Title 3, TITLE 3. ELECTIONS
169 chapters · 2,794 sections in this title.
Ind. Code § 3-12-8-2 Grounds for contest
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Sec. 2. An election may be contested under section 1 of this chapter if a petitioner alleges that one (1) of the following circumstances existed: (1) The contestee was ineligible (other than a candidate in a primary election certified as deceased under IC 3-8-7-1). (2) A mistake …
Ind. Code § 3-12-8-2.5 Chapter establishes standards to define vote; exception
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Sec. 2.5. (a) This section does not apply to a contest concerning whether a contestee was ineligible as alleged under section 2(1) of this chapter. (b) This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what wi…
Ind. Code § 3-12-8-20 Disqualification of judge; certification; appointment of special
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judge Sec. 20. If a contest involves the nomination or election of the judge of the court in which the petition of contest is filed, and the regular judge of the court is a party to the case, then the regular judge is disqualified to act in any way in the case. The judge shall, w…
Ind. Code § 3-12-8-21 Vacation of office by person in possession
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Sec. 21. On demand of a person receiving a commission or certificate of election issued following the certification under section 18 of this chapter, a person in possession of the office in question shall vacate the office. If the person in possession fails to do so, the court ma…
Ind. Code § 3-12-8-22 Election contest; costs included
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Sec. 22. (a) The costs of a contest may include the following: (1) Compensation of additional employees required to conduct the contest, including overtime payments to regular employees who are eligible to receive such payments. (2) Postage and telephone charges directly related …
Ind. Code § 3-12-8-3 Repealed
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[Pre-1986 Recodification Citation: 3-1-28-3 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
Ind. Code § 3-12-8-4 Repealed
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[Pre-1986 Recodification Citation: 3-1-28-3 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
Ind. Code § 3-12-8-5 Contest of election or nomination; filing of verified petition;
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elections in different municipalities Sec. 5. (a) A candidate who desires to contest an election or a nomination under this chapter must file a verified petition with the circuit court clerk of the county that contains the greatest percentage of the population of the election dis…
Ind. Code § 3-12-8-5.5 Verified petition; filing fee; cause number
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Sec. 5.5. Upon the filing of a petition under section 5 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.365. Amended by P.…
Ind. Code § 3-12-8-6 Contest of election; content of verified petition
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Sec. 6. (a) A petition filed under section 5 of this chapter must state the following: (1) That the petitioner desires to contest the nomination or election to an office. (2) The name of each candidate as set forth on the ballot for the election and address of each candidate as s…
Ind. Code § 3-12-8-6.5 Amendment of verified petition
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Sec. 6.5. (a) Except as provided in subsection (b), the court in which a 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 to be amended following the de…
Ind. Code § 3-12-8-7 Repealed
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[Pre-1986 Recodification Citation: 3-1-28-4(a) part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238. IC 3-12-8-8 Notice of contest; service of notice Sec. 8. (a) Upon the filing of a petition for a contest, the circuit court clerk shall notify the circuit court …
Ind. Code § 3-12-8-9 Service of summons
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Sec. 9. The sheriff shall serve the notice required by section 8 of this chapter upon the contestee and all other persons named in the petition as candidates for nomination or election to the office in the same manner as a summons is served in a civil action. [Pre-1986 Recodifica…
Ind. Code § 3-13-8-1 Vacancy in office last held by person elected or selected as
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candidate of major political party Sec. 1. A vacancy in a city office (other than judge of a city court) that was last held by a person elected or selected as a candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11. [Pre-1986 Recodificatio…
Ind. Code § 3-13-8-1.5 Meeting held before vacancy exists; notice of meeting
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Sec. 1.5. A city clerk or city clerk-treasurer may give notice of a meeting under this chapter, and the meeting may be conducted under this chapter, before a vacancy in an office exists if the person holding the office has: (1) submitted a written resignation under IC 5-8-3.5; or…
Ind. Code § 3-13-8-10 Common council of third class city
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Sec. 10. (a) This section applies to a vacancy in the common council of a third class city not covered by section 1 of this chapter. (b) A vacancy shall be filled by the remaining members of the council at a regular or special meeting. The city executive may break any tie vote. (…
Ind. Code § 3-13-8-11 Vacating office by incumbent pending outcome of election
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contest Sec. 11. If, pending the outcome of an election contest, the incumbent vacates the office after the expiration of the incumbent's term, the vacancy shall be filled as are other vacancies under this chapter until the election is decided or the office is otherwise filled. T…
Ind. Code § 3-13-8-12 Bond, oath, rights, and duties of person filling vacancy
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Sec. 12. A person filling a vacancy under this chapter must give the same bond and take the same oath and has the same rights and duties as the official who vacated the office. [Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.] As added by P.L.5-1986, SEC.9.
