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To: conservativegramma

Thanks for the clarification. That’s an excellent law they have in Indiana. Would that also preclude a write-in campaign?


81 posted on 01/21/2011 6:08:33 AM PST by littleharbour
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To: littleharbour
Would that also preclude a write-in campaign?

As I understand it yes. Under Indiana Code IC 3-8-1-5.5 -

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.

(b) For the purposes of subsection (a):
(1) a candidate for an at-large seat on a fiscal body is considered a candidate for the same office as a candidate for a district seat on a fiscal body; and
(2) a candidate for United States representative from a district in Indiana is considered a candidate for the same office as a candidate for any other congressional district in Indiana.
(c) This section does not apply to a candidate who files a written request for placement on the presidential primary ballot under IC 3-8-3.
As added by P.L.10-1988, SEC.30. Amended by P.L.3-1997, SEC.115; P.L.38-1999, SEC.22; P.L.176-1999, SEC.27.

Again as I understand it Section C above would not apply to a "Murkowsky" type candidate who after being defeated in their party's primary then goes on and attempts an independent candidacy as a write-in. Indiana Code 3-8-3 outlines the timelines and deadlines to file any write-in candidacy, and under 3-8-2-4 (Time for filing and execution of declaration of candidacy; declaration of intent to be a write-in candidate) it states as follows:

Sec. 4. (a) A declaration of candidacy for a primary election must be filed not later than noon seventy-four (74) days and not earlier than one hundred four (104) days before the primary election. The declaration must be subscribed and sworn to before a person authorized to administer oaths.

In other words in order to have a write-in candidacy per above Code all filings must be submitted no later than 74 days prior to the primary, not prior to the General in November! Once you are defeated in May, you're done - period. See below:

Indiana Code 3-8-3-5: Deadline for receipt by election division
Sec. 5. A request or petition filed under this chapter is not valid unless received in the office of the election division by noon Indianapolis time on the final day for filing a declaration of candidacy under IC 3-8-2-4 before a primary election.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.136.

Translation: If a GOP party candidate is defeated on the May 4th primary - all filing deadlines for an Independent write-in candidacy (aka Murkowsky) have already passed for that election year. Indiana Code Title 3: Elections

Hope this helps.

82 posted on 01/21/2011 7:57:39 AM PST by conservativegramma
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