Indiana AG's office to appeal judge's order in John Rust's U.S. Senate lawsuit

Brittany Carloni, Indianapolis Star
·2 min read
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The Indiana Attorney General’s office is appealing a Marion County judge’s order that a state law preventing egg farmer John Rust from running in the 2024 Republican U.S. Senate primary is unconstitutional, according to a court notice filed Friday.

Marion County Judge Patrick J. Dietrick last week ordered that the state statute that requires candidates to have voted in their desired party’s last two primary elections or to receive approval from their county’s party chair to run violates several of Rust’s constitutional rights.

The Indiana Supreme Court is expected to hear the appeal, according to the court notice. A spokesperson for the Attorney General's office did not have a timeline or additional information about the appeal as of Monday.

John Rust, board chair of egg producer Rose Acre Farms in Seymour, announced he is running as a Republican for Indiana's U.S. Senate seat.
John Rust, board chair of egg producer Rose Acre Farms in Seymour, announced he is running as a Republican for Indiana's U.S. Senate seat.

If Dietrick's order stands, Rust, the former board chair of Seymour-based Rose Acre Farms, would still have to fulfill required steps, such as petition signatures, to officially get on the Republican primary ballot.

Rust told IndyStar Monday that he believed the appeal is "the wrong image" for the state when it comes to candidates and ballot access. Hoosiers should not be blocked from running for office, Rust said.

"I'm surprised they're doing it because I think it will give them a black eye," Rust said.

Two-primary challenge: John Rust files lawsuit to face US Rep. Jim Banks in Senate primary in Indiana

Rust's lawsuit timeline

Rust announced his intention to run for Senate as a Republican in August, setting him up for a potential primary challenge against U.S. Rep. Jim Banks.

But Rust soon faced roadblocks. Rust voted in the 2016 Republican primary and the 2012 Democratic primary but did not vote in the 2020 primary.

Rust could also get ballot access through approval from Amanda Lowery, the chairwoman of the Jackson County Republican Party. But Lowery previously stated she would not approve Rust due to his voting record, according to Rust's lawsuit.In September, Rust sued Secretary of State Diego Morales, the Indiana Election Commission and Lowery over the statue blocking his candidacy.

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.

This article originally appeared on Indianapolis Star: Indiana AG office to appeal order in John Rust's U.S. Senate lawsuit