Case Summary
LWVIN and Common Cause Indiana filed an amicus brief at the Indiana Supreme Court requesting the court rule the 2021 Indiana Affiliation Statute unconstitutional. A state trial court had previously ruled the statute violated candidates’ and voters’ First and Fourteenth Amendment rights.
In 2021, Indiana enacted Election Code section 3-8-2-7(a)(4), the “Affiliation Statute,” which requires a statement of the candidate’s party affiliation to be a candidate for public office. A person is considered affiliated with a political party only if: (A) the two most recent primary elections in Indiana in which the candidate voted were a primary election held by the party the candidate claims to be affiliated with; or (B) they are the county chairman of: (i) the political party with which the candidate claims affiliation; and (ii) the county in which the candidate resides certifies the candidate is a member of the political party.
Plaintiff John Rust, a resident of Jackson County, Indiana, sought to run in the Republican primary election for United States Senate in 2024. However, he had not voted in the most recent Republican primary election in Indiana and the Jackson County Republican Party Chair declined to certify Rust as a Republican. Because of his failure to meet the requirements of party affiliation, Rust was not allowed on the ballot.
On September 18, 2023, Rust sued the Indiana Secretary of State, the Indiana Election Commission, and the Jackson County Republican Party Chair, alleging the Affiliation Statute was unconstitutionally vague and illegal under the First, Fourteenth, and Seventeenth Amendments of the United States Constitution, Indiana’s state constitutional equal protection and free and equal election clauses and candidate qualification provisions, and several rules of statutory construction.
On December 7, 2023, the state trial court issued a ruling striking down the Affiliation Statute as unconstitutional. Defendants then appealed to the Indiana Supreme Court, which agreed to hear the case on December 15, 2023.
On January 16, 2024, LWV Indiana and Common Cause Indiana filed an amicus brief at the Indiana Supreme Court urging the court to affirm the trial court’s ruling. The brief argued that the Affiliation Statute was a way for political parties to eliminate or suppress competition in primary elections and infringed upon the right of voters to cast a meaningful vote. The amici also argued the Affiliation Statute did not serve any of the interests Indiana cited to defend the law, including preventing political instability, excessive factionalism, and an overly cluttered ballot.
On February 12, 2024, the court heard oral arguments. On February 15, 2024, the court sided with Indiana and gave notice of its pending opinion. On March 6, 2023, in a 3-2 decision, the Indiana Supreme Court issued its opinion upholding the constitutionality of the Affiliation Statute. It reversed the trial court’s decision and remanded it with instructions to enter judgment for the state of Indiana. The ruling disqualified Rust from running as a Republican candidate for US Senate in Indiana in 2024.
On June 28, 2024, Rust filed a petition for a writ of certiorari to the Supreme Court of the United States. On October 7, 2024, the Court denied the petition.
LWV Indiana was represented in this matter by Bowman & Vlink, LLC.
LWV Timeline
Plaintiff Rust files lawsuit
Plaintiff John Rust, a Republican seeking to run for United States Senate in the 2024 Republican party primary election, files a state court lawsuit in Marion County Superior Court seeking to strike down the Affiliation Statute under the United States Constitution and Indiana Constitution.
Trial court issues ruling
The trial court strikes down the Affiliation Statute as unconstitutional and denies the state’s motion to dismiss the case.
Indiana Supreme Court accepts case
The Indiana Supreme Court agrees to hear the state’s appeal and sets a briefing schedule and an oral argument date.
LWV Indiana and Common Cause Indiana file amicus brief
LWV Indiana and Common Cause Indiana file an amicus brief supporting the trial court ruling. The brief states the Affiliation Statute fails to serve any compelling state interest and suppresses political competition within parties as well as voters’ choices for candidates.
Indiana Supreme Court issues opinion
The Indiana state supreme court issues a 3-2 opinion reversing the trial court’s ruling and upholds the Affiliation Statute as constitutional.
Plaintiff files petition for writ of certiorari
Plaintiff Rust requests the United States Supreme Court take the case and reverse the Indiana Supreme Court’s decision. The petition asks the Court to invalidate the Affiliation Statute and clarify relevant precedents.
United States Supreme Court denies petition
The United States Supreme Court denies the petition for a writ of certiorari.