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Six challenges to U.S. Senate hopeful John Rust’s candidacy were filed by Friday’s deadline — increasing the likelihood that the Seymour egg farmer will be kept off the GOP primary ballot in May.
The challenges came one day after the Indiana Supreme Court stayed a lower court ruling that would have stopped election officials from using a contested primary law to remove Rust from the Republican ballot for U.S. Senate.
Hoosiers from Monroe, Harrison, Marion, Whitley and Hamilton counties filed the challenges against Rust, according to documents obtained by the Indiana Capital Chronicle. Each claimed he does not meet the state’s two-primary rule. The law prohibits candidates whose last two primary votes don’t match the party they wish to represent.
Rust’s two most recent primary votes were Republican in 2016 and Democrat in 2020 and 2012 — meaning under the law he can’t appear on the Republican ballot for the 2024 May primary election. The law allows an exception, should the county’s party chair grant it. Jackson County Republican Party Chair Amanda Lowery elected not to do so in this case.
Rust’s ballot chances now are up to the Indiana Election Commission, which must rule on challenges by Feb. 29. The state panel is split with two Republicans and two Democrats.
Roughly two dozen additional challenges against other local, state and federal candidates will also be decided by the commission.
Who gets to be on the ballot?
The form to question someone’s ballot eligibility requires the person making the challenge to provide facts indicating why the candidate is not qualified to run for office.
A public challenge hearing follows where each side — the challenger and the debated candidate — are given the opportunity to present their arguments to the board.
The board then discusses and votes on whether to uphold or dismiss the challenge. That meeting is slated for Feb. 27.
Rust told the Capital Chronicle he was “surprised” the submitted challenges focused solely on his voting record and not on his residency. His address has been the subject of campaign attacks by his opponent, with Banks accusing Rust of “lying” about where he lives on his voter registration and while giving a deposition under oath.
“I’m optimistic these will be thrown out,” he said of the challenges.
Rust, running to succeed U.S. Sen. Mike Braun, wants to challenge Congressman Jim Banks for the GOP nomination in the May 2024 primary. He sued to gain access to the Republican ballot, saying the measure bars the vast majority of Hoosiers from running under their preferred party.
Michelle Harter, Rust’s attorney, said current law wrongly allows the political party’s work to be handled by the state.
Rust maintained on Friday that, should the Indiana Supreme Court ultimately rule in favor of the existing state law that prevents him from appearing on the ballot, he plans to appeal to the U.S. Supreme Court.
“I will absolutely keep going. I’m doing this for the 81% … this is David versus Goliath,” Rust said. “I’m dedicating my life now to making sure that Hoosiers have the right to run for office, because I think it’s unconstitutional to keep people from being able to participate in their own country’s democracy.”
Banks has already earned an endorsement from the Indiana Republican Party for his Senate bid — marking the first time in recent history that the state party has made an endorsement before primary elections for an open seat.
Banks’ campaign did not immediately respond to a request for comment about the challenges to Rust’s candidacy.
Other challenges
Numerous Hoosiers — including candidates, county party leaders and Hoosier residents — also filed challenges against candidates for the country’s top office and other seats.
Sitting President Joe Biden, a Democrat, faces a challenge from Seventh Congressional District GOP candidate Gabe Whitley, who alleged Biden didn’t meet signature requirements.
An unofficial report from the Indiana Election Division showed Biden turned in hundreds more signatures per congressional district than needed.
Former President Donald Trump, the leading Republican presidential candidate, faces a challenge from Benjamin Kester of Monroe County. Kester argued Section 3 of the 14th Amendment to the U.S. Constitution — which bars insurrectionists from holding certain offices without a two-thirds vote from Congress — should keep Trump off the ballot.
In 2022, a similar challenge to U.S. Rep. Jim Banks was turned aside by the commission.
Democratic gubernatorial candidate Tamie Dixon-Tatum also faces a signature challenge, as does Banks. He is a Republican who’s running for U.S. Senate.
Dixon-Tatum turned in far fewer verified signatures than needed, according to county election officials. Banks appears to have more than enough signatures in each district, according to the state report.
About half of the challenges not filed against Rust also cited the two-primary law he is fighting in court as evidence other candidates should be kept off the primary ballot.
Madison County GOP Chair Russel Willis and Vice-Chair Kelli Heuer, for example, cited the two-primary law against Fifth Congressional District candidates Jonathan Brown, Scott King and Ryan Pfenninger. The first two are Republicans and the latter is a Democrat.
Johnson County GOP Chair Beth Boyce similarly challenged Sixth Congressional District candidate Sid Mahant, a Republican, on the basis of the two-primary law.
So did Allen County Democratic Party Chair Derek Camp against Republican Zachary Bonahoom, who’s running for state House District 82.
Fourth Congressional District candidate Trent Lester, state Senate District 34 candidate Chunia Graves, state House District 68 candidate Brent Fox, state House District Deandra Thompson 96 candidate and Warrick Superior Court 2 judge candidate Nick Dossett also face challenges based on the two primary law.
Other challenges argue residency requirements.
State House District 97 candidate Sarah Shydale faces two such challenges, including from Marion County Democratic Party Chair Myla Eldridge. House District 95 incumbent Rep. John Bartlett filed and later withdrew a residency-related challenge against primary challenger Autumn Carter.
The Indiana Capital Chronicle is an independent, not-for-profit news organization that covers state government, policy and elections.
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