CHAPTER 7. CERTIFICATION OF NOMINEES AND BALLOT PLACEMENT
IC 3-8-7
Chapter 7. Certification of Nominees and Ballot Placement
IC 3-8-7-1
Candidate receiving highest vote
Sec. 1. The candidate of a political party receiving the highestvote for an office at a primary election is the nominee of that partyfor that office.
As added by P.L.5-1986, SEC.4.
IC 3-8-7-2
Certification of primary results by election division
Sec. 2. The election division shall, not later than noonseventy-four (74) days before the date of the general election, certifythe primary election results canvassed and tabulated underIC 3-10-1-34 for:
(1) candidates for federal and state offices; and
(2) candidates for legislative and local offices who are requiredto file a declaration of candidacy with the election divisionunder IC 3-8-2;
to the county election board of each county in which the candidatesare to be voted for at the next general election. No other form ofcertification of nomination for the offices is necessary.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.124;P.L.3-1997, SEC.152; P.L.66-2003, SEC.16.
IC 3-8-7-3
Error in certification
Sec. 3. (a) Except as provided in subsection (b), an error incertification discovered before sixty (60) days before a generalelection shall be corrected by the public officials charged with theduties of certification.
(b) An error in certification of candidates for a town office underIC 3-8-5 discovered before September 18 before a town election shallbe corrected by the public officials charged with the duties ofcertification.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.75;P.L.144-1999, SEC.5.
IC 3-8-7-4
Person nominated within county or municipality; exemption fromcertification
Sec. 4. A person nominated at a primary election held under thistitle within a county or a municipality does not have to be certifiedas a candidate to any election board.
As added by P.L.5-1986, SEC.4.
IC 3-8-7-5
Furnishing list of candidates and delegates to election division
Sec. 5. (a) Each circuit court clerk, not later than noon on the
second Monday after a primary election conducted in a year in whicha general election will be held, shall furnish the election divisionwith a complete list of all:
(1) candidates nominated; and
(2) state convention delegates elected;
at the primary election.
(b) The list must include the address of each candidate anddelegate and the United States congressional district in which eachcandidate and delegate resides.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.54;P.L.3-1997, SEC.153; P.L.221-2005, SEC.18.
IC 3-8-7-6
Candidate lists furnished to state chairmen of major politicalparties
Sec. 6. (a) Not later than noon ten (10) days after:
(1) receipt of the candidate lists from each circuit court clerkunder section 5 of this chapter; or
(2) the certification of the canvass performed by the electiondivision under IC 3-10-1-34;
whichever occurs later, the secretary of state shall furnish to the statechairman of each major political party of the state a list, certifiedunder the secretary's hand and seal.
(b) The list described in subsection (a) must:
(1) contain the names of all candidates nominated as certifiedby the circuit court clerks under section 5 of this chapter;
(2) contain the names of all candidates shown to be nominatedby the canvass of the election division conducted underIC 3-10-1-34; and
(3) include the address of each candidate.
(c) No other form of certification of nomination for office isnecessary for an individual included on the list described by thissection.
As added by P.L.5-1986, SEC.4. Amended by P.L.176-1999, SEC.34.
IC 3-8-7-6.5
Delegate lists furnished to state chairmen of major political parties
Sec. 6.5. (a) Not later than noon ten (10) days after receipt of thedelegate lists from each circuit court clerk under section 5 of thischapter, the secretary of state shall furnish to the state chairman ofeach major political party of the state a list of individuals elected asdelegates to the convention of the chairman's political party.
(b) The list described under subsection (a) must:
(1) contain the names of all delegates elected, as certified by thecircuit court clerks under section 5 of this chapter; and
(2) include the address of each delegate.
(c) The delegate lists must be certified separately from thecandidate lists certified under section 6 of this chapter and may notcontain the name of an individual appointed to serve as a stateconvention delegate.As added by P.L.176-1999, SEC.35.
IC 3-8-7-7
Repealed
(Repealed by P.L.10-1988, SEC.238.)
