Sec. 29. (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.
As added by P.L.3-1987, SEC.138. Amended by P.L.4-1991, SEC.43; P.L.84-2016, SEC.9.
Structure Indiana Code
Chapter 7. Certification of Nominees and Ballot Placement
3-8-7-2. Certification of Primary Results by Election Division
3-8-7-3. Error in Certification
3-8-7-4. Person Nominated Within County or Municipality; Exemption From Certification
3-8-7-5. Furnishing List of Candidates and Delegates to Election Division
3-8-7-6. Candidate Lists Furnished to State Chairmen of Major Political Parties
3-8-7-6.5. Delegate Lists Furnished to State Chairmen of Major Political Parties
3-8-7-8. Certification of Candidates Nominated at State Convention
3-8-7-10. County, City, or Town Conventions; Certificates of Nomination; Requirements
3-8-7-11. Device Used to Designate Candidates
3-8-7-12. Place to File Certificates
3-8-7-13. Candidates to Satisfy Statutory Eligibility Requirements
3-8-7-14. Deadline for Filing Certificate of Nomination; Exception for President and Vice President
3-8-7-15. Special Election Called by Governor; Filing of Certificate of Nomination
3-8-7-17. Notice That Person Will Not Accept Nomination
3-8-7-18. Certificate or Petition Containing Names of More Than One Candidate
3-8-7-19. Names to Appear Only Once on Ballot; Candidate for Federal Office and Vice President
3-8-7-20. Person Nominated by Two or More Nominating Procedures
3-8-7-22. Failure to Make Election
3-8-7-23. Place of Name on Ballot Following Election
3-8-7-24. Preservation of Certificates and Petitions of Nomination
3-8-7-25. Nominees Entitled to Have Names on Ballot
3-8-7-25.5. Statement Designating Former and Current Legal Name of Candidate
3-8-7-26. Factions Within a Political Party; Selection of Names and Devices
3-8-7-27. Two or More Conventions Called by Factions Within a Political Party; Selection of Devices
3-8-7-28. Notice of Withdrawal; Withdrawal, Disqualification, or Moving Out of Election District