CHAPTER 2. DECLARATION OF CANDIDACY FOR FEDERAL, STATE, LEGISLATIVE, OR LOCAL OFFICE IN PRIMARY ELECTION
IC 3-8-2
Chapter 2. Declaration of Candidacy for Federal, State,Legislative, or Local Office in Primary Election
IC 3-8-2-1
Application of chapter
Sec. 1. This chapter applies to the following:
(1) Each political party in the state whose nominee received atleast ten percent (10%) of the total vote cast for secretary ofstate at the last election.
(2) Write-in candidates.
As added by P.L.5-1986, SEC.4. Amended by P.L.4-1991, SEC.33.
IC 3-8-2-2
Necessity of declaration of candidacy for nomination at primaryelection
Sec. 2. A person who desires to be nominated at a primaryelection as a candidate of a political party subject to this chapter fora federal, state, legislative, or local office shall file a declaration ofcandidacy.
As added by P.L.5-1986, SEC.4.
IC 3-8-2-2.2
Petition of nomination filed by school board office candidate
Sec. 2.2. (a) A candidate for a school board office must file apetition of nomination in accordance with IC 3-8-6 and as requiredunder IC 20-23-12, IC 20-23-14, or IC 20-23-4. The petition ofnomination, once filed, serves as the candidate's declaration ofcandidacy for a school board office.
(b) A candidate for a school board office is not required to file astatement of organization for the candidate's principal committee bynoon seven (7) days after the final date for filing a petition ofnomination or declaration of intent to be a write-in candidate unlessthe candidate has received contributions or made expendituresrequiring the filing of a statement under IC 3-9-1-5.5.
As added by P.L.3-1995, SEC.49. Amended by P.L.26-2000, SEC.5;P.L.1-2005, SEC.53.
IC 3-8-2-2.5
Requirements for write-in candidates
Sec. 2.5. (a) A person who desires to be a write-in candidate fora federal, state, legislative, or local office or school board office ina general, municipal, or school board election must file a declarationof intent to be a write-in candidate with the officer with whomdeclaration of candidacy must be filed under sections 5 and 6 of thischapter.
(b) The declaration of intent to be a write-in candidate requiredunder subsection (a) must be signed before a person authorized toadminister oaths and must certify the following information:
(1) The candidate's name must be printed or typewritten as: (A) the candidate wants the candidate's name to be certified;and
(B) the candidate's name is permitted to appear underIC 3-5-7.
(2) A statement that the candidate is a registered voter and thelocation of the candidate's precinct and township (or ward andcity or town), county, and state.
(3) The candidate's complete residence address, and if thecandidate's mailing address is different from the residenceaddress, the mailing address.
(4) The candidate's party affiliation or a statement that thecandidate is an independent candidate (not affiliated with anyparty). For purposes of this subdivision, a candidate is affiliatedwith a political party only if the candidate satisfies section7(a)(4) of this chapter.
(5) A statement of the candidate's intention to be a write-incandidate, the name of the office, including the district, and thedate and type of election.
(6) If the candidate is a candidate for the office of President orVice President of the United States, a statement declaring thenames of the individuals who have consented and are eligibleto be the candidate's candidates for presidential electors.
(7) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaignfinance and the reporting of campaign contributions andexpenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required bythis subdivision.
(8) A statement as to whether the candidate has:
(A) been a candidate for state or local office in a previousprimary or general election; and
(B) filed all reports required by IC 3-9-5-10 for all previouscandidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that thecandidate has filed a campaign finance statement oforganization for the candidate's principal committee or is awarethat the candidate may be required to file a campaign financestatement of organization not later than noon seven (7) daysafter the final date to file the declaration of intent to be awrite-in candidate under section 4 of this chapter.
(10) If the candidate is subject to IC 3-9-1-5.5, a statement thatthe candidate is required to file a campaign finance statement oforganization under IC 3-9 after the first of either of thefollowing occurs:
(A) The candidate receives more than five hundred dollars($500) in contributions.
