Sec. 12.5. (a) This section applies to a declaration of intent to be a write-in candidate in which the candidate states that the candidate is affiliated with the 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 IC 3-8-6; 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. The commission or county election board shall determine the validity of the questioned filing under section 14 or section 18 of this chapter.
(c) Following the filing of a question under subsection (b) and not later than the deadline for resolution of a question concerning a candidacy under section 14 or section 18 of this chapter, a candidate may file a written amendment to the declaration to alter the name of the political party or to indicate that the candidate is independent.
(d) If:
(1) the commission or county election board determines that the candidate's stated party affiliation is described under subsection (b); and
(2) the candidate does not file an amendment under subsection (c);
the commission or board shall deny the filing.
As added by P.L.3-1997, SEC.125. Amended by P.L.9-2022, SEC.3.
Structure Indiana Code
3-8-2-1. Application of Chapter
3-8-2-2. Necessity of Declaration of Candidacy for Nomination at Primary Election
3-8-2-2.5. Requirements for Write-in Candidates
3-8-2-2.7. Withdrawal of a Write-in Candidate
3-8-2-5. Candidates Who File With Secretary of State
3-8-2-6. Candidates Who File With County Election Board; Posting Copy of Declarations of Candidacy
3-8-2-7. Declaration of Candidacy; Contents
3-8-2-9. Form of Petition; Certification
3-8-2-10. Submission of Petition to County Voter Registration Office; Return of Petition
3-8-2-12.5. Declaration of Intent to Be Write-in Candidate; Party Affiliation
3-8-2-13. Release of List of Candidates
3-8-2-14. Questions Concerning Validity of Declaration
3-8-2-15. Declarations for More Than One Compensated Office
3-8-2-16. Declarations for More Than One Political Party
3-8-2-17. Certified List of Candidates
3-8-2-18. Questions Concerning Declarations of Candidacy
3-8-2-19. Publishing and Filing Notice of Election
3-8-2-20. Notice of Withdrawal of Candidacy
3-8-2-21. Withdrawal of Declaration of Candidacy
3-8-2-23. Candidate Moving From District in Which Running; Action Upon Failure to Withdraw