Indiana Statutes § 3-8-2.5-8 Candidate moving from election district fails to withdraw; complaint; hearing; resulting candidate vacancy may not be filled
Statute Text
(a)
This section applies if a person:
(1)
files a petition of nomination under this chapter;
(2)
moves from the election district that the person sought to represent following the filing of the petition of nomination;
(3)
does not file a notice of withdrawal of candidacy under this chapter; and
(4)
is no longer an active candidate.
(b)
A candidate for the school board 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)
name the person described in subsection (a) and the public official responsible for placing that person's name on the ballot as defendants;
(2)
state that this section applies to the person; and
(3)
be filed not later than a notice of withdrawal could have been filed under this chapter.
(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 not later than ten (10) days after the petition is filed.
(d)
If the court finds in favor of the plaintiff, a candidate vacancy occurs on the general election ballot.
(e)
The candidate vacancy resulting from the removal of the name of a candidate nominated by petition for a school board office may not be filled.
History
Amended by P.L. 84 - 2016 , SEC. 7 , eff. 7/1/2016 .
Added by P.L. 194 - 2013 , SEC. 20 , eff. 7/1/2013 .
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