(B) The candidate makes more than five hundred dollars($500) in expenditures.
(11) A statement that the candidate complies with all
requirements under the laws of Indiana to be a candidate for theabove named office, including any applicable residencyrequirements, and that the candidate is not ineligible to be acandidate due to a criminal conviction that would prohibit thecandidate from serving in the office.
(12) The candidate's signature and telephone number.
(c) At the time of filing the declaration of intent to be a write-incandidate, the write-in candidate is considered a candidate for allpurposes.
(d) A write-in candidate must comply with the requirements underIC 3-8-1 that apply to the office to which the write-in candidate seekselection.
(e) A person may not be a write-in candidate in a contest fornomination or for election to a political party office.
(f) A write-in candidate for the office of President or VicePresident of the United States must list at least one (1) candidate forpresidential elector and may not list more than the total number ofpresidential electors to be chosen in Indiana.
(g) The commission shall provide that the form of a declarationof intent to be a write-in candidate includes the followinginformation near the separate signature required by subsection (b)(7):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reportsunder IC 3-9.
(h) A declaration of intent to be a write-in candidate must includea statement that the candidate requests the name on the candidate'svoter registration record be the same as the name the candidate useson the declaration of intent to be a write-in candidate. If there is adifference between the name on the candidate's declaration of intentto be a write-in candidate and the name on the candidate's voterregistration record, the officer with whom the declaration of intentto be a write-in candidate is filed shall forward the information to thevoter registration officer of the appropriate county as required byIC 3-5-7-6(e). The voter registration officer of the appropriate countyshall change the name on the candidate's voter registration record tobe the same as the name on the candidate's declaration of intent to bea write-in candidate.
As added by P.L.4-1991, SEC.34. Amended by P.L.1-1992, SEC.3;P.L.10-1992, SEC.11; P.L.3-1993, SEC.57; P.L.3-1995, SEC.50;P.L.3-1997, SEC.118; P.L.202-1999, SEC.2; P.L.26-2000, SEC.6;P.L.66-2003, SEC.13.
IC 3-8-2-2.6
Write-in candidate for school board office at primary; declarationof intent; withdrawal of candidacy; questioning validity ofdeclaration
Sec. 2.6. (a) This section applies to a write-in candidate for aschool board office to be elected on the same election day that aprimary election is conducted.
(b) A: (1) declaration of intent to be a write-in candidate; or
(2) withdrawal of a declaration;
must be subscribed and sworn to before an individual authorized toadminister oaths.
(c) A declaration of intent to be a write-in candidate for a schoolboard office must be filed:
(1) not earlier than the first date specified in IC 3-8-6-10(b) forthe timely filing of a petition of nomination; and
(2) not later than noon seventy-four (74) days before theprimary election.
(d) A candidate may withdraw a declaration of intent filed undersubsection (c) not later than noon seventy-one (71) days before theprimary election.
(e) A question concerning the validity of a declaration of intent tobe a write-in candidate for a school board office must be filed withthe county election board under IC 3-8-1-2(c) not later than noonsixty-seven (67) days before the date of the primary election. Thecounty election board shall determine all questions regarding thevalidity of the declaration not later than noon fifty-four (54) daysbefore the date of the primary election.
As added by P.L.164-2006, SEC.56.
IC 3-8-2-2.7
Withdrawal of a write-in candidate other than school boardcandidate at primary
Sec. 2.7. (a) This subsection does not apply to a write-in candidatefor school board office who is subject to section 2.6(c) of thischapter. A candidate may withdraw a declaration of intent to be awrite-in candidate not later than noon July 15 before a general ormunicipal election.
(b) This subsection applies to a candidate who filed a declarationof intent to be a write-in candidate with the election division. Theelection division shall issue a corrected certification of write-incandidates under IC 3-8-7-30 as soon as practicable after adeclaration is withdrawn under this section.
