Sec. 5.5. (a) This section applies to a petition of nomination which states that a candidate is affiliated with a 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 this chapter; 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.

(c) If the voter affirms under subsection (b) that:

(1) the candidate is not the nominee of the political party described in subsection (b)(1);

(2) the candidate is not affiliated with the political party described in subsection (b)(2); or

(3) the name of the political party set forth in the petition would cause voter confusion under subsection (b)(3);

the commission or county election board shall determine the validity of the questioned filing under section 14 of this chapter.

(d) Following the filing of a question under subsection (b)(3) and not later than the deadline for resolution of a question concerning a petition under section 14 of this chapter, all candidates named in the petition may file a joint written amendment to the petition to alter the name of the political party or to indicate that the candidates are independent.

(e) If:

(1) the commission or county election board determines that the party affiliation stated on the petition is described under subsection (b) and that the affirmation of the voter under subsection (c) is correct; and

(2) in the case of a determination under subsection (c)(3), the candidates do not file an amendment under subsection (d);

the commission or board shall deny the filing.

As added by P.L.3-1997, SEC.147. Amended by P.L.14-2004, SEC.64.