Indiana § 3-8-2-24 - Materially false, fictitious, or fraudulent petition

§ 3-8-2-24. Materially false, fictitious, or fraudulent petition

Sec. 24. If a person receives a completed petition for nomination of a candidate required under this article that the person has reason to believe is materially false, fictitious, or fraudulent, the person shall deliver the petition to the appropriate county election board not later than ten (10) days after the person receives the petition, with a statement sworn or affirmed to under the penalties for perjury, setting forth the reasons why the person believes the petition may be materially false, fictitious, or fraudulent. The county election board shall act under IC 3-6-5-31 to determine if a violation of election law has occurred.

As added by P.L.241-2025, SEC.13.

IC 3-8-2.5Chapter 2.5. Nomination for School Board Office

3-8-2.5-1Application of chapter 3-8-2.5-2Petition of nomination; serves as declaration of candidacy; qualifications for petitioners; required number of signatures; requirements for a signature; petitioner with a disability; affidavit of assistance 3-8-2.5-2.5Petition of nomination; contents; affiliation with major political party 3-8-2.5-3Statement of organization; when required 3-8-2.5-4Time for filing; petition requirements for write-in candidates; withdrawal of petition or declaration 3-8-2.5-5Filing a petition of nomination; school corporation located in more than one county 3-8-2.5-6Certification or denial of petition of nomination; notification of denial; contest of denial of certification 3-8-2.5-7Consent to candidacy; satisfaction of eligibility requirements; questioning validity of petition of nomination, declaration of intent to be write-in candidate; party affiliation challenge 3-8-2.5-8Candidate moving from election district fails to withdraw; complaint; hearing; resulting candidate vacancy may not be filled

IC 3-8-2.5-1Application of chapter Sec. 1. This chapter applies to a candidate for a school board office.

As added by P.L.179-2011, SEC.5.

IC 3-8-2.5-2Petition of nomination; serves as declaration of candidacy; qualifications for petitioners; required number of signatures; requirements for a signature; petitioner with a disability; affidavit of assistance Sec. 2. (a) A candidate for a school board office must file a petition of nomination in accordance with this chapter and as required under IC 20-23 or IC 20-25. The petition of nomination, once filed, serves as the candidate's declaration of candidacy for a school board office.

(b) A candidate may be nominated for a school board office by petition of voters who are:

(1) registered to vote at the residence address set forth on the petition on the date the petition is certified under this chapter; and

(2) qualified to vote for the candidate.

(c) The petition of nomination must be signed by the number of voters required for the school board office under IC 20-23 or IC 20-25.

(d) Except as provided in this subsection, the signature, printed name, and residence address of the petitioner must be made in writing by the petitioner. If a petitioner with a disability is unable to write this information on the petition, the petitioner may authorize an individual to do so on the petitioner's behalf. The individual acting under this subsection shall execute an affidavit of assistance for each such petitioner, in a form prescribed by the election division. The form must set forth the name and address of the individual providing assistance, and the date the individual provided the assistance. The form must be submitted with the petition.

As added by P.L.179-2011, SEC.5. Amended by P.L.194-2013, SEC.15; P.L.2-2014, SEC.3; P.L.76-2014, SEC.17; P.L.169-2015, SEC.55.

IC 3-8-2.5-2.5Petition of nomination; contents; affiliation with major political party Sec. 2.5. (a) A petition of nomination for a school board office must state all of the following:

(1) The name of each candidate 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.

The petition 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) The address of each candidate, including the mailing address, if different from the residence address of the candidate.

(3) The school board office that each candidate seeks.

(4) That each petitioner is a qualified registered voter and desires to be able to vote for the candidates listed on the petition.

(5) One (1) of the following:

(A) The candidate's political party affiliation.

(B) That the candidate is an independent candidate.

(C) That the candidate elects not to disclose any affiliation with a political party or that the candidate:

(i) is not affiliated with a political party; and

(ii) does not identify as an independent candidate.

Unless a candidate who states a political party affiliation under clause (A) is challenged under section 7 of this chapter, the candidate's statement under this subdivision must be indicated on the ballot in the manner determined by the county election board.

(b) The petition of nomination must be accompanied by the following:

(1) The candidate's written consent to become a candidate.

(2) A statement 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 referred to in clause (A).

(3) A statement by the candidate that the candidate is aware of the requirement to file a campaign finance statement of organization under IC 3-9 after the first of either of the following occurs:

(A) The candidate receives more than five hundred dollars ($500) in contributions.

(B) The candidate makes more than five hundred dollars ($500) in expenditures.

(4) A statement indicating whether or not each 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.

(5) A statement that each candidate is legally qualified to hold the office that the candidate seeks, including any applicable residency requirements and restrictions on service due to a criminal conviction.

(6) Any statement of economic interests required under IC 3-8-9.

(7) The certification of the county chairman, if required under subsection (c).

(c) If a candidate claims affiliation with a major political party under subsection (a)(5)(A), the candidate must have voted in the two (2) most recent primary elections in Indiana held by the party with which the candidate claims affiliation. The petition must provide a place for the candidate to affirm the candidate's primary election participation, if the candidate chooses affiliation with a major political party. If 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, the county chairman of:

(1) the political party with which the candidate claims affiliation; and

(2) the county in which the candidate resides;

must certify in writing that the candidate is a member of the political party for the candidate's claimed affiliation to be valid. The petition of nomination must inform candidates how political party affiliation is determined under this subsection.