As added by P.L.3-1993, SEC.58. Amended by P.L.3-1997, SEC.119;P.L.14-2004, SEC.53; P.L.164-2006, SEC.57.
IC 3-8-2-3
Precinct committeeman or delegate to state convention; necessityof declaration of candidacy
Sec. 3. A person who desires to be elected either or both of thefollowing at a primary election shall file a declaration of candidacy:
(1) Precinct committeeman.
(2) Delegate to a state convention.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.51.
IC 3-8-2-4
Time for filing and execution of declaration of candidacy;declaration of intent to be a write-in candidate Sec. 4. (a) A declaration of candidacy for a primary election mustbe filed not later than noon seventy-four (74) days and not earlierthan one hundred four (104) days before the primary election. Thedeclaration must be subscribed and sworn to before a personauthorized to administer oaths.
(b) This subsection does not apply to a write-in candidate forschool board office who is subject to section 2.6(c) of this chapter.A declaration of intent to be a write-in candidate must be filed:
(1) not earlier than the first date specified in IC 3-8-6-10(b) forthe timely filing of a petition of nomination; and
(2) not later than noon on the date specified by IC 3-13-1-15(c)for a major political party to file a certificate of candidateselection.
The declaration must be subscribed and sworn to before a personauthorized to administer oaths.
(c) During a year in which a federal decennial census, federalspecial census, special tabulation, or corrected population countbecomes effective under IC 1-1-3.5, a declaration of:
(1) candidacy may be filed for an office that will appear on theprimary election ballot; or
(2) intent to be a write-in candidate for an office that willappear on the general, municipal, or school board electionballot;
that year as a result of the new tabulation of population or correctedpopulation count.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.96;P.L.1-1988, SEC.5; P.L.10-1988, SEC.32; P.L.5-1989, SEC.23;P.L.2-1990, SEC.6; P.L.4-1991, SEC.35; P.L.10-1992, SEC.12;P.L.3-1993, SEC.59; P.L.3-1997, SEC.120; P.L.14-2004, SEC.54;P.L.230-2005, SEC.23; P.L.164-2006, SEC.58.
IC 3-8-2-5
Filing with secretary of state
Sec. 5. A declaration of candidacy for:
(1) a federal office;
(2) a state office;
(3) a legislative office; or
(4) the local office of:
(A) judge of a circuit, superior, probate, county, or smallclaims court; or
(B) prosecuting attorney of a judicial circuit;
shall be filed with the secretary of state.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.97;P.L.5-1988, SEC.2.
IC 3-8-2-6
Certain local offices; filing declaration of candidacy; posting
Sec. 6. (a) A declaration of candidacy for:
(1) any local office not described in section 5 of this chapter;
(2) precinct committeeman; or (3) delegate to a state convention;
shall be filed in the office of the county election board located in thecounty seat.
(b) Whenever the election district for a local office includes morethan one (1) county, the declaration of candidacy shall be filed in theoffice of the county election board located in the county seat of thecounty that contains the greatest percentage of population of theelection district.
(c) This subsection applies to a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000). The chief deputy of the combinedelection board and board of registration shall post for publicinspection a copy of each declaration of candidacy filed under thissection on the day the declaration is filed.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.98;P.L.7-1991, SEC.1; P.L.12-1992, SEC.5; P.L.3-1997, SEC.121.
IC 3-8-2-7
Declaration of candidacy
Sec. 7. (a) The declaration of each candidate required by thischapter must be signed before a person authorized to administeroaths and contain the following information:
(1) The candidate's name, printed or typewritten as:
(A) the candidate wants the candidate's name to appear onthe ballot; and
(B) the candidate's name is permitted to appear on the ballotunder IC 3-5-7.
(2) A statement that the candidate is a registered voter and thelocation of the candidate's precinct and township (or ward andcity or town), county, and state.
(3) The candidate's complete residence address, and if thecandidate's mailing address is different from the residenceaddress, the mailing address.