Ind. Code § 3-13-8-13 Term of office
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Sec. 13. A person selected to fill a vacant office under this chapter holds the office for the remainder of the term, except as provided in section 4 of this chapter. [Pre-1986 Recodification Citation: 3-2-10-9.] As added by P.L.5-1986, SEC.9.
Ind. Code § 3-13-8-2 Office of judge of city court
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Sec. 2. (a) As used in this section, "judge" refers to a judge of a city court. (b) If a judge wishes 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 governor under IC 5-8-6.…
Ind. Code § 3-13-8-3 Office of mayor of first class city
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Sec. 3. (a) This section applies to a vacancy in the office of mayor of a first class city not covered by section 1 of this chapter. (b) The vacancy shall be filled by the city-county council at a regular or special meeting. The city clerk shall give notice of the meeting. Except…
Ind. Code § 3-13-8-4 City-county council of first class city
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Sec. 4. (a) This section applies to a vacancy in the city-county council of a first class city not covered by section 1 of this chapter. (b) A vacancy shall be filled by a majority of the remaining members of the council at a regular or special meeting. The city clerk shall give …
Ind. Code § 3-13-8-5 Office of mayor of second class city
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Sec. 5. (a) This section applies to a vacancy in the office of mayor of a second class city not covered by section 1 of this chapter. (b) A vacancy shall be filled as follows: (1) If the city has a deputy mayor, the deputy mayor assumes the office for the remainder of the unexpir…
Ind. Code § 3-13-8-6 Office of city clerk of second class city
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Sec. 6. (a) This section applies to a vacancy in the office of city clerk of a second class city not covered by section 1 of this chapter. (b) A vacancy shall be filled by the mayor or acting mayor, subject to the approval of the common council. However, if a vacancy exists becau…
Ind. Code § 3-13-8-7 Common council of second class city
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Sec. 7. (a) This section applies to a vacancy in the common council of a second class city not covered by section 1 of this chapter. (b) A vacancy shall be filled by the remaining members of the council at a regular or special meeting. The city clerk shall give notice of the meet…
Ind. Code § 3-13-8-9 Office of city clerk-treasurer of third class city
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Sec. 9. (a) This section applies to a vacancy in the office of city clerk-treasurer of a third class city not covered by section 1 of this chapter. (b) The vacancy shall be filled by the mayor or acting mayor, subject to the approval of the common council. However, if a vacancy e…
Ind. Code § 3-11.5-8-1 Initial determination whether absentee ballot must be rejected;
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voiding rejected absentee ballot on electronic voting system Sec. 1. (a) The county election board shall make an initial determination concerning whether any absentee ballot cast on an electronic voting system must be rejected for any grounds under IC 3-11.5-4-13. (b) If the coun…
Ind. Code § 3-11.5-8-2 Processing of remaining ballots; precinct printouts
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Sec. 2. After making an initial determination under section 1 of this chapter, the county election board shall process the remaining absentee ballots by producing a printout for each precinct in which an absentee ballot cast on an electronic voting system has been cast. As added …
Ind. Code § 3-11.5-8-3 Tabulation of valid absentee ballots
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Sec. 3. After making an initial determination under section 1 of this chapter and processing the ballots under section 2 of this chapter, the county election board shall tabulate the valid absentee ballots cast on the electronic voting system. As added by P.L.157-2019, SEC.35. Am…