In a significant victory for a U.S. Senate hopeful seeking to run as a Republican in the primary, an Indiana county judge has ruled a contested state law on voting requirements for candidates’ party affiliation as unconstitutional. The ruling comes as John Rust, former chair of Rose Acre Farms and a candidate to replace Sen. Mike Braun, challenged the law in court to secure his place on the ballot. The Marion County judge granted Rust’s injunction, dealing a blow to Secretary of State Diego Morales, the Indiana Election Commission, and Jackson County Republican Party Chair Amanda Lowery.
The law in question states that a candidate must have cast their past two primary elections with their affiliated party or obtain approval from the county party chair to be eligible for candidacy. Rust argued that this statute is unconstitutional due to being vague and overly broad. Judge Patrick J. Dietrick of the Marion County Superior Court agreed, ruling that the law unduly burdens the right of Hoosiers to freely associate with their chosen political party and cast their vote effectively.
Speaking about the ruling, Rust expressed his satisfaction, stating, “It is a spectacular victory for the voters of Indiana.” However, it remains unclear whether the secretary of state will appeal the decision.
Rust’s voting history became a point of contention in the case. He voted as a Republican in the 2016 primary but as a Democrat in 2012. Rust did not participate in the 2020 Republican primary due to the pandemic and the lack of competitive races in Jackson County. He explained that his Democratic votes were for individuals he personally knew. Lowery, the Republican Party chair, informed Rust in a meeting that she would not certify him based on his primary voting record.
Lowery believes that party chairs from both parties will be disappointed by the ruling and questions how candidacy can be determined without considering the primary record. She expects the ruling to be appealed.
While Rust has achieved this legal victory, he still faces challenges in securing the GOP nomination. U.S. Rep. Jim Banks, who has received the endorsement of the Indiana Republican Party and former President Donald Trump, poses a formidable obstacle. Additionally, Rust must fulfill a signature quota for the nomination.
Rust, portraying himself as a conservative gay man with an “outsider’s voice” in Washington D.C., previously served as the chair of Rose Acre Farms, one of the country’s largest egg producers. The company recently faced allegations of price-fixing in the 2000s, along with three other major egg producers. A federal court in Illinois ruled that these producers conspired to limit the domestic egg supply and increase prices, resulting in a $17.7 million damages order. Rep. Banks has accused Rust of being a “conman pretending to be a Republican,” while Rose Acre Farms maintains its innocence, with Rust planning to appeal the verdict.
The Indiana Senate race is attracting attention as Sen. Mike Braun vacates the seat to pursue the governorship. As the campaign trail intensifies, this ruling could have significant implications for the Republican primary and the overall political landscape in Indiana.
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