(4) A statement of the candidate's party affiliation. For purposesof this subdivision, a candidate is considered to be affiliatedwith a political party only if any of the following applies:
(A) The most recent primary election in which the candidatevoted was a primary election held by the party with whichthe candidate claims affiliation.
(B) The candidate has never voted in a primary election andclaims a party affiliation.
(C) The county chairman of:
(i) the political party with which the candidate claimsaffiliation; and
(ii) the county in which the candidate resides;
certifies that the candidate is a member of the political party.
The declaration of candidacy must inform candidates how partyaffiliation is determined under this subdivision and permit thecandidate to indicate on the declaration of candidacy which ofclauses (A), (B), or (C) applies to the candidate. If a candidate
claims party affiliation under clause (C), the candidate mustattach to the candidate's declaration of candidacy the writtencertification of the county chairman required by clause (C).
(5) A statement that the candidate complies with allrequirements under the laws of Indiana to be a candidate for theabove named office, including any applicable residencyrequirements, and that the candidate is not ineligible to be acandidate due to a criminal conviction that would prohibit thecandidate from serving in the office.
(6) A request that the candidate's name be placed on the officialprimary ballot of that party to be voted on, the office for whichthe candidate is declaring, and the date of the primary election.
(7) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaignfinance and the reporting of campaign contributions andexpenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required bythis subdivision.
(8) A statement as to whether the candidate has been acandidate for state or local office in a previous primary orgeneral election and whether the candidate has filed all reportsrequired by IC 3-9-5-10 for all previous candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that thecandidate has filed a campaign finance statement oforganization for the candidate's principal committee or is awarethat the candidate may be required to file a campaign financestatement of organization not later than noon seven (7) daysafter the final date to file the declaration of candidacy undersection 11 of this chapter.
(10) The candidate's signature.
(b) The commission shall provide that the form of a declarationof candidacy includes the following information near the separatesignature required by subsection (a)(7):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reportsunder IC 3-9.
(c) A declaration of candidacy must include a statement that thecandidate requests the name on the candidate's voter registrationrecord be the same as the name the candidate uses on the declarationof candidacy. If there is a difference between the name on thecandidate's declaration of candidacy and the name on the candidate'svoter registration record, the officer with whom the declaration ofcandidacy is filed shall forward the information to the voterregistration officer of the appropriate county as required byIC 3-5-7-6(e). The voter registration officer of the appropriate countyshall change the name on the candidate's voter registration record tobe the same as the name on the candidate's declaration of candidacy.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.60;P.L.3-1995, SEC.52; P.L.3-1997, SEC.122; P.L.202-1999, SEC.3;
P.L.167-2001, SEC.1 and P.L.199-2001, SEC.15; P.L.69-2003,SEC.2.
IC 3-8-2-8
Petition for candidacy for U.S. Senator or governor
Sec. 8. (a) A declaration of candidacy for the office of UnitedStates Senator or for the office of governor must be accompanied bya petition signed by at least four thousand five hundred (4,500)voters of the state, including at least five hundred (500) voters fromeach congressional district.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner.
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan hasbeen adopted under IC 3-3; and
(2) ending on the date that the part of the act or order issuedunder IC 3-3-2 establishing the previous congressional districtplan is repealed or superseded.
The petition must be signed by at least four thousand five hundred(4,500) voters of Indiana, including at least five hundred (500) votersfrom each congressional district created by the most recentcongressional district plan adopted under IC 3-3.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1992, SEC.13;P.L.126-2002, SEC.29.
IC 3-8-2-9
Form of petition; certification
Sec. 9. (a) A petition required by section 8 of this chapter mustrequest that the name of the candidate be placed on the ballot at theprimary election.
(b) The county voter registration office in the county where apetitioner is registered must certify whether each petitioner is a voterof the county. The certification must accompany and be part of thepetition.
(c) If a county is part of more than one (1) congressional district,the certificate must indicate the number of petitioners from thatcounty who reside in each congressional district.
