Indiana § 3-8-6-16 - Candidate departing election district without withdrawal of candidacy; procedure

§ 3-8-6-16. Candidate departing election district without withdrawal of candidacy; procedure

Sec. 16. (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 section 13.5 of this chapter; and

(4) is no longer an active candidate.

(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;

(2) name the person described in subsection (a) and the public official responsible for placing that person's name on the ballot as defendants; and

(3) be filed no later than a notice of withdrawal could have been filed under section 13.5 of 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 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 if the candidate represents a political party not qualified to nominate candidates in a primary or by convention.

As added by P.L.3-1987, SEC.123. Amended by P.L.84-2016, SEC.8.