As added by P.L.194-2013, SEC.16. Amended by P.L.76-2014, SEC.18; P.L.169-2015, SEC.56; P.L.227-2023, SEC.40; P.L.195-2025, SEC.2.

IC 3-8-2.5-3Statement of organization; when required Sec. 3. A candidate for a school board office is not required to file a statement of organization for the candidate's principal committee unless the candidate has received contributions or made expenditures requiring the filing of a statement under IC 3-9-1-5.5. If a candidate for a school board office is required to file a statement of organization for the candidate's principal committee, the statement of organization must be filed by noon seven (7) days after the final date for filing a petition of nomination or declaration of intent to be a write-in candidate.

As added by P.L.179-2011, SEC.5.

IC 3-8-2.5-4Time for filing; petition requirements for write-in candidates; withdrawal of petition or declaration Sec. 4. (a) A petition of nomination for a school board office must be filed:

(1) not earlier than the first day voter registration begins following the primary as set forth in IC 3-7-13-10(c); and

(2) not later than noon thirty (30) days from the date specified in subdivision (1).

The petition must be subscribed and sworn to before a person authorized to administer oaths.

(b) A declaration of intent to be a write-in candidate for a school board office must be filed:

(1) not earlier than ninety (90) days before the general election is held; and

(2) not later than noon seventy-four (74) days before the general election is held.

The declaration must be subscribed and sworn to before a person authorized to administer oaths.

(c) A person who files a petition of nomination for a school board office may, at any time not later than noon July 15 before the general election, file a statement with the same office where the person filed the petition of nomination, stating that the person is no longer a candidate and does not wish the person's name to appear on the election ballot as a candidate.

(d) A person who files a declaration of intent to be a write-in candidate for a school board office may, at any time not later than noon seventy-one (71) days before the general election, file a statement with the same office where the person filed the declaration of intent, stating that the person is no longer a write-in candidate for the office.

As added by P.L.179-2011, SEC.5. Amended by P.L.219-2013, SEC.21; P.L.34-2023, SEC.1.

IC 3-8-2.5-5Filing a petition of nomination; school corporation located in more than one county Sec. 5. (a) If a school corporation is located entirely within one (1) county, a petition of nomination for the candidate to a school board office must be filed with the county voter registration office of the county. The county voter registration office of the county shall examine the voter registration records of the election district to determine if each petitioner is eligible to vote for the candidates being nominated by the petition.

(b) If a school corporation is located within more than one (1) county, a petition of nomination for the candidate to a school board office must be filed with the county voter registration office of the county having the greatest percentage of population of the school corporation. The county voter registration office shall examine the voter registration records of each county in the election district to determine if each petitioner is eligible to vote for the candidates being nominated by the petition.

(c) When the county voter registration office has completed its determination under subsection (a) or (b), the office shall forward the petitions of nomination to the circuit court clerk.

(d) This subsection applies if a school corporation is located within more than one (1) county. The circuit court clerk of the county having the greatest percentage of population of the school corporation shall promptly certify the names of each of the candidates on the petition to the county election board of each other county in which the school corporation is located.

As added by P.L.194-2013, SEC.17.

IC 3-8-2.5-6Certification or denial of petition of nomination; notification of denial; contest of denial of certification Sec. 6. (a) The circuit court clerk with whom the petition of nomination has been filed by a county voter registration office under section 5 of this chapter shall:

(1) determine whether a sufficient number of signatures as required by section 2 of this chapter have been obtained; and

(2) do one (1) of the following:

(A) If the petition includes a sufficient number of signatures, certify the petition.

(B) If the petition has an insufficient number of signatures, deny the certification.

(b) If the circuit court clerk with whom the petition was filed denies certification under subsection (a), the clerk shall notify the candidate immediately:

(1) in person, if the candidate files the petition in person; or

(2) by certified mail.

(c) A candidate may contest the denial of certification based on:

(1) the county voter registration office's failure to certify individual signers as qualified petitioners; or

(2) the determination by the clerk that the petition has an insufficient number of signatures;

using the procedure in IC 3-8-1-2 and section 7 of this chapter that applies to questions concerning the validity of a petition of nomination.

As added by P.L.194-2013, SEC.18. Amended by P.L.201-2017, SEC.9.

IC 3-8-2.5-7Consent to candidacy; satisfaction of eligibility requirements; questioning validity of petition of nomination, declaration of intent to be write-in candidate; party affiliation challenge 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;

(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.

As added by P.L.194-2013, SEC.19. Amended by P.L.34-2023, SEC.2; P.L.195-2025, SEC.3; P.L.23-2026, SEC.4.

IC 3-8-2.5-8Candidate moving from election district fails to withdraw; complaint; hearing; resulting candidate vacancy may not be filled Sec. 8. (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.

As added by P.L.194-2013, SEC.20. Amended by P.L.84-2016, SEC.7.

IC 3-8-3Chapter 3. Presidential Primary Candidates

3-8-3-1Written request to place name on ballot 3-8-3-2Petition accompanying request; requirements for a signature; petitioner with a disability; affidavit of assistance 3-8-3-3Validity of petition; certification 3-8-3-4Time for filing petition; return of petition 3-8-3-5Deadline for receipt by election division 3-8-3-6Certification and release of list of candidates 3-8-3-7Questions concerning validity of request 3-8-3-7.5Withdrawal of candidate; deadline 3-8-3-8Certified list of candidates 3-8-3-9Sending copy of returns to election division 3-8-3-10Certification of result of presidential primary vote to state chairmen 3-8-3-11Delegates to national convention; support of candidate on first ballot