This text of Indiana § 3-8-5-10.5 (Declaration of candidacy) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
5.
(a)A person who desires to be nominated
for a town office by a major political party must file a declaration of
candidacy with the circuit court clerk of the county containing the
greatest percentage of population of the town.
(b)A declaration of candidacy must be filed:
(1)not earlier than the first date that a declaration of candidacy
for a primary election may be filed under IC 3-8-2-4; and
(2)not later than:
(A)noon August 1 before a municipal election if the town
nominates its candidates by convention; and
(B)the date that a declaration of candidacy must be filed under
IC 3-8-2-4 if the town nominates its candidates by a primary
election.
(c)The declaration must be subscribed and sworn to (or affirmed)
before a notary public or other person authorized to administer oaths.
(d
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5. (a) A person who desires to be nominated
for a town office by a major political party must file a declaration of
candidacy with the circuit court clerk of the county containing the
greatest percentage of population of the town.
(b) A declaration of candidacy must be filed:
(1) not earlier than the first date that a declaration of candidacy
for a primary election may be filed under IC 3-8-2-4; and
(2) not later than:
(A) noon August 1 before a municipal election if the town
nominates its candidates by convention; and
(B) the date that a declaration of candidacy must be filed under
IC 3-8-2-4 if the town nominates its candidates by a primary
election.
(c) The declaration must be subscribed and sworn to (or affirmed)
before a notary public or other person authorized to administer oaths.
(d) The declaration of each candidate required by this section must
certify 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.
A candidate must specify, by a designation described in IC 3-5-7-5, each designation that the candidate wants to use that is
permitted by IC 3-5-7.
(2) That the candidate is a registered voter and the location of the
candidate's precinct and township (or the ward, if applicable, and
town), county, and state.
(3) The candidate's complete residence address and the
candidate's mailing address if the mailing address is different
from the residence address.
(4) The majority party candidate's party affiliation and the office
to which the candidate seeks nomination, including the district
designation if the candidate is seeking a town legislative body
seat. For purposes of this subdivision, a candidate is considered
to be affiliated with a political party only if one (1) of the
following applies:
(A) The two (2) most recent primary elections in Indiana in
which the candidate voted were both primary elections held by
the party with which the candidate claims affiliation. If the
candidate cast a nonpartisan ballot at an election held at either
of the two (2) most recent primary elections in which the
candidate voted, a certification by the county chairman under
clause (B) is required.
(B) The county chairman of:
(i) the political party with which the candidate claims
affiliation; and
(ii) the county in which the candidate resides;
certifies in writing that the candidate is a member of the
political party.
The declaration of candidacy must inform a candidate how party
affiliation is determined under this subdivision and permit the
candidate to indicate on the declaration of candidacy whether
clause (A) or (B) applies to the candidate. If a candidate claims
party affiliation under clause (B), the candidate must attach to the
candidate's declaration of candidacy the written certification of
the county chairman required by clause (B).
(5) 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 is not
ineligible to be a candidate due to a criminal conviction that
would prohibit the candidate from serving in the office.
(6) That the candidate has attached either of the following to the
declaration:
(A) A copy of a statement of economic interests, file stamped
by the office required to receive the statement of economic
interests.
(B) A receipt or photocopy of a receipt showing that a
statement of economic interests has been filed.
(7) That the candidate understands that if the candidate is elected
to the office, the candidate may be required to obtain and file an
individual surety bond before serving in the office.
(8) That the candidate understands that if the candidate is elected
to the office, the candidate may be required to successfully
complete training or have attained certification related to service
in an elected office.
(9) 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.
(10) A statement indicating whether or not the candidate:
(A) has been a candidate for state, legislative, local, or school
board office in a previous primary, municipal, special, or
general election; and
(B) has filed all reports required by IC 3-9-5-10 for all previous
candidacies.
(11) The candidate's signature.
(e) This subsection does not apply to a town whose municipal
election is to be conducted by a county. Immediately after the deadline
for filing, the circuit court clerk shall do all of the following:
(1) Certify to the town clerk-treasurer and release to the public a
list of the candidates of each political party for each office. The
list shall indicate any candidates of a political party nominated for
an office under this chapter because of the failure of any other
candidates of that political party to file a declaration of candidacy
for that office.
(2) Post a copy of the list in a prominent place in the circuit court
clerk's office.
(3) File a copy of each declaration of candidacy with the town
clerk-treasurer.
(f) 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.
(g) 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
year as a member of a different political party until the original
declaration is withdrawn.
(h) A person who files a declaration of candidacy under this section
may file a written notice withdrawing the person's declaration of
candidacy in the same manner as the original declaration was filed, if
the notice of withdrawal is filed not later than:
(1) noon August 1 before the municipal election if the town
nominates its candidates by convention; and
(2) the date that a declaration of candidacy may be withdrawn
under IC 3-8-2-20 if the town nominates its candidates in a
primary election.
(i) 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(d). 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.