CHAPTER 6. NOMINATION BY PETITION FOR INDEPENDENT OR MINOR POLITICAL PARTY CANDIDATES
IC 3-8-6
Chapter 6. Nomination by Petition for Independent or Minor
Political Party Candidates
IC 3-8-6-1
Application of chapter
Sec. 1. This chapter applies to a candidate for nomination to an
elected office who:
(1) is an independent candidate; or
(2) represents a political party not qualified to nominate
candidates in a primary or by convention.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.70.
IC 3-8-6-2
Nomination by petition
Sec. 2. A candidate may be nominated for an elected office by
petition of voters who are registered to vote at the time of signing the
petition and qualified to vote for the candidate.
As added by P.L.5-1986, SEC.4.
IC 3-8-6-3
Required number of signatures
Sec. 3. (a) A petition of nomination must be signed by the number
of voters equal to two percent (2%) of the total vote cast at the last
election for secretary of state in the election district that the
candidate seeks to represent.
(b) In determining the number of signatures required under this
section, any fraction in excess of a whole number must be
disregarded.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.145.
IC 3-8-6-4
Nature of office sought; independent candidates
Sec. 4. (a) Each candidate nominated by petition under section 2
of this chapter must be seeking an office that serves the entire state
or a congressional or legislative district, or the same political
subdivision.
(b) For purposes of subsection (a), candidates seeking a fiscal or
legislative body seat elected only by the voters of a district within a
county or municipality and candidates seeking an office to be voted
on by all the voters of the county or municipality are considered to
be seeking offices that serve the same political subdivision.
(c) An independent candidate may not include the name of any
other candidate on the petition or request to be placed on the ballot
as associated with any other candidate, except for the other candidate
included on an independent ticket for President and Vice President
of the United States or governor and lieutenant governor.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.71;
P.L.14-2004, SEC.62.
IC 3-8-6-5
Contents of petition
Sec. 5. (a) A petition of nomination must state all of the
following:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on
the ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The address of each candidate, including the mailing
address, if different from the residence address of the candidate.
(3) The office that each candidate seeks.
(4) The information required under IC 3-10-4-5, if the petition
nominates candidates for presidential electors.
(5) That the petitioners desire and are registered and qualified
to vote for each candidate.
(6) Whether the candidate is affiliated with the same political
party as any other candidate or group of candidates that has
filed or will be filing a petition of nomination with the county
voter registration office under section 10 of this chapter. This
subdivision does not apply to an independent candidate.
(b) A petition of nomination must:
(1) designate a brief name of the political party that the
candidates represent;
(2) indicate that the candidate is an independent candidate; or
(3) indicate that the candidates are an independent ticket.
(c) If a political party has previously filed a device with the
election division under IC 3-8-7-11, the petition may incorporate that
device by reference in the petition. If a political party has not
previously filed a device under IC 3-8-7-11, or the petition is for an
independent ticket, the petition of nomination may include a device
for designating the party or ticket on the ballot.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.47;
P.L.3-1993, SEC.72; P.L.3-1995, SEC.59; P.L.3-1997, SEC.146;
P.L.202-1999, SEC.7; P.L.14-2004, SEC.63; P.L.230-2005, SEC.30.
IC 3-8-6-5.5
Questions concerning validity of filings
Sec. 5.5. (a) This section applies to a petition of nomination which
states that a candidate is affiliated with a political party.
(b) If a candidate claims affiliation with a political party:
(1) described by IC 3-8-4-1;
(2) of a candidate who has previously filed a petition of
nomination under this chapter; or
(3) whose name would result in voter confusion due to its
similarity with the name of a political party described in
subdivision (1) or (2);
a registered voter of the election district may question the validity of
the filing in accordance with IC 3-8-1-2.
(c) If the voter affirms under subsection (b) that:
(1) the candidate is not the nominee of the political party
described in subsection (b)(1);
(2) the candidate is not affiliated with the political party
described in subsection (b)(2); or
(3) the name of the political party set forth in the petition would
cause voter confusion under subsection (b)(3);
the commission or county election board shall determine the validity
of the questioned filing under section 14 of this chapter.
