INDIANAPOLIS -- Indiana Supreme Court justices on Thursday blocked an injunction against the state’s two-primary rule that prohibits U.S. Senate hopeful John Rust from appearing on the GOP primary ballot in May.

Chief Justice Loretta Rush said that “a majority” of the justices voted to stay the trial court’s order, in which Marion County Superior Court Judge Patrick J. Dietrick found Indiana’s two-primary requirement unconstitutional.

Rush did not say how many or which justices voted for or against the stay, but she indicated that a full opinion is “forthcoming.”

The move is likely to cause Rust to be bumped from the race.

For that to happen, a challenge has to be made and the Indiana Election Commission must vote to keep Rust off. The commission is split with two Republicans and two Democrats. The deadline to challenge a candidate who filed to run in the May 2024 primary is noon on Friday, Feb. 16.

Still, Rust told the Indiana Capital Chronicle he’s not giving up.

“I’ve been fighting the establishment since day one. I will never stop fighting,” Rust said Thursday. “All options are on the table, including relief from the U.S. Supreme Court.”

The law in question prohibits candidates whose last two primary votes don’t match the party they wish to represent.

Rust, running to succeed U.S. Sen. Mike Braun, sued to gain access to the Republican ballot, saying the measure barred the vast majority of Hoosiers from running under their preferred party. The Seymour egg farmer wants to challenge Congressman Jim Banks for the GOP nomination in the May 2024 primary.

Rust’s two most recent primary votes were Republican in 2016 and Democrat in 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.

The order comes just days after the high court heard oral arguments in Rust’s challenge.

Benjamin Jones, defending state election officials, maintained on Monday that governments “must substantially regulate elections” to make sure they are “free, fair and honest.” He emphasized that candidates don’t have the automatic right to affiliate themselves with a party.

Michelle Harter, Rust’s attorney, said current law wrongly allows the political party’s work to be handled by the state.

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 court order.

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The Indiana Capital Chronicle is an independent, nonprofit news organization dedicated to giving Hoosiers a comprehensive look inside state government, policy and elections. The site combines daily coverage with in-depth scrutiny, political awareness and insightful commentary.

You can read the original version of the story here.

The post Indiana Supreme Court ruling could keep Rust off May ballot appeared first on News Now Warsaw.

INDIANAPOLIS — Whether U.S. Senate hopeful John Rust can appear on Indiana’s primary ballot is now up to the state’s supreme court justices.

Rust, running to succeed U.S. Sen. Mike Braun, is challenging a law prohibiting 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 2012 — meaning under the questionable 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.

“Elections are for the people to decide,” Rust said outside the courtroom Monday morning. His attorney, Michelle Harter, said current law wrongly allows the political party’s work to be handled by the state.

Rust sued Lowery, the Indiana Secretary of State, and Indiana Election Commission in September to gain access to the Republican ballot, saying the measure barred the vast majority of Hoosiers from running under their preferred party — an argument that seemed to sway the court.

Marion County Superior Court Judge Patrick J. Dietrick found in December that the two-primary requirement is unconstitutional.

But the state appealed, and the Indiana Supreme Court expedited the case as a matter of “significant public interest.”

Benjamin Jones, defending state election officials, maintained on Monday that governments “must substantially regulate elections” to make sure they are “free, fair and honest.” He doubled down that candidates don’t have the automatic right to affiliate themselves with a party.

He emphasized that the trial court came to the “wrong conclusion” and “made the crucial mistake of conflating primary elections which are used by parties to determine their candidates for a general election with the general election where Hoosiers will elect their representatives to government.”

Will justices strike down existing state law?

Rust, the former chair of the embattled egg supplier Rose Acre Farms, wants to challenge Congressman Jim Banks for the GOP nomination in the May 2024 primary.

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.

Even so, he has repeatedly attacked Rust over his prior voting record and other matters. Cash-flush Rust has consistently responded with counter attacks against Banks.

While Rust has already gathered the required 4,500 signatures — 500 from each congressional district, the court’s decision could remove him from the ballot.

