Title 3, TITLE 3. ELECTIONS

[Pre-1986 Recodification Citation: 3-2-6-2(c) part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

[Pre-1986 Recodification Citation: 3-2-6-2(c) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.106. Repealed by P.L.17-1995, SEC.45.

[Pre-1986 Recodification Citation: 3-2-6-2(d) part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

[Pre-1986 Recodification Citation: 3-2-6-2(d) part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

[Pre-1986 Recodification Citation: 3-2-6-2(e).] As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

Sec. 9. To provide for a cumulative fund, a county may levy a tax in compliance with IC 6-1.1-41 on all taxable property within the county. The tax may not exceed one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of assessed valuation. [Pre-1986 Re…

Sec. 1. (a) Any candidate for nomination or election to a local or school board office is entitled to have the votes cast for that office recounted under this chapter. (b) If a candidate who is entitled to have the votes recounted under this chapter does not file a petition withi…

Sec. 1.2. 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. 1.5. A candidate for election to precinct committeeman or state convention delegate is entitled to have the votes cast for that office recounted under this chapter. The political party of the candidate, in accordance with any applicable party rules, determines the winner of …

Sec. 10.5. When a cash deposit is furnished under section 10 of this chapter, the circuit court clerk shall deposit the cash in the county general fund. As added by P.L.3-1997, SEC.358.

Sec. 11. If a cross-petition is filed, each petitioner and cross-petitioner shall either furnish a cash deposit or file a bond with corporate surety to the approval of the court for the payment of each party's proportionate share of the cost of the recount. If a cross-petition is…

Sec. 12. (a) This section does not apply to a petitioner or a cross-petitioner who is determined to have been nominated or elected after the recount. (b) If a cash deposit was not made as required by section 10 or 11 of this chapter, the petitioners shall pay to the circuit court…

[Pre-1986 Recodification Citation: 3-1-27-3 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.

As added by P.L.3-1987, SEC.373. Repealed by P.L.10-1988, SEC.238.

conditions Sec. 14. The court shall grant the petitions and cross-petitions that have been filed and order the recount of the votes in the precincts by appointing a recount commission upon: (1) the filing of a petition and bond under this chapter; (2) the expiration of the period…

Sec. 15. If there is a consolidation of petitions and cross-petitions, the court shall by consolidated order grant the consolidated petitions and cross-petitions and order a consolidated recount of all votes in all precincts in the counties requested in the petitions and cross-pe…

Sec. 16. (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. 17. 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. [Pr…

county general fund Sec. 17.5. (a) If the amount of the cash deposit or bond available under section 10 of this chapter is not adequate to pay the compensation of the recount commission under section 17 of this chapter, a member of the recount commission is entitled to compensati…

Sec. 18. 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 each candidate named in the petition at the address stated in the petition. The clerk shall charge the cost of m…

commission orders; copying election materials Sec. 19. (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. …

Sec. 19.5. A circuit court clerk or board of registration may use a copy made under section 19 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.3-1987, SEC.378.

Sec. 2. (a) A candidate who desires a recount of votes must file a verified petition no later than noon fourteen (14) days after election day. (b) A county chairman who is entitled to and desires a recount of votes must file a verified petition not later than noon seventeen (17) …

Sec. 2.5. Upon the filing of a petition under section 2 of this chapter, the circuit court clerk shall: (1) require payment of the filing fee under IC 33-37; and (2) assign the petition a cause number as a miscellaneous civil action. As added by P.L.3-1997, SEC.357. Amended by P.…

commission Sec. 20. A court acting under section 19 of this chapter shall make the ballots, electronic voting systems, tally sheets, and poll lists available to the recount commission appointed under this chapter. [Pre-1986 Recodification Citation: 3-1-27-13 part.] As added by P.…

representatives; news media; powers and duties of state recount commission Sec. 21. (a) After a recount is ordered under section 14 of this chapter, the recount commission shall convene at a place fixed by order of the court. (b) Whenever a motion to dismiss a petition or cross-p…

tabulation of votes Sec. 21.5. (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, the recount commission…

