2011 Indiana Code
TITLE 3. ELECTIONS
ARTICLE 8. CANDIDATES
CHAPTER 2. DECLARATION OF CANDIDACY FOR FEDERAL, STATE, LEGISLATIVE, OR LOCAL OFFICE IN PRIMARY ELECTION

IC 3-8-2
Chapter 2. Declaration of Candidacy for Federal, State, Legislative, or Local Office in Primary Election

IC 3-8-2-1
Application of chapter
Sec. 1. This chapter applies to the following:
(1) Each political party in the state whose nominee received at least ten percent (10%) of the total vote cast for secretary of state at the last election.
(2) Write-in candidates.
As added by P.L.5-1986, SEC.4. Amended by P.L.4-1991, SEC.33.

IC 3-8-2-2
Necessity of declaration of candidacy for nomination at primary election
Sec. 2. A person who desires to be nominated at a primary election as a candidate of a political party subject to this chapter for a federal, state, legislative, or local office shall file a declaration of candidacy.
As added by P.L.5-1986, SEC.4.

IC 3-8-2-2.2
Repealed
(Repealed by P.L.179-2011, SEC.34.)

IC 3-8-2-2.5
Requirements for write-in candidates
Sec. 2.5. (a) A person who desires to be a write-in candidate for a federal, state, legislative, or local office or school board office in a general, municipal, or school board election must file a declaration of intent to be a write-in candidate with the officer with whom declaration of candidacy must be filed under sections 5 and 6 of this chapter.
(b) The declaration of intent to be a write-in candidate required under subsection (a) must be signed before a person authorized to administer oaths and must certify the following information:
(1) The candidate's name must be printed or typewritten as:
(A) the candidate wants the candidate's name to be certified; and
(B) the candidate's name is permitted to appear under IC 3-5-7.
(2) A statement that the candidate is a registered voter and the location of the candidate's precinct and township (or ward and city or town), county, and state.
(3) The candidate's complete residence address, and if the candidate's mailing address is different from the residence address, the mailing address.
(4) The candidate's party affiliation or a statement that the candidate is an independent candidate (not affiliated with any

party). For purposes of this subdivision, a candidate is affiliated with a political party only if the candidate satisfies section 7(a)(4) of this chapter.
(5) A statement of the candidate's intention to be a write-in candidate, the name of the office, including the district, and the date and type of election.
(6) If the candidate is a candidate for the office of President or Vice President of the United States, a statement declaring the names of the individuals who have consented and are eligible to be the candidate's candidates for presidential electors.
(7) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by this subdivision.
(8) A statement as to whether the candidate has:
(A) been a candidate for state or local office in a previous primary or general election; and
(B) filed all reports required by IC 3-9-5-10 for all previous candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a campaign finance statement of organization for the candidate's principal committee or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date to file the declaration of intent to be a write-in candidate under section 4 of this chapter.
(10) If the candidate is subject to IC 3-9-1-5.5, a statement that the candidate is required to file a campaign finance statement of organization under IC 3-9 after the first of either of the following occurs:
(A) The candidate receives more than five hundred dollars ($500) in contributions.
(B) The candidate makes more than five hundred dollars ($500) in expenditures.
(11) A statement that the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and that the candidate is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
(12) The candidate's signature and telephone number.
(c) At the time of filing the declaration of intent to be a write-in candidate, the write-in candidate is considered a candidate for all purposes.
(d) A write-in candidate must comply with the requirements under IC 3-8-1 that apply to the office to which the write-in candidate seeks election. (e) A person may not be a write-in candidate in a contest for nomination or for election to a political party office.
(f) A write-in candidate for the office of President or Vice President of the United States must list at least one (1) candidate for presidential elector and may not list more than the total number of presidential electors to be chosen in Indiana.
(g) The commission shall provide that the form of a declaration of intent to be a write-in candidate includes the following information near the separate signature required by subsection (b)(7):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(h) A declaration of intent to be a write-in candidate must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of intent to be a write-in candidate. If there is a difference between the name on the candidate's declaration of intent to be a write-in candidate and the name on the candidate's voter registration record, the officer with whom the declaration of intent to be a write-in candidate is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of intent to be a write-in candidate.
As added by P.L.4-1991, SEC.34. Amended by P.L.1-1992, SEC.3; P.L.10-1992, SEC.11; P.L.3-1993, SEC.57; P.L.3-1995, SEC.50; P.L.3-1997, SEC.118; P.L.202-1999, SEC.2; P.L.26-2000, SEC.6; P.L.66-2003, SEC.13.

