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Ind. Code § 3-12-8-1

Persons entitled to contest

Applied in 5 court decisions — leading case Pabey v. Pastrick (2004)

Most recently applied in Burke v. Bennett (November 2008)

As added by P.L.5-1986, SEC.8

How often courts cite this section

198919902000200820
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.