IC 3-8-7-8
Certification of candidates nominated at state convention
Sec. 8. (a) Either the chairman and secretary of a state conventionor the state chairman and state secretary of the political party holdingthe state convention shall certify each candidate nominated at theconvention to the secretary of state not later than noon July 15 beforethe general election.
(b) The certificate must state the following:
(1) Whether each candidate nominated by the convention hascomplied with IC 3-9-1-5 by filing a campaign financestatement of organization.
(2) 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.
(c) The commission shall prescribe the form of the certificate ofnomination for the offices. The commission shall provide that theform of the certificate of nomination include the followinginformation near the separate signature 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.
(d) A certificate of nomination 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 certificateof nomination. If there is a difference between the name on thecandidate's certificate of nomination and the name on the candidate'svoter registration record, the officer with whom the certificate ofnomination 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 certificate of nomination.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.125;P.L.3-1995, SEC.61; P.L.3-1997, SEC.154; P.L.202-1999, SEC.10;P.L.260-2001, SEC.3.
IC 3-8-7-9
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-8-7-10
Certificates of nomination; requirements
Sec. 10. A certificate of nomination by convention or primaryelection must satisfy all of the following:
(1) Be in writing.
(2) Contain all of the following information for each personnominated:
(A) The name of each person nominated as:
(i) the person wants the person's name to appear on theballot; and
(ii) the person's name is permitted to appear on the ballotunder IC 3-5-7.
(B) Each person's residence address.
(C) The office for which each person is nominated.
(3) Designate a title for the political party or principle that theconvention or primary election represents, together with asimple figure or device by which its lists of candidates may bedesignated on the ballot.
(4) Be signed by the chairman and secretary of the convention,or by the chairman and secretary of the state, county, city, ortown committee, who shall also give their respective places ofresidence and acknowledge the certificate before an officerauthorized to take acknowledgments of deeds. The certificate ofacknowledgment must be appended to the certificate ofnomination.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.55;P.L.202-1999, SEC.11.
IC 3-8-7-11
Device used to designate candidates
Sec. 11. (a) Except as provided in subsection (f), if a politicalparty has filed a statement with the election division (or any of itspredecessors) that the device selected by the political party be usedto designate the candidates of the political party on the ballot for allelections throughout the state, the device must be used until:
(1) the device is changed in accordance with party rules; and
(2) a statement concerning the use of the new device is filedwith the election division.
(b) Except as provided in subsection (c), the device may be anyappropriate symbol.
(c) A political party or an independent candidate may not use asa device:
(1) a symbol that has previously been filed by a political partyor candidate with the election division (or any of itspredecessors);
(2) the coat of arms or seal of the state or of the United States;
(3) the national or state flag; or
(4) any other emblem common to the people.
(d) Not later than noon, August 20, before each general ormunicipal election, the election division shall provide each county
election board with a camera-ready copy of the device under whichthe candidates of the political party or the petitioner are to be listedso that ballots may be prepared using the best possible reproductionof the device.
(e) This subsection applies to a candidate or political party whosedevice is not filed with the election division under subsection (a) andis to be printed only on ballots to identify candidates for election toa local office. Not later than noon, August 20, the chairman of thepolitical party or the petitioner of nomination shall file acamera-ready copy of the device under which the candidates of thepolitical party or the petitioner are to be listed with the countyelection board of each county in which the name of the candidate orparty will be placed on the ballot. The county election board shallprovide the camera-ready copy of the device to the town electionboard of a town located wholly or partially within the county uponrequest by the town election board.
(f) If a copy of the device is not filed in accordance withsubsection (a) or (e), or unless a device is designated in accordancewith section 26 or 27 of this chapter, the county election board ortown election board is not required to use any device to designate thelist of candidates.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.127;P.L.3-1997, SEC.156; P.L.14-2004, SEC.66; P.L.230-2005, SEC.31.
IC 3-8-7-12
Place to file certificates
Sec. 12. A certificate of nomination for an office to be elected bythe electorate of the whole state shall be filed with the electiondivision. A certificate of nomination for any other elected office shallbe filed with the person with whom a declaration of candidacy shallbe filed.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.128;P.L.3-1997, SEC.157; P.L.66-2003, SEC.17.
