Persons Entitled to Contest

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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.

[Pre-1986 Recodification Citation: 3-1-28-1.]

As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.152; P.L.4-1996, SEC.79; P.L.176-1999, SEC.99; P.L.14-2000, SEC.7; P.L.194-2013, SEC.79; P.L.278-2019, SEC.149.


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