Sec. 21.7. (a) Unless the recount commission makes a finding under subsection (b), the recount commission shall: (1) count ballots in accordance with this article; and (2) not order that all ballots in a precinct not be counted. (b) If: (1) a party to the recount presents evidenc…

Sec. 21.9. (a) Except as provided in subsection (c), a recount for nomination to an office conducted under this chapter shall be completed not later than the final Friday in June following the primary. (b) Except as provided in subsection (c), a recount for election to an office …

Sec. 22. (a) When a recount is completed by a commission appointed under this chapter, 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 ce…

recount decision; appeal Sec. 22.5. (a) After the commission files its certificate under section 22 of this chapter, the court that appointed the commission shall issue an order that does the following: (1) Acknowledges the filing of the certificate. (2) Discharges the commission…

Sec. 23. A recount certificate made under section 22 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 for nomination or election to the office in t…

[Pre-1986 Recodification Citation: 3-1-27-14 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.

[Pre-1986 Recodification Citation: 3-1-27-14 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.

[Pre-1986 Recodification Citation: 3-1-27-14 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.

recount certificate and county election board tabulation; correction of certificate Sec. 27. If a recount is made under this chapter for nomination or election to an office for which votes were cast in more than one (1) county, each circuit court clerk where the recount was made …

Sec. 28. (a) A circuit court clerk shall immediately transmit a certificate prepared under section 27 of this chapter showing the votes cast for nomination or election to an office to the election division if the recount concerned an office for which a declaration of candidacy mu…

Sec. 29. Upon receipt of a circuit court clerk's certificate under section 28 of this chapter, the election division shall tabulate the vote from the county for the office in accordance with the certificate. If the election division previously included in a tabulation the votes c…

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

votes shown by recount certificate and votes tabulated by county board; certificate of corrected vote total Sec. 30. If a recount is made under this chapter for nomination or election to an office for which votes were cast only in a single county, the circuit court clerk shall de…

certificate showing corrected vote total Sec. 31. (a) The circuit court clerk shall transmit the certificate prepared under section 30 of this chapter to the election division, the county election board or other public official authorized by this title to issue: (1) a certificate…

Sec. 33. On the demand of a person receiving a commission or certificate of election issued upon the filing of the certificate of a recount commission, a person in possession of the office in question shall vacate and deliver the office. If the person in possession refuses to do …

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 no later than noon twenty-one (21) days after election day. If a petition for a recount is filed for an office for whic…

Sec. 5. The failure to file either a cross-petition or an answer to a petition for a recount 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. [Pre-1986 Recodification Citation: 3-1-27-3 par…

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 within the county in which the cross-petitioner desires a recount. (3) That the cross-petitioner was a ca…

Sec. 7. (a) Except as provided in subsection (b), the court in which a petition or cross-petition is filed may allow the petition or cross-petition to be amended at any time upon the terms and conditions that the court orders. (b) The court may not allow a petition or cross-petit…

transfer Sec. 8. (a) Two (2) or more candidates for nomination or election to the same or a different office at the same election may join in a petition for a recount. (b) Except as provided in subsection (d), if more than one (1) petition for a recount is filed in a county no la…

of each candidate named in petition; service of notice; return of service Sec. 9. (a) Upon the filing of a petition for a recount, the circuit court clerk shall notify the judge. The judge shall: (1) issue a notice of the filing and pendency of the petition to: (A) each candidate…

assuming jurisdiction Sec. 9.5. If a recount involves the nomination or election of the judge of the court that assumes jurisdiction over the recount and the regular judge of the court is a party to the proceeding, then the regular judge is disqualified to act in any way in the p…

Sec. 1. (a) As used in this section, "judge" refers to a judge of a circuit, superior, or probate court. (b) If a judge wants to resign from office, the judge must resign as provided in IC 5-8-3.5. (c) A vacancy that occurs because of the death of a judge may be certified to the …