At the Monday hearing, Justice Mark Massa asked why it was “so hard” for Rust to vote in two consecutive primaries.

Harter said a majority of Hoosiers don’t meet one primary rule, “let alone” two consecutively.

Massa also pointed to conventions where candidates can instead be chosen by “party loyalists” and “close the door” on Rust anyway.

“So why is any sort of ballot restriction of modest requirements to vote in two primaries to demonstrate that you’ve been active in the party — how does that violate the First Amendment?” Massa asked.

Harter said the First Amendment “is freedom of association.”

“Contrary to what the state has claimed, it’s not just to get on the ballot in any way possible,” she said. “It’s to freely associate with the party.”

Rust’s attorney also maintained that he could not have voted in the 2023 municipal primary. She said Rust does not live in the Seymour city limits and therefore did not qualify to cast a ballot.

Massa later said the primary voting record is objective and asked what could replace it. Harter suggested that signatures could have to be from only members of the Republican Party.

If Rust prevails and the injunction remains in place, Harter said Indiana would return to its previous statute — one primary and a party chair certification — or a Hoosier could attest that they are a member of the party.

“If Rust is on the ballot, what’s the harm to the state? If he loses, then the Republican voters have rejected him, right? And so if he wins, then he has party support,” she said. “It’s not some kind of frivolous candidacy. I think we should trust our voters to decide.”

Court appear split

Meanwhile, Jones, with the Indiana Attorney General’s Office, said the statute in question requires a person to demonstrate affiliation with the party before representing the party.

He said parties can choose the candidates they want to run. But Chief Justice Loretta Rush said three different sets of rights are meeting at the same time — that of voters, candidates and parties.

Justice Geoffrey Slaughter further questioned why the county chair is in charge of statewide or federal races, rather than local.

Jones responded that the county chair is in the “best position” to know the person’s bonafides as a party member.

Rush additionally asked if Rust has “a meaningful alternative.” To be an independent, a candidate must state they aren’t affiliated with a political party. Rush said that precludes Rust because he has said repeatedly he is a Republican.

Justice Christopher Goff said there is a “value” associated with having an “R” by a statewide candidate’s name.

Still, Jones said the state has a compelling interest in allowing parties to exercise their associational rights.

“The parties rightfully are able to exclude candidates that they don’t believe are sufficiently affiliated with them,” he told the justices. “It’s allowing voters to understand that if this person is running for my party’s nomination, or in fact has my party’s nomination in the general election, that they are going to generally stand for the principles that the party with which I affiliate stands for.”

In court briefs, the state has garnered support from the Indiana Republican Party, while Rust has received backing from Common Cause Indiana and the League of Women Voters of Indiana.

The justices did not say when an opinion could come down, but the court is likely to rule quickly.

The Indiana primary will take place on May 7, and absentee ballots must be sent to voters who have previously filed an approved application by March 23.

Even sooner is the deadline to challenge a candidate who filed to run in the May 2024 primary, at noon on Friday, Feb. 16.

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The Indiana Capital Chronicle is an independent, nonprofit news organization dedicated to giving Hoosiers a comprehensive look inside state government, policy and elections. The site combines daily coverage with in-depth scrutiny, political awareness and insightful commentary.

You can read the original version of the story here.

The post State’s high court weighs in on Rust’s challenge to appear on primary ballot appeared first on News Now Warsaw.

INDIANAPOLIS — The Indiana Republican State Committee filed an amicus brief last week supporting a law that limits who can run under major party banners in Indiana.

U.S. Senate candidate John Rust is challenging the statute because it prevents him from filing as a Republican against party favorite Jim Banks, a U.S. Representative.

The 2021 law bars primary ballot access unless a candidate’s two most recent primary votes match the party they wish to represent — a measure that Marion County Superior Judge Patrick J. Dietrick ruled was unconstitutional in December.

The ruling and injunction was a win for Rust, who wouldn’t qualify for the ballot because of the two-primary rule. Banks and Rust are seeking to succeed U.S. Sen. Mike Braun, also a Republican, who is pursuing the governor’s office in the 2024 cycle.

