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IC 3-8-7-1
Candidate receiving highest vote
Sec. 1. The candidate of a political party receiving the highest
vote for an office at a primary election is the nominee of that party
for 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 noon
seventy-four (74) days before the date of the general election, certify
the primary election results canvassed and tabulated under
IC 3-10-1-34 for:
(1) candidates for federal and state offices; and
(2) candidates for legislative and local offices who are required
to file a declaration of candidacy with the election division
under IC 3-8-2;
to the county election board of each county in which the candidates
are to be voted for at the next general election. No other form of
certification 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 in
certification discovered before sixty (60) days before a general
election shall be corrected by the public officials charged with the
duties of certification.
(b) An error in certification of candidates for a town office under
IC 3-8-5 discovered before September 18 before a town election shall
be corrected by the public officials charged with the duties of
certification.
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 from
certification
Sec. 4. A person nominated at a primary election held under this
title within a county or a municipality does not have to be certified
as 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 which
a general election will be held, shall furnish the election division
with 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 and
delegate and the United States congressional district in which each
candidate 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 political
parties
Sec. 6. (a) Not later than noon ten (10) days after:
(1) receipt of the candidate lists from each circuit court clerk
under section 5 of this chapter; or
(2) the certification of the canvass performed by the election
division under IC 3-10-1-34;
whichever occurs later, the secretary of state shall furnish to the state
chairman of each major political party of the state a list, certified
under the secretary's hand and seal.
(b) The list described in subsection (a) must:
(1) contain the names of all candidates nominated as certified
by the circuit court clerks under section 5 of this chapter;
(2) contain the names of all candidates shown to be nominated
by the canvass of the election division conducted under
IC 3-10-1-34; and
(3) include the address of each candidate.
(c) No other form of certification of nomination for office is
necessary for an individual included on the list described by this
section.
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 the
delegate lists from each circuit court clerk under section 5 of this
chapter, the secretary of state shall furnish to the state chairman of
each major political party of the state a list of individuals elected as
delegates 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 the
circuit 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 the
candidate lists certified under section 6 of this chapter and may not
contain the name of an individual appointed to serve as a state
convention delegate.
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 convention
or the state chairman and state secretary of the political party holding
the state convention shall certify each candidate nominated at the
convention to the secretary of state not later than noon July 15 before
the general election.
(b) The certificate must state the following:
(1) Whether each candidate nominated by the convention has
complied with IC 3-9-1-5 by filing a campaign finance
statement of organization.
(2) 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.
(c) The commission shall prescribe the form of the certificate of
nomination for the offices. The commission shall provide that the
form of the certificate of nomination include the following
information 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 reports
under IC 3-9.
(d) A certificate of nomination 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 certificate
of nomination. If there is a difference between the name on the
candidate's certificate of nomination and the name on the candidate's
voter registration record, the officer with whom the certificate of
nomination 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 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 3-8-7-11
Device used to designate candidates
Sec. 11. (a) Except as provided in subsection (f), if a political
party has filed a statement with the election division (or any of its
predecessors) that the device selected by the political party be used
to designate the candidates of the political party on the ballot for all
elections 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 filed
with the election division.
(b) Except as provided in subsection (c), the device may be any
appropriate symbol.
(c) A political party or an independent candidate may not use as
a device:
(1) a symbol that has previously been filed by a political party
or candidate with the election division (or any of its
predecessors);
(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 or
municipal election, the election division shall provide each county
election board with a camera-ready copy of the device under which
the candidates of the political party or the petitioner are to be listed
so that ballots may be prepared using the best possible reproduction
of the device.
(e) This subsection applies to a candidate or political party whose
device is not filed with the election division under subsection (a) and
is to be printed only on ballots to identify candidates for election to
a local office. Not later than noon, August 20, the chairman of the
political party or the petitioner of nomination shall file a
camera-ready copy of the device under which the candidates of the
political party or the petitioner are to be listed with the county
election board of each county in which the name of the candidate or
party will be placed on the ballot. The county election board shall
provide the camera-ready copy of the device to the town election
board of a town located wholly or partially within the county upon
request by the town election board.
(f) If a copy of the device is not filed in accordance with
subsection (a) or (e), or unless a device is designated in accordance
with section 26 or 27 of this chapter, the county election board or
town election board is not required to use any device to designate the
list 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 by
the electorate of the whole state shall be filed with the election
division. A certificate of nomination for any other elected office shall
be filed with the person with whom a declaration of candidacy shall
be 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 nomination
must satisfy all statutory eligibility requirements for the office for
which the candidate is nominated, including filing statements of
economic 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 for
President and Vice President
Sec. 14. (a) This section does not apply to the certification of
nominees under IC 3-10-4-5.
(b) A certificate of nomination required to be filed with the
election division or circuit court clerk shall be filed not later than
noon 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 of
nomination
Sec. 15. In a special election called by the governor, a certificate
of nomination may be filed with the public official with whom a
certificate is required to be filed at any time after the election is
called but no later than noon fifty (50) days before the date of the
election.
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 of
names; exception for President and Vice President
Sec. 16. (a) This section does not apply to the certification of
nominees under IC 3-10-4-5.
(b) The election division shall certify the following to each county
election board not later than noon seventy-four (74) days before a
general election:
(1) The name and place of residence of each person nominated
for election to:
(A) an office for which the electorate of the whole state may
vote;
(B) the United States House of Representatives;
(C) a legislative office; or
(D) a local office for which a declaration of candidacy must
be 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 has
filed a statement under IC 33-24-2 or IC 33-25-2 indicating that
the justice or judge wishes to have the question of the justice's
or judge's retention placed on the ballot.
