Despite legal rulings, John Rust again turns to court for GOP Senate primary ballot access

Clarification: This story has been updated to reflect the Indiana Supreme Court order was released the same afternoon as the Indiana Election Commission's decision. The court's order was filed 1:34 p.m. Tuesday, around the time the commission started to discuss the challenges to Rust's candidacy.

Seymour egg farmer John Rust, who was kicked off the Republican primary ballot for U.S. Senate on Tuesday, has again turned to the legal system in an attempt to face U.S. Rep. Jim Banks.

Rust on Wednesday filed a petition in Marion County Superior court asking for a reversal of the bipartisan Indiana Election Commission’s decision that booted him from the primary ballot.

Members of the Election Commission ruled that Rust did not meet the requirements of the state’s party association statute, requiring candidates to have voted in the last two primary elections with their desired party or get approval from their county party chair. The same afternoon of the commission's decision, the Indiana Supreme Court upheld the state law, reversing a lower court's previous ruling that the statute was unconstitutional.

From Tuesday: Jim Banks won't face Republican challenger in May. Here's who was removed from the ballot.

Despite that blow to Rust's U.S. Senate bid, he has not shown signs of ending his campaign. In the legal filing submitted Wednesday, Rust states the party association rule did not apply to him while an injunction was in place during the filing period.

In a post on X, formerly known as Twitter, Rust on Thursday morning said he took the legal action in another move in his “fight against the establishment.”

“I’ve been challenged by party bosses who have already picked their insider candidate and are desperate to get him into the United States Senate,” Rust said in a statement.

Party association law

The law has been the subject of a months-long legal battle Rust initiated in September when he filed a lawsuit against the Secretary of State, the Indiana Election Division and Amanda Lowery, the chair of Jackson County Republican Party.

In December, a Marion County judge ruled that the law was unconstitutional, but the state appealed the case. The Indiana Supreme Court allowed the law to go into effect in mid-February making Rust vulnerable to challenges one day before the deadline for challenges. Six were filed against Rust following the court’s stay.

The same afternoon of the Election Commission’s decision Tuesday, the Indiana Supreme Court issued its final ruling reversing the Marion County court’s ruling.

Rust argues in the legal petition that the timing of the Supreme Court’s decisions did not provide him enough time to seek other ways to qualify for the ballot.

According to the document, the LaPorte County Republican party chairman stated in an affidavit that he would have certified Rust following a move to LaPorte County.

Contact IndyStar's state government and politics reporter Brittany Carloni at [email protected] or 317-779-4468. Follow her on Twitter/X @CarloniBrittany.

This article originally appeared on Indianapolis Star: John Rust again takes legal step to get on Senate GOP primary ballot