John Rust v. Diego Morales, Indiana Secretary of State, et al.
FirstAmendment DueProcess Securities JusticiabilityDoctri
Whether the Affiliation Statute violates Indiana citizens' right to freely associate with the political party of their choosing pursuant to the First and Fourteenth Amendments to the United States Constitution
QUESTION PRESENTED Indiana Code section 3-8-2-7(a)(4) (the “Affiliation Statute”) requires that, in order to run in a primary election as a Republican or Democrat, a candidate: 1) must have voted in the primary for the party they wish to run for in the last two primary elections in which the candidate voted; or 2) must obtain a written certification of party membership from their county party chair. Neither membership nor certification are defined by Indiana law. Indiana primaries are not closed. The question presented is: Whether the Affiliation Statute violates Indiana citizens’ right to freely associate with the political party of their choosing pursuant to the First and Fourteenth Amendments to the United States Constitution.