CHAPTER 6. NOMINATION BY PETITION FOR INDEPENDENT OR MINOR POLITICAL PARTY CANDIDATES
IC 3-8-6
Chapter 6. Nomination by Petition for Independent or MinorPolitical Party Candidates
IC 3-8-6-1
Application of chapter
Sec. 1. This chapter applies to a candidate for nomination to anelected office who:
(1) is an independent candidate; or
(2) represents a political party not qualified to nominatecandidates in a primary or by convention.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.70.
IC 3-8-6-2
Nomination by petition
Sec. 2. A candidate may be nominated for an elected office bypetition of voters who are registered to vote at the time of signing thepetition and qualified to vote for the candidate.
As added by P.L.5-1986, SEC.4.
IC 3-8-6-3
Required number of signatures
Sec. 3. (a) A petition of nomination must be signed by the numberof voters equal to two percent (2%) of the total vote cast at the lastelection for secretary of state in the election district that thecandidate seeks to represent.
(b) In determining the number of signatures required under thissection, any fraction in excess of a whole number must bedisregarded.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.145.
IC 3-8-6-4
Nature of office sought; independent candidates
Sec. 4. (a) Each candidate nominated by petition under section 2of this chapter must be seeking an office that serves the entire stateor a congressional or legislative district, or the same politicalsubdivision.
(b) For purposes of subsection (a), candidates seeking a fiscal orlegislative body seat elected only by the voters of a district within acounty or municipality and candidates seeking an office to be votedon by all the voters of the county or municipality are considered tobe seeking offices that serve the same political subdivision.
(c) An independent candidate may not include the name of anyother candidate on the petition or request to be placed on the ballotas associated with any other candidate, except for the other candidateincluded on an independent ticket for President and Vice Presidentof the United States or governor and lieutenant governor.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.71;P.L.14-2004, SEC.62.
IC 3-8-6-5
Contents of petition
Sec. 5. (a) A petition of nomination must state all of thefollowing:
(1) The name of each candidate 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) The address of each candidate, including the mailingaddress, if different from the residence address of the candidate.
(3) The office that each candidate seeks.
(4) The information required under IC 3-10-4-5, if the petitionnominates candidates for presidential electors.
(5) That the petitioners desire and are registered and qualifiedto vote for each candidate.
(6) Whether the candidate is affiliated with the same politicalparty as any other candidate or group of candidates that hasfiled or will be filing a petition of nomination with the countyvoter registration office under section 10 of this chapter. Thissubdivision does not apply to an independent candidate.
(b) A petition of nomination must:
(1) designate a brief name of the political party that thecandidates represent;
(2) indicate that the candidate is an independent candidate; or
(3) indicate that the candidates are an independent ticket.
(c) If a political party has previously filed a device with theelection division under IC 3-8-7-11, the petition may incorporate thatdevice by reference in the petition. If a political party has notpreviously filed a device under IC 3-8-7-11, or the petition is for anindependent ticket, the petition of nomination may include a devicefor designating the party or ticket on the ballot.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.47;P.L.3-1993, SEC.72; P.L.3-1995, SEC.59; P.L.3-1997, SEC.146;P.L.202-1999, SEC.7; P.L.14-2004, SEC.63; P.L.230-2005, SEC.30.
IC 3-8-6-5.5
Questions concerning validity of filings
Sec. 5.5. (a) This section applies to a petition of nomination whichstates that a candidate is affiliated with a 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 this chapter; or
(3) whose name would result in voter confusion due to itssimilarity 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.
(c) If the voter affirms under subsection (b) that: (1) the candidate is not the nominee of the political partydescribed in subsection (b)(1);
(2) the candidate is not affiliated with the political partydescribed in subsection (b)(2); or
(3) the name of the political party set forth in the petition wouldcause voter confusion under subsection (b)(3);
the commission or county election board shall determine the validityof the questioned filing under section 14 of this chapter.
(d) Following the filing of a question under subsection (b)(3) andnot later than the deadline for resolution of a question concerning apetition under section 14 of this chapter, all candidates named in thepetition may file a joint written amendment to the petition to alter thename of the political party or to indicate that the candidates areindependent.
(e) If:
(1) the commission or county election board determines that theparty affiliation stated on the petition is described undersubsection (b) and that the affirmation of the voter undersubsection (c) is correct; and
(2) in the case of a determination under subsection (c)(3), thecandidates do not file an amendment under subsection (d);
the commission or board shall deny the filing.
