§ 3-8-7-20 — Person nominated by two or more nominating procedures

Indiana § 3-8-7-20

• Jurisdiction: Indiana
• Art. 8: CANDIDATES
• Ch. 7: Certification of Nominees and Ballot Placement

Text

(a) If a person has been nominated as a
candidate for the same office by:
(1) both convention and petition;
(2) both primary election and petition;
(3) both primary election and convention;
(4) more than one (1) petition; or
(5) more than one (1) convention;
the person's name may be placed on the ballot only once.
(b) This subsection applies only to a person nominated by both
convention and petition. The person's name shall be placed on the list
of candidates nominated by convention, and the place occupied by the
person's name in the petition must be left blank. However, if the
candidate files a written statement:
(1) acknowledged before a person authorized to take
acknowledgments;
(2) in the office where a petition of nomination for the office must
be filed;
(3) no later than noon of the last day for filing a petition of
nomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by
petition;
the person's name must be so printed and omitted from the list
nominated by convention.
(c) This subsection applies only to a person nominated by both
primary election and petition. The person's name must be placed on the
list of candidates nominated by primary election, and the place
occupied by the person's name in the petition must be left blank.
However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a petition of nomination for the office must
be filed;
(3) not later than noon the last day for filing a petition of
nomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by
petition;
the person's name must be so printed and omitted from the list
nominated by primary election.
(d) This subsection applies only to a person nominated by both
primary election and convention. The person's name must be placed on
the list of candidates nominated by primary election, and the place
occupied by the person's name in the certificate of nomination of the
convention must be left blank. However, if the candidate files a written
statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a certificate of nomination for the office
must be filed;
(3) not later than noon the last day for filing a certificate of
nomination; and
(4) requesting that the person's name be printed as nominated by
convention;
the person's name must be so printed and omitted from the list
nominated by primary election.
(e) This subsection applies only to a person nominated by more than
one (1) petition. The person's name must be placed on the list of
candidates nominated by petition for the first petition of nomination
certified under IC 3-8-6 and filed with the election division or county
election board under IC 3-8-6-10(c), and the place occupied by the
person's name in a subsequent petition must be left blank. However, if
the candidate files a written statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a petition of nomination for the office must
be filed;
(3) not later than noon the last day for filing a petition of
nomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by
a subsequent petition;
the person's name must be placed on the list of candidates nominated
by the subsequent petition.
(f) This subsection applies to a person nominated by more than one
(1) convention. The person's name must be placed on the list of
candidates nominated by convention for the first certificate of
nomination filed with the public official with whom the certificate is
required to be filed, and the place occupied by the person's name in a
subsequent certificate of nomination of the convention must be left
blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a certificate of nomination for the office
must be filed;
(3) not later than noon the last day for filing a certificate of
nomination; and
(4) requesting that the person's name be printed as nominated by
a subsequent convention;
the person's name must be printed as nominated by the subsequent
convention.
(g) If an individual is nominated as a candidate under IC 3-13-1 to
fill a candidate vacancy, the individual is considered for purposes of
this section to have been nominated in the same manner as the
candidate whom the individual succeeded or in the same manner as a
candidate would have been nominated if no nomination is made. If an
individual is nominated as a candidate under IC 3-13-2 to fill a
candidate vacancy, the individual may not be placed on the ballot as
the candidate of any other political party.
[Pre-1986 Recodification Citation: 3-1-11-3 part.]

Legislative History

As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.61; P.L.38-1999, SEC.27.