On July 25, a hearing was held in Indiana state court over whether the nominee of a new party can be disqualfied from the November ballot, because he voted in a major party primary. The case concerns Mark Herak’s attempt to be on the November ballot for city council in Highland, Indiana, as the nominee of the “Highland First Party.” All cities and towns in Indiana have partisan elections. Herak’s petition was not challenged, but his ballot status was challenged because he had voted in the Republican primary. No Indiana law says independent or new party candidates must not have voted in a major party primary.

The judge said he would rule in five days. The case is Herak v Lake County Election Board, in Lake County Circuit Court.