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Indiana Code

Ind. Code § 3-8-2-4 (2025)

Time for filing and execution of declaration of candidacy; declaration of intent to be a write-in candidate

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 4. (a) A declaration of candidacy for a primary election must be filed not later than noon eighty-eight (88) days and not earlier than one hundred eighteen (118) days before the primary election. The declaration must be subscribed and sworn to before a person authorized to administer oaths.

     (b) A declaration of intent to be a write-in candidate must be filed:

(1) not earlier than the first date specified in IC 3-8-6-10(b) for the timely filing of a petition of nomination; and

(2) not later than noon on the date specified by IC 3-13-1-15(c) for a major political party to file a certificate of candidate selection.

The declaration must be subscribed and sworn to before a person authorized to administer oaths.

     (c) During a year in which a federal decennial census, federal special census, special tabulation, or corrected population count becomes effective under IC 1-1-3.5, a declaration of:

(1) candidacy may be filed for an office that will appear on the primary election ballot; or

(2) intent to be a write-in candidate may be filed for an office that will appear on the general, municipal, or school board election ballot;

that year as a result of the new tabulation of population or corrected population count.

[Pre-1986 Recodification Citation: 3-1-9-5(a) part.]

As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.96; P.L.1-1988, SEC.5; P.L.10-1988, SEC.32; P.L.5-1989, SEC.23; P.L.2-1990, SEC.6; P.L.4-1991, SEC.35; P.L.10-1992, SEC.12; P.L.3-1993, SEC.59; P.L.3-1997, SEC.120; P.L.14-2004, SEC.54; P.L.230-2005, SEC.23; P.L.164-2006, SEC.58; P.L.225-2011, SEC.25; P.L.219-2013, SEC.19.

 

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2014–2024 · leading case: Common Cause Indiana v. Individual Members of the Indiana Election Comm'n, 800 F.3d 913 (7th Cir. 2015).
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Common Cause Indiana v. Individual Members of the Indiana Election Comm'n, 800 F.3d 913 (7th Cir. 2015). “Ind.Code §§ 3-8-2-4, -5, -7. Pursuant to the Statute, a political party may nominate candidates for no more than half of the- eligible seats on the Marion Superior Court.”
Common Cause Indiana v. Indiana Sec'y of State, 60 F. Supp. 3d 982 (S.D. Ind. 2014). · cites it 2× “5; Ind.Code § 3-8-2-4; Ind. Code § 3-8-2-5 ; Ind.”
Diego Morales v. John Rust, 228 N.E.3d 1025 (Ind. 2024). · cites it 3× “§ 3-8-2-4 (a declaration must be filed not later than noon 88 days and not earlier than 118 days before the primary election).”
Hero v. Lake Cnty. Election Bd., 561 F. Supp. 3d 786 (N.D. Ind. 2021). “Code § 3-8-2-4 . It seems then he cannot legally file a declaration of candidacy for St.”
Ind. Code § 3-8-2-4(a): 1 case
Diego Morales v. John Rust, 228 N.E.3d 1025 (Ind. 2024). “§ 3-8-2-4 (a declaration must be filed not later than noon 88 days and not earlier than 118 days before the primary election).”
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