But the Indiana GOP — filing in support of defendants Secretary of State Diego Morales, the Indiana Election Commission and Jackson County Republican Party Chair Amanda Lowery — said the law poses a “modest test” that “weeds out candidates who are not actually affiliated with the party.”

“Political parties have a constitutional right to determine their own membership and limit the candidates appearing on their primary ballots based on that membership; the State has an interest in safeguarding that right. The Committee has a substantial interest in enforcing and upholding a law that protects its right to freedom of expressive association and promotes election integrity,” the party’s filing said.

A spokesman for the Indiana Democratic Party had no comment at this time.

Indiana GOP arguments

The Indiana Republican Party made its preference for Banks clear when it took the unprecedented step to endorse him, something unheard of in recent modern history.

Despite Banks’ widespread name recognition, campaign war chest and the support from both former President Donald Trump and current seat holder Braun, he also continues to attack underdog Rust.

The state party filing said Rust could run “while describing himself as a Republican or associating himself with the Republican ideology … (but) does not have the constitution right to run for Senate as the Republican Party’s nominee…”

Republican and Democrat nominees for the U.S. Senate are selected via a state-funded primary in Indiana, rather than through a convention.

Both parties use the convention process in Indiana to nominate candidates for state-level positions, including: Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State and State Auditor. That political process used to include other offices, such as U.S. senators.

Minor political parties in Indiana, including the Libertarian Party, may utilize conventions more than the state’s major parties. Libertarians traditionally have nominated their candidates for governor and senator at convention.

Republicans argued the injunction on the 2021 primary law “will have the effect of returning party politics to the old ways,” meaning the convention process, for other political nominations.

The filing said that “chaos and unchecked gamesmanship” would ensue because “those loyal to one political party (could seek) to appear on another party’s primary ballot to confuse or mislead voters.” Several of Indiana’s prominent politicians have switched parties, including leading Democratic nominee for governor Jennifer McCormick and Braun himself.

Other details

The filing rebuffs several arguments from Dietrick, who said the law appeared to benefit political parties over the state and Hoosiers.

“The distinction between wholly internal aspects of party administration on one hand and participation in state run and state financed elections on the other is at the heart of this case. Therefore, it is the State’s asserted interests, not the interests of the Indiana Republican Party,” the ruling said. “There is no compelling or even rational government interest being served here.”

According to the party, Dietrick’s ruling and injunction “consistently conflates the right to run for office with a distinct, but non-existent, right to appear on the Republican primary ballot.”

Rust, the filing noted, could run as a write-in candidate or under a third party but not as a Republican under the 2021 law — “a minor restriction that does not trigger strict scrutiny.”

Republicans acknowledge that the law isn’t “an infallible proxy for party affiliation” but go on to say that no law can determine “the inner-thoughts and beliefs of a candidate.”

“But our entire system relies on the presumption that voters generally vote consistent with their beliefs. It is rational that a candidate’s most recent voting history likely reflects her beliefs, values and party affiliation,” the filing said.

The filing from the Indiana Republican Party must still be accepted before the court may consider it. Rust’s representation has until Jan. 19 to respond to the party and other appellant arguments, according to a Dec. 15 ruling.

The Indiana Supreme Court will hear arguments on Feb. 12, though a ruling in favor of Rust doesn’t guarantee his appearance on the ballot — he must still gather 500 signatures from each of the state’s nine congressional district.

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The Indiana Capital Chronicle is an independent, nonprofit news organization dedicated to giving Hoosiers a comprehensive look inside state government, policy and elections. The site combines daily coverage with in-depth scrutiny, political awareness and insightful commentary.

You can read the original version of the story here.

The post Indiana GOP files brief against Rust in primary challenge appeared first on News Now Warsaw.

INDIANAPOLIS — A candidate for Congress won an injunction from a Marion County court late Thursday after the judge found a state law that limits who can run on a primary ballot is unconstitutional.

He also simultaneously denied the state’s motion to dismiss — a win for the underdog campaign.

