THOMAS v. FOYST (2024)

Published Order Inviting Amicus Curiae Briefing

The Court of Appeals issued an opinion holding that, under Indiana Code section 3-13-1-7(b)(7), the Bartholomew County Republican Party's failure to meet a statutory deadline to submit a notice of caucus barred Appellee—a city council candidate—from appearing on the general election ballot. Thomas v. Foyst, 239 N.E.3d 95 (Ind. Ct. App. 2024). The Court of Appeals reversed with instructions to declare Appellee's opponent the winner of the 2023 Columbus City Council election for District 6. Appellee seeks transfer, asking this Court to accept jurisdiction over the appeal.

The Supreme Court invites amicus curiae briefing from the Office of the Indiana Attorney General, as well as any other amici with an interest in this case, to address the questions presented, including, but not limited to:

1. Does the Appellant have standing to litigate his claims?

2. Does voiding a notice of candidacy prevent a political party from renaming the same candidate to be on the ballot in the general election?

3. Does missing a statutory deadline for submitting election filings render a nomination void and of no effect?

Under Appellate Rule 41, amicus may file a motion for leave to appear as amicus and tender its proposed brief on or before January 31, 2025. Any amicus brief must not exceed 4,200 words, exclusive of the items listed in Appellate Rule 44(C), and must be accompanied by the verified statement of word count. See App. R. 44(F). The parties may file a single response brief addressing the amicus brief(s), not exceeding 4,200 words; any such response brief must be filed on or before February 20, 2025, and must comply with Appellate Rule 44(C) and (F).

All Justices concur.