(c) Subject to compliance with section 11 of this chapter, the
election division shall designate the device under which the list of
candidates of each political party will be printed and the order in
which the political party ticket will be arranged under IC 3-10-4-2
and 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 3-8-7-18
Certificate or petition containing names of more than one
candidate
Sec. 18. (a) This subsection applies to an office to which only one
(1) candidate may be elected. If a certificate or petition of
nomination contains the name of more than one (1) candidate for the
office, none of the names of the candidates on the certificate or
petition 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 the
names of more than the total number of candidates that may be
elected to that office, none of the names of the candidates on the
certificate or petition may be printed on the ballot as a candidate for
the 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 office
and Vice President
Sec. 19. (a) Except as provided in subsection (b), the name of a
person who has been nominated as a candidate for an elected office
may not appear in more than one (1) place on a ballot.
(b) The name of a person who is nominated as a candidate of a
political 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 the
federal 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 3-8-7-22
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 the
nominee of at least one (1) political party does not make and file an
election as required by section 21 of this chapter.
(b) The election division or circuit court clerk shall make the
election for the person.
(c) The election division or clerk shall give preference to the
nomination made by primary election and secondly to the nomination
given by convention. If the candidate is nominated by more than one
(1) convention or more than one (1) petition and the candidate does
not make the election, the election division or clerk shall give
preference to the first certificate of nomination for a convention
given to the candidate under IC 3-8-5-13 or IC 3-8-7-8, or the first
petition 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 this
chapter is made, the election division or the appropriate election
board shall place the name of the person on the list of nominees
under only the designation as an independent candidate or the
political party name and device indicated by the person or by the
election 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 shall
preserve all certificates and petitions of nomination filed under this
article 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 board
shall have printed on the respective general, special, or municipal
election ballots the names of the following candidates:
(1) Nominees chosen at a primary election under IC 3-10 and
certified as required by this chapter.
(2) Nominees chosen by a convention of a political party in the
state whose candidate received at least two percent (2%) of the
total vote cast for secretary of state at the last election and
certified under section 8 of this chapter.
(3) Nominees nominated by petition under IC 3-8-6.
(4) Nominees selected to fill a candidate vacancy under
IC 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 a
candidate's name that occurs after absentee ballots have been printed
bearing 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 name
of the candidate with the office where a declaration of candidacy or
certificate of nomination for the office is required to be filed. If the
final date and hour has not passed for filing a declaration of
candidacy, consent for nomination, or declaration of intent to be a
write-in candidate, the candidate must file the request for a change
of name on the form prescribed by the commission for the
declaration or consent.
(c) The statement filed under subsection (b) must also indicate the
following:
(1) That the candidate has previously filed a change of name
request with a county voter registration office so that the name
set forth in the statement is identical to the candidate's name on
the county voter registration record.
(2) How the candidate's legal name was changed.
(d) Upon the filing of the statement, the election division and each
county election board shall print the candidate's legal name on the
ballot 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) or
more factions claim the same party name, title, or device, the
commission, or the county election board, if appropriate, shall give
preference of name to the convention held at the time and place
designated in the call of the regularly constituted party authorities.
(b) If another faction presents no other party name, title, or
device, the commission or county election board shall:
(1) select a name or title;
(2) place the selected name or title before the list of candidates
of the faction that are on the ballot; and
(3) select some suitable device that complies with section 11 of
this 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 political
party; selection of devices
Sec. 27. If two (2) or more conventions are called by authorities
claimed to be the rightful authorities of a political party, the
commission or county election board shall select suitable devices to
distinguish one (1) faction from the other and have the ballots
prepared accordingly. However, if a political party entitled to
nominate by convention fails to do so, the names of all nominees by
petition for any office who are designated in their petitions as
members of and candidates of the party shall be placed on the ballot
under the name and device of the party on the ballots, as if
nominated 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 of
district
Sec. 28. (a) Except as provided in subsections (b) and (c), if a
nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or IC 3-10-1
desires to withdraw as the nominee, the nominee must file a notice
of withdrawal in writing with the public official with whom the
certificate 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 under
IC 3-8-5-14.5;
(4) on the date specified for declared write-in candidates under
IC 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 under
IC 3-8-1-5 must file a notice of withdrawal immediately upon
becoming disqualified. The filing requirements of subsection (a) do
not apply to a notice of withdrawal filed under this subsection.
(c) A candidate who has moved from the election district the
candidate sought to represent must file a notice of withdrawal
immediately after changing the candidate's residence. The filing
requirements of subsection (a) do not apply to a notice of withdrawal
filed 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 without
withdrawal of candidacy; procedure
Sec. 29. (a) This section applies:
(1) if a person:
(A) has been certified as a candidate in a certificate of
nomination filed under this chapter;
(B) moves from the election district that the person sought
to represent following the filing of the certificate of
nomination;
(C) does not file a notice of withdrawal of candidacy under
section 28 of this chapter; and
(D) is no longer an active candidate; or
(2) if a person is disqualified from being a candidate under
IC 3-8-1-5.
(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:
(1) state that this section applies to the person; and
(2) name the person described in subsection (a) and the public
official responsible for placing that person's name on the ballot
as defendants.
(c) When a complaint is filed under subsection (b), the circuit
court 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 vacancy
occurs 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 person
described in subsection (a); and
IC 3-8-7-30
Write-in candidates
Sec. 30. (a) Not later than noon August 1, the election division
shall certify to each county election board:
(1) the name of each individual who filed a declaration of intent
to be a write-in candidate with the election division; and
(2) any political party that the individual is affiliated with, or
whether the individual is an independent candidate.
(b) This subsection applies to a county that does not use a central
location to tally ballot card votes. The circuit court clerk shall
provide a copy of the certification under this section to the inspector
of each precinct, with instructions concerning the counting of
write-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.