As added by P.L.3-1997, SEC.147. Amended by P.L.14-2004,SEC.64.
IC 3-8-6-6
Signatures; petitioners must be registered to vote
Sec. 6. The signatures to a petition of nomination need not beappended to one (1) paper, but a petitioner may not be counted unlessat the time of signing the petitioner is registered and qualified tovote. 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.
As added by P.L.5-1986, SEC.4.
IC 3-8-6-7
Petitioners to sign nomination petition
Sec. 7. Each petitioner on a petition of nomination must sign thepetitioner's name or have the petitioner's mark attested.
As added by P.L.5-1986, SEC.4.
IC 3-8-6-8
Certification of petitioners as eligible to vote
Sec. 8. For a petition of nomination to be considered valid by theofficer required to receive the petition, the circuit court clerk orboard of registration in the county where the petitioner is registeredmust certify that each petitioner is a voter in the county. Thecertification must accompany and be part of each petition. Thecertification must indicate that each petitioner is eligible to vote for
the candidates being nominated by the petition.
As added by P.L.5-1986, SEC.4.
IC 3-8-6-9
Repealed
(Repealed by P.L.10-1992, SEC.30 and P.L.11-1992, SEC.4.)
IC 3-8-6-10
Time for submitting and filing petition; census
Sec. 10. (a) Except as provided in section 11 of this chapter, apetition of nomination must be submitted to the county voterregistration office of each county in which the election district islocated.
(b) The petition must be filed during the period beginning January1 of the year in which the election will be held and ending at noonJune 30 before the election.
(c) The county voter registration office shall certify and file apetition that complies with the requirements of this chapter with thepublic official authorized to place names on the ballot (and with thetown clerk-treasurer, if the petition of nomination is for a townoffice) not later than noon July 15. Following certification of apetition under this section, the office may, upon the request of acandidate named in the petition, return the original petition to thecandidate for filing with the appropriate official in accordance withthis subsection.
(d) 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 petition of nomination may befiled for an office that will appear on the primary election ballot thatyear 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.118;P.L.1-1988, SEC.6; P.L.10-1988, SEC.48; P.L.2-1990, SEC.7;P.L.3-1997, SEC.148; P.L.176-1999, SEC.32; P.L.260-2001, SEC.1.
IC 3-8-6-11
Town and school board offices; filing of nomination petition
Sec. 11. (a) Whenever a town is wholly or partly located in acounty having a consolidated city, a petition of nomination must befiled with the circuit court clerk of the county having theconsolidated city.
(b) Whenever a town not described in subsection (a) has enteredinto an agreement with a county under IC 3-10-7-4, the petition mustbe filed with the circuit court clerk or board of registration of thatcounty.
(c) Whenever a school corporation is located in more than one (1)county, a petition for the nomination of a candidate to a school boardoffice must be filed with the circuit court clerk or board ofregistration of the county having the greatest percentage ofpopulation of the election district. (d) When a petition is filed under subsection (a), (b), or (c) fornomination to an office whose election district is in more than one(1) county, the circuit court clerk or board of registration shallexamine the voter registration records of each county in the electiondistrict to determine if each petitioner is eligible to vote for thecandidates being nominated by the petition.
As added by P.L.5-1986, SEC.4. Amended by P.L.6-1986, SEC.5;P.L.3-1987, SEC.119; P.L.10-1988, SEC.49; P.L.3-1989, SEC.6.
IC 3-8-6-12
Filing petition of nomination
Sec. 12. (a) A petition of nomination for an office filed undersection 10 of this chapter must be filed with and, except as providedin subsection (d), certified by the person with whom a declaration ofcandidacy must be filed under IC 3-8-2.
(b) The petition of nomination must be accompanied by thefollowing:
(1) The candidate's written consent to become a candidate.
(2) 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.
(3) If the candidate is subject to IC 3-9-1-5, a statement by thecandidate that the candidate has filed a campaign financestatement of organization under IC 3-9-1-5 or is aware that thecandidate may be required to file a campaign finance statementof organization not later than noon seven (7) days after the finaldate for filing a petition for nomination under section 10 of thischapter.
(4) If the candidate is subject to IC 3-9-1-5.5, a statement by thecandidate that the candidate is aware of the requirement to filea campaign finance statement of organization under IC 3-9 afterthe first of either of the following 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.