“‘Elections belong to the people. It’s their decision,’” the court ruling from Marion County Superior Court Judge Patrick J. Dietrick reads, quoting Hoosier-raised attorney and former U.S. President Abraham Lincoln. “It is with this purpose in mind that the court renders its decision.”

John Rust, running to succeed U.S. Sen. Mike Braun, currently can’t appear on the Republican ballot because of a law prohibiting candidates whose last two primary votes don’t match the party they wish to represent.

Rust sued to gain access to the Republican ballot, saying the measure barred the vast majority of Hoosiers from running under their preferred party — an argument that seemed to sway the court.

“This is a victory for the 80% who are banned from running for political office and I know they don’t like me saying that but it’s the absolute truth,” Rust told the Indiana Capital Chronicle, citing a Pew Research Center analysis of Indiana’s party affiliation.

Dietrick also cited that research in his filing.

“When the immense power of the state is turned toward and upon its citizens in such a way that it imperils a sacred and cherished right of those same citizens, the state’s actions must be for an articulated compelling and pressing reason, and it must be exercised in the most transparent and least restrictive and least intrusive ways possible,” he said.

“The 2021 (law) fails in this regard. It unduly burdens Hoosiers’ long-recognized right to freely associate with the political party of one’s choosing and to cast one’s vote effectively,” Dietrick continued.

Law seems to benefit party, not the state

Rust’s two most recent primary votes were Republican in 2016 and Democrat in 2012 — meaning 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, which Jackson County Republican Party Chair Amanda Lowery elected not to do in this case because of the two primary rule, according to the filing.

Dietrick noted that it appeared the Republican party — which made the unprecedented move to endorse Rust’s opponent, U.S. Rep. Jim Banks — benefited from this law, rather than the state and Hoosiers.

“The distinction between wholly internal aspects of party administration on one hand and participation in state run and state financed elections on the other is at the heart of this case. Therefore, it is the State’s asserted interests, not the interests of the Indiana Republican Party,” the ruling said. “There is no compelling or even rational government interest being served here.”

Dietrick continued to say that Hoosiers have the freedom to vote in either party primary and that voting “is not indicia of party membership or loyalty.”

He noted that the U.S. Supreme Court had struck down similar restrictions to party membership that lasted 23 months while this law restricts voting Hoosiers for 48 months or more. Additionally, two candidates openly calling themselves Republicans qualified for the Democratic ballot in Owen County in 2022 — an outcome which Dietrick said “is compelling proof that the statute does not work to serve the alleged state goal.”

Dietrick noted the Indiana Constitution requires a candidate to live in Indiana for two years preceding the election to be eligible. The law in question essentially doubles that.

Further, according to the state constitution, a state representative may be twenty-one years old. But with the voting age set at eighteen, most candidates would not have voted in two primaries until reaching the age of twenty-two,” the ruling said.

Dietrick added that the law didn’t give Hoosiers guidelines for qualifying if they needed a party chair’s approval. Notably, he said, Rust didn’t get a list from Lowery “until after she denied him certification and only because he filed suit.”

An uphill battle for Rust

Thursday’s ruling doesn’t guarantee Rust a spot on the Republican ballot — he must still gather 500 signatures from each of the state’s nine congressional districts — but means he cannot be denied from participating due to his voting history.

His primary opponent, Banks, continued to denigrate his “Democrat” opponent and referenced a recent court battle involving the Rust family, including John Rust.

Egg farmer Rust stepped down from his embattled family farm, Rose Acre Farms, earlier this year. Last month, a jury found that Rose Acre, one of the nation’s largest egg distributors, had purposefully manipulated its supply with competitors to increase the price of eggs. The egg farms have been fined millions.

“If Democrat John Rust gets his name on the ballot, then I look forward to comparing his liberal background and criminal price gouging scheme with my conservative record,” Banks told the Capital Chronicle. “As an Afghanistan veteran I will never back down from a fight to save our great country from the radicals who want to tear it down.”

But Rust likened it to the biblical story of David and Goliath, in which a smaller and weaker party overcame a giant.

