Indiana § 3-8-6-17 - Replacement of candidate on petition of nomination

§ 3-8-6-17. Replacement of candidate on petition of nomination

Sec. 17. (a) If:

(1) a petition of nomination contains the name of at least one (1) candidate who seeks to be placed on the ballot as the candidate of a political party described by section 1 of this chapter; and

(2) a candidate listed on the petition ceases to be a candidate after the petition is circulated for signature or filed;

the candidate may be replaced on the petition in accordance with this section.

(b) This subsection applies to a candidate described in subsection (a) who sought a federal, state, or legislative office or a local office described by IC 3-8-2-5. The state chairman of the political party may file a written statement with the election division stating the name of the substitute candidate. The statement must satisfy all of the following:

(1) The statement must be on a form prescribed by the election division.

(2) The statement must state the following:

(A) The name of the individual who ceased to be a candidate.

(B) The date and reason the individual ceased to be a candidate.

(C) The name of the individual who will replace the candidate as:

(i) the individual wants the individual's name to appear on the ballot; and

(ii) the individual's name is permitted to appear on the ballot under IC 3-5-7.

The substitute candidate must specify, by a designation described in IC 3-5-7-5, each designation that the substitute candidate wants to use that is permitted by IC 3-5-7.

(3) The statement must be accompanied by the following:

(A) The replacement candidate's consent to be nominated by the petition and, if other candidates were listed on the petition, the signed consent of those candidates to be the replacement.

(B) The former candidate's statement of withdrawal in a form substantially similar to the form prescribed under IC 3-8-7-28 if the individual withdrew as a candidate.

A replacement candidate's consent to the nomination 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 consent to the nomination. If there is a difference between the name on the candidate's consent to the nomination and the name on the candidate's voter registration record, the officer with whom the consent to the nomination 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 consent to the nomination.

(c) This subsection applies to a candidate described in subsection (a) who sought a local office other than a local office described by IC 3-8-2-5. The county, city, or town chairman of the political party may file a written statement that conforms with subsection (b) with the election board conducting the election for the local office.

(d) The statement required under subsection (b) or (c) must be filed not later than the final date and time for the filing of a certificate of candidate selection under IC 3-13-1-15(c).

(e) If a petition of nomination is circulated or filed by an independent candidate and that individual ceases to be a candidate, another candidate may not be substituted on the petition of nomination.

As added by P.L.3-1997, SEC.151. Amended by P.L.202-1999, SEC.9; P.L.14-2004, SEC.65; P.L.124-2012, SEC.5; P.L.169-2015, SEC.62; P.L.227-2023, SEC.47.

IC 3-8-7Chapter 7. Certification of Nominees and Ballot Placement

3-8-7-1Candidate receiving highest vote; death of candidate before certification; candidate vacancy 3-8-7-2Certification of primary results by election division 3-8-7-3Error in certification 3-8-7-4Person nominated within county or municipality; exemption from certification 3-8-7-5Furnishing list of candidates and delegates to election division 3-8-7-6Candidate lists furnished to state chairmen of major political parties 3-8-7-6.5Delegate lists furnished to state chairmen of major political parties 3-8-7-7Repealed 3-8-7-8Certification of candidates nominated at state convention 3-8-7-9Repealed 3-8-7-10County, city, or town conventions; certificates of nomination; requirements 3-8-7-11Device used to designate political party candidates 3-8-7-12Place to file certificates 3-8-7-13Candidates to satisfy statutory eligibility requirements 3-8-7-14Deadline for filing certificate of nomination; exception for President and Vice President 3-8-7-15Special election called by governor; filing of certificate of nomination 3-8-7-16Certification by election division; designation of device; order of names; exception for President and Vice President 3-8-7-17Notice that person will not accept nomination 3-8-7-18Certificate or petition containing names of more than one candidate 3-8-7-19Names to appear only once on ballot; candidate for federal office and Vice President; candidate to fill a vacancy, subsequently elected to United States House of Representatives 3-8-7-20Person nominated by two or more nominating procedures 3-8-7-21Nomination by more than one political party or by political party and as independent; election of nomination 3-8-7-22Failure to make election 3-8-7-23Place of name on ballot following election 3-8-7-24Preservation of certificates and petitions of nomination 3-8-7-25Nominees entitled to have names on ballot 3-8-7-25.5Statement designating former and current legal name of candidate 3-8-7-26Factions within a political party; selection of names and devices 3-8-7-27Two or more conventions called by factions within a political party; selection of devices 3-8-7-28Notice of withdrawal; withdrawal, disqualification, or moving out of election district 3-8-7-29Candidates moving out of district or disqualified without withdrawal of candidacy; procedure 3-8-7-30Certification of write-in candidates