|
|
|
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 at
least ten percent (10%) of the total vote cast for secretary of
state 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 primary
election
Sec. 2. A person who desires to be nominated at a primary
election as a candidate of a political party subject to this chapter for
a federal, state, legislative, or local office shall file a declaration of
candidacy.
As added by P.L.5-1986, SEC.4.
IC 3-8-2-2.2
Repealed
(Repealed by P.L.179-2011, SEC.34.)
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 for
a federal, state, legislative, or local office or school board office in
a general, municipal, or school board election must file a declaration
of intent to be a write-in candidate with the officer with whom
declaration of candidacy must be filed under sections 5 and 6 of this
chapter.
(b) The declaration of intent to be a write-in candidate required
under subsection (a) must be signed before a person authorized to
administer 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 under
IC 3-5-7.
(2) A statement that the candidate is a registered voter and the
location of the candidate's precinct and township (or ward and
city or town), county, and state.
(3) The candidate's complete residence address, and if the
candidate's mailing address is different from the residence
address, the mailing address.
(4) The candidate's party affiliation or a statement that the
candidate is an independent candidate (not affiliated with any
party). For purposes of this subdivision, a candidate is affiliated
with a political party only if the candidate satisfies section
7(a)(4) of this chapter.
(5) A statement of the candidate's intention to be a write-in
candidate, the name of the office, including the district, and the
date and type of election.
(6) If the candidate is a candidate for the office of President or
Vice President of the United States, a statement declaring the
names of the individuals who have consented and are eligible
to 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 campaign
finance and the reporting of campaign contributions and
expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by
this subdivision.
(8) A statement as to whether the candidate has:
(A) been a candidate for state or local office in a previous
primary or general election; and
(B) filed all reports required 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 the
candidate has filed a campaign finance statement of
organization for the candidate's principal committee or is aware
that the candidate may be required to file a campaign finance
statement of organization not later than noon seven (7) days
after the final date to file the declaration of intent to be a
write-in candidate under section 4 of this chapter.
(10) If the candidate is subject to IC 3-9-1-5.5, a statement that
the candidate is required to file a campaign finance statement of
organization under IC 3-9 after the 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.
(11) A statement that the candidate complies with all
requirements under the laws of Indiana to be a candidate for the
above named office, including any applicable residency
requirements, and that the candidate is not ineligible to be a
candidate due to a criminal conviction that would prohibit the
candidate 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-in
candidate, the write-in candidate is considered a candidate for all
purposes.
(d) A write-in candidate must comply with the requirements under
IC 3-8-1 that apply to the office to which the write-in candidate seeks
election.
IC 3-8-2-2.6
Write-in candidate for school board office at primary; declaration
of intent; withdrawal of candidacy; questioning validity of
declaration
Sec. 2.6. (a) This section applies to a write-in candidate for a
school board office to be elected on the same election day that a
primary 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 to
administer oaths.
(c) A declaration of intent to be a write-in candidate for a school
board office must be filed:
(1) not earlier than the first date specified in IC 3-8-6-10(b) for
the timely filing of a petition of nomination; and
(2) not later than noon eighty-eight (88) days before the primary
election.
(d) A candidate may withdraw a declaration of intent filed under
subsection (c) not later than noon eighty-five (85) days before the
primary election.
(e) A question concerning the validity of a declaration of intent to
be a write-in candidate for a school board office must be filed with
the county election board under IC 3-8-1-2(c) not later than noon
eighty-one (81) days before the date of the primary election. The
county election board shall determine all questions regarding the
validity of the declaration not later than noon sixty-eight (68) days
before the date of the primary election.
As added by P.L.164-2006, SEC.56. Amended by P.L.225-2011,
SEC.24.
IC 3-8-2-2.7
Withdrawal of a write-in candidate other than school board
candidate at primary
Sec. 2.7. (a) This subsection does not apply to a write-in candidate
for school board office who is subject to section 2.6(c) of this
chapter. A candidate may withdraw a declaration of intent to be a
write-in candidate not later than noon July 15 before a general or
municipal election.
(b) This subsection applies to a candidate who filed a declaration
of intent to be a write-in candidate with the election division. The
election division shall issue a corrected certification of write-in
candidates under IC 3-8-7-30 as soon as practicable after a
declaration 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; necessity
of declaration of candidacy
Sec. 3. A person who desires to be elected either or both of the
following 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 must
be filed not later than noon eighty-eight (88) days and not earlier
than one hundred eighteen (118) days before the primary election.
The declaration must be subscribed and sworn to before a person
authorized to administer oaths.
(b) This subsection does not apply to a write-in candidate for
school 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) for
the 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 candidate
selection.
The declaration must be subscribed and sworn to before a person
authorized to administer oaths.
(c) During a year in which a federal decennial census, federal
special census, special tabulation, or corrected population count
becomes effective under IC 1-1-3.5, a declaration of:
(1) candidacy may be filed for an office that will appear on the
primary election ballot; or
(2) intent to be a write-in candidate for an office that will
appear on the general, municipal, or school board election
ballot;
that year as a result of the new tabulation of population or corrected
population 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; P.L.225-2011,
SEC.25.