IC 3-8-2-2.6
Write-in candidate for school board office at primary; declaration of intent; withdrawal of candidacy; questioning validity of declaration
Sec. 2.6. (a) This section applies to a write-in candidate for a school board office to be elected on the same election day that a primary election is conducted.
(b) A:
(1) declaration of intent to be a write-in candidate; or
(2) withdrawal of a declaration;
must be subscribed and sworn to before an individual authorized to administer oaths.
(c) A declaration of intent to be a write-in candidate for a school board office 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 eighty-eight (88) days before the primary election.
(d) A candidate may withdraw a declaration of intent filed under subsection (c) not later than noon eighty-five (85) days before the

primary election.
(e) A question concerning the validity of a declaration of intent to be a write-in candidate for a school board office must be filed with the county election board under IC 3-8-1-2(c) not later than noon eighty-one (81) days before the date of the primary election. The county election board shall determine all questions regarding the validity of the declaration not later than noon sixty-eight (68) days before the date of the primary election.
As added by P.L.164-2006, SEC.56. Amended by P.L.225-2011, SEC.24.

IC 3-8-2-2.7
Withdrawal of a write-in candidate other than school board candidate at primary
Sec. 2.7. (a) This subsection does not apply to a write-in candidate for school board office who is subject to section 2.6(c) of this chapter. A candidate may withdraw a declaration of intent to be a write-in candidate not later than noon July 15 before a general or municipal election.
(b) This subsection applies to a candidate who filed a declaration of intent to be a write-in candidate with the election division. The election division shall issue a corrected certification of write-in candidates under IC 3-8-7-30 as soon as practicable after a declaration is withdrawn under this section.
As added by P.L.3-1993, SEC.58. Amended by P.L.3-1997, SEC.119; P.L.14-2004, SEC.53; P.L.164-2006, SEC.57.

IC 3-8-2-3
Precinct committeeman or delegate to state convention; necessity of declaration of candidacy
Sec. 3. A person who desires to be elected either or both of the following at a primary election shall file a declaration of candidacy:
(1) Precinct committeeman.
(2) Delegate to a state convention.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.51.

IC 3-8-2-4
Time for filing and execution of declaration of candidacy; declaration of intent to be a write-in candidate
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) This subsection does not apply to a write-in candidate for school board office who is subject to section 2.6(c) of this chapter. 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 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.
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.

IC 3-8-2-5
Filing with secretary of state
Sec. 5. A declaration of candidacy for:
(1) a federal office;
(2) a state office;
(3) a legislative office; or
(4) the local office of:
(A) judge of a circuit, superior, probate, county, or small claims court; or
(B) prosecuting attorney of a judicial circuit;
shall be filed with the secretary of state.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.97; P.L.5-1988, SEC.2.

IC 3-8-2-6
Certain local offices; filing declaration of candidacy; posting
Sec. 6. (a) A declaration of candidacy for:
(1) any local office not described in section 5 of this chapter;
(2) precinct committeeman; or
(3) delegate to a state convention;
shall be filed in the office of the county election board located in the county seat.
(b) Whenever the election district for a local office includes more than one (1) county, the declaration of candidacy shall be filed in the office of the county election board located in the county seat of the county that contains the greatest percentage of population of the election district.
(c) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven

hundred thousand (700,000). The chief deputy of the combined election board and board of registration shall post for public inspection a copy of each declaration of candidacy filed under this section on the day the declaration is filed.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.98; P.L.7-1991, SEC.1; P.L.12-1992, SEC.5; P.L.3-1997, SEC.121.

IC 3-8-2-7
Declaration of candidacy
Sec. 7. (a) The declaration of each candidate required by this chapter must be signed before a person authorized to administer oaths and contain the following information:
(1) The candidate's name, printed or typewritten as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(2) A statement that the candidate is a registered voter and the location of the candidate's precinct and township (or ward and city or town), county, and state.
(3) The candidate's complete residence address, and if the candidate's mailing address is different from the residence address, the mailing address.
(4) A statement of the candidate's party affiliation. For purposes of this subdivision, a candidate is considered to be affiliated with a political party only if any of the following applies:
(A) The most recent primary election in which the candidate voted was a primary election held by the party with which the candidate claims affiliation.
(B) The candidate has never voted in a primary election and claims a party affiliation.
(C) The county chairman of:
(i) the political party with which the candidate claims affiliation; and
(ii) the county in which the candidate resides;
certifies that the candidate is a member of the political party.
The declaration of candidacy must inform candidates how party affiliation is determined under this subdivision and permit the candidate to indicate on the declaration of candidacy which of clauses (A), (B), or (C) applies to the candidate. If a candidate claims party affiliation under clause (C), the candidate must attach to the candidate's declaration of candidacy the written certification of the county chairman required by clause (C).
(5) A statement that the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and that the candidate is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
(6) A request that the candidate's name be placed on the official

primary ballot of that party to be voted on, the office for which the candidate is declaring, and the date of the primary election.
(7) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by this subdivision.
(8) A statement as to whether the candidate has been a candidate for state or local office in a previous primary or general election and whether the candidate has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a campaign finance statement of organization for the candidate's principal committee or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date to file the declaration of candidacy under section 11 of this chapter.
(10) The candidate's signature.
(b) The commission shall provide that the form of a declaration of candidacy includes the following information near the separate signature required by subsection (a)(7):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(c) A declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.60; P.L.3-1995, SEC.52; P.L.3-1997, SEC.122; P.L.202-1999, SEC.3; P.L.167-2001, SEC.1 and P.L.199-2001, SEC.15; P.L.69-2003, SEC.2.

IC 3-8-2-8
Petition for candidacy for U.S. Senator or governor
Sec. 8. (a) A declaration of candidacy for the office of United States Senator or for the office of governor must be accompanied by a petition signed by at least four thousand five hundred (4,500) voters of the state, including at least five hundred (500) voters from each congressional district. (b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner.
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has been adopted under IC 3-3; and
(2) ending on the date that the part of the act or order issued under IC 3-3-2 establishing the previous congressional district plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under IC 3-3.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1992, SEC.13; P.L.126-2002, SEC.29.

IC 3-8-2-9
Form of petition; certification
Sec. 9. (a) A petition required by section 8 of this chapter must request that the name of the candidate be placed on the ballot at the primary election.
(b) The county voter registration office in the county where a petitioner is registered must certify whether each petitioner is a voter of the county. The certification must accompany and be part of the petition.
(c) If a county is part of more than one (1) congressional district, the certificate must indicate the number of petitioners from that county who reside in each congressional district.
As added by P.L.5-1986, SEC.4. Amended by P.L.38-1999, SEC.24.

IC 3-8-2-10
Submission of petition to county voter registration office; return of petition
Sec. 10. (a) A petition required by section 8 of this chapter must be submitted to the county voter registration office during the period beginning on the first date that a declaration of candidacy may be filed under section 4 of this chapter in the year in which the primary election will be held and ending at noon ninety-one (91) days before the primary election.
(b) After the certification of a petition under this section, the county voter registration office may, upon the request of the candidate named in the petition, return the original petition to the candidate for filing with the secretary of state under section 5 of this chapter.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.33; P.L.5-1989, SEC.24; P.L.225-2011, SEC.26.

IC 3-8-2-11
Filing declaration of candidacy; time for filing; economic interest

or financial disclosure statement
Sec. 11. (a) A declaration of candidacy may be made by mail and is considered filed as of the date and hour the filing occurs in the manner described by IC 3-5-2-24.5 in the office of the election division or circuit court clerk.
(b) A declaration is not valid unless filed in the office of the election division or circuit court clerk by noon on the seventy-fourth day before a primary election.
(c) This subsection applies to a candidate required to file a statement of economic interest under IC 2-2.1-3-2 or IC 33-23-11-15 or a financial disclosure statement under IC 4-2-6-8. The election division shall require the candidate to produce a:
(1) copy of the statement, file stamped by the office required to receive the statement of economic interests; or
(2) receipt showing that the statement has been filed;
before the election division accepts the declaration for filing. The election division shall reject a filing that does not comply with this subsection.
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.25; P.L.3-1993, SEC.61; P.L.3-1997, SEC.123; P.L.230-2005, SEC.24; P.L.164-2006, SEC.59.

IC 3-8-2-12
Confirmation statement
Sec. 12. Not more than one (1) day after a person files a declaration of candidacy in the office of the election division or circuit court clerk, the election division or circuit court clerk shall hand deliver to the candidate (or mail to the candidate at the address listed in the declaration) a statement showing the following:
(1) That the candidate has filed a declaration.
(2) The name of the candidate.
(3) The office for which the declarant is a candidate.
(4) The date on which the declaration was filed.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.53; P.L.3-1997, SEC.124.

