candidate eligibility; special election order Sec. 18. (a) When a recount is completed by the state recount commission or its designee, the commission shall: (1) make and sign a certificate showing the total number of votes received in the precincts by each candidate for nomination or election to the office; (2) state in its certificate the candidate who received the highest number of votes in the precincts for nomination or election to the office and by what plurality; and (3) file its certificate with the election division.
(b) When a contest proceeding in which a candidate is alleged to be ineligible is completed by the state recount commission or its designee, the commission shall make a final determination concerning the eligibility of the candidate for nomination or election to the office. (c) If the state recount commission or its designee determines that: (1) a mistake was made in the printing or distribution of ballots used in the election; (2) a mistake was made in the programming of an electronic voting system; (3) an electronic voting system malfunctioned; or (4) a deliberate act or series of actions occurred; that makes it impossible to determine which candidate received the highest number of votes cast, the commission shall order that a special election be conducted under IC 3-10-8. (d) The special election ordered under subsection (c) shall be held in the precincts identified in the petition in which the commission determines that: (1) ballots containing the printing mistake or distributed by mistake were cast; (2) a mistake occurred in the programming of an electronic voting system; (3) an electronic voting system malfunctioned; or (4) a deliberate act or series of actions occurred. As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.410; P.L.10-1988, SEC.174; P.L.10-1989, SEC.16; P.L.3-1997, SEC.372; P.L.14-2004, SEC.166; P.L.221-2005, SEC.130.