§ 3-8-6-12 — Petition of nomination; filing; contents

Indiana § 3-8-6-12

• Jurisdiction: Indiana
• Art. 8: CANDIDATES
• Ch. 6: Nomination by Petition for Independent or Minor

Text

(a) A petition of nomination for an office filed
under section 10 of this chapter must be filed with and, except as
provided in subsection (d), certified by the person with whom a
declaration of candidacy must be filed under IC 3-8-2.
(b) The certified petition of nomination must be accompanied by the
following:
(1) The candidate's written consent to become a candidate.
(2) The following statements:
(A) A statement that the candidate has attached either of the
following to the petition:
(i) A copy of a statement of economic interests, file stamped
by the office required to receive the statement of economic
interests.
(ii) A receipt or photocopy of a receipt showing that a
statement of economic interests has been filed.
This requirement does not apply to a candidate for a federal
office.
(B) A statement 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. This requirement does not apply to a candidate for a
federal office or legislative office.
(C) A statement 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. This requirement does
not apply to a candidate for a federal office, state office, or
legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal
office.
The candidate must separately initial each of the statements
required by this subdivision.
(3) If the candidate is subject to IC 3-9-1-5, a statement by the
candidate that the candidate has filed a campaign finance
statement of organization under IC 3-9-1-5 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
for filing a petition for nomination under section 10 of this
chapter.
(4) If the candidate is subject to IC 3-9-1-5.5, a statement by the
candidate that the candidate is aware of the requirement 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.
(5) A statement indicating whether or not each candidate:
(A) has been a candidate for state or local office in a previous
primary or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all previous
candidacies.
(6) A statement that each candidate is legally qualified to hold the
office that the candidate seeks, including any applicable residency
requirements and restrictions on service due to a criminal
conviction.
(7) If the petition is filed with the secretary of state for an office
not elected by the electorate of the whole state, a statement signed
by the circuit court clerk of each county in the election district of
the office sought by the individual.
(8) Any statement of economic interests required under IC 3-8-1-33.
(c) The statement required under subsection (b)(7) must:
(1) be certified by each circuit court clerk; and
(2) indicate the number of votes cast for secretary of state:
(A) at the last election for secretary of state; and
(B) in the part of the county included in the election district of
the office sought by the individual filing the petition.
(d) The person with whom the petition of nomination must be filed
under subsection (a) shall:
(1) determine whether a sufficient number of signatures as
required by section 3 of this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures,
certify the petition.
(B) If the petition has an insufficient number of signatures,
deny the certification.
(e) The secretary of state shall, by noon on the date specified under
IC 3-8-7-16 for the certification of candidates and public questions by
the election division:
(1) certify; or
(2) deny certification under subsection (d) to;
each petition of nomination filed in the secretary of state's office to the
appropriate county.
(f) The election division shall provide that the form of a petition of
nomination includes the following information:
(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.
(g) A candidate's consent to become a candidate 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 become a candidate. If there is a difference between the
name on the candidate's consent to become a candidate and the name
on the candidate's voter registration record, the officer with whom the
consent to become a candidate 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 consent to become a candidate.
(h) If the person with whom the petition was filed denies
certification under subsection (d), the person shall notify the candidate
immediately by certified mail.
(i) A candidate may contest the denial of certification under
subsection (d) based on:
(1) the county voter registration office's failure to certify, under
section 8 of this chapter, qualified petitioners; or
(2) the determination described in subsection (d)(1);
using the procedure in IC 3-8-1-2 and section 14 of this chapter that
applies to questions concerning the validity of a petition of nomination.
[Pre-1986 Recodification Citation: 3-1-11-1(l) part.]

Legislative History

As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.120; P.L.10-1988, SEC.50; P.L.4-1991, SEC.41; P.L.3-1995, SEC.60; P.L.3-1997, SEC.149; P.L.253-1997(ss), SEC.1; P.L.176-1999, SEC.33; P.L.202-1999, SEC.8; P.L.14-2000, SEC.4; P.L.26-2000, SEC.7; P.L.66-2003, SEC.14; P.L.225-2011, SEC.37; P.L.76-2014, SEC.20; P.L.169-2015, SEC.61; P.L.74-2017, SEC.29; P.L.227-2023, SEC.46.