“I think everything they’ve done against me to try to keep me off the ballot has made me stronger because it’s David versus Goliath. They keep trying to stone me, to say, ‘You know, you should not run; you’re not allowed to run. You’re not one of us; you’re not an establishment candidate. And that’s not me,” Rust said. “I’m an outsider; I’m a farmer. I am committed and I am going to run and I will absolutely win.

“And that’s because Indiana is sick of what the establishment is doing to them,” Rust concluded.

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The Indiana Capital Chronicle is an independent, nonprofit news organization dedicated to giving Hoosiers a comprehensive look inside state government, policy and elections. The site combines daily coverage with in-depth scrutiny, political awareness and insightful commentary.

You can read the original version of the story here.

The post Judge finds primary law unconstitutional; grants candidate John Rust injunction appeared first on News Now Warsaw.

WARSAW — US Senate candidate John Rust, who is flighting to get his name on the ballot for next year's race, stopped briefly in Warsaw Thursday and said he’s hopeful his legal battle against the Republican party and Congressman Jim Banks can be resolved quickly.

Banks announced his plans early this year his intentions to run for the Senate seat currently held by Mike Braun who is running for governor.

While Banks has lined up a slew of endorsements, Rust, has also announced plans to run for the seat as well but is facing opposition.

"The odd part is that how the state GOP, the National Senate Committee and RNC all endorsed him eight nine months before the May primary," Rust said. "They were lining it up for him. How fair is that? Is that Democracy? I think people deserve a choice."

He said the lawsuit could be decided within weeks, but said there could be other alternative strategies to ensure he gets his name of the ballot.

He's openly gay and married and his family operates a huge egg business in Seymour.

Rust, 56, was in South Bend earlier in the day Thursday and stopped briefly in Warsaw and fielded a few questions while standing outside of the Kosciusko County Courthouse.

He said he thinks being gay is a non-factor in modern politics.

"No one cares anymore. Maybe 20-30 years ago, they did, but in today's age, in my opinon, 95 or 99 percent of Hoosiers just don't care what goes on behind close doors," he said.

He agrees with Banks on the subject of wokeness.

"I do not believe pornography should be placed in front of kids in schools. I do not believe transgender ideology should be taught in front of children. I do not believe men should be in women's sports," he said.

He also said he supports whoever the Republican nominee is in the next presidential race, even if it happens to be former president Donald Trump. He was also asked if he thinks results from the 2020 presidential election were legit.

"Personally, I think (Donald Trump) probably won. Whether that's illegitimate or not, I can't say," he said.

The post Rust hopes to resolve US Senate ballot issue soon appeared first on News Now Warsaw.

INDIANAPOLIS — U.S. Senate candidate John Rust gave big to his own campaign during the third quarter, which he says is a sign that he won’t be propped up by political action committees.

Rust, an openly gay Hoosier running as a Republican, has contributed $1.6 million since he officially launched his campaign in September, according to his Federal Election Commission (FEC) filing. He chaired his family’s Seymour-based Rose Acre Farms until last month.

He raised only $6,000 in contributions from other individuals, however.

“I’m donating to my campaign rather than loaning to my campaign because I want to work in the United States Senate day one for Hoosiers,” Rust told the Indiana Capital Chronicle on Monday. “I won’t be going there to just work to pay off my campaign debts. It is very important to me that people know I’m in for this race 100% for Hoosiers. And will not be beholden to the Washington swamp like Jim Banks is.”

Although GOP favorite U.S. Rep. Jim Banks was beat on overall fundraising in the third quarter, he continues to amass more individual contributions than Rust and other contenders for Indiana’s open Senate seat in the November election. Between July and September, Banks received $417,419 from outside donors and $185,850 from political committees, like PACs.

Since campaigning began, Banks has also raked in more total donations than any other candidate. He has not made any personal contributions to his own campaign, according to federal campaign finance data.

Four Hoosiers — two Republicans and two Democrats — have launched the most serious bids for the U.S. Senate, with each hoping to take Indiana’s seat currently held by Sen. Mike Braun.

Braun is leaving the position to run for Indiana governor, opening the doors to a slate of potential successors.

But Banks is the party’s favored contender in the race.

