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Indiana Code

Ind. Code § 3-10-1-2 (2025)

Political parties required to hold primary election

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 2. Each political party whose nominee received at least ten percent (10%) of the votes cast in the state for secretary of state at the last election shall hold a primary election under this chapter to select nominees to be voted for at the general election.

[Pre-1986 Recodification Citations: 3-1-9-1 part; 3-1-9-4 part.]

As added by P.L.5-1986, SEC.6.

 

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 1990–2024 · leading case: Dickinson v. Indiana State Election Bd., 740 F. Supp. 1376 (S.D. Ind. 1990).
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Dickinson v. Indiana State Election Bd., 740 F. Supp. 1376 (S.D. Ind. 1990). · cites it 2× “Code § 3-10-1-2. In addition to these facts, the Court observes that in order to grant the relief sought by the plaintiffs, House Districts would have to be redrawn.”
Common Cause Indiana v. Indiana Sec'y of State, 60 F. Supp. 3d 982 (S.D. Ind. 2014). · cites it 2× “Ind.Code § 3-10-1-2. As of 1974, only the Republican and Democratic candidates for Secretary of State have met this threshold.”
Indiana Green Party v. Diego Morales, 113 F.4th 739 (7th Cir. 2024). “Ind. Code § 3-10-1-2 . In all recent election cycles, the Republican and Democratic Parties have obtained this level of support and have therefore had state-funded primary elections.”
Thomas J Herr v. State of Indiana, 212 N.E.3d 1261 (Ind. Ct. App. 2023). · cites it 4× “I.C. § 3-10-1-2. Eligible political parties have separate tickets containing that party’s candidates, and voters select one ticket and vote only among that party’s candidates.”
Diego Morales v. John Rust, 228 N.E.3d 1025 (Ind. 2024). · cites it 2× “” Appellee’s Br. at 48. Rust argues that her discretion: (1) conflicts with the purpose and spirit of the law; (2) engrafts words onto the statute; (3) renders a portion of the statute meaningless; and (4) conflicts with Indiana Code Section 3-10-1-2.”
Indiana Green Party v. Sullivan, No. 1:22-cv-00518 (S.D. Ind. Aug. 14, 2023). · cites it 2× “Ind. Code §§ 3-10-1-2 , 3-11-6-1. Parties whose candidate receives between 2% and 10% of the vote nominate their candidates by party convention.”
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