Sec. 1. (a) This chapter applies only to a candidate for election to any of the following: (1) A legislative office. (2) A state office other than a judicial office. (b) This chapter applies notwithstanding any other law relating to challenges to the qualifications of a candidate to be elected at a general election. As […]
Sec. 2. A candidate may not be challenged under this chapter if all of the following apply: (1) The candidate’s qualification was previously challenged under this chapter or other applicable law. (2) This challenge would be based on substantially the same grounds as the previous challenge to the candidate. (3) The commission conducted a hearing […]
Sec. 3. (a) An individual who challenges the qualification of a candidate for election to an office must be a registered voter of the election district the candidate seeks to represent. (b) A challenge under this chapter must be filed with the election division not later than noon seventy-four (74) days before the date of […]
Sec. 4. The commission shall do the following not later than three (3) business days after the challenger’s sworn statement is filed under section 3 of this chapter: (1) Meet to hear the challenge. (2) Conclude the hearing. As added by P.L.230-2005, SEC.32.
Sec. 5. (a) Not later than one (1) business day after concluding the hearing, the commission shall announce its determination on the matter. (b) If the commission does not announce a determination on the matter as provided in subsection (a), the commission is considered to have: (1) dismissed the challenge; and (2) taken final action […]
Sec. 6. The candidate or the challenger may appeal any final action: (1) that the commission has taken; or (2) that the commission is considered to have taken under section 5 of this chapter; to the court of appeals for errors of law under the same terms, conditions, and standards that govern appeals in ordinary […]
Sec. 7. (a) Regardless of the status of a challenge before the commission or the court of appeals, at noon sixty (60) days before the general election the following apply: (1) The challenge is terminated. (2) The name of the challenged candidate may not be removed from the ballot. (3) The name of another individual […]
Sec. 8. (a) This section applies if a candidate whose name remains on the ballot under section 7 of this chapter receives the most votes in the general election among all candidates for the office. (b) If, after the election, it is determined as provided by law that the individual was not qualified to be […]
