Skip to main content
Find a Lawyer

Indiana Code Title 3. Elections § 3-8-7-29

Current as of January 02, 2024 | Updated by Findlaw Staff

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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Indiana Code Title 3. Elections § 3-8-7-29 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-3-elections/in-code-sect-3-8-7-29/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard