Rust. Courtesy - Rust's X account.
INDIANAPOLIS – A judge will hear arguments next month over whether to suspend an Indiana law that U.S. Senate candidate John Rust, of Seymour, says unfairly precludes him from appearing on the ballot.
The underlying lawsuit was filed in the Marion County Superior Court last month as part of Rust’s effort to get his name on the May 2024 primary ballot. Rust maintains that a current Indiana law blocking him from the primary ballot is unconstitutional.
Indiana Secretary of State Diego Morales, the Indiana Election Commission, and Jackson County Republican Party Chair Amanda Lowery are named as defendants.
John Dietrick, a special Marion County Superior Court judge presiding over the case, said in a Wednesday order that he’ll consider Rust’s request for a preliminary injunction on Nov. 1. It’s not clear how long it could take Dietrick to issue an opinion, however.
The law in question requires a person wanting to run as a Democrat or Republican to have voted in that party’s primary the last two times they voted. The county party chair can sign off on the candidacy if the person doesn’t meet the requirement.
Also included in the latest court filings is the 148-page transcript from Rust’s three-and-a-half-hour deposition. Questioning from attorney Jim Bopp with the Indiana Attorney General’s Office, as well as from counsel for Lowery, took place last week in Indianapolis.
Rust, an openly gay Hoosier running as a Republican who chaired his family’s Seymour-based Rose Acre Farms until last month, entered the race for the GOP nomination in September. His main challenger is U.S. Rep. Jim Banks, who is the party’s favored contender in the race.
During the Oct. 11 deposition, Bopp questioned Rust’s assertion that “the only way” he can access the ballot is if his county party chairperson certifies him. Bopp said Rust could run as an Independent or Libertarian, or wage a write-in campaign as a Republican. He suggested, too, that Rust could run as a Democrat, given his voting record with county chair approval.
Rust maintained that he is a Republican and seeks to run as such.
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