IC 3-8-7-13
Candidates to satisfy statutory eligibility requirements
Sec. 13. Each candidate nominated by certificate of nominationmust satisfy all statutory eligibility requirements for the office forwhich the candidate is nominated, including filing statements ofeconomic interest.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.56.
IC 3-8-7-14
Deadline for filing certificate of nomination; exception forPresident and Vice President
Sec. 14. (a) This section does not apply to the certification ofnominees under IC 3-10-4-5.
(b) A certificate of nomination required to be filed with theelection division or circuit court clerk shall be filed not later thannoon July 15 before the date fixed for the election of the person
nominated.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.129;P.L.10-1988, SEC.57; P.L.3-1997, SEC.158; P.L.260-2001, SEC.4;P.L.66-2003, SEC.18.
IC 3-8-7-15
Special election called by governor; filing of certificate ofnomination
Sec. 15. In a special election called by the governor, a certificateof nomination may be filed with the public official with whom acertificate is required to be filed at any time after the election iscalled but no later than noon fifty (50) days before the date of theelection.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.58.
IC 3-8-7-16
Certification by election division; designation of device; order ofnames; exception for President and Vice President
Sec. 16. (a) This section does not apply to the certification ofnominees under IC 3-10-4-5.
(b) The election division shall certify the following to each countyelection board not later than noon seventy-four (74) days before ageneral election:
(1) The name and place of residence of each person nominatedfor election to:
(A) an office for which the electorate of the whole state mayvote;
(B) the United States House of Representatives;
(C) a legislative office; or
(D) a local office for which a declaration of candidacy mustbe filed with the election division under IC 3-8-2.
(2) The name of each:
(A) justice of the supreme court;
(B) judge of the court of appeals; and
(C) judge of the tax court;
who is subject to a retention vote by the electorate and who hasfiled a statement under IC 33-24-2 or IC 33-25-2 indicating thatthe justice or judge wishes to have the question of the justice'sor judge's retention placed on the ballot.
(c) Subject to compliance with section 11 of this chapter, theelection division shall designate the device under which the list ofcandidates of each political party will be printed and the order inwhich the political party ticket will be arranged under IC 3-10-4-2and IC 3-11-2-6.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.130;P.L.10-1988, SEC.59; P.L.3-1995, SEC.62; P.L.2-1996, SEC.89;P.L.3-1997, SEC.159; P.L.66-2003, SEC.19; P.L.98-2004, SEC.32;P.L.14-2004, SEC.67.
IC 3-8-7-17
Notice that person will not accept nomination
Sec. 17. (a) The election division may not certify the name of aperson whose certificate or petition of nomination has been filedwith the election division if the person has filed a notice with theelection division that the person will not accept the nominationcontained in the certificate or petition of nomination.
(b) The notice must be signed and acknowledged before an officerauthorized to take acknowledgments of deeds in a form prescribed bythe commission.
(c) A county election board may not include on the ballot thename of a person whose certificate or petition of nomination hasbeen filed in the circuit court clerk's office if the person has notifiedthe clerk in the same manner that the person will not accept thenomination.
(d) The name of a candidate who has given notice under thissection may not be included on the ballot.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.131;P.L.10-1988, SEC.60; P.L.3-1997, SEC.160.
IC 3-8-7-18
Certificate or petition containing names of more than onecandidate
Sec. 18. (a) This subsection applies to an office to which only one(1) candidate may be elected. If a certificate or petition ofnomination contains the name of more than one (1) candidate for theoffice, none of the names of the candidates on the certificate orpetition may be printed on the ballot as a candidate for the office.
(b) This subsection applies to an office for which more than one(1) candidate may be elected. If the certificate or petition contains thenames of more than the total number of candidates that may beelected to that office, none of the names of the candidates on thecertificate or petition may be printed on the ballot as a candidate forthe office.
As added by P.L.5-1986, SEC.4. Amended by P.L.9-2004, SEC.11.
