By Abdul-Hakim Shabazz

Roughly 330 candidates for state and federal office could potentially be at risk of being kicked off the ballot this year — a problem that stems from how the office of Indiana Secretary of State Diego Morales has handled candidate filings and oath administration.

In Indiana politics, you can spend millions of dollars, knock on thousands of doors, and deliver a hundred speeches — and still get knocked off the ballot because of a line you signed in five seconds at a filing counter.

That is the quiet problem now rippling through the 2026 filing season.

Indy Politics has obtained documentation raising questions about who administered the oath for a number of recent Declarations of Candidacy filed with the Indiana Election Division — including filings from lawmakers seeking re-election. Among those potentially affected, sources say, is House Speaker Todd Huston, though there is no indication he was aware of any issue at the time of filing.

This is not about whether candidates are qualified. It is about whether the person who swore them in was legally authorized to do so.

What the law actually says

Indiana law is clear on one basic point: every candidate must sign their Declaration of Candidacy before a person authorized to administer oaths.

That requirement comes from IC 3-8-2-7, which governs what must be included in a declaration — including the oath itself.

Who counts as an authorized oath-giver is set out in IC 33-42-9-7, which lists a wide range of officials who can perform notarial acts, including:

  • Notaries public

  • Judges, clerks, and certain court officials

  • County auditors and recorders

  • Certain election officials

  • Employees of the Indiana Election Division

  • Members of the General Assembly

So far, so good.

The complication arises from how the Election Division actually handled filings.

The “Deputy SOS” question

According to a memo obtained by Indy Politics, some candidates were sworn in by individuals identified as “Deputy SOS” — shorthand for employees of the Secretary of State’s office.

If those individuals were simply Election Division employees acting within their official role, that likely satisfies IC 33-42-9-7.

But if they were acting as “special deputies” for purposes of administering oaths, a different statute applies.

Under IC 4-2-4, state agencies may appoint special deputies to administer oaths — but the law requires that:

  1. The appointment be made formally by the head of the agency,

  2. A certificate of appointment be filed with the Secretary of State, and

  3. The special deputy use an official seal stating:

    “Special Deputy of [Department], State of Indiana.”

The memo Indy Politics reviewed asks a pointed question: if these oath administrators were “Deputy SOSs,” why don’t their appointments appear to have been filed in the Election Division like other special deputies?

That is not a gotcha. It is a process question — and a potentially consequential one.

If the person swearing in candidates lacked proper authority under either statute, the declaration could be deemed defective.

Why this matters now

In most election cycles, this would be a footnote.

This year, it could be a landmine.

With competitive primaries looming, a technical defect in a declaration of candidacy is exactly the kind of issue a well-lawyered challenger could try to use to knock an opponent off the ballot.

Indiana courts and election boards generally prefer to allow candidates to “cure” technical mistakes — especially when the error appears to stem from state procedures rather than candidate misconduct. But that presumption is not absolute, and timing matters.

The primary filing deadline is February 6, 2026 at noon. After that, fixing mistakes becomes far harder.

What we know — and don’t

Here is what is clear:

  • Multiple candidates appear to have been sworn in by individuals identified as “Deputy SOS.”

  • It is unclear whether those individuals were acting as authorized Election Division employees under IC 33-42-9-7 or as special deputies under IC 4-2-4.

  • There is no evidence any candidate — including Speaker Huston — knowingly filed an improper declaration.

What remains unknown is whether this was an isolated clerical issue or a broader administrative practice inside the Election Division.

What Indy Politics is doing

To get answers, Indy Politics has filed an Access to Public Records Act (APRA) request with the Indiana Election Division seeking:

  • Copies of every Declaration of Candidacy filed for U.S. House, Indiana House, Indiana Senate, and county prosecutor races.

  • A spreadsheet of all candidates filed, including filing dates and whether any filings were amended or cured.

  • Any guidance, memos, or training materials the Election Division provided to staff about administering oaths for candidate filings.

In short: we are asking to see the signatures — and who put their name next to them.

The likely outcome

If this turns out to be a systemic issue, the most probable resolution is quiet and practical: candidates will be encouraged to refile before the deadline in front of clearly authorized officials, and everyone will move on.

If not, this could become a legal fight over ballot access — the kind that makes headlines and lawyers’ billable hours.

For now, the smartest move for any candidate is simple: double-check your filing, and if there is any doubt about who administered your oath, cure it before noon on February 6.

Because in Indiana elections, sometimes the race isn’t decided by voters — it’s decided by a single line at the bottom of a form.