IC 3-12-8-1: Persons entitled to contest

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.