Title 3, ELECTIONS

Sec. 4. Upon receipt of the ballots and pen under section 3 of this chapter, the poll clerks or assistant poll clerks immediately shall place their initials in ink on the back of each ballot. The initials must be in the clerks' ordinary handwriting or printing and without a disti…

Sec. 5. Following the resolution of any challenge to a voter, as each successive voter calls for a ballot, the poll clerks or assistant poll clerks shall deliver to the voter the first initialed ballot. The inspector shall then deliver to the clerks another ballot, which the cler…

Sec. 6. (a) After a voter has signed the poll list, one (1) of the poll clerks or assistant poll clerks shall deliver to the voter one (1) of each ballot that the voter is entitled to vote at the election and one (1) pencil or pen. Both judges, on request, shall give an explanati…

Sec. 7. (a) This section is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what constitutes a vote on a paper ballot. (b) After receiving ballots under section 6 of this chapter, a voter shall, without leaving the room, go…

Sec. 8. (a) Only one (1) voter may occupy a booth or compartment at one time. Booths shall be constructed and arranged so that all members of the precinct election board can see whether more than one (1) voter enters a booth at any one time. However, a voter who is a parent, gran…

Sec. 9. (a) A voter shall mark all ballots while screened from observation. The exterior of a voting booth or compartment and each area of the polls must be in plain view of the precinct election board. Each voting booth or compartment shall be placed so that a person voting on t…

Sec. 1. (a) Except as provided in subsection (d), any candidate: (1) in a presidential primary election; (2) for nomination to a federal, state, or legislative office in a primary election; or (3) for a federal, state, or legislative office; is entitled to have the votes cast for…

Sec. 1.5. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on a paper ballot, an optical scan voting system, or an electronic voting system in a recount conducted under this cha…

Sec. 10. (a) Each petitioner shall furnish a cash deposit for the payment of costs of the recount chargeable to the petitioner. The minimum amount of the cash deposit is one hundred dollars ($100). The cash deposit shall be deposited in the state recount fund. (b) This subsection…

Sec. 11. (a) This section applies if a cross-petition is filed under this chapter. (b) This subsection applies only to a recount of an election for nomination or election to either of the following: (1) A legislative office in which, on the face of the election returns, the diffe…

Sec. 12. (a) Except as provided in subsection (d) or (e), the state recount commission shall accept the petitions and cross-petitions that have been filed and order the recount of the votes in the precincts upon: (1) the filing of a petition and cash deposit or bond under this ch…

Sec. 13. If there is a consolidation of petitions and cross-petitions for a recount, the state recount commission shall by consolidated order grant the consolidated petitions and cross-petitions and order a consolidated recount of all votes in each precinct in the election distri…

Sec. 14. The state recount commission shall conduct a recount in each precinct designated in a petition or cross-petition granted under this chapter that is in the election district for the office. The commission may conduct a recount in any precinct that cast votes for an office…

Sec. 16. (a) Except as provided in subsection (b), the state recount commission may by order impound and provide for the protection of any election records or equipment described by IC 3-12-10-5(a). (b) In a recount of an election for a legislative office, the state recount commi…

Sec. 17. (a) After a recount is ordered under section 12 of this chapter, the state recount commission or its designee shall convene at a place fixed by order of the state recount commission and expeditiously complete the recount of all votes ordered recounted. Each candidate aff…

Sec. 17.5. (a) A petition or cross-petition filed under this chapter may request that ballot cards in specified precincts that used a ballot card voting system be counted manually. If a petition or cross-petition includes such a request, automatic tabulating machines may not be u…

Sec. 17.7. (a) This section applies to ballots cast by any voting method. (b) Unless the state recount commission makes a finding under subsection (c), the commission shall: (1) count ballots in accordance with this article; and (2) not order that all ballots in a precinct not be…

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…

Sec. 19. Except in recount proceedings for an election to the offices of governor and lieutenant governor and legislative offices, a recount certificate made under section 18 of this chapter supersedes all previous returns made in any form of the recounted votes. A certified copy…

Sec. 19.5. As required under 3 U.S.C. 5, any recount or contest proceeding concerning the election of presidential electors must be concluded not later than six (6) days before the time fixed by federal law for the meeting of the presidential electors. As added by P.L.3-1997, SEC…

Sec. 2. (a) A candidate who desires: (1) a recount of votes cast for a nomination or election subject to this chapter; or (2) to contest a nomination subject to this chapter or the election of a state office other than governor or lieutenant governor; must file a verified petitio…

Sec. 20. (a) On the day following the completion of a recount for the election to the offices of governor and lieutenant governor, the election division shall prepare two (2) certified statements for the secretary of state under the secretary of state's seal showing the total num…

Sec. 21. (a) Except as provided in subsection (b), a recount or contest for election to a legislative office shall be completed by the state recount commission not later than December 20 after the election. (b) The state recount commission may adopt orders extending the deadline …

Sec. 22. A statement prepared under section 20 or 21 of this chapter does not determine the eligibility of a candidate for office but is prepared only for the purpose of referring the information to the proper authorities. As added by P.L.7-1986, SEC.19. Amended by P.L.3-1997, SE…