IC 3-8-7-19
Names to appear only once on ballot; candidate for federal officeand Vice President
Sec. 19. (a) Except as provided in subsection (b), the name of aperson who has been nominated as a candidate for an elected officemay not appear in more than one (1) place on a ballot.
(b) The name of a person who is nominated as a candidate of apolitical party:
(1) for a federal office in a primary election; and
(2) for Vice President of the United States during the same year;
may appear on the general election ballot as a candidate for thefederal office and for Vice President of the United States.
As added by P.L.5-1986, SEC.4. Amended by P.L.12-1988, SEC.2.
IC 3-8-7-20
Person nominated by convention and petition, primary electionand petition, or primary election and convention
Sec. 20. (a) If a person has been nominated as a candidate for thesame office by:
(1) both convention and petition;
(2) both primary election and petition;
(3) both primary election and convention;
(4) more than one (1) petition; or
(5) more than one (1) convention;
the person's name may be placed on the ballot only once.
(b) This subsection applies only to a person nominated by bothconvention and petition. The person's name shall be placed on the listof candidates nominated by convention, and the place occupied bythe person's name in the petition must be left blank. However, if thecandidate files a written statement:
(1) acknowledged before a person authorized to takeacknowledgments;
(2) in the office where a petition of nomination for the officemust be filed;
(3) no later than noon of the last day for filing a petition ofnomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated bypetition;
the person's name must be so printed and omitted from the listnominated by convention.
(c) This subsection applies only to a person nominated by bothprimary election and petition. The person's name must be placed onthe list of candidates nominated by primary election, and the placeoccupied by the person's name in the petition must be left blank.However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to takeacknowledgments;
(2) in the office where a petition of nomination for the officemust be filed;
(3) not later than noon the last day for filing a petition ofnomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated bypetition;
the person's name must be so printed and omitted from the listnominated by primary election.
(d) This subsection applies only to a person nominated by bothprimary election and convention. The person's name must be placedon the list of candidates nominated by primary election, and the placeoccupied by the person's name in the certificate of nomination of theconvention must be left blank. However, if the candidate files awritten statement:
(1) acknowledged before a person who is authorized to takeacknowledgments;
(2) in the office where a certificate of nomination for the office
must be filed;
(3) not later than noon the last day for filing a certificate ofnomination; and
(4) requesting that the person's name be printed as nominated byconvention;
the person's name must be so printed and omitted from the listnominated by primary election.
(e) This subsection applies only to a person nominated by morethan one (1) petition. The person's name must be placed on the list ofcandidates nominated by petition for the first petition of nominationcertified under IC 3-8-6 and filed with the election division or countyelection board under IC 3-8-6-10(c), and the place occupied by theperson's name in a subsequent petition must be left blank. However,if the candidate files a written statement:
(1) acknowledged before a person who is authorized to takeacknowledgments;
(2) in the office where a petition of nomination for the officemust be filed;
(3) not later than noon the last day for filing a petition ofnomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated bya subsequent petition;
the person's name must be placed on the list of candidates nominatedby the subsequent petition.
(f) This subsection applies to a person nominated by more thanone (1) convention. The person's name must be placed on the list ofcandidates nominated by convention for the first certificate ofnomination filed with the public official with whom the certificate isrequired to be filed, and the place occupied by the person's name ina subsequent certificate of nomination of the convention must be leftblank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to takeacknowledgments;
(2) in the office where a certificate of nomination for the officemust be filed;
(3) not later than noon the last day for filing a certificate ofnomination; and
(4) requesting that the person's name be printed as nominated bya subsequent convention;
the person's name must be printed as nominated by the subsequentconvention.
(g) If an individual is nominated as a candidate under IC 3-13-1to fill a candidate vacancy, the individual is considered for purposesof this section to have been nominated in the same manner as thecandidate whom the individual succeeded or in the same manner asa candidate would have been nominated if no nomination is made. Ifan individual is nominated as a candidate under IC 3-13-2 to fill acandidate vacancy, the individual may not be placed on the ballot asthe candidate of any other political party.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.61;
P.L.38-1999, SEC.27.
