IC 3-8-8
    Chapter 8. Removal of Name From Ballot of a Candidate forLegislative or State Office at General Election for Disqualificationor Withdrawal

IC 3-8-8-1
Applicability
    Sec. 1. (a) This chapter applies only to a candidate for election toany of the following:
        (1) A legislative office.
        (2) A state office other than a judicial office.
    (b) This chapter applies notwithstanding any other law relating tochallenges to the qualifications of a candidate to be elected at ageneral election.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-2
When challenge not permitted
    Sec. 2. A candidate may not be challenged under this chapter if allof the following apply:
        (1) The candidate's qualification was previously challengedunder this chapter or other applicable law.
        (2) This challenge would be based on substantially the samegrounds as the previous challenge to the candidate.
        (3) The commission conducted a hearing on the challenge andmade a final determination in favor of the candidate.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-3
Who may challenge; filing requirements
    Sec. 3. (a) An individual who challenges the qualification of acandidate for election to an office must be a registered voter of theelection district the candidate seeks to represent.
    (b) A challenge under this chapter must be filed with the electiondivision not later than noon seventy-four (74) days before the date ofthe general election at which a candidate to the office is to beelected.
    (c) The challenger must file a sworn statement with the electiondivision:
        (1) questioning the qualification of a candidate to seek theoffice; and
        (2) setting forth the facts known to the voter concerning thisquestion.
As added by P.L.230-2005, SEC.32. Amended by P.L.66-2010,SEC.7.

IC 3-8-8-4
Commission hearing
    Sec. 4. The commission shall do the following not later than three(3) business days after the challenger's sworn statement is filed under

section 3 of this chapter:
        (1) Meet to hear the challenge.
        (2) Conclude the hearing.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-5
Commission determination; effect of commission failure to makedetermination
    Sec. 5. (a) Not later than one (1) business day after concluding thehearing, the commission shall announce its determination on thematter.
    (b) If the commission does not announce a determination on thematter as provided in subsection (a), the commission is consideredto have:
        (1) dismissed the challenge; and
        (2) taken final action on the challenge.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-6
Appeal of commission determination
    Sec. 6. The candidate or the challenger may appeal any finalaction:
        (1) that the commission has taken; or
        (2) that the commission is considered to have taken undersection 5 of this chapter;
to the court of appeals for errors of law under the same terms,conditions, and standards that govern appeals in ordinary civilactions. An assignment of errors that the commission's final actionis contrary to law is sufficient to present both the sufficiency of thefacts found to sustain the commission's action and the sufficiency ofthe evidence to sustain the finding of facts upon which thecommission's action was rendered.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-7
Termination of challenge regardless of status of challenge orappeal; status of candidate who withdraws after 60 days beforeelection
    Sec. 7. (a) Regardless of the status of a challenge before thecommission or the court of appeals, at noon sixty (60) days beforethe general election the following apply:
        (1) The challenge is terminated.
        (2) The name of the challenged candidate may not be removedfrom the ballot.
        (3) The name of another individual may not replace the name ofthe challenged candidate on the ballot.
        (4) Any votes cast for the challenged candidate shall becanvassed, counted, and reported under the name of thechallenged candidate.
    (b) All of the following apply if a candidate attempts to withdraw

as a candidate after noon sixty (60) days before the general election:
        (1) The name of the candidate may not be removed from theballot.
        (2) The name of another individual may not replace the name ofthe candidate on the ballot.
        (3) Any votes cast for the candidate shall be canvassed,counted, and reported under the name of the candidate.
As added by P.L.230-2005, SEC.32. Amended by P.L.66-2010,SEC.8.

IC 3-8-8-8
Effect of candidate who withdraws receiving most votes in election;filling vacancy
    Sec. 8. (a) This section applies if a candidate whose name remainson the ballot under section 7 of this chapter receives the most votesin the general election among all candidates for the office.
    (b) If, after the election, it is determined as provided by law thatthe individual was not qualified to be elected to the office, it shall beconsidered that:
        (1) an eligible candidate of the same political party, if any, asthe ineligible candidate had been elected; and
        (2) a vacancy in the office occurred after the election.
    (c) The vacancy in the office shall be filled as otherwise providedby law.
As added by P.L.230-2005, SEC.32.