Sec. 23. (a) If a recount is made: (1) in a presidential primary election; (2) for nomination to a federal, state, or legislative office in a primary election; (3) in an election to a federal office; or (4) in an election to a state office other than governor and lieutenant gover…

Sec. 24. The candidate shown by a corrected vote tabulation under section 23 of this chapter to have received the highest number of votes for nomination or election to an office is entitled to a certificate of nomination, certificate of election, or commission for the office even…

Sec. 25. (a) Except as provided in subsection (b), whenever the commission makes a final determination under section 18 of this chapter that the candidate who is subject to a contest proceeding is not eligible to serve in the office to which the candidate is nominated or elected,…

Sec. 3. (a) Each petition for a recount filed under section 2 of this chapter must state the following: (1) The office for which the petitioner desires a recount. (2) The precincts in which the petitioner desires a recount. (3) That the individual is entitled to a recount under t…

Sec. 4. A candidate who is nominated or elected to an office at an election on the face of the election returns may file a verified cross-petition for a recount with the election division not later than noon twenty-one (21) days after election day. As added by P.L.7-1986, SEC.19.…

Sec. 5. The failure to file either a cross-petition or an answer to a petition for a recount or contest does not: (1) constitute an admission of the truth of the allegations of the petition; or (2) imply a presumption in favor of the petition. As added by P.L.7-1986, SEC.19. Amen…

Sec. 6. Each cross-petition filed under section 4 of this chapter must state the following: (1) The office for which the cross-petitioner desires a recount. (2) The precincts in which the cross-petitioner desires a recount. (3) That the cross-petitioner was a candidate at the ele…

Sec. 7. (a) Except as provided in subsection (b) or (c), the state recount commission may allow a petition or cross-petition to be amended at any time upon the terms and conditions that the state recount commission orders. (b) The commission may not allow a petition or cross-peti…

Sec. 8. Two (2) or more candidates for the same or a different office nominated or elected at the same election may join in a petition for a recount or contest. As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.172.

Sec. 9. (a) Upon the filing of a petition for a recount or contest with the election division, the state recount commission shall issue a notice of the filing and pendency of the petition to each opposing candidate and deliver the notice to the state police department. (b) This s…

Sec. 1. The caucus procedure prescribed by this chapter for filling vacancies in local offices or school board offices must be followed whenever required by IC 3-13-6-2, IC 3-13-6-3(a), IC 3-13-7-1, IC 3-13-8-1, IC 3-13-9-1, IC 3-13-10-1, or IC 20-23-4-30. Selections made under t…

Sec. 10. (a) Except as provided in subsection (c), the members of a caucus held under this chapter shall select, by a majority vote of those casting a vote for a candidate, a person to fill the vacancy described in the written notice of the caucus. (b) If more than one (1) person…

Sec. 11. (a) No later than noon five (5) days after: (1) the selection required by section 10 of this chapter; or (2) a selection under section 5(c) of this chapter; the chairman shall certify the pro tempore appointment results to the circuit court clerk of the county in which t…

Sec. 12. (a) This section does not apply to the office of a judge or a member of a fiscal or legislative body. (b) Subject to sections 13 through 17 of this chapter, the chief deputy employee of the office that is vacant assumes the duties of that office for the period of time be…

Sec. 13. (a) This section does not apply to the office of a judge. (b) In accordance with section 12 of this chapter, if a chief deputy employee does not exist in a circuit or county office, or the chief deputy employee declines or is ineligible to serve, the board of county comm…

Sec. 14. In accordance with section 12 of this chapter, if the position of deputy mayor is not established by ordinance in a first class or second class city, the city controller assumes the duties of mayor until the office is filled under this chapter. [Pre-1986 Recodification C…

mayor if position of deputy mayor not established in third class city Sec. 15. In accordance with section 12 of this chapter, if the position of deputy mayor is not established by ordinance in a third class city, the president pro tempore of the common council assumes the duties …

Sec. 16. In accordance with section 12 of this chapter, if a chief deputy employee does not exist in the office of clerk or clerk-treasurer of a city or town, or the chief deputy employee declines or is ineligible to serve, the mayor of the city or the president of the town counc…

Sec. 17. (a) This section does not apply to the office of a judge or a township board member. (b) In accordance with section 12 of this chapter, if a chief deputy employee does not exist in a township office or the chief deputy employee declines or is ineligible to serve, the cha…

Sec. 18. A person who assumes the duties of a vacant office under this chapter has all of the office's rights and duties. Except as provided in IC 3-13-6, the person serves for the remainder of the unexpired term. [Pre-1986 Recodification Citation: 3-2-9-11(c).] As added by P.L.5…

Sec. 19. The person who last held a vacated office may not be a candidate for pro tempore appointment to fill a vacancy in that office under this chapter for the remainder of the term. As added by P.L.8-1986, SEC.11.

Sec. 20. Except as expressly provided in this article, if a person: (1) is authorized to fill a vacancy in office or to determine which incumbent continues to hold an office under IC 3-13-9-5.6 or IC 3-13-10-6.5; and (2) fails to fill the vacancy or determine which incumbent cont…