Indiana law blocking primary ballot access for John Rust is ruled unconstitutional

A Marion County judge ruled Thursday that the Indiana law preventing John Rust from running against Jim Banks in May’s Republican U.S. Senate primary is unconstitutional. 

Rust filed the lawsuit against Secretary of State Diego Morales, the Indiana Election Commission and the chairwoman of the Jackson County Republican Party in September. 

Thursday’s ruling does not give Rust immediate ballot access, as petition signatures and other requirements must be filled to qualify as a candidate. However, it could be an initial hurdle cleared for Rust, the former board chair of Seymour-based egg producer Rose Acre Farms, in his effort to run against Banks.

Amanda Lowery, the Jackson County GOP chair, told IndyStar on Thursday evening that she's disappointed by the ruling and believes an appeal is a possibility.

Requests for comment from Morales' office and the Indiana Election Commission were not immediately returned Thursday.

Marion County judge: Law violates 17th Amendment

The state statute in question requires a person seeking to run in a political party's primary to either have voted in that party’s past two primary elections or get approval to run from their county party chair. 

Rust voted as a Republican in the 2016 primary but as a Democrat in 2012. He did not vote in the 2020 Republican primary, according to the lawsuit, and Lowery stated she would not approve Rust due to his voting record. 

One of the findings in Marion County Judge Patrick J. Dietrick’s ruling is that the statute at the heart of the case violates the 17th Amendment, which says the people elect U.S. senators. 

The state law “protects incumbents and other party insiders, and disqualifies candidates like Rust, who are constitutionally qualified to run but precluded due to the statute,” the order states. 

Jim Banks and John Rust react

Reached by phone Thursday evening, Rust said he was not concerned about facing Banks and called the judge’s ruling a “tremendous victory for Hoosiers.” 

“Jim Banks and the Republican establishment were very intent on not having any competition,” Rust said. “Now they're absolutely going to have competition, and it's a great thing for Indiana voters to have a choice.”

Banks, currently a U.S. representative, announced his plan to run for Senate in January and since then has racked up endorsements from big-name Republican figures and organizations, including the Indiana Republican Party and former President Donald Trump. 

“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 said in a statement Thursday. 

A jury last month found trade groups and egg-producing companies, including Rose Acre Farms, liable in a price-fixing conspiracy to control supply and price of eggs. Rust has declined to comment on that verdict. 

Contact IndyStar's state government and politics reporter Brittany Carloni at brittany.carloni@indystar.com or 317-779-4468. Follow her on Twitter/X @CarloniBrittany.