Candidate and Officeholders General Qualifications
All candidates, regardless of party affiliation (major party, minor party, independent, write-in), must meet the same qualifications before the candidate may run for a particular office. A person is not qualified to run for:
1) a state office; 2) a legislative office; 3) a local office; or 4) a school board office
unless the person is a registered voter in the election district the person seeks to represent not later than the deadline set by statute for filing a declaration of candidacy, petition of nomination or certificate of nomination. Indiana law requires many candidates, but not all, seeking state and local office to have resided in their election district for at least one (1) year prior to the general election. See the Indiana Candidate Guide, published by the Indiana Election Division, for more specific information.
Residency Questions
Under IC 3-5-2-42.5, "Residence" means the place where a person has the person's true, fixed, permanent home and principal establishment, and to which place the person has, whenever absent, the intention of returning...A person's residence may be established by...origin or birth [or] intent and conduct taken to implement the intent.
Under IC 36-4-5-2(c), Residency in territory that is annexed by the city before the election is considered residency for the purposes of candidate qualifications under IC 3-8-1-26.......even if the annexation takes effect less than one (1) year before the election.
Minor Party and Independent Candidates
A person is considered a minor party candidate if the person is affiliated with an organized party that did not obtain the highest or second-highest number of votes cast for Indiana Secretary of State at the last election held for the Secretary of State's office. (IC 3-5-2-30) Thus, the Democratic Party and Republican Party are considered "major parties" based on the results of the 2006 election for Indiana Secretary of State.
If a minor party received at least two percent (2%), but less than ten percent (10%) of the vote cast for Indiana's Secretary of State at the last election held for that office, the party may nominate candidates for the general election by conducting a state, county or municipal convention. The Libertarian Party falls into this category of "minor party" based on the 2006 election results. A person is considered an independent candidate if the candidate is a person who is not affiliated with any political party. (IC 3-5-2-26.6)
Although other minor parties and independents may hold conventions to nominate candidates, these nominations are not recognized in Indiana for purposes of winning a place on the general election ballot. A minor party (other than the Libertarian Party), or independent candidate in Indiana is nominated for placement on the general election ballot by petition of nomination.
To be nominated by this method, the candidate circulates a petition (Form CAN-19), acquiring a number of signatures that is equal to two percent (2%) of the total vote cast in the last election for secretary of state in the election district that candidate seeks to represent. (IC 3-8-6-3) An individual who signs a petition must be a registered voter and able to vote for the candidate submitting the petition when signing the petition.
The Indiana Election Commission prescribes a petition of nomination form. (Form CAN-19)The most recent Commission approved version of this form must be used by these candidates. (IC 3-5-4-8)The CAN-19 form may also designate a brief name, symbol or principle that the candidate represents. The candidate then files the petition of nomination with the county voter registration office of each county in which the election district is located. The board of voter registration then certifies how many individuals who have signed the petition are registered voters of the county. The petition must be filed with the appropriate county voter registration office for verification of petition signatures by the candidate between January 1 and noon, June 30 before the election. (IC 3-8-6-10). A candidate may withdraw a petition of nomination not later than noon, July 15 before the General Election. (IC 3-8-6-13.5)