (7) days after receiving therequest.
As added by P.L.202-1999, SEC.1. Amended by P.L.98-2004,SEC.25.
IC 3-5-7-7
Complaints filed against candidates
Sec. 7. (a) A registered voter of the election district a candidateseeks to represent may file a sworn statement with the electiondivision or a county election board under IC 3-8-1-2 if a candidateuses on the ballot a designation not permitted by section 5 of thischapter.
(b) A complaint filed under this section must contain thefollowing information:
(1) The legal name of the candidate who has used a designationnot permitted by section 5 of this chapter.
(2) The designation the candidate has used that is not permittedunder section 5 of this chapter.
(c) If the commission or county election board finds that thecandidate used a designation not permitted by section 5 of thischapter, the candidate is considered to have withdrawn thecandidate's candidacy.
As added by P.L.202-1999, SEC.1. Amended by P.L.14-2004, SEC.8.