§ 3-8-7-29 — Candidates moving out of district or disqualified without withdrawal of candidacy; procedure

Indiana § 3-8-7-29

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

Text

(a) This section applies:
(1) if a person:
(A) has been certified as a candidate in a certificate of
nomination filed under this chapter;
(B) moves from the election district that the person sought to
represent following the filing of the certificate of nomination;
(C) does not file a notice of withdrawal of candidacy under
section 28 of this chapter; and
(D) is no longer an active candidate; or
(2) if a person is disqualified from being a candidate under IC 3-8-1-5.
(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; and
(2) name the person described in subsection (a) and the public
official responsible for placing that person's name on the ballot as
defendants.
(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 or IC 3-13-2.

Legislative History

As added by P.L.3-1987, SEC.138. Amended by P.L.4-1991, SEC.43; P.L.84-2016, SEC.9.