§ 3-10-2-15 — Nomination of candidates for certain local offices by convention; deadline; certification of nominees; consent of nominees

(a) This section applies to a political party
whose nominee received at least two percent (2%) but less than ten
percent (10%) of the votes cast for secretary of state at the last election
for that office.
(b) This section applies only to a local office that is:
(1) not listed in IC 3-8-2-5; and
(2) not a municipal office subject to IC 3-8-5-17 or IC 3-10-6-12.
(c) A political party subject to this section shall nominate the party's
candidate for a local office at a county convention of the party
conducted not later than noon on the date specified by IC 3-13-1-7(a)(1) for a major political party to act to fill a candidate
vacancy.
(d) The chairman and secretary of the convention shall execute a
certificate of nomination in writing, setting out the following:
(1) The name of each nominee as:
(A) the nominee wants the nominee's name to appear on the
ballot; and
(B) the nominee's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The residence address of each nominee.
(3) The office for which each nominee was nominated.
(4) That each nominee is legally qualified to hold office.
(5) The political party device or emblem by which the ticket will
be designated on the ballot.
Both the chairman and secretary shall acknowledge the certificate
before an officer authorized to take acknowledgment of deeds.
(e) Each candidate nominated under this section shall execute a
consent to the nomination in the same form as a candidate nominated
by petition under IC 3-8-6.
(f) The certificate required by subsection (d) and the consent
required by subsection (e) must be filed with the circuit court clerk of
the county containing the greatest percentage of population of the
election district for which the candidate has been nominated by the
convention 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.
(g) A candidate's consent to the 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
consent to the nomination. If there is a difference between the name on
the candidate's consent to the nomination and the name on the
candidate's voter registration record, the officer with whom the consent
to the nomination is filed shall forward the information to the voter
registration officer of the appropriate county. 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 consent to the nomination.
(h) A question concerning the validity of a candidate's nomination
under this section shall be determined by a county election board in
accordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c).
(i) A nominee who wants to withdraw must file a notice of
withdrawal in accordance with IC 3-8-7-28.

Legislative History

As added by P.L.4-1996, SEC.45. Amended by P.L.202-1999, SEC.14; P.L.66-2003, SEC.31; P.L.9-2004, SEC.14.