CHAPTER 3. PRESIDENTIAL PRIMARY CANDIDATES
IC 3-8-3
Chapter 3. Presidential Primary Candidates
IC 3-8-3-1
Written request to place name on ballot
Sec. 1. (a) This section applies to candidates affiliated with amajor political party of the state.
(b) A candidate of a major political party for nomination for theoffice of President of the United States during the period underIC 3-8-2-4 in which a declaration of candidacy may be filed for theprimary election held in the year in which a President is to beelected, shall file with the election division a request that thecandidate's name be placed upon the ballot under the label of thepolitical party whose nomination the candidate is seeking.
(c) A candidate described under subsection (b) may, in thealternative, file the request with the secretary of state. If the secretaryof state receives a request under this subsection, the secretary shallimmediately forward the request to the election division.
(d) Notwithstanding subsection (b), a request filed on the finalday permitted under subsection (b) must be filed with the secretaryof state. For all other purposes under this title, a request filed withthe secretary of state is subject to the same procedures andrequirements as a request filed with the election division.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.36;P.L.3-1997, SEC.133.
IC 3-8-3-2
Petition accompanying request
Sec. 2. (a) A request filed under section 1 of this chapter must beaccompanied by a petition signed by at least four thousand fivehundred (4,500) voters of the state, including at least five hundred(500) voters from each 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the date that the part of the act or order issuedunder IC 3-3-2 establishing the previous congressional districtplan is repealed or superseded.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.3-1995, SEC.54;P.L.126-2002, SEC.30.
IC 3-8-3-3
Validity of petition; certification
Sec. 3. (a) A petition required by section 2 of this chapter mustrequest that the candidate's name be placed on the ballot at theprimary election.
(b) The county voter registration office in the county where thepetitioner 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.3-1997, SEC.134.
IC 3-8-3-4
Time for filing petition
Sec. 4. A petition required by section 2 of this chapter must besubmitted to the county voter registration office during the periodbeginning January 1 of the year in which the primary election will beheld and ending at noon ten (10) days before the final date for filinga declaration of candidacy under IC 3-8-2-4 for the primary election.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.37;P.L.3-1997, SEC.135.
IC 3-8-3-5
Deadline for receipt by election division
Sec. 5. A request or petition filed under this chapter is not validunless received in the office of the election division by noonIndianapolis time on the final day for filing a declaration ofcandidacy under IC 3-8-2-4 before a primary election.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.136.
IC 3-8-3-6
Certification and release of list of candidates
Sec. 6. Immediately after the deadline for filing, the electiondivision shall certify and release to the public a list of the candidatesfor nomination as President of the United States for each politicalparty who have filed a request for placement on the primary ballotunder this chapter. The election division shall also release to thepublic a list of all requests whose validity has been questioned underIC 3-8-1-2.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.137.
IC 3-8-3-7
Questions concerning validity of request
Sec. 7. All questions concerning the validity of a request shall bedetermined by the commission not later than the deadline to act uponquestions concerning primary candidates under IC 3-8-2-18.
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.87;P.L.3-1997, SEC.138.
IC 3-8-3-8
Certified list of candidates
Sec. 8. (a) Not later than the date prescribed under IC 3-8-2-17 fortransmitting a certified list of candidates before a presidentialprimary election, the election division shall transmit to each countyelection board a certified list containing the name of each personqualified as a candidate for nomination for the office of President ofthe United States and the name of the political party whosenomination the candidate is seeking. This list may be amended in thesame manner prescribed by IC 3-8-2-17.
(b) Except in accordance with an amendment to the certified list,each county election board shall have the names of the candidatescertified by the election division placed on the ballot as provided bylaw.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.139.
IC 3-8-3-9
Sending copy of returns to election division
Sec. 9. (a) Each circuit court clerk shall, not later than noon on thesecond Monday after the day the primary election is held, send to theelection division by certified mail or hand delivery one (1) completecopy of all returns for presidential candidates. The clerk shall statethe number of votes received by each candidate in each congressionaldistrict within the county.
(b) A statement described in subsection (a) may be sent by usingthe computerized list established under IC 3-7-26.3. A statement sentunder this section complies with any requirement for the statementto be certified or sealed.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.100;P.L.3-1997, SEC.140; P.L.81-2005, SEC.30; P.L.221-2005, SEC.14;P.L.230-2005, SEC.26; P.L.1-2006, SEC.3.
IC 3-8-3-10
Certification of result of presidential primary vote to statechairmen
Sec. 10. The election division shall tabulate the results submittedunder section 9 of this chapter and promptly certify to the statechairman of each political party the result of the presidential primaryvote for the candidates of that party.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.101;P.L.3-1997, SEC.141.
IC 3-8-3-11
Delegates to national convention; support of candidate on firstballot
Sec. 11. A delegate or alternate delegate selected from acongressional district to the national convention of a political partyshall, on the first ballot at the national convention, support thecandidate for President of the United States who received the highestnumber of votes in the congressional district at the primary election
if the person is in fact a candidate at the convention. Adelegate-at-large or alternate delegate-at-large to the nationalconvention is not required to support a specific candidate forPresident on any ballot at the convention.
As added by P.L.5-1986, SEC.4.