(a)
The declaration of each candidate required by this chapter must be signed before a person authorized to administer oaths and contain the following information:
(1)
The candidate's name, printed or typewritten as:
(A)
the candidate wants the candidate's name to appear on the ballot; and
(B)
the candidate's name is permitted to appear on the ballot under IC
3-5-7
.
A candidate must specify, by a designation described in IC
3-5-7-5
, each designation that the candidate wants to use that is permitted by IC
3-5-7
.
(2)
A statement that the candidate is a registered voter and the location of the candidate's precinct and township (or ward, if applicable, and city or town), county, and state.
(3)
The candidate's complete residence address, and if the candidate's mailing address is different from the residence address, the mailing address.
(4)
A statement of the candidate's party affiliation. For purposes of this subdivision, a candidate is considered to be affiliated with a political party only if any of the following applies:
(A)
The two (2) most recent primary elections in Indiana in which the candidate voted were primary elections held by the party with which the candidate claims affiliation. If the candidate cast a nonpartisan ballot at an election held at the most recent primary election in which the candidate voted, a certification by the county chairman under clause (B) is required.
(B)
The county chairman of:
(i)
the political party with which the candidate claims affiliation; and
(ii)
the county in which the candidate resides;
certifies that the candidate is a member of the political party.
The declaration of candidacy must inform candidates how party affiliation is determined under this subdivision and permit the candidate to indicate on the declaration of candidacy which of clauses (A) or (B) applies to the candidate. If a candidate claims party affiliation under clause (B), the candidate must attach to the candidate's declaration of candidacy the written certification of the county chairman required by clause (B).
(5)
A statement that the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and that the candidate is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
(6)
A request that the candidate's name be placed on the official primary ballot of that party to be voted on, the office for which the candidate is declaring, and the date of the primary election.
(7)
The following statements:
(A)
A statement that the candidate has attached either of the following to the declaration:
(i)
A copy of a statement of economic interests, file stamped by the office required to receive the statement of economic interests.
(ii)
A receipt or photocopy of a receipt showing that a statement of economic interests has been filed.
This requirement does not apply to a candidate for a federal office.
(B)
A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to obtain and file an individual surety bond before serving in the office. This requirement does not apply to a candidate for a federal office or legislative office.
(C)
A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to successfully complete training or have attained certification related to service in an elected office. This requirement does not apply to a candidate for a federal office, state office, or legislative office.
(D)
A statement that the candidate:
(i)
is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(ii)
agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this subdivision.
(8)
A statement as to whether the candidate has been a candidate for state, legislative, or local office in a previous primary, municipal, special, or general election and whether the candidate has filed all reports required by IC
3-9-5-10
for all previous candidacies.
(9)
If the candidate is subject to IC
3-9-1-5
, a statement that the candidate has filed a campaign finance statement of organization for the candidate's principal committee or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date to file the declaration of candidacy under section 4 of this chapter.
(10)
The candidate's signature.
(b)
The election division shall provide that the form of a declaration of candidacy includes the following information:
(1)
The dates for filing campaign finance reports under IC 3-9.
(2)
The penalties for late filing of campaign finance reports under IC 3-9.
(c)
A declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC
3-5-7-6
(d)
. The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.
Source
Pre-1986 Recodification Citation: 3-1-9-5(a) part.
History
Amended by
P.L.
227
-
2023
,
SEC.
39
, eff.
7/1/2023
.
Amended by
P.L.
193
-
2021
,
SEC.
17
, eff.
1/1/2022
.
Amended by
P.L.
109
-
2021
,
SEC.
8
, eff.
1/1/2022
.
Amended by
P.L.
74
-
2017
,
SEC.
22
, eff.
7/1/2017
.
Amended by
P.L.
169
-
2015
,
SEC.
53
, eff.
7/1/2015
.
Amended by
P.L.
76
-
2014
,
SEC.
15
, eff.
1/1/2015
.
Amended by
P.L.
194
-
2013
,
SEC.
12
, eff.
7/1/2013
.
As added by
P.L.
5-1986
,
SEC.
4
. Amended by
P.L.
3-1993
,
SEC.
60
;
P.L.
3-1995
,
SEC.
52
;
P.L.
3-1997
,
SEC.
122
;
P.L.
202
-
1999
, SEC.3;
P.L.
167
-
2001
, SEC.1 and
P.L.
199
-
2001
, SEC.15;
P.L.
69
-
2003
, SEC.2.