IC 3-8-2-12.5
Declaration of intent to be write-in candidate; party affiliation
Sec. 12.5. (a) This section applies to a declaration of intent to be a write-in candidate in which the candidate states that the candidate is affiliated with the political party.
(b) If a candidate claims affiliation with a political party:
(1) described by IC 3-8-4-1;
(2) of a candidate who has previously filed a petition of nomination under IC 3-8-6; or
(3) whose name would result in voter confusion due to its similarity with the name of a political party described in subdivision (1) or (2);
a registered voter of the election district may question the validity of the filing in accordance with IC 3-8-1-2. The commission or county

election board shall determine the validity of the questioned filing under section 14 or section 18 of this chapter.
(c) Following the filing of a question under subsection (b) and not later than the deadline for resolution of a question concerning a candidacy under section 14 or section 18 of this chapter, a candidate may file a written amendment to the declaration to alter the name of the political party or to indicate that the candidate is independent.
(d) If:
(1) the commission or county election board determines that the candidate's stated party affiliation is described under subsection (c); and
(2) the candidate does not file an amendment under subsection (d);
the commission or board shall deny the filing.
As added by P.L.3-1997, SEC.125.

IC 3-8-2-13
Release of list of candidates
Sec. 13. Immediately after the deadline for filing, the election division and each circuit court clerk shall certify and release to the public a list of the candidates of each political party for each office. The election division and circuit court clerk shall also release to the public a list of all declarations of candidacy whose validity has been questioned under IC 3-8-1-2.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.126.

IC 3-8-2-14
Questions concerning validity of declaration
Sec. 14. (a) All questions concerning the validity of a declaration filed with the secretary of state shall be referred to and determined by the commission in accordance with section 18 of this chapter. A statement questioning the validity of a declaration must be filed with the election division under IC 3-8-1-2(c) not later than noon eighty-one (81) days before the date of the primary election.
(b) All questions concerning the validity of a declaration of candidacy filed with a circuit court clerk shall be referred to and determined by the county election board not later than noon sixty-eight (68) days before the date of the primary election. A statement questioning the validity of a declaration must be filed with the county election board under IC 3-8-1-2(c) not later than noon eighty-one (81) days before the date of the primary election.
(c) A question concerning the validity of a declaration of intent to be a write-in candidate shall be determined by the commission or the county election board not later than noon eighty-one (81) days before election day. A statement questioning the validity of a declaration of intent to be a write-in candidate must be filed with the election division or county election board under IC 3-8-1-2(c) not later than noon eighty-eight (88) days before election day.
As added by P.L.5-1986, SEC.4. Amended by P.L.4-1991, SEC.36; P.L.3-1993, SEC.62; P.L.2-1996, SEC.85; P.L.58-2001, SEC.1;

P.L.14-2004, SEC.55; P.L.225-2011, SEC.27.

IC 3-8-2-15
Declarations for more than one compensated office
Sec. 15. (a) A person who files a declaration of candidacy for an elected office for which a per diem or salary is provided for by law is disqualified from filing a declaration of candidacy for another office for which a per diem or salary is provided for by law until the original declaration is withdrawn.
(b) A person may file both:
(1) a declaration of candidacy under this chapter for nomination to a federal or state office; and
(2) a written request under IC 3-8-3-1 that the person's name be placed on the ballot in a primary election as a candidate for nomination for the office of President of the United States.
As added by P.L.5-1986, SEC.4. Amended by P.L.12-1988, SEC.1; P.L.3-1997, SEC.127; P.L.176-1999, SEC.31; P.L.179-2011, SEC.3.

IC 3-8-2-16
Declarations for more than one political party
Sec. 16. A person who files a declaration of candidacy for an elected office may not file a declaration of candidacy for that office in the same primary election for a different political party until the original declaration is withdrawn.
As added by P.L.5-1986, SEC.4.

IC 3-8-2-17
Certified list of candidates
Sec. 17. (a) At least seventy-four (74) days before a primary election in a county, the election division shall transmit to each county election board a certified list containing the name and address of each person for whom a declaration of candidacy has been filed with the election division and for which voters at the primary election may vote.
(b) The list must designate the office for which the person is a candidate and the political party the person represents.
(c) If the commission determines under section 18 of this chapter that the certified list of candidates should be amended to add or remove the name of a candidate, as soon as practicable after this determination, the election division shall transmit the county election board an amendment indicating the change to be made in the certified list.
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.26; P.L.3-1997, SEC.128; P.L.225-2011, SEC.28.