(d) Following the filing of a question under subsection (b)(3) and
not later than the deadline for resolution of a question concerning a
petition under section 14 of this chapter, all candidates named in the
petition may file a joint written amendment to the petition to alter the
name of the political party or to indicate that the candidates are
independent.
(e) If:
(1) the commission or county election board determines that the
party affiliation stated on the petition is described under
subsection (b) and that the affirmation of the voter under
subsection (c) is correct; and
(2) in the case of a determination under subsection (c)(3), the
candidates do not file an amendment under subsection (d);
the commission or board shall deny the filing.
As added by P.L.3-1997, SEC.147. Amended by P.L.14-2004,
SEC.64.
IC 3-8-6-6
Signatures; petitioners must be registered to vote
Sec. 6. The signatures to a petition of nomination need not be
appended to one (1) paper, but a petitioner may not be counted unless
at the time of signing the petitioner is registered and qualified to
vote. 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.
As added by P.L.5-1986, SEC.4.
IC 3-8-6-7
Petitioners to sign nomination petition
Sec. 7. Each petitioner on a petition of nomination must sign the
petitioner's name or have the petitioner's mark attested.
As added by P.L.5-1986, SEC.4.
IC 3-8-6-8
Certification of petitioners as eligible to vote
Sec. 8. For a petition of nomination to be considered valid by the
officer required to receive the petition, the circuit court clerk or
board of registration in the county where the petitioner is registered
must certify that each petitioner is a voter in the county. The
certification must accompany and be part of each petition. The
certification must indicate that each petitioner is eligible to vote for
the candidates being nominated by the petition.
As added by P.L.5-1986, SEC.4.
IC 3-8-6-9
Repealed
(Repealed by P.L.10-1992, SEC.30 and P.L.11-1992, SEC.4.)
IC 3-8-6-10
Time for submitting and filing petition; census
Sec. 10. (a) Except as provided in section 11 of this chapter, a
petition of nomination must be submitted to the county voter
registration office of each county in which the election district is
located.
(b) The petition must be filed during the period beginning January
1 of the year in which the election will be held and ending at noon
June 30 before the election.
(c) The county voter registration office shall certify and file a
petition that complies with the requirements of this chapter with the
public official authorized to place names on the ballot (and with the
town clerk-treasurer, if the petition of nomination is for a town
office) not later than noon July 15. Following certification of a
petition under this section, the office may, upon the request of a
candidate named in the petition, return the original petition to the
candidate for filing with the appropriate official in accordance with
this subsection.
(d) During a year in which a federal decennial census, federal
special census, special tabulation, or corrected population count
becomes effective under IC 1-1-3.5, a petition of nomination may be
filed for an office that will appear on the primary election ballot that
year as a result of the new tabulation of population or corrected
population count.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.118;
P.L.1-1988, SEC.6; P.L.10-1988, SEC.48; P.L.2-1990, SEC.7;
P.L.3-1997, SEC.148; P.L.176-1999, SEC.32; P.L.260-2001, SEC.1.
IC 3-8-6-11
Town and school board offices; filing of nomination petition
Sec. 11. (a) Whenever a town is wholly or partly located in a
county having a consolidated city, a petition of nomination must be
filed with the circuit court clerk of the county having the
consolidated city.
(b) Whenever a town not described in subsection (a) has entered
into an agreement with a county under IC 3-10-7-4, the petition must
be filed with the circuit court clerk or board of registration of that
county.
(c) Whenever a school corporation is located in more than one (1)
county, a petition for the nomination of a candidate to a school board
office must be filed with the circuit court clerk or board of
registration of the county having the greatest percentage of
population of the election district.
(d) When a petition is filed under subsection (a), (b), or (c) for
nomination to an office whose election district is in more than one
(1) county, the circuit court clerk or board of registration shall
examine the voter registration records of each county in the election
district to determine if each petitioner is eligible to vote for the
candidates being nominated by the petition.
