Indiana Supreme Court issues stay in John Rust ballot case, paving way for challenges

The Indiana Supreme Court has issued a stay in the case unfolding between U.S. Senate hopeful John Rust and the Secretary of State over Rust's ballot access, a day before the deadline for filing challenges to his candidacy.

Whereas a lower court had ruled in Rust's favor and temporarily blocked the law that prevents Rust from getting onto the Republican primary ballot, the stay pauses that injunction, meaning members of the public can, in the next 22 hours, can challenge Rust's candidacy.

Rust is seeking to run against U.S. Rep. Jim Banks for the seat being vacated by U.S. Sen. Mike Braun. Banks will likely file such a challenge.

The stay will remain in effect until the court issues an opinion in the case.

Michelle Harter, Rust's attorney, said she interprets this to mean it's likely the state Supreme Court will ultimately rule against Rust.

"I am amazed and disappointed at the stay," Rust's attorney, Michelle Harter, said. "It also means more and historic voter disenfranchisement."

She said she is considering appealing to the U.S. Supreme Court.

The deadline to file challenges with the Indiana Election Division is noon Friday.

How we got here

Rust announced his candidacy for U.S. Senate in August 2023, shortly after the Indiana Republican Party made the rare move of endorsing U.S. Rep. Jim Banks for the elected role.

Rust faced challenges from the start.

To be on a primary ballot in Indiana, state statute says the you most have affiliated with that party in the last two primary elections in which you voted. If a candidate doesn’t meet that requirement, he or she can get approval from the county political party chair.

Rust did not cast ballots as a Republican in the last two primary elections he participated in and Jackson County Republican Party Chair Amanda Lowery declined to sign off on Rust’s Senate candidacy.

So Rust sued. In September, he filed a lawsuit in Marion County Court against Secretary of State Diego Morales, the Indiana Election Division and Lowery. The lawsuit centered around the constitutionality of the association statute.

In December, a Marion County judge ruled in Rust’s favor, but the state government appealed the decision. Indiana Supreme Court justices in mid-February heard oral arguments from attorneys on the case.

Meanwhile, both Rust and Banks have been preparing for the primary. Both candidates fulfilled the petition signature requirements and met the filing deadline on Feb. 9.

Contact IndyStar state government and politics reporter Kayla Dwyer at [email protected] or follow her on Twitter @kayla_dwyer17.

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: Indiana Supreme Court stay means Senate hopeful John Rust can be challenged