Indiana Statutes § 3-8-5-10.5 Declaration of candidacy
Statute Text
Effective Until 1/1/2024
(a)
A person who desires to be nominated for a town office by a major political party must file a declaration of candidacy with the circuit court clerk of the county containing the greatest percentage of population of the town.
(b)
A declaration of candidacy must be filed:
(1)
not earlier than the first date that a declaration of candidacy for a primary election may be filed under IC
3-8-2-4
; and
(2)
not later than:
(A)
noon August 1 before a municipal election if the town nominates its candidates by convention; and
(B)
the date that a declaration of candidacy must be filed under IC
3-8-2-4
if the town nominates its candidates by a primary election.
(c)
The declaration must be subscribed and sworn to (or affirmed) before a notary public or other person authorized to administer oaths.
(d)
The declaration of each candidate required by this section must certify 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
.
(2)
That the candidate is a registered voter and the location of the candidate's precinct and township (or the ward, if applicable, and town), county, and state.
(3)
The candidate's complete residence address and the candidate's mailing address if the mailing address is different from the residence address.
(4)
The majority party candidate's party affiliation and the office to which the candidate seeks nomination, including the district designation if the candidate is seeking a town legislative body seat. For purposes of this subdivision, a candidate is considered to be affiliated with a political party only if one (1) of the following applies:
(A)
The most recent primary election in Indiana in which the candidate voted was a primary election 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 in writing that the candidate is a member of the political party.
The declaration of candidacy must inform a candidate how party affiliation is determined under this subdivision and permit the candidate to indicate on the declaration of candidacy whether clause (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)
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 is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
(6)
That the candidate has attached either of the following to the declaration:
(A)
A copy of a statement of economic interests, file stamped by the office required to receive the statement of economic interests.
(B)
A receipt or photocopy of a receipt showing that a statement of economic interests has been filed.
(7)
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.
(8)
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.
(9)
That the candidate:
(A)
is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(B)
agrees to comply with the provisions of IC 3-9.
(10)
A statement indicating whether or not the candidate:
(A)
has been a candidate for state, legislative, local, or school board office in a previous primary, municipal, special, or general election; and
(B)
has filed all reports required by IC
3-9-5-10
for all previous candidacies.
(11)
The candidate's signature.
(e)
This subsection does not apply to a town whose municipal election is to be conducted by a county. Immediately after the deadline for filing, the circuit court clerk shall do all of the following:
(1)
Certify to the town clerk-treasurer and release to the public a list of the candidates of each political party for each office. The list shall indicate any candidates of a political party nominated for an office under this chapter because of the failure of any other candidates of that political party to file a declaration of candidacy for that office.
(2)
Post a copy of the list in a prominent place in the circuit court clerk's office.
(3)
File a copy of each declaration of candidacy with the town clerk-treasurer.
(f)
A person who files a declaration of candidacy for an elected office for which a per diem or salary is provided for by law is disqualified from filing a declaration of candidacy for another office for which a per diem or salary is provided for by law until the original declaration is withdrawn.
(g)
A person who files a declaration of candidacy for an elected office may not file a declaration of candidacy for that office in the same year as a member of a different political party until the original declaration is withdrawn.
(h)
A person who files a declaration of candidacy under this section may file a written notice withdrawing the person's declaration of candidacy in the same manner as the original declaration was filed, if the notice of withdrawal is filed not later than:
(1)
noon August 1 before the municipal election if the town nominates its candidates by convention; and
(2)
the date that a declaration of candidacy may be withdrawn under IC
3-8-2-20
if the town nominates its candidates in a primary election.
(i)
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
(e)
. 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.
History
Amended by P.L. 109 - 2021 , SEC. 10 , eff. 7/1/2021 .
Amended by P.L. 278 - 2019 , SEC. 25 , eff. 5/6/2019 .
Amended by P.L. 74 - 2017 , SEC. 26 , eff. 7/1/2017 .
Amended by P.L. 169 - 2015 , SEC. 59 , eff. 1/1/2016 .
Amended by P.L. 76 - 2014 , SEC. 19 , eff. 1/1/2015 .
Amended by P.L. 225 - 2011 , SEC. 33 , eff. 7/1/2011 .
As added by P.L. 3-1987 , SEC. 115 . Amended by P.L. 10-1988 , SEC. 41 ; P.L. 4-1991 , SEC. 39 ; P.L. 3-1993 , SEC. 65 ; P.L. 3-1995 , SEC. 56 ; P.L. 4-1996 , SEC. 28 ; P.L. 144 - 1999 , SEC.2; P.L. 202 - 1999 , SEC.4; P.L. 167 - 2001 , SEC.4; P.L. 14-2004, SEC.58.