As added by P.L.5-1986, SEC.4. Amended by P.L.38-1999, SEC.24.
IC 3-8-2-10
Submission of petition to circuit court clerk or board ofregistration; time
Sec. 10. A petition required by section 8 of this chapter must besubmitted to the circuit court clerk or board of registration during theperiod beginning January 1 of the year in which the primary electionwill be held and ending at noon seventy-seven (77) days before theprimary election.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.33;
P.L.5-1989, SEC.24.
IC 3-8-2-11
Filing declaration of candidacy; time for filing; economic interestor financial disclosure statement
Sec. 11. (a) A declaration of candidacy may be made by mail andis considered filed as of the date and hour the filing occurs in themanner described by IC 3-5-2-24.5 in the office of the electiondivision or circuit court clerk.
(b) A declaration is not valid unless filed in the office of theelection division or circuit court clerk by noon on the seventy-fourthday before a primary election.
(c) This subsection applies to a candidate required to file astatement of economic interest under IC 2-2.1-3-2 or IC 33-23-11-15or a financial disclosure statement under IC 4-2-6-8. The electiondivision shall require the candidate to produce a:
(1) copy of the statement, file stamped by the office required toreceive the statement of economic interests; or
(2) receipt showing that the statement has been filed;
before the election division accepts the declaration for filing. Theelection division shall reject a filing that does not comply with thissubsection.
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.25;P.L.3-1993, SEC.61; P.L.3-1997, SEC.123; P.L.230-2005, SEC.24;P.L.164-2006, SEC.59.
IC 3-8-2-12
Confirmation statement
Sec. 12. Not more than one (1) day after a person files adeclaration of candidacy in the office of the election division orcircuit court clerk, the election division or circuit court clerk shallhand deliver to the candidate (or mail to the candidate at the addresslisted in the declaration) a statement showing the following:
(1) That the candidate has filed a declaration.
(2) The name of the candidate.
(3) The office for which the declarant is a candidate.
(4) The date on which the declaration was filed.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.53;P.L.3-1997, SEC.124.
IC 3-8-2-12.5
Declaration of intent to be write-in candidate; party affiliation
Sec. 12.5. (a) This section applies to a declaration of intent to bea write-in candidate in which the candidate states that the candidateis affiliated with the political party.
(b) If a candidate claims affiliation with a political party:
(1) described by IC 3-8-4-1;
(2) of a candidate who has previously filed a petition ofnomination under IC 3-8-6; or
(3) whose name would result in voter confusion due to its
similarity with the name of a political party described insubdivision (1) or (2);
a registered voter of the election district may question the validity ofthe filing in accordance with IC 3-8-1-2. The commission or countyelection board shall determine the validity of the questioned filingunder section 14 or section 18 of this chapter.
(c) Following the filing of a question under subsection (b) and notlater than the deadline for resolution of a question concerning acandidacy under section 14 or section 18 of this chapter, a candidatemay file a written amendment to the declaration to alter the name ofthe political party or to indicate that the candidate is independent.
(d) If:
(1) the commission or county election board determines that thecandidate's stated party affiliation is described under subsection(c); and
(2) the candidate does not file an amendment under subsection(d);
the commission or board shall deny the filing.
As added by P.L.3-1997, SEC.125.
IC 3-8-2-13
Release of list of candidates
Sec. 13. Immediately after the deadline for filing, the electiondivision and each circuit court clerk shall certify and release to thepublic a list of the candidates of each political party for each office.The election division and circuit court clerk shall also release to thepublic a list of all declarations of candidacy whose validity has beenquestioned under IC 3-8-1-2.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.126.
IC 3-8-2-14
Questions concerning validity of declaration
Sec. 14. (a) All questions concerning the validity of a declarationfiled with the secretary of state shall be referred to and determinedby the commission in accordance with section 18 of this chapter. Astatement questioning the validity of a declaration must be filed withthe election division under IC 3-8-1-2(c) not later than noonsixty-seven (67) days before the date of the primary election.
