No. 23-1369

John Rust v. Diego Morales, Indiana Secretary of State, et al.

Lower Court: Indiana
Docketed: 2024-07-02
Status: Denied
Type: Paid
Response Waived
Tags: election-law first-amendment fourteenth-amendment political-association primary-election primary-elections state-election-laws voter-registration voting-rights
Key Terms:
FirstAmendment DueProcess Securities JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

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 (OCR Extract)

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.

Docket Entries

2024-10-07
Petition DENIED.
2024-07-24
DISTRIBUTED for Conference of 9/30/2024.
2024-07-16
Waiver of right of respondent Diego Morales, Indiana Secretary of State, and The Indiana Election Commission to respond filed.
2024-07-08
Waiver of right of respondent Amanda Lowery, in her official capacity as Jackson County Republican Party Chair to respond filed.
2024-06-28
Petition for a writ of certiorari filed. (Response due August 1, 2024)

Attorneys

Amanda Lowery, in her official capacity as Jackson County Republican Party Chair
Eric Ryan ShouseLewis And Wilkins, LLP, Respondent
Eric Ryan ShouseLewis And Wilkins, LLP, Respondent
Diego Morales, Indiana Secretary of State, and The Indiana Election Commission
James Allen BartaOffice of the Indiana Attorney General, Respondent
James Allen BartaOffice of the Indiana Attorney General, Respondent
John Rust
Michelle Christine HarterLekse Harter LLC, Petitioner
Michelle Christine HarterLekse Harter LLC, Petitioner