This text of Indiana § 3-8-6-17 (Replacement of candidate on petition of nomination) 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.
(a)If:
(1)a petition of nomination contains the name of at least one (1)
candidate who seeks to be placed on the ballot as the candidate of
a political party described by section 1 of this chapter; and
(2)a candidate listed on the petition ceases to be a candidate after
the petition is circulated for signature or filed;
the candidate may be replaced on the petition in accordance with this
section.
(b)This subsection applies to a candidate described in subsection
(a)who sought a federal, state, or legislative office or a local office
described by IC 3-8-2-5. The state chairman of the political party may
file a written statement with the election division stating the name of
the substitute candidate. The statement must satisfy all of the
following:
(1)The statement must be on a form pr
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(a) If:
(1) a petition of nomination contains the name of at least one (1)
candidate who seeks to be placed on the ballot as the candidate of
a political party described by section 1 of this chapter; and
(2) a candidate listed on the petition ceases to be a candidate after
the petition is circulated for signature or filed;
the candidate may be replaced on the petition in accordance with this
section.
(b) This subsection applies to a candidate described in subsection
(a) who sought a federal, state, or legislative office or a local office
described by IC 3-8-2-5. The state chairman of the political party may
file a written statement with the election division stating the name of
the substitute candidate. The statement must satisfy all of the
following:
(1) The statement must be on a form prescribed by the election
division.
(2) The statement must state the following:
(A) The name of the individual who ceased to be a candidate.
(B) The date and reason the individual ceased to be a candidate.
(C) The name of the individual who will replace the candidate
as:
(i) the individual wants the individual's name to appear on the
ballot; and
(ii) the individual's name is permitted to appear on the ballot
under IC 3-5-7.
The substitute candidate must specify, by a designation
described in IC 3-5-7-5, each designation that the substitute
candidate wants to use that is permitted by IC 3-5-7.
(3) The statement must be accompanied by the following:
(A) The replacement candidate's consent to be nominated by
the petition and, if other candidates were listed on the petition,
the signed consent of those candidates to be the replacement.
(B) The former candidate's statement of withdrawal in a form
substantially similar to the form prescribed under IC 3-8-7-28
if the individual withdrew as a candidate.
A replacement 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 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 the nomination.
(c) This subsection applies to a candidate described in subsection
(a) who sought a local office other than a local office described by IC 3-8-2-5. The county, city, or town chairman of the political party may
file a written statement that conforms with subsection (b) with the
election board conducting the election for the local office.
(d) The statement required under subsection (b) or (c) must be filed
not later than the final date and time for the filing of a certificate of
candidate selection under IC 3-13-1-15(c).
(e) If a petition of nomination is circulated or filed by an
independent candidate and that individual ceases to be a candidate,
another candidate may not be substituted on the petition of nomination.