IC 3-8-7-21
Nomination by more than one political party or by political partyand as independent; election of nomination
Sec. 21. (a) If a person has been nominated by two (2) or morepolitical parties, or as an independent candidate and as the nomineeof at least one (1) political party, the person must elect which of thenominations the person will accept.
(b) The election must be in writing, signed, acknowledged beforean officer authorized to take acknowledgments, and filed in the officewhere a declaration of candidacy must be filed for the office underIC 3-8-2 or where a certificate of nomination by a convention mustbe filed under this chapter by noon July 15 before the election.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.132;P.L.3-1993, SEC.76; P.L.3-1997, SEC.161; P.L.38-1999, SEC.28;P.L.260-2001, SEC.5.
IC 3-8-7-22
Failure to make election
Sec. 22. (a) This section applies if a person nominated by two (2)or more political parties or as an independent candidate and as thenominee of at least one (1) political party does not make and file anelection as required by section 21 of this chapter.
(b) The election division or circuit court clerk shall make theelection for the person.
(c) The election division or clerk shall give preference to thenomination made by primary election and secondly to the nominationgiven by convention. If the candidate is nominated by more than one(1) convention or more than one (1) petition and the candidate doesnot make the election, the election division or clerk shall givepreference to the first certificate of nomination for a conventiongiven to the candidate under IC 3-8-5-13 or IC 3-8-7-8, or the firstpetition of nomination given to the candidate under IC 3-8-6-10.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.133;P.L.3-1993, SEC.77; P.L.3-1997, SEC.162; P.L.38-1999, SEC.29.
IC 3-8-7-23
Place of name on ballot following election
Sec. 23. After the election required by section 21 or 22 of thischapter is made, the election division or the appropriate electionboard shall place the name of the person on the list of nomineesunder only the designation as an independent candidate or thepolitical party name and device indicated by the person or by theelection division or circuit court clerk.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.134;P.L.3-1993, SEC.78; P.L.3-1997, SEC.163.
IC 3-8-7-24
Preservation of certificates and petitions of nomination Sec. 24. The election division and each circuit court clerk shallpreserve all certificates and petitions of nomination filed under thisarticle for the period required under IC 3-10-1-31 or IC 3-10-1-31.1.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.135;P.L.3-1993, SEC.79; P.L.3-1997, SEC.164; P.L.38-1999, SEC.30;P.L.14-2004, SEC.68.
IC 3-8-7-25
Nominees entitled to have names on ballot
Sec. 25. The election division and each county election boardshall have printed on the respective general, special, or municipalelection ballots the names of the following candidates:
(1) Nominees chosen at a primary election under IC 3-10 andcertified as required by this chapter.
(2) Nominees chosen by a convention of a political party in thestate whose candidate received at least two percent (2%) of thetotal vote cast for secretary of state at the last election andcertified under section 8 of this chapter.
(3) Nominees nominated by petition under IC 3-8-6.
(4) Nominees selected to fill a candidate vacancy underIC 3-13-1 or IC 3-13-2.
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.90;P.L.4-1996, SEC.32; P.L.3-1997, SEC.165.
IC 3-8-7-25.5
Statement designating former and current legal name of candidate
Sec. 25.5. (a) This section does not apply to the change of acandidate's name that occurs after absentee ballots have been printedbearing the candidate's name.
(b) A candidate who:
(1) is:
(A) nominated for election; or
(B) a candidate for nomination; and
(2) changed the candidate's legal name after:
(A) the candidate has been nominated; or
(B) the candidate has become a candidate for nomination;
shall file a statement setting forth the former and current legal nameof the candidate with the office where a declaration of candidacy orcertificate of nomination for the office is required to be filed. If thefinal date and hour has not passed for filing a declaration ofcandidacy, consent for nomination, or declaration of intent to be awrite-in candidate, the candidate must file the request for a changeof name on the form prescribed by the commission for thedeclaration or consent.
