Qualifications for Political Candidates

General Qualifications | Specific Qualifications | Minor Party Candidates

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 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.

The following statutes apply to all candidates:

I.C. 3-8-1-1 provides that: (b) 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 registered to vote in the election district the person seeks to represent not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination.

I.C. 3-8-1-5(c) provides that: "A person is disqualified from assuming or being a candidate for an elected office if:....(3) in a " (A) jury trial, a jury publicly announces a verdict against the person for a felony; (B) bench trial trial, the court publicly announces a verdict against the person for a felony; or (C) guilty plea hearing, the person pleads guilty or nolo contendere to a felony."

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.

The following qualifications are office specific

President/Vice-President: Article 2, Clause 5 of the United States Constitution provides that: "No person except a natural-born citizen.......shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years and been fourteen years a resident within the United States."

United States Senator: Article 1, Section 3, Clause 3 of the United States Constitution provides that: "No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen."

United States Representative (Congress): Article 1, Section 2, Clause 2 of the United States Constitution provides that: "No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen."

Governor/Lieutenant Governor: (1) must have been a United States citizen for at least five (5) years before the election; (2) must have resided in the state for at least five (5) years before the election; (3) must be (30) years old upon taking office; and (4) may not hold any other office of the United States or of this state upon taking office.

Indiana State Senator: (1) must be a United States citizen at the time of election; (2) must have resided in the state for at least two (2) years and in the senate district for at least one (1) year before the election; and (3) must be at least twenty-five (25) years old upon taking office.

Indiana State Representative: (1) must be a United States citizen at the time of the election; (2) must have resided in the state for at least two (2) years and in the house district for at lease one (1) year before the election; and (3) must be at least twenty-one (21) years old upon taking office.

Superior Court Judge: (1) Must be admitted to the practice of law in Indiana upon filing a declaration of candidacy or petition of nomination, or upon the filing of candidate selection under IC 3-13-1-15 or IC 3-13-2-8; and (2) comply with any other requirement for that office set forth in IC 33-29, IC 33-33, or IC 33-31. To be eligible to hold office as a Superior Court Judge, a person must be : (1) a resident of the county in which the court is located; (2) less that seventy (70) years of age at the time the judge takes office; and (3) admitted to practice law in Indiana.

Clerk of the Circuit Court: "Must be a registered voter of the county, not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination."

County Auditor, County Recorder, County Treasurer, County Sheriff, County Coroner, and County Surveyor: Must have resided in the county for at least one (1) year before the election.

County Assessor: (1) Must have resided in the county for at least one (1) year before the election; and (2) own real property located in the county upon taking office. A candidate for the office of county assessor who runs in an election after June 30, 2008, must have attained the certification of a level two assessor-appraiser under IC 6-1.1-35.5

County Commissioner, County Council Member: (1) Must have resided in the county for at least one (1) year before the election; and (2) must have resided in the district in which seeking election, if applicable, for at least six (6) months before the election.

Concord Township Assessor: IC 3-8-1-23.6 provides that: A person who runs in an election after June 30, 2008, for the office of township assessor under IC 36-6-5-1 must have attained the certification of a level two assessor-appraiser under IC 6-1.1-35.5 before taking office.

Township Trustee: Must be a registered voter in the election district the person seeks to represent not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination.

Township Board Member: Must be a registered voter in the election district the person seeks to represent not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination.

Town Council Member: Must be a registered voter in the election district the person seeks to represent not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination.

School Board Member: (1) Must have resided in the school corporation for at least one (1) year before the election; (2) must have resided in the election district for at least one (1) year before the election.

Precinct Committeemen and State Convention Delegates: Must comply with any candidate requirement set by state party rules.

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 2010 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 2010 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-44), 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-44)The most recent Commission approved version of this form must be used by these candidates. (IC 3-5-4-8)The CAN-44 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)