Skip to comments.Lugar pulls name from DREAM Act (RINO retreats ahead of 2012 primaries but may still back amnesty)
Posted on 05/15/2011 2:25:58 PM PDT by rabscuttle385
Link only, per FR posting rules
Under Indiana Code 3-8-1-5.5 states:
Candidates defeated in primary or nomination process; ineligibility
Sec. 5.5. (a) Except as provided in IC 3-13-1-19 and IC 3-13-2-10 for filling a vacancy on a ticket, a person who:
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is defeated;
(3) files a declaration of candidacy for nomination by a county, city, or town convention and is defeated; or
(4) files a declaration of candidacy for nomination by a caucus conducted under IC 3-13-1 or IC 3-13-2 and is defeated;
is not eligible to become a candidate for the same office in the next general or municipal election.
The exception in IC 3-13-1-19 states: "Sec. 19. A person who was defeated in a primary election or in a town or state convention is eligible to be appointed by the political party that the person affiliated with by voting in the most recent primary election held by that party. The person selected may fill any vacancy on the party's ticket as a candidate in any general, municipal, or special election following that primary election or convention in which the vacancy occurred. However, a person is not disqualified from appointment under this section for not having voted in the most recent primary election if the appointee is certified as a member of that party by the county chairman for the county in which the appointee resides." As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.423; P.L.3-1993, SEC.226.
The exception in IC-3-13-2-10 states: "Sec. 10. A person who was defeated in a primary election or in a town or state convention is eligible to be appointed by the person's own political party to fill any vacancy on the party's ticket as a candidate in any general, municipal, or special election following that primary election or convention." As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.427.
In other words the only way Lugar can run as an independent candidate or 3rd party candidate is if he DOESN'T run in the Republican primary. He would have to run initially for that other 3rd or independent party FIRST and then win that party's primary. Once defeated he cannot run again for the same office until the next election cycle.
And the only way Lugar can run after being defeated in the GOP primary is through a vacancy. Example: In 2012 his opposing primary candidate for the Republican Party is Richard Mourdock. Should Mourdock win and then subsequently die, withdraw, or be disqualified due to a criminal conviction, etc.; THEN and only THEN could the IN GOP appoint Lugar as the candidate to fill that vacancy.
So in other words as long as Lugar runs in the Republican party, and as long as he is defeated by Mourdock, and then so long as Mourdock stays healthy and remains qualified, then Lugar can't run as an independent (or any other party) nor can he fill any vacancies on the GOP ticket.
Richard Mourdock is taking Loogie on. Time will tell.
Dick must be running for reelection that is the only time he acts like a Conservative. I hope it doesn’t work this time.
I’m a hoosier and I’ve been voting in this state since 1976. 2012 will be the first election that I can remember where Lugar has had a primary opponent. In the past he keeps getting re-elected because he has ran unopposed in the Republican primary.
But now he actually has a conservative primary opponent!!! I’m throwing all I have into helping Richard Mourdock defeat the RINO. With God’s help Lugar’s days are numbered.
I’ve heard Mourdock speak on several occasions. He is quite good. Pretty sharp guy.
Time has passed Lugar by. He is no longer relevent in this current political environment. He should do the honorable thing and retire and give speeches to little old ladies.
I say Dick Lugar before he dicks you.
Lugar is fired in 2012. The only elected he’ll now be able to get is the town idiot.
Thanks for going to all the trouble of looking that up. Much helpful information!