(b) All questions concerning the validity of a declaration ofcandidacy filed with a circuit court clerk shall be referred to anddetermined by the county election board not later than noonfifty-four (54) days before the date of the primary election. Astatement questioning the validity of a declaration must be filed withthe county election board under IC 3-8-1-2(c) not later than noonsixty-seven (67) days before the date of the primary election.
(c) A question concerning the validity of a declaration of intent tobe a write-in candidate shall be determined by the commission or thecounty election board not later than noon sixty-seven (67) daysbefore election day. A statement questioning the validity of adeclaration of intent to be a write-in candidate must be filed with the
election division or county election board under IC 3-8-1-2(c) notlater than noon seventy-four (74) days before election day.
As added by P.L.5-1986, SEC.4. Amended by P.L.4-1991, SEC.36;P.L.3-1993, SEC.62; P.L.2-1996, SEC.85; P.L.58-2001, SEC.1;P.L.14-2004, SEC.55.
IC 3-8-2-15
Declarations for more than one compensated office; school boardcandidates
Sec. 15. (a) A person who files a declaration of candidacy for anelected office for which a per diem or salary is provided for by lawis disqualified from filing a declaration of candidacy for anotheroffice for which a per diem or salary is provided for by law until theoriginal declaration is withdrawn.
(b) A person may file both:
(1) a declaration of candidacy under this chapter for nominationto a federal or state office; and
(2) a written request under IC 3-8-3-1 that the person's name beplaced on the ballot in a primary election as a candidate fornomination for the office of President of the United States.
(c) A person may not file:
(1) a declaration of candidacy for a nomination; and
(2) a petition of nomination or declaration of intent to be awrite-in candidate for a school board office that is elected at thesame time as the primary election.
If a person files both a declaration of candidacy and a petition ofnomination described in this subsection, the matter shall be referredto the county election board under section 18 of this chapter. Theboard shall determine which document was most recently filed andshall consider the previously filed document to have been withdrawn.
As added by P.L.5-1986, SEC.4. Amended by P.L.12-1988, SEC.1;P.L.3-1997, SEC.127; P.L.176-1999, SEC.31.
IC 3-8-2-16
Declarations for more than one political party
Sec. 16. A person who files a declaration of candidacy for anelected office may not file a declaration of candidacy for that officein the same primary election for a different political party until theoriginal declaration is withdrawn.
As added by P.L.5-1986, SEC.4.
IC 3-8-2-17
Certified list of candidates
Sec. 17. (a) At least sixty (60) days before a primary election ina county, the election division shall transmit to each county electionboard a certified list containing the name and address of each personfor whom a declaration of candidacy has been filed with the electiondivision and for which voters at the primary election may vote.
(b) The list must designate the office for which the person is acandidate and the political party the person represents. (c) If the commission determines under section 18 of this chapterthat the certified list of candidates should be amended to add orremove the name of a candidate, as soon as practicable after thisdetermination, the election division shall transmit the county electionboard an amendment indicating the change to be made in thecertified list.
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.26;P.L.3-1997, SEC.128.
IC 3-8-2-18
Questions concerning declarations of candidacy
Sec. 18. (a) The commission shall act upon a question concerninga declaration of candidacy not later than noon fifty-four (54) daysbefore the date of the primary election.
(b) The notice requirements set forth in IC 4-21.5 do not apply tothe meeting conducted by the commission under subsection (a). Theelection division is required to give the best possible notice of themeeting to a person that the election division identifies as aninterested party. Unless a written objection is filed with the electiondivision before the end of the meeting, appearance in person or bycounsel at the commission's meeting to act under subsection (a)constitutes an admission that adequate notice of the meeting has beengiven.
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.27;P.L.2-1996, SEC.86; P.L.3-1997, SEC.129; P.L.58-2001, SEC.2.
