Indiana Code
Ind. Code § 3-10-1-6 (2025)
Eligible voters
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 6. A voter may vote at a primary election:
(1) if the voter, at the last general election, voted for a majority of the regular nominees of the political party holding the primary election; or
(2) if the voter did not vote at the last general election, but intends to vote at the next general election for a majority of the regular nominees of the political party holding the primary election;
as long as the voter was registered as a voter at the last general election or has registered since then.
[Pre-1986 Recodification Citation: 3-1-9-3 part.]
As added by P.L.5-1986, SEC.6.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 1986–2024 · leading case: Tashjian v. Repub. Party of Connecticut, 479 U.S. 208 (1986).
Tashjian v. Repub. Party of Connecticut, 479 U.S. 208 (1986). “46, ¶ 7-43(a) (1986); Ind. Code § 3-10-1-6 (Supp. 1986); Iowa Code §§ 43.”
Common Cause Indiana v. Individual Members of the Indiana Election Comm'n, 800 F.3d 913 (7th Cir. 2015). “See Ind.Code § 3-10-1-6 (“At a primary election a voter may vote for as many candidates as there are persons to be elected to that office at the general election, except as provided in IC 33-33-49-13 for candidates for judge of the Marion superior court.”
In Re Nomination of Parker, 580 N.E.2d 1006 (Ind. Ct. App. 1991). “§ 3-12-8-1 and I.C. § 3-10-1-6. His reliance on I.C. § 3-10-1-6, which defined eligible voters in primary elections, was misplaced because article 10 does not apply to municipal primary elections.”
Common Cause Indiana v. Indiana Sec'y of State, 60 F. Supp. 3d 982 (S.D. Ind. 2014). “Code Indiana Code § 3-10-1-6, 1 will have an opportunity' to cast a meaningful ballot for only half of the open judgeships; and persons not eligible to vote in these elections will have no say whatsoever in the election of judges to the Marion Superior Court.”
Washington State Repub. Party v. Logan, 377 F. Supp. 2d 907 (W.D. Wash. 2005). “5/7—43(a); Ind.Code § 3-10-1-6; Iowa Code Ann. §§ 43.”
Mississippi State Democratic Party v. Barbour, 491 F. Supp. 2d 641 (N.D. Miss. 2007). “§ 5/7-43; Indiana, Ind.Code Ann. § 3-10-1-6; Tennessee, Tenn.”
Diego Morales v. John Rust, 228 N.E.3d 1025 (Ind. 2024). “” I.C. § 3-10-1-6(1). Alternatively, the registered voter must intend “to vote at the next general election for a majority of the regular nominees of the political party holding the primary election.”
Callahan v. Parker, 580 N.E.2d 1006 (Ind. Ct. App. 1991). “§ 3-10-1-6, which defined eligible voters in primary elections, was misplaced because article 10 does not apply to municipal primary elections.”
Thomas J Herr v. State of Indiana, 212 N.E.3d 1261 (Ind. Ct. App. 2023). “” I.C. § 3-10-1-6. [4] In primary elections, political parties nominate candidates for United States Senator, Governor, United States Representative, legislative offices, and local offices, which may include local judges.”
Ind. Code § 3-10-1-6(1): 1 case
Diego Morales v. John Rust, 228 N.E.3d 1025 (Ind. 2024). “” I.C. § 3-10-1-6(1). Alternatively, the registered voter must intend “to vote at the next general election for a majority of the regular nominees of the political party holding the primary election.”
Ind. Code § 3-10-1-6(2): 1 case
Diego Morales v. John Rust, 228 N.E.3d 1025 (Ind. 2024). “” I.C. § 3-10-1-6(1). Alternatively, the registered voter must intend “to vote at the next general election for a majority of the regular nominees of the political party holding the primary election.”
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