Title 3, ELECTIONS

Sec. 3.5. The written affirmation described in section 3.4 of this chapter must include the person's voter identification number to permit transfer of the registration under IC 3-7-13-13. As added by P.L.209-2003, SEC.104. Amended by P.L.230-2005, SEC.48; P.L.164-2006, SEC.80.

Sec. 4. (a) The written affirmation described in section 3.4 of this chapter may be executed as follows: (1) At the county voter registration office for the county of the precinct of the person's former residence, not later than 4 p.m. on the day before the election. (2) Before t…

Sec. 5. If a voter makes an oral or a written affirmation under this chapter and is then challenged under IC 3-10-1 or IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot. The…

Sec. 1. (a) Any voter who satisfies both of the following is entitled to have the votes cast on a public question on the ballot in that election district recounted under this chapter: (1) The voter is a voter in the election district where the public question was on the ballot at…

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. 1.7. As used in this chapter, "petitioner" refers to the individual voter whose name is listed first on the petition filed under section 2 of this chapter. As added by P.L.76-2014, SEC.57.

Sec. 10. If there is a consolidation of petitions, the court shall by consolidated order grant the consolidated petitions and order a consolidated recount of all votes on the public question in all precincts in the counties requested in the petitions. As added by P.L.10-1988, SEC…

Sec. 11. (a) A recount commission consists of three (3) persons. (b) Two (2) members of the commission must be voters who: (1) are members of different major political parties of the state; and (2) were qualified to vote at the election in a county in which the election district …

Sec. 12. Each member of a recount commission is entitled to a per diem not to exceed one hundred dollars ($100) for each day actually engaged in making the recount. The judge of the court having jurisdiction over the recount shall fix the compensation paid under this section. As …

Sec. 13. On the day when the order of a recount is made and entered by the court, the circuit court clerk shall send a certified copy of the order by certified mail to the petitioner at the address stated in the petition. The clerk shall charge the cost of mailing the order to ea…

Sec. 14. (a) A court ordering a recount under this chapter shall by order impound and provide for the protection of the following: (1) All ballots and electronic voting systems used at the election for casting votes in the precincts. (2) All tally sheets relating to the votes cas…

Sec. 15. A circuit court clerk or board of registration may use a copy made under section 14 of this chapter instead of an original subject to an impoundment order under that section until the court orders the release of the original. As added by P.L.10-1988, SEC.181.

Sec. 16. A court acting under section 14 of this chapter shall make the ballots, electronic voting systems, tally sheets, and poll lists available to the recount commission appointed under this chapter. As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005, SEC.133.

Sec. 17. (a) After a recount is ordered under section 9 of this chapter, the recount commission shall convene at a place fixed by order of the court and expeditiously complete the recount of all votes ordered recounted. (b) The petitioner may designate a watcher to be present at …

Sec. 18. (a) A 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 includes such a request, the recount commission may not use automatic tabulating machines to count ballot…

Sec. 19. When a recount is completed by a recount commission appointed under this chapter, the commission shall: (1) make and sign a certificate showing the total number of votes received in the precincts on the public question; (2) state in its certificate whether affirmative or…

Sec. 2. A voter who desires a recount under this chapter must file a verified petition no later than noon fourteen (14) days after election day. The petition must be filed: (1) in the circuit court, superior court, or probate court of each county in which is located a precinct in…

Sec. 20. A recount certificate made under section 19 of this chapter supersedes all previous returns made in any form of the recounted votes. A certified copy of a recount certificate constitutes prima facie evidence of the votes cast on the public question in the precincts in an…

Sec. 21. The determination of a recount commission under section 19 of this chapter is final, although an appeal may be taken to the circuit court, superior court, or probate court that appointed the commission. As added by P.L.10-1988, SEC.181. Amended by P.L.84-2016, SEC.16.

Sec. 22. (a) This section does not apply to a recount conducted by the state recount commission under section 23 of this chapter. (b) If a recount is made for a public question for which votes were cast in more than one (1) county, each circuit court clerk where the recount was m…

Sec. 23. (a) This section applies to a recount of: (1) a public question concerning the ratification of a state constitutional amendment or the retention of a justice of the Indiana supreme court, a judge of the Indiana court of appeals, or the judge of the Indiana tax court; or …

Sec. 25. If a recount is made for a public question on which votes were cast only in a single county, the circuit court clerk shall determine whether the votes shown by the recount certificate differ from the votes that were tabulated by the county election board. If the circuit …

Sec. 26. (a) This section applies to a recount of votes cast on a local public question. (b) The circuit court clerk shall transmit the certificate prepared under section 22 or 25 of this chapter to the county election board of the county having the greatest percentage of populat…

Sec. 3. Each petition filed under section 2 of this chapter must state the following: (1) The public question for which the petitioner desires a recount. (2) The precincts within the county in which the petitioner desires a recount. (3) That the petitioner voted on the public que…

Sec. 4. The petition filed under section 2 of this chapter must also be signed by a number of voters within the election district equal to at least ten percent (10%) of the voters who cast ballots on the public question in the election. As added by P.L.10-1988, SEC.181. Amended b…

Sec. 5. (a) Each petition filed under section 2 of this chapter must be accompanied by a cash deposit, or a bond with corporate surety to the approval of the court, if the recount is to be conducted by a county recount commission, for the payment of all costs of the recount charg…

Sec. 6. (a) This section does not apply to a petitioner if it is determined that the result of the public question is other than what was shown on the face of the election returns. (b) If a cash deposit was not made as required by section 5 of this chapter, the petitioner shall p…

Sec. 7. If more than one (1) petition is filed under section 2 of this chapter in one (1) county requesting a recount of votes cast on a public question in a precinct in that county, the petitions shall be consolidated under the first petition filed. As added by P.L.10-1988, SEC.…

Sec. 8. If petitions are filed under section 2 of this chapter in more than one (1) county, the circuit court, superior court, or probate court of the county casting, on the face of the election returns, the highest number of votes on the public question shall assume jurisdiction…

Sec. 9. Upon the filing of a petition and bond under this chapter, the court shall grant the petitions that have been filed and order the recount of votes in the precincts by appointing a recount commission. As added by P.L.10-1988, SEC.181.