Indiana County Judge Rules State Law on Voting Requirements Unconstitutional, Granting Victory to Republican Senate Hopeful

In a significant legal victory for U.S. Senate hopeful John Rust, an Indiana county judge has ruled that a contested state law regarding voting requirements for candidates' party affiliation is unconstitutional. The ruling comes as Rust, a former chair of egg supplier Rose Acre Farms, seeks to run as a Republican in the upcoming primary election to replace Senator Mike Braun.

Marion County Judge Patrick J. Dietrick granted the injunction requested by Rust, who had filed a lawsuit in September against Secretary of State Diego Morales, the Indiana Election Commission, and Jackson County Republican Party Chair Amanda Lowery. The lawsuit aimed to challenge the law and ensure Rust's eligibility to appear on the ballot.

The law in question states that a candidate must have cast their past two primary election votes with the party they are affiliated with, or obtain approval from a county party chair. Arguing that the statute was "unconstitutionally vague and overly broad," Rust contended that it should be struck down.

Rust expressed his satisfaction with the court's decision, stating, "It is a spectacular victory for the voters of Indiana." However, it remains uncertain whether the secretary of state will appeal the ruling. The Associated Press reached out to the secretary of state's office and its attorneys for comment but received no immediate response.

In court documents, Rust revealed that he had voted in the 2016 primary as a Republican, but in the 2012 primary, he had voted as a Democrat. Due to the COVID-19 pandemic and the absence of competitive Republican races in Jackson County, Rust did not participate in the 2020 Republican primary. He explained that his Democratic votes in the past were for individuals he personally knew.

Lowery, the Republican Party chair of Jackson County, reportedly informed Rust during a meeting in July that she would not certify his candidacy, according to the lawsuit. Rust alleged that Lowery cited his primary voting record as the reason for her decision. When contacted, Lowery expressed her belief that party chairs from both sides would be disappointed by the ruling and questioned how a candidate's eligibility could be determined without considering their primary voting history. She anticipates an appeal of the judge's decision.

During a November hearing, Rust argued that the law prevented legitimate candidates who had recently moved to Indiana or switched political affiliations from running for office. Judge Dietrick concurred, stating in his ruling that the law "unduly burdens Hoosiers' long-recognized right to freely associate with the political party of one's choosing and to cast one's vote effectively." As a result, he ordered the defendants to cover Rust's attorney fees.

Despite this legal victory, Rust still faces challenges in securing the GOP nomination. Representative Jim Banks has received the endorsement of the Indiana Republican Party and former President Donald Trump. Additionally, Rust must fulfill a signature quota to qualify for the nomination.

Rust has positioned himself as a conservative gay man offering an "outsider's voice" in Washington, D.C. Prior to his political aspirations, he served as the chair of Rose Acre Farms, a prominent egg producer in southern Indiana. Recently, Rose Acre Farms, along with three other major egg producers in the country, was found guilty of conspiring to limit the domestic supply of eggs between 2004 and 2008, leading to increased prices. The Illinois federal court jury ordered the companies to pay $17.7 million in damages. This ruling has further contributed to the intensity of the Senate race, with Banks accusing Rust of being a "conman pretending to be a Republican." Rust has maintained his innocence and stated that he intends to appeal the verdict.

The Senate seat Rust seeks to fill is being vacated by Mike Braun, as he pursues a gubernatorial bid.