- 10/13/2024 1:30:39 AM
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Former Republican candidate John Rust, who faced numerous legal challenges in his bid for the U.S. Senate, is now turning to the U.S. Supreme Court for help. Rust has filed a Writ of Certiorari, asking the court to review the Indiana Supreme Court's decision in March that prevented him from appearing on the ballot in the state's primary election. The Indiana Supreme Court ruled 3-2 that Rust was ineligible to run as a Republican in the 2024 U.S. Senate race due to the state's affiliation statute. This decision overturned a previous ruling by a Marion County judge who deemed the statute unconstitutional. According to the affiliation statute, a candidate must either vote in two consecutive primary elections with the party they wish to run as, or receive certification from a county party chairperson. Rust did not fulfill either requirement. In November's general election, Republican candidate U.S. Rep. Jim Banks will face Democratic candidate Valerie McCray, a clinical psychologist, for the U.S. Senate seat. Rust's legal team has filed a Writ of Certiorari, which gives individuals the opportunity to petition the U.S. Supreme Court to review a case decided by a lower court. The Court typically only accepts around 100-150 of the over 7,000 submissions it receives each year. The question at hand is whether Indiana's affiliation statute violates residents' rights to freely associate with the political party of their choosing. Rust's legal team argues that the majority opinion from the Indiana Supreme Court gives too much power to party leadership and disregards the state's ballot access precedent and the Supreme Court's precedent. They also claim that Indiana's ballot access laws are the most restrictive in the country. This case could provide the U.S. Supreme Court with the opportunity to address ballot access issues that are becoming more prevalent throughout the country. Rust stated that this petition is his way of continuing to fight for ballot access in Indiana, especially at a time when many Americans feel their voices and votes do not matter. The full petition can be viewed below.
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