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This what a resident of Indiana, conservativegramma, posted back last May:

I live in Indiana. Indiana has a sore loser law.
Under Indiana Code 3-8-1-5.5 states:

IC 3-8-1-5.5
Candidates defeated in primary or nomination process; ineligibility
Sec. 5.5. (a) Except as provided in IC 3-13-1-19 and IC 3-13-2-10 for filling a vacancy on a ticket, a person who:
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is defeated;
(3) files a declaration of candidacy for nomination by a county, city, or town convention and is defeated; or
(4) files a declaration of candidacy for nomination by a caucus conducted under IC 3-13-1 or IC 3-13-2 and is defeated;
is not eligible to become a candidate for the same office in the next general or municipal election.

The exception in IC 3-13-1-19 states: “Sec. 19. A person who was defeated in a primary election or in a town or state convention is eligible to be appointed by the political party that the person affiliated with by voting in the most recent primary election held by that party. The person selected may fill any vacancy on the party’s ticket as a candidate in any general, municipal, or special election following that primary election or convention in which the vacancy occurred. However, a person is not disqualified from appointment under this section for not having voted in the most recent primary election if the appointee is certified as a member of that party by the county chairman for the county in which the appointee resides.” As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.423; P.L.3-1993, SEC.226.

The exception in IC-3-13-2-10 states: “Sec. 10. A person who was defeated in a primary election or in a town or state convention is eligible to be appointed by the person’s own political party to fill any vacancy on the party’s ticket as a candidate in any general, municipal, or special election following that primary election or convention.” As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.427.

In other words the only way Lugar can run as an independent candidate or 3rd party candidate is if he DOESN’T run in the Republican primary. He would have to run initially for that other 3rd or independent party FIRST and then win that party’s primary. Once defeated he cannot run again for the same office until the next election cycle.

And the only way Lugar can run after being defeated in the GOP primary is through a vacancy. Example: In 2012 his opposing primary candidate for the Republican Party is Richard Mourdock. Should Mourdock win and then subsequently die, withdraw, or be disqualified due to a criminal conviction, etc.; THEN and only THEN could the IN GOP appoint Lugar as the candidate to fill that vacancy.

So in other words as long as Lugar runs in the Republican party, and as long as he is defeated by Mourdock, and then so long as Mourdock stays healthy and remains qualified, then Lugar can’t run as an independent (or any other party) nor can he fill any vacancies on the GOP ticket.

22 posted on May 15, 2011 7:41:10 PM EDT by conservativegramma