(5) A statement indicating whether or not each candidate:
(A) has been a candidate for state or local office in aprevious primary or general election; and
(B) has filed all reports required by IC 3-9-5-10 for allprevious candidacies.
(6) A statement that each candidate is legally qualified to holdthe office that the candidate seeks, including any applicableresidency requirements and restrictions on service due to acriminal conviction.
(7) If the petition is filed with the secretary of state for an office
not elected by the electorate of the whole state, a statementsigned by the circuit court clerk of each county in the electiondistrict of the office sought by the individual.
(8) Any statement of economic interests required underIC 3-8-1-33.
(c) The statement required under subsection (b)(7) must:
(1) be certified by each circuit court clerk; and
(2) indicate the number of votes cast for secretary of state:
(A) at the last election for secretary of state; and
(B) in the part of the county included in the election districtof the office sought by the individual filing the petition.
(d) The person with whom the petition of nomination must befiled under subsection (a) shall:
(1) determine whether a sufficient number of signatures asrequired by section 3 of this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures,certify the petition.
(B) If the petition has an insufficient number of signatures,deny the certification.
(e) The secretary of state shall, by noon August 20:
(1) certify; or
(2) deny certification under subsection (d) to;
each petition of nomination filed in the secretary of state's office tothe appropriate county.
(f) The commission shall provide that the form of a petition ofnomination includes the following information near the separatesignature required by subsection (b)(2):
(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.
(g) A candidate's consent to become a candidate must include astatement that the candidate requests the name on the candidate'svoter registration record be the same as the name the candidate useson the consent to become a candidate. If there is a difference betweenthe name on the candidate's consent to become a candidate and thename on the candidate's voter registration record, the officer withwhom the consent to become a candidate is filed shall forward theinformation to the voter registration officer of the appropriate countyas required by IC 3-5-7-6(e). The voter registration officer of theappropriate county shall change the name on the candidate's voterregistration record to be the same as the name on the candidate'sconsent to become a candidate.
(h) If the person with whom the petition was filed deniescertification under subsection (d), the person shall notify thecandidate immediately by certified mail.
(i) A candidate may contest the denial of certification undersubsection (d) based on:
(1) the circuit court clerk's or board of registration's failure tocertify, under section 8 of this chapter, qualified petitioners; or (2) the determination described in subsection (d)(1);
using the procedure in IC 3-8-1-2 and section 14 of this chapter thatapplies to questions concerning the validity of a petition ofnomination.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.120;P.L.10-1988, SEC.50; P.L.4-1991, SEC.41; P.L.3-1995, SEC.60;P.L.3-1997, SEC.149; P.L.253-1997(ss), SEC.1; P.L.176-1999,SEC.33; P.L.202-1999, SEC.8; P.L.14-2000, SEC.4; P.L.26-2000,SEC.7; P.L.66-2003, SEC.14.
IC 3-8-6-13
Special election called by governor; filing of petition
Sec. 13. In a special election called by the governor, a petition ofnomination shall be filed with the circuit court clerk or other publicofficial with whom a petition is required to be filed, at any time afterthe election is called but no later than noon fifty (50) days before thedate of the election.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.121;P.L.10-1988, SEC.51.
IC 3-8-6-13.5
Withdrawal of candidate petition
Sec. 13.5. A candidate may withdraw a petition of nomination bynoon:
(1) July 15 before a general or municipal election; or
(2) forty-five (45) days before a special election.
As added by P.L.3-1987, SEC.122. Amended by P.L.10-1988,SEC.52; P.L.3-1993, SEC.73; P.L.260-2001, SEC.2.
IC 3-8-6-14
Eligibility and consent of candidate; resolution of questionsconcerning validity of petition
Sec. 14. (a) A person may not be selected as a candidate bypetition of nomination without giving written consent and having itfiled with the public official with whom certificates and petitions ofnomination are required to be filed.
(b) Each candidate nominated by petition of nomination mustsatisfy all statutory eligibility requirements for the office for whichthe candidate is nominated, including the filing of statements ofeconomic interest.
(c) All questions concerning the validity of a petition ofnomination filed with the secretary of state or contesting the denialof certification under section 12(d) of this chapter shall be referredto and determined by the commission. A statement questioning thevalidity of a petition of nomination or contesting the denial ofcertification under section 12(d) of this chapter must be filed with theelection division under IC 3-8-1-2(c) or IC 3-8-1-2(e) not later thannoon seventy-four (74) days before the date on which the general ormunicipal election will be held for the office.
