CHAPTER 8. REMOVAL OF NAME FROM BALLOT OF A CANDIDATE FOR LEGISLATIVE OR STATE OFFICE AT GENERAL ELECTION FOR DISQUALIFICATION OR WITHDRAWAL
IC 3-8-8
Chapter 8. Removal of Name From Ballot of a Candidate for
Legislative or State Office at General Election for Disqualification
or Withdrawal
IC 3-8-8-1
Applicability
Sec. 1. (a) This chapter applies only to a candidate for election to
any of the following:
(1) A legislative office.
(2) A state office other than a judicial office.
(b) This chapter applies notwithstanding any other law relating to
challenges to the qualifications of a candidate to be elected at a
general election.
As added by P.L.230-2005, SEC.32.
IC 3-8-8-2
When challenge not permitted
Sec. 2. A candidate may not be challenged under this chapter if all
of the following apply:
(1) The candidate's qualification was previously challenged
under this chapter or other applicable law.
(2) This challenge would be based on substantially the same
grounds as the previous challenge to the candidate.
(3) The commission conducted a hearing on the challenge and
made a final determination in favor of the candidate.
As added by P.L.230-2005, SEC.32.
IC 3-8-8-3
Who may challenge; filing requirements
Sec. 3. (a) An individual who challenges the qualification of a
candidate for election to an office must be a registered voter of the
election district the candidate seeks to represent.
(b) A challenge under this chapter must be filed with the election
division not later than noon seventy-four (74) days before the date of
the general election at which a candidate to the office is to be
elected.
(c) The challenger must file a sworn statement with the election
division:
(1) questioning the qualification of a candidate to seek the
office; and
(2) setting forth the facts known to the voter concerning this
question.
As added by P.L.230-2005, SEC.32. Amended by P.L.66-2010,
SEC.7.
IC 3-8-8-4
Commission hearing
Sec. 4. The commission shall do the following not later than three
(3) business days after the challenger's sworn statement is filed under
section 3 of this chapter:
(1) Meet to hear the challenge.
(2) Conclude the hearing.
As added by P.L.230-2005, SEC.32.
IC 3-8-8-5
Commission determination; effect of commission failure to make
determination
Sec. 5. (a) Not later than one (1) business day after concluding the
hearing, the commission shall announce its determination on the
matter.
(b) If the commission does not announce a determination on the
matter as provided in subsection (a), the commission is considered
to have:
(1) dismissed the challenge; and
(2) taken final action on the challenge.
As added by P.L.230-2005, SEC.32.
IC 3-8-8-6
Appeal of commission determination
Sec. 6. The candidate or the challenger may appeal any final
action:
(1) that the commission has taken; or
(2) that the commission is considered to have taken under
section 5 of this chapter;
to the court of appeals for errors of law under the same terms,
conditions, and standards that govern appeals in ordinary civil
actions. An assignment of errors that the commission's final action
is contrary to law is sufficient to present both the sufficiency of the
facts found to sustain the commission's action and the sufficiency of
the evidence to sustain the finding of facts upon which the
commission's action was rendered.
As added by P.L.230-2005, SEC.32.
IC 3-8-8-7
Termination of challenge regardless of status of challenge or
appeal; status of candidate who withdraws after 60 days before
election
Sec. 7. (a) Regardless of the status of a challenge before the
commission or the court of appeals, at noon sixty (60) days before
the general election the following apply:
(1) The challenge is terminated.
(2) The name of the challenged candidate may not be removed
from the ballot.
(3) The name of another individual may not replace the name of
the challenged candidate on the ballot.
(4) Any votes cast for the challenged candidate shall be
canvassed, counted, and reported under the name of the
challenged candidate.
(b) All of the following apply if a candidate attempts to withdraw
as a candidate after noon sixty (60) days before the general election:
(1) The name of the candidate may not be removed from the
ballot.
(2) The name of another individual may not replace the name of
the candidate on the ballot.
(3) Any votes cast for the candidate shall be canvassed,
counted, and reported under the name of the candidate.
As added by P.L.230-2005, SEC.32. Amended by P.L.66-2010,
SEC.8.
IC 3-8-8-8
Effect of candidate who withdraws receiving most votes in election;
filling vacancy
Sec. 8. (a) This section applies if a candidate whose name remains
on the ballot under section 7 of this chapter receives the most votes
in the general election among all candidates for the office.
(b) If, after the election, it is determined as provided by law that
the individual was not qualified to be elected to the office, it shall be
considered that:
(1) an eligible candidate of the same political party, if any, as
the ineligible candidate had been elected; and
(2) a vacancy in the office occurred after the election.
(c) The vacancy in the office shall be filled as otherwise provided
by law.
As added by P.L.230-2005, SEC.32.