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 small
claims 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 the
county seat.
(b) Whenever the election district for a local office includes more
than one (1) county, the declaration of candidacy shall be filed in the
office of the county election board located in the county seat of the
county that contains the greatest percentage of population of the
election district.
(c) This subsection applies to a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). The chief deputy of the combined
election board and board of registration shall post for public
inspection a copy of each declaration of candidacy filed under this
section 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 this
chapter must be signed before a person authorized to administer
oaths and contain the following information:
(1) The candidate's name, printed or typewritten as:
(A) the candidate wants the candidate's name to appear on
the ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(2) A statement that the candidate is a registered voter and the
location of the candidate's precinct and township (or ward and
city or town), county, and state.
(3) The candidate's complete residence address, and if the
candidate's mailing address is different from the residence
address, the mailing address.
(4) A statement of the candidate's party affiliation. For purposes
of this subdivision, a candidate is considered to be affiliated
with a political party only if any of the following applies:
(A) The most recent primary election in which the candidate
voted was a primary election held by the party with which
the candidate claims affiliation.
(B) The candidate has never voted in a primary election and
claims a party affiliation.
(C) The county chairman of:
(i) the political party with which the candidate claims
affiliation; 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 party
affiliation is determined under this subdivision and permit the
candidate to indicate on the declaration of candidacy which of
clauses (A), (B), or (C) applies to the candidate. If a candidate
claims party affiliation under clause (C), the candidate must
attach to the candidate's declaration of candidacy the written
certification of the county chairman required by clause (C).
(5) A statement that the candidate complies with all
requirements under the laws of Indiana to be a candidate for the
above named office, including any applicable residency
requirements, and that the candidate is not ineligible to be a
candidate due to a criminal conviction that would prohibit the
candidate from serving in the office.
(6) A request that the candidate's name be placed on the official
primary ballot of that party to be voted on, the office for which
the 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 campaign
finance and the reporting of campaign contributions and
expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by
this subdivision.
(8) A statement as to whether the candidate has been a
candidate for state or local office in a previous primary or
general election and whether the candidate has filed all reports
required 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 the
candidate has filed a campaign finance statement of
organization for the candidate's principal committee or is aware
that the candidate may be required to file a campaign finance
statement of organization not later than noon seven (7) days
after the final date to file the declaration of candidacy under
section 11 of this chapter.
(10) The candidate's signature.
(b) The commission shall provide that the form of a declaration
of candidacy includes the following information near the separate
signature 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 reports
under IC 3-9.
(c) A declaration of candidacy must include a statement that the
candidate requests the name on the candidate's voter registration
record be the same as the name the candidate uses on the declaration
of candidacy. If there is a difference between the name on the
candidate's declaration of candidacy and the name on the candidate's
voter registration record, the officer with whom the declaration of
candidacy is filed shall forward the information to the voter
registration officer of the appropriate county as required by
IC 3-5-7-6(e). The voter registration officer of the appropriate county
shall change the name on the candidate's voter registration record to
be 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 United
States Senator or for the office of governor must be accompanied by
a petition signed by at least four thousand five hundred (4,500)
voters of the state, including at least five hundred (500) voters from
each congressional district.
IC 3-8-2-9
Form of petition; certification
Sec. 9. (a) A petition required by section 8 of this chapter must
request that the name of the candidate be placed on the ballot at the
primary election.
(b) The county voter registration office in the county where a
petitioner is registered must certify whether each petitioner is a voter
of the county. The certification must accompany and be part of the
petition.
(c) If a county is part of more than one (1) congressional district,
the certificate must indicate the number of petitioners from that
county 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 county voter registration office; return of
petition
Sec. 10. (a) A petition required by section 8 of this chapter must
be submitted to the county voter registration office during the period
beginning on the first date that a declaration of candidacy may be
filed under section 4 of this chapter in the year in which the primary
election will be held and ending at noon ninety-one (91) days before
the primary election.
(b) After the certification of a petition under this section, the
county voter registration office may, upon the request of the
candidate named in the petition, return the original petition to the
candidate for filing with the secretary of state under section 5 of this
chapter.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.33;
P.L.5-1989, SEC.24; P.L.225-2011, SEC.26.
IC 3-8-2-11
Filing declaration of candidacy; time for filing; economic interest
or financial disclosure statement
Sec. 11. (a) A declaration of candidacy may be made by mail and
is considered filed as of the date and hour the filing occurs in the
manner described by IC 3-5-2-24.5 in the office of the election
division or circuit court clerk.
(b) A declaration is not valid unless filed in the office of the
election division or circuit court clerk by noon on the seventy-fourth
day before a primary election.
(c) This subsection applies to a candidate required to file a
statement of economic interest under IC 2-2.1-3-2 or IC 33-23-11-15
or a financial disclosure statement under IC 4-2-6-8. The election
division shall require the candidate to produce a:
(1) copy of the statement, file stamped by the office required to
receive the statement of economic interests; or
(2) receipt showing that the statement has been filed;
before the election division accepts the declaration for filing. The
election division shall reject a filing that does not comply with this
subsection.