As added by P.L.5-1986, SEC.4. Amended by P.L.6-1986, SEC.5;
P.L.3-1987, SEC.119; P.L.10-1988, SEC.49; P.L.3-1989, SEC.6.
IC 3-8-6-12
Filing petition of nomination
Sec. 12. (a) A petition of nomination for an office filed under
section 10 of this chapter must be filed with and, except as provided
in subsection (d), certified by the person with whom a declaration of
candidacy must be filed under IC 3-8-2.
(b) The petition of nomination must be accompanied by the
following:
(1) The candidate's written consent to become a candidate.
(2) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by
this subdivision.
(3) If the candidate is subject to IC 3-9-1-5, a statement by the
candidate that the candidate has filed a campaign finance
statement of organization under IC 3-9-1-5 or is aware that the
candidate may be required to file a campaign finance statement
of organization not later than noon seven (7) days after the final
date for filing a petition for nomination under section 10 of this
chapter.
(4) If the candidate is subject to IC 3-9-1-5.5, a statement by the
candidate that the candidate is aware of the requirement to file
a campaign finance statement of organization under IC 3-9 after
the first of either of the following occurs:
(A) The candidate receives more than five hundred dollars
($500) in contributions.
(B) The candidate makes more than five hundred dollars
($500) in expenditures.
(5) A statement indicating whether or not each candidate:
(A) has been a candidate for state or local office in a
previous primary or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all
previous candidacies.
(6) A statement that each candidate is legally qualified to hold
the office that the candidate seeks, including any applicable
residency requirements and restrictions on service due to a
criminal conviction.
(7) If the petition is filed with the secretary of state for an office
not elected by the electorate of the whole state, a statement
signed by the circuit court clerk of each county in the election
district of the office sought by the individual.
(8) Any statement of economic interests required under
IC 3-8-1-33.
(c) The statement required under subsection (b)(7) must:
(1) be certified by each circuit court clerk; and
(2) indicate the number of votes cast for secretary of state:
(A) at the last election for secretary of state; and
(B) in the part of the county included in the election district
of the office sought by the individual filing the petition.
(d) The person with whom the petition of nomination must be
filed under subsection (a) shall:
(1) determine whether a sufficient number of signatures as
required by section 3 of this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures,
certify the petition.
(B) If the petition has an insufficient number of signatures,
deny the certification.
(e) The secretary of state shall, by noon August 20:
(1) certify; or
(2) deny certification under subsection (d) to;
each petition of nomination filed in the secretary of state's office to
the appropriate county.
(f) The commission shall provide that the form of a petition of
nomination includes the following information near the separate
signature required by subsection (b)(2):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports
under IC 3-9.
(g) A candidate's consent to become a candidate 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 become a candidate. If there is a difference between
the name on the candidate's consent to become a candidate and the
name on the candidate's voter registration record, the officer with
whom the consent to become a candidate is filed shall forward the
information to the voter registration officer of the appropriate county
as required by IC 3-5-7-6(e). 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 become a candidate.
(h) If the person with whom the petition was filed denies
certification under subsection (d), the person shall notify the
candidate immediately by certified mail.
(i) A candidate may contest the denial of certification under
subsection (d) based on:
(1) the circuit court clerk's or board of registration's failure to
certify, under section 8 of this chapter, qualified petitioners; or
(2) the determination described in subsection (d)(1);
using the procedure in IC 3-8-1-2 and section 14 of this chapter that
applies to questions concerning the validity of a petition of
nomination.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.120;
P.L.10-1988, SEC.50; P.L.4-1991, SEC.41; P.L.3-1995, SEC.60;
P.L.3-1997, SEC.149; P.L.253-1997(ss), SEC.1; P.L.176-1999,
SEC.33; P.L.202-1999, SEC.8; P.L.14-2000, SEC.4; P.L.26-2000,
SEC.7; P.L.66-2003, SEC.14.
IC 3-8-6-13
Special election called by governor; filing of petition
Sec. 13. In a special election called by the governor, a petition of
nomination shall be filed with the circuit court clerk or other public
official with whom a petition is required to be filed, at any time after
the election is called but no later than noon fifty (50) days before the
date of the election.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.121;
P.L.10-1988, SEC.51.
