Sec. 1. (a) This section does not apply to a challenge
filed before an election to the eligibility of a candidate nominated by
petition for election to an office. The challenge described by this
subsection must be conducted in accordance with IC 3-8-1-2.
(b) Any candidate for nomination or election to a local or school
board office may contest the nomination or election of a candidate who
is declared nominated or elected to the office, except a candidate who:
(1) receives the most votes in a primary election; and
(2) is certified as deceased under IC 3-8-7-1.
(c) If a candidate who is entitled to contest the nomination or
election of a candidate under this chapter does not file a petition within
the period established by section 5 of this chapter, the county chairman
of a political party of which the candidate entitled to file a petition
under this chapter was a member may file a petition to contest the
nomination or election of a candidate. A county chairman is entitled to
contest an election under this chapter only in a partisan race.
(d) This subsection applies to an election for a school board office.
If there is no candidate who is entitled to contest the election of another
candidate to a school board office, a voter of the school corporation
may file a petition to contest the election of the candidate.
[Pre-1986 Recodification Citation: 3-1-28-1.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988,
SEC.152; P.L.4-1996, SEC.79; P.L.176-1999, SEC.99; P.L.14-2000,
SEC.7; P.L.194-2013, SEC.79; P.L.278-2019, SEC.149.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1989–2025 · leading case:
Pabey v. Pastrick, 816 N.E.2d 1138 (Ind. 2004).
Pabey v. Pastrick, 816 N.E.2d 1138 (Ind. 2004).
· cites it 4× “As such, what is at issue in this proceeding is solely an election "contest" under Indiana Code § 3-12-8-1 et seq. We will refer to the election contest chapter of the Indiana Code as the "Election Contest Statute.”
Campbell v. Bd. of Sch. Commissioners, 908 N.E.2d 1234 (Ind. Ct. App. 2009).
· cites it 4× “The Court continued: an election contest petition must state that the person elected "does not comply with the specific constitutional or statutory requirement set forth in the petition that is applicable to a candidate for the office.”
In Re Nomination of Parker, 580 N.E.2d 1006 (Ind. Ct. App. 1991).
· cites it 6× “In support of his argument, he relied on I.C. § 3-12-8-1 and I.C. § 3-10-1-6. His reliance on I.”
Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008).
· cites it 12× “In a statutory election contest, Ind.Code § 3-12-8-1, which is titled "Candidates or voters entitled to contest," provides that "[a]ny candidate for nomination or election to a local or school board office may contest the nomination or election of a candidate who is declared…”
State ex rel. Crawford v. Delaware Circuit Court, 655 N.E.2d 499 (Ind. 1995).
· cites it 2× “st proceeding, the nomination or election of a candidate is adjudicated and determined following an unsuccessful candidate's or a voter's allegation that (i) the successful candidate does not meet applicable constitutional or statutory requirements, or (i) it is impossible to…”
Callahan v. Parker, 580 N.E.2d 1006 (Ind. Ct. App. 1991).
· cites it 4× “In support of his argument, he relied on I.C. § 3-12-8-1 and I.C. § 8-10-1-6. His reliance on 1.”
Donald B. Kite, Sr. v. Alexandra Curlin, 139 N.E.3d 1113 (Ind. Ct. App. 2019).
· cites it 4× “” Ind. Code § 3-12-8-1 (b). The second section of this chapter states that an election may be contested under section 1 if a petitioner alleges that one of the several circumstances exist, including that “the contestee was ineligible[.”
Ross Graham Thomas v. Joseph Foyst, 260 N.E.3d 887 (Ind. 2025).
· cites it 4× “§ 3-8-1-2(d) (authorizing a pre-election challenge by a county chair of a major political party in which the election district is located to question the eligibility of a candidate to seek office); I.C. § 3-12-8-1(c) (authorizing the county party chair to file an election…”
State on Rel. Crawford v. Del. Cir. Ct., 655 N.E.2d 499 (Ind. 1995).
· cites it 2× “In an election contest proceeding, the nomination or election of a candidate is adjudicated and determined following an unsuccessful candidate's or a voter's allegation that (i) the successful candidate does not meet applicable constitutional or statutory requirements, or (ii)…”
Ind. Code § 3-12-8-1(b): 1 case
Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008).
“In a statutory election contest, Ind.Code § 3-12-8-1, which is titled "Candidates or voters entitled to contest," provides that "[a]ny candidate for nomination or election to a local or school board office may contest the nomination or election of a candidate who is declared…”
Ind. Code § 3-12-8-1(c): 1 case
Ross Graham Thomas v. Joseph Foyst, 260 N.E.3d 887 (Ind. 2025).
“§ 3-8-1-2(d) (authorizing a pre-election challenge by a county chair of a major political party in which the election district is located to question the eligibility of a candidate to seek office); I.C. § 3-12-8-1(c) (authorizing the county party chair to file an election…”
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