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 (b); and

(2) the candidate does not file an amendment under subsection (c);

the commission or board shall deny the filing.

As added by P.L.3-1997, SEC.125. Amended by P.L.9-2022, SEC.3.