(c) The statement filed under subsection (b) must also indicate thefollowing:
(1) That the candidate has previously filed a change of namerequest with a county voter registration office so that the nameset forth in the statement is identical to the candidate's name onthe county voter registration record. (2) How the candidate's legal name was changed.
(d) Upon the filing of the statement, the election division and eachcounty election board shall print the candidate's legal name on theballot as set forth in the statement.
As added by P.L.3-1997, SEC.166. Amended by P.L.176-1999,SEC.36; P.L.202-1999, SEC.12; P.L.14-2000, SEC.5.
IC 3-8-7-26
Factions within a political party; selection of names and devices
Sec. 26. (a) If there is a division in a political party and two (2) ormore factions claim the same party name, title, or device, thecommission, or the county election board, if appropriate, shall givepreference of name to the convention held at the time and placedesignated in the call of the regularly constituted party authorities.
(b) If another faction presents no other party name, title, ordevice, the commission or county election board shall:
(1) select a name or title;
(2) place the selected name or title before the list of candidatesof the faction that are on the ballot; and
(3) select some suitable device that complies with section 11 ofthis chapter to designate the faction's candidates.
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.91;P.L.3-1997, SEC.167.
IC 3-8-7-27
Two or more conventions called by factions within a politicalparty; selection of devices
Sec. 27. If two (2) or more conventions are called by authoritiesclaimed to be the rightful authorities of a political party, thecommission or county election board shall select suitable devices todistinguish one (1) faction from the other and have the ballotsprepared accordingly. However, if a political party entitled tonominate by convention fails to do so, the names of all nominees bypetition for any office who are designated in their petitions asmembers of and candidates of the party shall be placed on the ballotunder the name and device of the party on the ballots, as ifnominated by convention.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.136;P.L.2-1996, SEC.92.
IC 3-8-7-28
Notice of withdrawal; withdrawal; disqualification; moving out ofdistrict
Sec. 28. (a) Except as provided in subsections (b) and (c), if anominee certified under this chapter, IC 3-8-5, IC 3-8-6, or IC 3-10-1desires to withdraw as the nominee, the nominee must file a noticeof withdrawal in writing with the public official with whom thecertificate of nomination was filed by noon:
(1) July 15 before a general or municipal election;
(2) August 1 before a municipal election in a town subject to
IC 3-8-5-10;
(3) on the date specified for town convention nominees underIC 3-8-5-14.5;
(4) on the date specified for declared write-in candidates underIC 3-8-2-2.7; or
(5) forty-five (45) days before a special election.
(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.3-1987, SEC.137;P.L.4-1991, SEC.42; P.L.14-2004, SEC.69.
IC 3-8-7-29
Candidates moving out of district or disqualified withoutwithdrawal of candidacy; procedure
Sec. 29. (a) This section applies:
(1) if a person:
(A) has been certified as a candidate in a certificate ofnomination filed under this chapter;
(B) moves from the election district that the person soughtto represent following the filing of the certificate ofnomination;
(C) does not file a notice of withdrawal of candidacy undersection 28 of this chapter; and
(D) is no longer an active candidate; or
(2) if a person is disqualified from being a candidate underIC 3-8-1-5.
(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; and
(2) name the person described in subsection (a) and the publicofficial responsible for placing that person's name on the ballotas defendants.
(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 orIC 3-13-2.
As added by P.L.3-1987, SEC.138. Amended by P.L.4-1991, SEC.43.
IC 3-8-7-30
Write-in candidates
Sec. 30. (a) Not later than noon August 1, the election divisionshall certify to each county election board:
(1) the name of each individual who filed a declaration of intentto be a write-in candidate with the election division; and
(2) any political party that the individual is affiliated with, orwhether the individual is an independent candidate.
(b) This subsection applies to a county that does not use a centrallocation to tally ballot card votes. The circuit court clerk shallprovide a copy of the certification under this section to the inspectorof each precinct, with instructions concerning the counting ofwrite-in votes for declared write-in candidates.
As added by P.L.10-1992, SEC.14. Amended by P.L.3-1993, SEC.80;P.L.3-1997, SEC.168; P.L.14-2004, SEC.70.