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 a
declaration of candidacy in the office of the election division or
circuit court clerk, the election division or circuit court clerk shall
hand deliver to the candidate (or mail to the candidate at the address
listed 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 be
a write-in candidate in which the candidate states that the candidate
is 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 of
nomination 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 in
subdivision (1) or (2);
a registered voter of the election district may question the validity of
the filing in accordance with IC 3-8-1-2. The commission or county
election board shall determine the validity of the questioned filing
under section 14 or section 18 of this chapter.
(c) Following the filing of a question under subsection (b) and not
later than the deadline for resolution of a question concerning a
candidacy under section 14 or section 18 of this chapter, a candidate
may file a written amendment to the declaration to alter the name of
the political party or to indicate that the candidate is independent.
(d) If:
(1) the commission or county election board determines that the
candidate'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 election
division and each circuit court clerk shall certify and release to the
public a list of the candidates of each political party for each office.
The election division and circuit court clerk shall also release to the
public a list of all declarations of candidacy whose validity has been
questioned 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 declaration
filed with the secretary of state shall be referred to and determined
by the commission in accordance with section 18 of this chapter. A
statement questioning the validity of a declaration must be filed with
the election division under IC 3-8-1-2(c) not later than noon
eighty-one (81) days before the date of the primary election.
(b) All questions concerning the validity of a declaration of
candidacy filed with a circuit court clerk shall be referred to and
determined by the county election board not later than noon
sixty-eight (68) days before the date of the primary election. A
statement questioning the validity of a declaration must be filed with
the county election board under IC 3-8-1-2(c) not later than noon
eighty-one (81) days before the date of the primary election.
(c) A question concerning the validity of a declaration of intent to
be a write-in candidate shall be determined by the commission or the
county election board not later than noon eighty-one (81) days before
election day. A statement questioning the validity of a declaration 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) not later than
noon eighty-eight (88) 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; P.L.225-2011, SEC.27.
IC 3-8-2-15
Declarations for more than one compensated office
Sec. 15. (a) A person who files a declaration of candidacy for an
elected office for which a per diem or salary is provided for by law
is disqualified from filing a declaration of candidacy for another
office for which a per diem or salary is provided for by law until the
original declaration is withdrawn.
(b) A person may file both:
(1) a declaration of candidacy under this chapter for nomination
to a federal or state office; and
(2) a written request under IC 3-8-3-1 that the person's name be
placed on the ballot in a primary election as a candidate for
nomination for the office of President of the United States.
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; P.L.179-2011, SEC.3.
IC 3-8-2-16
Declarations for more than one political party
Sec. 16. A person who files a declaration of candidacy for an
elected office may not file a declaration of candidacy for that office
in the same primary election for a different political party until the
original 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 seventy-four (74) days before a primary
election in a county, the election division shall transmit to each
county election board a certified list containing the name and address
of each person for whom a declaration of candidacy has been filed
with the election division and for which voters at the primary
election may vote.
(b) The list must designate the office for which the person is a
candidate and the political party the person represents.
(c) If the commission determines under section 18 of this chapter
that the certified list of candidates should be amended to add or
remove the name of a candidate, as soon as practicable after this
determination, the election division shall transmit the county election
board an amendment indicating the change to be made in the
certified list.
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.26;
P.L.3-1997, SEC.128; P.L.225-2011, SEC.28.
IC 3-8-2-18
Questions concerning declarations of candidacy
Sec. 18. (a) The commission shall act upon a question concerning
a declaration of candidacy not later than noon sixty-eight (68) days
before the date of the primary election.
IC 3-8-2-19
Publishing and filing notice of election
Sec. 19. (a) Upon receipt of the certified list under section 17 of
this chapter, a county election board shall immediately compile
under 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 be
placed on the presidential primary ballot.
(3) The names and addresses of all persons for whom
declarations of candidacy have been filed for nomination to an
office on the primary election ballot.
(4) The text of any public question to be placed on the ballot.
(5) The date of the primary election.
(6) 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) before
the 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 election
day.
(d) An election is not invalidated by the failure of the board to
comply with this section.
(e) If the county election board receives an amendment from the
election 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 recompile
completely revised information;
the board is only required to file a copy of the amendment with the
minutes 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; P.L.179-2011, SEC.4.
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 the
records of the division or board that the declaration of candidacy has
been withdrawn and may not certify the name of the person as a
candidate 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 upon
failure 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 to
represent following the filing of the declaration of candidacy;
(3) does not file a notice of withdrawal of candidacy under
section 20 of this chapter; and
(4) is no longer an active candidate.
(b) The county chairman of any political party on the ballot in the
election district or a candidate for the office sought by the person
described in subsection (a) may, upon determining that this section
applies, file an action in the circuit court in the county where the
person described in subsection (a) resided. The complaint in this
action must: