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Candidate argues Indiana 'sore loser' statute cannot bar his independent write-in bid
Summary
The candidate told the Monroe County Election Board he accepts the Democratic primary result but argued that applying Indiana Code 3-8-1-5.5 to block an independent write-in candidacy raises First and Fourteenth Amendment concerns and asked for written findings if removed.
The candidate at the center of five challenges told the Monroe County Election Board that he "accept[ed] the result of the May Democratic primary" but argued the board must consider whether applying Indiana's sore-loser statute to his independent write-in bid would be constitutional. He repeatedly cited Indiana Code 3-8-1-5.5 and referenced federal and Indiana precedent, arguing that the statute eliminates his ability to participate in the general election as an independent and thus imposes a significant burden on political association and voters who might support him.
He asked the board to deny the challenges and, if the board concluded the statute required his removal, requested a written decision setting out the board's findings of fact and conclusions of law so he could pursue prompt judicial review. The candidate told the board he would seek injunctive relief if necessary because "the ballot is soon to be printed," and asked that certified primary results and other exhibits be included in the official record.
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