(d) All questions concerning the validity of a petition of
nomination filed with a circuit court clerk or contesting the denial ofcertification under section 12(d) of this chapter shall be referred toand determined by the county election board. A statementquestioning the validity of a petition of nomination or contesting thedenial of certification under section 12(d) of this chapter must befiled with the county election board under IC 3-8-1-2(c) orIC 3-8-1-2(e) not later than noon seventy-four (74) days before thedate on which the general or municipal election will be held for theoffice.
(e) This subsection does not apply to a petition of nomination forelection to a school board office subject to IC 3-8-2-14. Thecommission or a county election board shall rule on the validity ofthe petition of nomination or the denial of certification under section12(d) of this chapter not later than noon sixty (60) days before thedate on which the general or municipal election will be held for theoffice.
(f) This subsection applies to a petition of nomination for electionto a school board office elected in a general election. All questionsconcerning the validity of the petition of nomination shall be referredto and determined by the county election board not later than noonfifty-four (54) days before the date of the general election. Astatement questioning the validity of a petition of nomination mustbe filed with the county election board under IC 3-8-1-2(c) not laterthan noon sixty-seven (67) days before the date of the generalelection.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.53;P.L.3-1993, SEC.74; P.L.2-1996, SEC.88; P.L.3-1997, SEC.150;P.L.58-2001, SEC.3; P.L.66-2003, SEC.15.
IC 3-8-6-15
Repealed
(Repealed by P.L.10-1988, SEC.238.)
IC 3-8-6-16
Candidate departing election district without withdrawal ofcandidacy; procedure
Sec. 16. (a) This section applies if a person:
(1) files a petition of nomination under this chapter;
(2) moves from the election district that the person sought torepresent following the filing of the petition of nomination;
(3) does not file a notice of withdrawal of candidacy undersection 13.5 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 13.5 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 if thecandidate represents a political party not qualified to nominatecandidates in a primary or by convention.
As added by P.L.3-1987, SEC.123.
IC 3-8-6-17
Replacement of candidate on petition of nomination
Sec. 17. (a) If:
(1) a petition of nomination contains the name of at least one(1) candidate who seeks to be placed on the ballot as thecandidate of a political party described by section 1 of thischapter; and
(2) a candidate listed on the petition ceases to be a candidateafter the petition is circulated for signature or filed;
the candidate may be replaced on the petition in accordance with thissection.
(b) This subsection applies to a candidate described in subsection(a) who sought a federal, state, or legislative office or a local officedescribed by IC 3-8-2-5. The state chairman of the political partymay file a written statement with the election division stating thename of the substitute candidate. The statement must:
(1) be on a form prescribed by the commission;
(2) state the following:
(A) the name of the individual who ceased to be a candidate;
(B) the date and reason the individual ceased to be acandidate; and
(C) the name of the individual who will replace thecandidate as:
(i) the individual wants the individual's name to appear onthe ballot; and
(ii) the individual's name is permitted to appear on theballot under IC 3-5-7; and
(3) be accompanied by the following:
(A) The replacement candidate's consent to be nominated by
the petition and, if other candidates were listed on thepetition, the signed consent of those candidates to be thereplacement.
(B) The former candidate's statement of withdrawal in aform substantially similar to the form prescribed underIC 3-8-7-28 if the individual withdrew as a candidate.
A replacement candidate's consent to the nomination must include astatement that the candidate requests the name on the candidate'svoter registration record be the same as the name the candidate useson the consent to the nomination. If there is a difference between thename on the candidate's consent to the nomination and the name onthe candidate's voter registration record, the officer with whom theconsent to the nomination is filed shall forward the information tothe voter 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 consent to thenomination.
(c) This subsection applies to a candidate described in subsection(a) who sought a local office other than a local office described byIC 3-8-2-5. The county, city, or town chairman of the political partymay file a written statement that conforms with subsection (b) withthe election board conducting the election for the local office.
(d) The statement required under subsection (b) or (c) must befiled not later than the final date and time for the certification ofpresidential and vice presidential nominees under IC 3-10-4-5.
(e) If a petition of nomination is circulated or filed by anindependent candidate and that individual ceases to be a candidate,another candidate may not be substituted on the petition ofnomination.
As added by P.L.3-1997, SEC.151. Amended by P.L.202-1999,SEC.9; P.L.14-2004, SEC.65.