Indiana judge rules in favor of US Senate candidate seeking GOP nomination
An Indiana county judge has ruled that a contested state law that stipulates candidates for a party must vote in two primaries with the party they are affiliated with is unconstitutional
INDIANAPOLIS — An Indiana county judge ruled Thursday a contested state law that stipulates voting requirements for candidates' party affiliation is unconstitutional, dealing a win to a U.S. Senate hopeful who is seeking to run as a Republican in the primary.
The Marion County judge granted the injunction sought by John Rust, former chair of the egg supplier Rose Acre Farms who is running to replace Sen. Mike Braun. Rust filed a lawsuit in September against Secretary of State Diego Morales, the Indiana Election Commission and Jackson County Republican Party Chair Amanda Lowery to challenge the law and ensure the possibility of his place on the ballot.
The law in question says a candidate’s past two primary elections must be cast with the party the candidate is affiliated with or a county party chair must approve the candidacy. In court documents, Rust argued that this statute “should be struck down as being unconstitutionally vague and overly broad.”
“It is a spectacular victory for the voters of Indiana,” Rust said when reached by phone Thursday evening.
It was not immediately clear if the secretary of state will appeal the decision. The Associated Press sent an email to its office and left messages with its attorneys Thursday.
Rust voted as a Republican in the 2016 primary but as a Democrat in 2012. He did not vote in the 2020 Republican primary due to the pandemic and the lack of competitive Republican races in Jackson County, the lawsuit said. Rust said his Democratic votes were for people he personally knew.
Lowery, the county's
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