§ 3-8-1-2 — Questioned candidacy filing; jurisdiction to act; sworn statement; determination of eligibility or validity; denial of filing

(a) This section does not apply to a candidate
challenged under IC 3-8-8.
(b) The commission, a county election board, or a town election
board shall act if a candidate (or a person acting on behalf of a
candidate in accordance with state law) has filed any of the following:
(1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
(2) A request for ballot placement in a presidential primary under
IC 3-8-3.
(3) A petition of nomination or candidate's consent to nomination
under IC 3-8-2.5 or IC 3-8-6.
(4) A certificate of nomination under IC 3-8-5, IC 3-8-7, IC 3-10-2-15, or IC 3-10-6-12.
(5) A certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
(6) A declaration of intent to be a write-in candidate under IC 3-8-2-2.5.
(7) A contest to the denial of certification under IC 3-8-2.5 or IC 3-8-6-12.
(c) The commission has jurisdiction to act under this section with
regard to any filing described in subsection (b) that was made with the
election division. Except for a filing under the jurisdiction of a town
election board, a county election board has jurisdiction to act under this
section with regard to any filing described in subsection (b) that was
made with the county election board, county voter registration office,
or the circuit court clerk. A town election board has jurisdiction to act
under this section with regard to any filing that was made with the
county election board, the county voter registration office, or the circuit
court clerk for nomination or election to a town office.
(d) Except as provided in subsection (f), before the commission or
election board acts under this section, a registered voter of the election
district that a candidate seeks to represent or a county chairman of a
major political party of a county in which any part of the election
district is located must file a sworn statement before a person
authorized to administer oaths, with the election division or election
board:
(1) questioning the eligibility of the candidate to seek the office;
and
(2) setting forth the facts known to the voter or county chairman
of a major political party of a county concerning this question.
(e) The eligibility of a write-in candidate or a candidate nominated
by a convention, petition, or primary may not be challenged under this
section if the commission or board determines that all of the following
occurred:
(1) The eligibility of the candidate was challenged under this
section before the candidate was nominated.
(2) The commission or board conducted a hearing on the affidavit
before the nomination.
(3) This challenge would be based on substantially the same
grounds as the previous challenge to the candidate.
(f) Before the commission or election board can consider a contest
to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a
candidate (or a person acting on behalf of a candidate in accordance
with state law) must file a sworn statement with the election division
or election board:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the candidate supporting the
basis for the contest.
(g) Upon the filing of a sworn statement under subsection (d) or (f),
the commission or election board shall determine the validity of the
questioned:
(1) declaration of candidacy;
(2) declaration of intent to be a write-in candidate;
(3) request for ballot placement under IC 3-8-3;
(4) petition of nomination;
(5) certificate of nomination;
(6) certificate of candidate selection issued under IC 3-13-1-15 or
IC 3-13-2-8; or
(7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
(h) The commission or election board shall deny a filing if the
commission or election board determines that the candidate has not
complied with the applicable requirements for the candidate set forth
in the Constitution of the United States, the Constitution of the State of
Indiana, or this title.
[Pre-1986 Recodification Citation: 3-1-9-5(h) part.]

Legislative History

As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.81; P.L.12-1995, SEC.59; P.L.3-1995, SEC.47; P.L.2-1996, SEC.84; P.L.3-1997, SEC.113; P.L.38-1999, SEC.21; P.L.176-1999, SEC.25; P.L.66-2003, SEC.11; P.L.97-2004, SEC.3; P.L.194-2013, SEC.11; P.L.169-2015, SEC.51; P.L.74-2017, SEC.19; P.L.278-2019, SEC.18.