§ 3-8-7-11 — Device used to designate political party candidates

(a) Except as provided in subsection (f), if a
political party has filed a statement with the election division (or any
of its predecessors) that the device selected by the political party be
used to designate the candidates of the political party on the ballot for
all elections throughout the state, the device must be used until:
(1) the device is changed in accordance with party rules; and
(2) a statement concerning the use of the new device is filed with
the election division.
(b) Except as provided in subsection (c), the device may be any
appropriate symbol.
(c) A political party may not use any of the following as a device:
(1) A symbol that has previously been filed by a political party
with the election division (or any of its predecessors).
(2) The coat of arms or seal of the state or of the United States.
(3) The national or state flag.
(4) Any other emblem common to the people.
(d) Not later than noon on the date specified under section 16 of this
chapter for the certification of candidates and public questions by the
election division, the election division shall provide each county
election board with a camera-ready copy of the device under which the
candidates of the political party or the petitioner are to be listed so that
ballots may be prepared using the best possible reproduction of the
device.
(e) This subsection applies to a political party whose device is not
filed with the election division under subsection (a) and is to be printed
only on ballots to identify candidates for election to a local office. Not
later than noon on the date specified under section 16 of this chapter
for the certification of candidates and public questions by the election
division, the chairman of the political party or the petitioner of
nomination shall file a camera-ready copy of the device under which
the candidates of the political party or the petitioner are to be listed
with the county election board of each county in which the name of the
candidate or party will be placed on the ballot. The county election
board shall provide the camera-ready copy of the device to the town
election board of a town located wholly or partially within the county
upon request by the town election board.
(f) If a copy of the device is not filed in accordance with subsection
(a) or (e), or unless a device is designated in accordance with section
26 or 27 of this chapter, the county election board or town election
board is not required to use any device to designate the list of
candidates.
(g) If a device is filed with the election division or an election board
after the commencement of printing of ballots for use at an election
conducted under this title, the election board responsible for printing
the ballots is not required to alter the ballots to include the device filed
under this subsection.
[Pre-1986 Recodification Citation: 3-1-11-1(h) part.]

Legislative History

As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.127; P.L.3-1997, SEC.156; P.L.14-2004, SEC.66; P.L.230-2005, SEC.31; P.L.225-2011, SEC.38; P.L.227-2023, SEC.50.