IC 3-8-2-19
Publishing and filing notice of election
Sec. 19. (a) Upon receipt of the certified list under section 17 ofthis chapter, a county election board shall immediately compileunder the proper political party designation the following:
(1) The title of each office.
(2) The name of each individual who has filed a request to beplaced on the presidential primary ballot.
(3) The names and addresses of all persons for whomdeclarations of candidacy have been filed for nomination to anoffice on the primary election ballot.
(4) The names and addresses of all persons who have filed apetition of nomination for election to a school board office to bechosen at the same time as the primary election.
(5) The text of any public question to be placed on the ballot.
(6) The date of the primary election.
(7) The hours during which the polls will be open.
(b) The county election board shall do the following:
(1) Publish the information described in subsection (a) beforethe primary election in accordance with IC 5-3-1.
(2) File a copy of the information described in subsection (a):
(A) with the election division; and
(B) in the minutes of the county election board.
(c) The county election board shall file the copies required under
subsection (b)(2) not later than noon, ten (10) days before electionday.
(d) An election is not invalidated by the failure of the board tocomply with this section.
(e) If the county election board receives an amendment from theelection division under section 17 of this chapter after:
(1) compilation of the information described in subsection (a)has occurred; or
(2) the board determines that it is impractical to recompilecompletely revised information;
the board is only required to file a copy of the amendment with theminutes of the board.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.34;P.L.3-1997, SEC.130; P.L.38-1999, SEC.25.
IC 3-8-2-20
Notice of withdrawal of candidacy
Sec. 20. (a) A person who files a declaration of candidacy underthis chapter may, at any time not later than noon seventy-one (71)days before the date set for holding the primary election, file astatement with the same office where the person filed the declarationof candidacy, stating that the person is no longer a candidate anddoes not wish the person's name to appear on the primary electionballot as a candidate.
(b) A candidate who is disqualified from being a candidate underIC 3-8-1-5 must file a notice of withdrawal immediately uponbecoming disqualified. The filing requirements of subsection (a) donot apply to a notice of withdrawal filed under this subsection.
(c) A candidate who has moved from the election district thecandidate sought to represent must file a notice of withdrawalimmediately after changing the candidate's residence. The filingrequirements of subsection (a) do not apply to a notice of withdrawalfiled under this subsection.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.35;P.L.5-1989, SEC.28; P.L.4-1991, SEC.37; P.L.3-1997, SEC.131;P.L.9-2004, SEC.9; P.L.230-2005, SEC.25.
IC 3-8-2-21
Withdrawal of declaration of candidacy
Sec. 21. Upon receipt of notice under section 20 of this chapter,the election division or county election board shall indicate in therecords of the division or board that the declaration of candidacy hasbeen withdrawn and may not certify the name of the person as acandidate to be voted for at the primary election.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.132.
IC 3-8-2-22
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-8-2-23
Candidate moving from district in which running; action uponfailure to withdraw
Sec. 23. (a) This section applies if a person:
(1) files a declaration of candidacy under this chapter;
(2) moves from the election district that the person sought torepresent following the filing of the declaration of candidacy;
(3) does not file a notice of withdrawal of candidacy undersection 20 of this chapter; and
(4) is no longer an active candidate.
(b) The county chairman of any political party on the ballot in theelection district or a candidate for the office sought by the persondescribed in subsection (a) may, upon determining that this sectionapplies, file an action in the circuit court in the county where theperson described in subsection (a) resided. The complaint in thisaction must:
(1) state that this section applies to the person;
(2) name the person described in subsection (a) and the publicofficial responsible for placing that person's name on the ballotas defendants; and
(3) be filed no later than a notice of withdrawal could have beenfiled under section 20 of this chapter.
(c) When a complaint is filed under subsection (b), the circuitcourt shall conduct a hearing and rule on the petition within ten (10)days after it is filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancyoccurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the persondescribed in subsection (a); and
(B) a candidate on the ballot for the office sought by theperson described in subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1.
As added by P.L.3-1987, SEC.99.