IC 3-8-6-13.5
Withdrawal of candidate petition
Sec. 13.5. A candidate may withdraw a petition of nomination by
noon:
(1) July 15 before a general or municipal election; or
(2) forty-five (45) days before a special election.
As added by P.L.3-1987, SEC.122. Amended by P.L.10-1988,
SEC.52; P.L.3-1993, SEC.73; P.L.260-2001, SEC.2.
IC 3-8-6-14
Eligibility and consent of candidate; resolution of questions
concerning validity of petition
Sec. 14. (a) A person may not be selected as a candidate by
petition of nomination without giving written consent and having it
filed with the public official with whom certificates and petitions of
nomination are required to be filed.
(b) Each candidate nominated by petition of nomination must
satisfy all statutory eligibility requirements for the office for which
the candidate is nominated, including the filing of statements of
economic interest.
(c) All questions concerning the validity of a petition of
nomination filed with the secretary of state or contesting the denial
of certification under section 12(d) of this chapter shall be referred
to and determined by the commission. A statement questioning the
validity of a petition of nomination or contesting the denial of
certification under section 12(d) of this chapter must be filed with the
election division under IC 3-8-1-2(c) or IC 3-8-1-2(e) not later than
noon seventy-four (74) days before the date on which the general or
municipal election will be held for the office.
(d) All questions concerning the validity of a petition of
nomination filed with a circuit court clerk or contesting the denial of
certification under section 12(d) of this chapter shall be referred to
and determined by the county election board. A statement
questioning the validity of a petition of nomination or contesting the
denial of certification under section 12(d) of this chapter must be
filed with the county election board under IC 3-8-1-2(c) or
IC 3-8-1-2(e) not later than noon seventy-four (74) days before the
date on which the general or municipal election will be held for the
office.
(e) This subsection does not apply to a petition of nomination for
election to a school board office subject to IC 3-8-2-14. The
commission or a county election board shall rule on the validity of
the petition of nomination or the denial of certification under section
12(d) of this chapter not later than noon sixty (60) days before the
date on which the general or municipal election will be held for the
office.
(f) This subsection applies to a petition of nomination for election
to a school board office elected in a general election. All questions
concerning the validity of the petition of nomination shall be referred
to and determined by the county election board not later than noon
fifty-four (54) days before the date of the general election. A
statement questioning the validity of a petition of nomination must
be filed with the county election board under IC 3-8-1-2(c) not later
than noon sixty-seven (67) days before the date of the general
election.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.53;
P.L.3-1993, SEC.74; P.L.2-1996, SEC.88; P.L.3-1997, SEC.150;
P.L.58-2001, SEC.3; P.L.66-2003, SEC.15.
IC 3-8-6-15
Repealed
(Repealed by P.L.10-1988, SEC.238.)
IC 3-8-6-16
Candidate departing election district without withdrawal of
candidacy; procedure
Sec. 16. (a) This section applies if a person:
(1) files a petition of nomination under this chapter;
(2) moves from the election district that the person sought to
represent following the filing of the petition of nomination;
(3) does not file a notice of withdrawal of candidacy under
section 13.5 of this chapter; and
(4) is no longer an active candidate.
(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 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;
(2) name the person described in subsection (a) and the public
official responsible for placing that person's name on the ballot
as defendants; and
(3) be filed no later than a notice of withdrawal could have been
filed under section 13.5 of this chapter.
(c) When a complaint is filed under subsection (b), the circuit
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 if the
candidate represents a political party not qualified to nominate
candidates in a primary or by convention.
As added by P.L.3-1987, SEC.123.
IC 3-8-6-17
Replacement of candidate on petition of nomination
Sec. 17. (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:
(1) be on a form prescribed by the commission;
(2) 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; and
(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; and
(3) 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(e). 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 certification of
presidential and vice presidential nominees under IC 3-10-4-5.
(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.
As added by P.L.3-1997, SEC.151. Amended by P.L.202-1999,
SEC.9; P.L.14-2004, SEC.65.