IC 3-8-2-18
Questions concerning declarations of candidacy
Sec. 18. (a) The commission shall act upon a question concerning a declaration of candidacy not later than noon sixty-eight (68) days before the date of the primary election. (b) The notice requirements set forth in IC 4-21.5 do not apply to the meeting conducted by the commission under subsection (a). The election division is required to give the best possible notice of the meeting to a person that the election division identifies as an interested party. Unless a written objection is filed with the election division before the end of the meeting, appearance in person or by counsel at the commission's meeting to act under subsection (a) constitutes an admission that adequate notice of the meeting has been given.
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.27; P.L.2-1996, SEC.86; P.L.3-1997, SEC.129; P.L.58-2001, SEC.2; P.L.225-2011, SEC.29.

IC 3-8-2-19
Publishing and filing notice of election
Sec. 19. (a) Upon receipt of the certified list under section 17 of this chapter, a county election board shall immediately compile under the proper political party designation the following:
(1) The title of each office.
(2) The name of each individual who has filed a request to be placed on the presidential primary ballot.
(3) The names and addresses of all persons for whom declarations of candidacy have been filed for nomination to an office on the primary election ballot.
(4) The text of any public question to be placed on the ballot.
(5) The date of the primary election.
(6) The hours during which the polls will be open.
(b) The county election board shall do the following:
(1) Publish the information described in subsection (a) before the primary election in accordance with IC 5-3-1.
(2) File a copy of the information described in subsection (a):
(A) with the election division; and
(B) in the minutes of the county election board.
(c) The county election board shall file the copies required under subsection (b)(2) not later than noon ten (10) days before election day.
(d) An election is not invalidated by the failure of the board to comply with this section.
(e) If the county election board receives an amendment from the election division under section 17 of this chapter after:
(1) compilation of the information described in subsection (a) has occurred; or
(2) the board determines that it is impractical to recompile completely revised information;
the board is only required to file a copy of the amendment with the minutes of the board.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.34; P.L.3-1997, SEC.130; P.L.38-1999, SEC.25; P.L.179-2011, SEC.4.

IC 3-8-2-20 Notice of withdrawal of candidacy
Sec. 20. (a) A person who files a declaration of candidacy under this chapter may, at any time not later than noon eighty-five (85) days before the date set for holding the primary election, file a statement with the same office where the person filed the declaration of candidacy, stating that the person is no longer a candidate and does not wish the person's name to appear on the primary election ballot as a candidate.
(b) A candidate who is disqualified from being a candidate under IC 3-8-1-5 must file a notice of withdrawal immediately upon becoming disqualified. The filing requirements of subsection (a) do not apply to a notice of withdrawal filed under this subsection.
(c) A candidate who has moved from the election district the candidate sought to represent must file a notice of withdrawal immediately after changing the candidate's residence. The filing requirements of subsection (a) do not apply to a notice of withdrawal filed under this subsection.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.35; P.L.5-1989, SEC.28; P.L.4-1991, SEC.37; P.L.3-1997, SEC.131; P.L.9-2004, SEC.9; P.L.230-2005, SEC.25; P.L.225-2011, SEC.30.

IC 3-8-2-21
Withdrawal of declaration of candidacy
Sec. 21. Upon receipt of notice under section 20 of this chapter, the election division or county election board shall indicate in the records of the division or board that the declaration of candidacy has been withdrawn and may not certify the name of the person as a candidate to be voted for at the primary election.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.132.

IC 3-8-2-22
Repealed
(Repealed by P.L.3-1997, SEC.475.)

IC 3-8-2-23
Candidate moving from district in which running; action upon failure to withdraw
Sec. 23. (a) This section applies if a person:
(1) files a declaration of candidacy under this chapter;
(2) moves from the election district that the person sought to represent following the filing of the declaration of candidacy;
(3) does not file a notice of withdrawal of candidacy under section 20 of this chapter; and
(4) is no longer an active candidate.
(b) The county chairman of any political party on the ballot in the election district or a candidate for the office sought by the person described in subsection (a) may, upon determining that this section applies, file an action in the circuit court in the county where the person described in subsection (a) resided. The complaint in this action must: (1) state that this section applies to the person;
(2) name the person described in subsection (a) and the public official responsible for placing that person's name on the ballot as defendants; and
(3) be filed no later than a notice of withdrawal could have been filed under section 20 of this chapter.
(c) When a complaint is filed under subsection (b), the circuit court shall conduct a hearing and rule on the petition within ten (10) days after it is filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the person described in subsection (a); and
(B) a candidate on the ballot for the office sought by the person described in subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1.
As added by P.L.3-1987, SEC.99.