The sitting congressman has already earned an endorsement from the Indiana Republican Party for his 2024 U.S. Senate bid — marking the first time in recent history that the state party has made an endorsement before primary elections for an open seat.

Rust, on the other hand, has launched a legal battle to get his name on the ballot. He maintains that a current Indiana law blocking him from the ballot is unconstitutional.

“John Rust is a left-wing millionaire whose longtime Democrat voting record disqualifies him from running as a Republican,” Banks told the Capital Chronicle on Monday. “John Rust is suing the state to let him on the ballot at the same time he’s being sued for price-gouging hardworking Hoosier families during the pandemic. He should pay back the Hoosier families he swindled instead of using his millions to try to buy a Senate seat.”

On the opposing ticket, former state lawmaker and lobbyist Marc Carmichael and Keith Potts, a member of Indianapolis’ City-County Council, are both seeking the Democratic nomination.

A spate of additional candidates from a variety of parties have also registered with the FEC. All candidates will have to gather enough signatures to make the ballot.

The primary election is scheduled for May 7, 2024. The general election will follow on Nov. 5, 2024.

Rust vs. Banks

In Indiana’s Senate race, Banks raised about $603,000 in the third quarter, ending the quarter with close $2.7 million cash on hand, according to his FEC filing. That’s compared to his $1.2 million raised in the first quarter and nearly $1 million during the second quarter.

Banks, who was first elected to Congress in 2016, has raised about $2.78 million over the course of the campaign.

He reported a total of $420,000 in debt during the latest quarter, after reporting just $32,000 in the second quarter.

Rust only filed a statement of organization with the FEC on July 1, just after the reporting period ended.

His self-funding has so far helped the campaign acquire an RV, print promotional materials and purchase billboard advertising. Rust has additionally received one $6,000 donation from his brother, Anthony, according to FEC filings.

“Jim Banks drinks from the chalice of PAC swamp water in DC with both hands,” Rust told the Capital Chronicle. “When career politicians like Mitch McConnell max out donations to Jim Banks, you know he is bought and paid for.”

Carmichael, meanwhile, made his candidacy official in June, while Potts announced his Senate run July 6.

Potts reported nearly $66,000 in donations during the third quarter — more than $62,000 he contributed himself. Carmichael has not reported any donations.

Dr. Valerie McCray, a psychologist from Indianapolis, was the first person to file to run in Indiana’s 2024 U.S. Senate race, in December 2022. But she has not reported any money raised to the FEC.

Pence low on cash

Former Vice President Mike Pence’s presidential campaign raised $3.3 million in the third quarter of this year — of which $150,000 came from his own pocket.

He reported in his latest FEC filing that he has just $1.2 million cash on hand, though, and more than $600,000 in debt.

Pence, also a former Indiana governor, entered the 2024 GOP primary in early June with just three weeks until the end of the second fundraising quarter. His campaign raised just over $1.1 million in that time, while his Committed to America super PAC raised about $2.6 million, according to his federal filing.

The latest numbers fuel ongoing questions about the former vice president’s overall path to the nomination and his ability to reach the donor threshold to qualify for the third GOP debate.

The Pence campaign has yet to confirm how many donors contributed during the third quarter, leaving it uncertain whether he will hit the Republican National Committee’s threshold needed to qualify for the opening debate in Miami on Nov. 8.

Candidates must have 70,000 individual donors and secure 4% of the vote in either two national polls, or one national poll and two polls from separate early states.

Former President Donald Trump, on the other hand, raised $24.5 million from July to September. That’s more than double the amount collected by the campaign of his closest rival in fundraising, Florida Gov. Ron DeSantis, who raised $11.2 million.

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The Indiana Capital Chronicle is an independent, nonprofit news organization dedicated to giving Hoosiers a comprehensive look inside state government, policy and elections. The site combines daily coverage with in-depth scrutiny, political awareness and insightful commentary.

You can read the original version of the story here.

The post John Rust significantly self-funding his race against Jim Banks; Pence struggling in Presidential contest appeared first on News Now Warsaw.