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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 7. (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 for a school board office must satisfy all statutory eligibility requirements for the office for which the candidate is nominated, including the filing of statements of economic interest.
(c) A statement questioning the validity of a petition of nomination or contesting the denial of certification under section 6 of this chapter must be filed with the county election board in accordance with IC 3-8-1-2 not later than noon seventy-four (74) days before the date of the general election. A question regarding the validity of a petition of nomination or the denial of certification shall be referred to and determined by the county election board not later than noon sixty (60) days before the date of the general election.
(d) A statement concerning the validity of a declaration of intent to be a write-in candidate for a school board office under section 4 of this chapter must be filed with the county election board in accordance with IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of the general election. A question regarding the validity of a declaration of intent to be a write-in candidate for a school board office 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.
(e) If a candidate's petition states that the candidate is affiliated with a major political party, that statement may be challenged under this section. A challenge under this subsection succeeds only if the challenger shows both of the following:
(1) The candidate did not vote in the two (2) most recent primary elections in Indiana held by the party with which the candidate claims affiliation.
(2) The county chairman of:
(A) the political party with which the candidate claims affiliation; and
(B) the county in which the candidate resides;
did not certify that the candidate is a member of the political party with which the candidate claims affiliation. If the candidate produces a copy of the certification of the county chairman of the political party with which the candidate claims affiliation at the time the candidate filed the petition, the claim of a challenger under this subdivision is conclusively rebutted.
(f) Unless a challenger shows under subsection (e) that a candidate is not affiliated with the major political party with which the candidate claims affiliation, the candidate's claimed political party affiliation shall be indicated on the ballot as required by section 2.5(a)(5) of this chapter.
(g) A candidate's:
(1) claimed political party affiliation with a party other than a major political party; or
(2) statement under section 2.5(a)(5)(B) of this chapter that the candidate is an independent candidate; or
(3) statement under section 2.5(a)(5)(C) of this chapter that the candidate elects not to disclose any affiliation with a political party or that the candidate:
(A) is not affiliated with a political party; and
(B) does not identify as an independent candidate;
is not subject to challenge under this section.
Cite this article: FindLaw.com - Indiana Code Title 3. Elections § 3-8-2.5-7 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-3-elections/in-code-sect-3-8-2-5-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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