Effective Starting 1/1/2024
(a)
A person who desires to be nominated for a town office by a major political party must file a declaration of candidacy with the circuit court clerk of the county containing the greatest percentage of population of the town.
(b)
A declaration of candidacy must be filed:
(1)
not earlier than the first date that a declaration of candidacy for a primary election may be filed under IC
3-8-2-4
; and
(2)
not later than:
(A)
noon August 1 before a municipal election if the town nominates its candidates by convention; and
(B)
the date that a declaration of candidacy must be filed under IC
3-8-2-4
if the town nominates its candidates by a primary election.
(c)
The declaration must be subscribed and sworn to (or affirmed) before a notary public or other person authorized to administer oaths.
(d)
The declaration of each candidate required by this section must certify 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)
That the candidate is a registered voter and the location of the candidate's precinct and township (or the ward, if applicable, and town), county, and state.
(3)
The candidate's complete residence address and the candidate's mailing address if the mailing address is different from the residence address.
(4)
The majority party candidate's party affiliation and the office to which the candidate seeks nomination, including the district designation if the candidate is seeking a town legislative body seat. For purposes of this subdivision, a candidate is considered to be affiliated with a political party only if one (1) of the following applies:
(A)
The two (2) most recent primary elections in Indiana in which the candidate voted were both primary elections held by the party with which the candidate claims affiliation. If the candidate cast a nonpartisan ballot at an election held at either of the two (2) most recent primary elections 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 in writing that the candidate is a member of the political party.
The declaration of candidacy must inform a candidate how party affiliation is determined under this subdivision and permit the candidate to indicate on the declaration of candidacy whether clause (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)
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 is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
(6)
That the candidate has attached either of the following to the declaration:
(A)
A copy of a statement of economic interests, file stamped by the office required to receive the statement of economic interests.
(B)
A receipt or photocopy of a receipt showing that a statement of economic interests has been filed.
(7)
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.
(8)
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.
(9)
That the candidate:
(A)
is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(B)
agrees to comply with the provisions of IC 3-9.
(10)
A statement indicating whether or not the candidate:
(A)
has been a candidate for state, legislative, local, or school board office in a previous primary, municipal, special, or general election; and
(B)
has filed all reports required by IC
3-9-5-10
for all previous candidacies.
(11)
The candidate's signature.
(e)
This subsection does not apply to a town whose municipal election is to be conducted by a county. Immediately after the deadline for filing, the circuit court clerk shall do all of the following:
(1)
Certify to the town clerk-treasurer and release to the public a list of the candidates of each political party for each office. The list shall indicate any candidates of a political party nominated for an office under this chapter because of the failure of any other candidates of that political party to file a declaration of candidacy for that office.
(2)
Post a copy of the list in a prominent place in the circuit court clerk's office.
(3)
File a copy of each declaration of candidacy with the town clerk-treasurer.
(f)
A person who files a declaration of candidacy for an elected office for which a per diem or salary is provided for by law is disqualified from filing a declaration of candidacy for another office for which a per diem or salary is provided for by law until the original declaration is withdrawn.
(g)
A person who files a declaration of candidacy for an elected office may not file a declaration of candidacy for that office in the same year as a member of a different political party until the original declaration is withdrawn.
(h)
A person who files a declaration of candidacy under this section may file a written notice withdrawing the person's declaration of candidacy in the same manner as the original declaration was filed, if the notice of withdrawal is filed not later than:
(1)
noon August 1 before the municipal election if the town nominates its candidates by convention; and
(2)
the date that a declaration of candidacy may be withdrawn under IC
3-8-2-20
if the town nominates its candidates in a primary election.
(i)
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.
History
Amended by P.L. 227 - 2023 , SEC. 41 , eff. 1/1/2024 .
Amended by P.L. 109 - 2021 , SEC. 10 , eff. 7/1/2021 .
Amended by P.L. 278 - 2019 , SEC. 25 , eff. 5/6/2019 .
Amended by P.L. 74 - 2017 , SEC. 26 , eff. 7/1/2017 .
Amended by P.L. 169 - 2015 , SEC. 59 , eff. 1/1/2016 .
Amended by P.L. 76 - 2014 , SEC. 19 , eff. 1/1/2015 .
Amended by P.L. 225 - 2011 , SEC. 33 , eff. 7/1/2011 .
As added by P.L. 3-1987 , SEC. 115 . Amended by P.L. 10-1988 , SEC. 41 ; P.L. 4-1991 , SEC. 39 ; P.L. 3-1993 , SEC. 65 ; P.L. 3-1995 , SEC. 56 ; P.L. 4-1996 , SEC. 28 ; P.L. 144 - 1999 , SEC.2; P.L. 202 - 1999 , SEC.4; P.L. 167 - 2001 , SEC.4; P.L. 14-2004, SEC.58.
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