CHAPTER 3. PRESIDENTIAL PRIMARY CANDIDATES
IC 3-8-3
Chapter 3. Presidential Primary Candidates
IC 3-8-3-1
Written request to place name on ballot
Sec. 1. (a) This section applies to candidates affiliated with a
major political party of the state.
(b) A candidate of a major political party for nomination for the
office of President of the United States during the period under
IC 3-8-2-4 in which a declaration of candidacy may be filed for the
primary election held in the year in which a President is to be
elected, shall file with the election division a request that the
candidate's name be placed upon the ballot under the label of the
political party whose nomination the candidate is seeking.
(c) A candidate described under subsection (b) may, in the
alternative, file the request with the secretary of state. If the secretary
of state receives a request under this subsection, the secretary shall
immediately forward the request to the election division.
(d) Notwithstanding subsection (b), a request filed on the final
day permitted under subsection (b) must be filed with the secretary
of state. For all other purposes under this title, a request filed with
the secretary of state is subject to the same procedures and
requirements as a request filed with the election division.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.36;
P.L.3-1997, SEC.133.
IC 3-8-3-2
Petition accompanying request
Sec. 2. (a) A request filed under section 1 of this chapter must be
accompanied by a petition signed by at least four thousand five
hundred (4,500) voters of the state, including at least five hundred
(500) voters from each congressional district.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner.
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has
been adopted under IC 3-3; and
(2) ending on the date that the part of the act or order issued
under IC 3-3-2 establishing the previous congressional district
plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred
(4,500) voters of Indiana, including at least five hundred (500) voters
from each congressional district created by the most recent
congressional district plan adopted under IC 3-3.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.54;
P.L.126-2002, SEC.30.
IC 3-8-3-3
Validity of petition; certification
Sec. 3. (a) A petition required by section 2 of this chapter must
request that the candidate's name be placed on the ballot at the
primary election.
(b) The county voter registration office in the county where the
petitioner is registered must certify whether each petitioner is a voter
of the county. The certification must accompany and be part of the
petition.
(c) If a county is part of more than one (1) congressional district,
the certificate must indicate the number of petitioners from that
county who reside in each congressional district.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.134.
IC 3-8-3-4
Time for filing petition
Sec. 4. A petition required by section 2 of this chapter must be
submitted to the county voter registration office during the period
beginning January 1 of the year in which the primary election will be
held and ending at noon ten (10) days before the final date for filing
a declaration of candidacy under IC 3-8-2-4 for the primary election.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.37;
P.L.3-1997, SEC.135.
IC 3-8-3-5
Deadline for receipt by election division
Sec. 5. A request or petition filed under this chapter is not valid
unless received in the office of the election division by noon
Indianapolis time on the final day for filing a declaration of
candidacy under IC 3-8-2-4 before a primary election.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.136.
IC 3-8-3-6
Certification and release of list of candidates
Sec. 6. Immediately after the deadline for filing, the election
division shall certify and release to the public a list of the candidates
for nomination as President of the United States for each political
party who have filed a request for placement on the primary ballot
under this chapter. The election division shall also release to the
public a list of all requests whose validity has been questioned under
IC 3-8-1-2.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.137.
IC 3-8-3-7
Questions concerning validity of request
Sec. 7. All questions concerning the validity of a request shall be
determined by the commission not later than the deadline to act upon
questions concerning primary candidates under IC 3-8-2-18.
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.87;
P.L.3-1997, SEC.138.
IC 3-8-3-8
Certified list of candidates
Sec. 8. (a) Not later than the date prescribed under IC 3-8-2-17 for
transmitting a certified list of candidates before a presidential
primary election, the election division shall transmit to each county
election board a certified list containing the name of each person
qualified as a candidate for nomination for the office of President of
the United States and the name of the political party whose
nomination the candidate is seeking. This list may be amended in the
same manner prescribed by IC 3-8-2-17.
(b) Except in accordance with an amendment to the certified list,
each county election board shall have the names of the candidates
certified by the election division placed on the ballot as provided by
law.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.139.
IC 3-8-3-9
Sending copy of returns to election division
Sec. 9. (a) Each circuit court clerk shall, not later than noon on the
second Monday after the day the primary election is held, send to the
election division by certified mail or hand delivery one (1) complete
copy of all returns for presidential candidates. The clerk shall state
the number of votes received by each candidate in each congressional
district within the county.
(b) A statement described in subsection (a) may be sent by using
the computerized list established under IC 3-7-26.3. A statement sent
under this section complies with any requirement for the statement
to be certified or sealed.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.100;
P.L.3-1997, SEC.140; P.L.81-2005, SEC.30; P.L.221-2005, SEC.14;
P.L.230-2005, SEC.26; P.L.1-2006, SEC.3.
IC 3-8-3-10
Certification of result of presidential primary vote to state
chairmen
Sec. 10. The election division shall tabulate the results submitted
under section 9 of this chapter and promptly certify to the state
chairman of each political party the result of the presidential primary
vote for the candidates of that party.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.101;
P.L.3-1997, SEC.141.
IC 3-8-3-11
Delegates to national convention; support of candidate on first
ballot
Sec. 11. A delegate or alternate delegate selected from a
congressional district to the national convention of a political party
shall, on the first ballot at the national convention, support the
candidate for President of the United States who received the highest
number of votes in the congressional district at the primary election
if the person is in fact a candidate at the convention. A
delegate-at-large or alternate delegate-at-large to the national
convention is not required to support a specific candidate for
President on any ballot at the convention.
As added by P.L.5-1986, SEC.4.