Indiana § 3-8-6-16 Candidate departing election district without withdrawal of candidacy;
procedure

Indiana Statutes

§ 3-8-6-16 — Candidate departing election district without withdrawal of candidacy; procedure

Indiana § 3-8-6-16

Art. 8CANDIDATES

Ch. 6Nomination by Petition for Independent or Minor

This text of Indiana § 3-8-6-16 (Candidate departing election district without withdrawal of candidacy; procedure) 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.

Bluebook

Ind. Code § 3-8-6-16 (2026).

Text

(a)This section applies if a person:

(1)files a petition of nomination under this chapter;

(2)moves from the election district that the person sought to represent following the filing of the petition of nomination;

(3)does not file a notice of withdrawal of candidacy under section 13.5 of this chapter; and

(4)is no longer an active candidate.

(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, superior court, or probate 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;

(2)name the

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(a) This section applies if a person:
(1) files a petition of nomination under this chapter;
(2) moves from the election district that the person sought to
represent following the filing of the petition of nomination;
(3) does not file a notice of withdrawal of candidacy under section
13.5 of this chapter; and
(4) is no longer an active candidate.
(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, superior court, or probate
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;
(2) name the person described in subsection (a) and the public
official responsible for placing that person's name on the ballot as
defendants; and
(3) be filed no later than a notice of withdrawal could have been
filed under section 13.5 of this chapter.
(c) When a complaint is filed under subsection (b), the circuit court,
superior court, or probate 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
(B) a candidate on the ballot for the office sought by the person
described in subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1 if the
candidate represents a political party not qualified to nominate
candidates in a primary or by convention.