Title 3, TITLE 3. ELECTIONS

[Pre-1986 Recodification Citation: 3-2-8-2.] As added by P.L.5-1986, SEC.6. Amended by P.L.2-1996, SEC.121. Repealed by P.L.219-2013, SEC.26.

Sec. 11. If a precinct is wholly or partly in a municipality, the executive of the county that contains the greatest percentage of the population of the municipality may designate the polls for the precinct to be at the polls for an adjoining precinct, using the precinct election…

parties Sec. 12. (a) This section applies to a political party: (1) not qualified to conduct a primary election under IC 3-10; and (2) not required to nominate candidates by a petition of nomination under IC 3-8-6. (b) The political party may conduct a convention to nominate cand…

Sec. 12.5. (a) This section applies to a candidate: (1) of a political party that is not a major political party; and (2) nominated by a convention under section 12 of this chapter. (b) A county election board may not include the name of a candidate on the municipal election ball…

to nominate candidates Sec. 2. (a) Except as otherwise provided in this chapter, a municipal primary election shall be held on the first Tuesday after the first Monday in May 2023, 2027, 2031, 2035, 2039, 2043, and every four (4) years thereafter. (b) Each political party whose n…

body Sec. 2.5. (a) This section does not apply to a town located wholly or partially within a county having a consolidated city unless the town has a population of more than one thousand (1,000) and less than one thousand four hundred (1,400). (b) This section applies to a town t…

term; ordinance Sec. 2.6. (a) This section does not apply to a town located wholly or partially within a county having a consolidated city. (b) This section applies to a town that has adopted an ordinance: (1) under IC 18-3-1-16(b) (before its repeal on September 1, 1981); or (2)…

Sec. 3. (a) Notwithstanding section 2 of this chapter, in a town that adopted an ordinance under IC 18-3-1-16(b) (before its repeal on September 1, 1981), P.L.13-1982, SECTION 3 (before its expiration on January 1, 1988), or section 2.5 of this chapter each political party shall,…

Sec. 4. (a) Except as otherwise provided in this section, all candidates for nomination to an office of the municipality by a major political party must be placed on a primary election ballot for the candidate's party. (b) If no candidate has filed for the nomination of a party t…

IC 36-5-2-4.5 Sec. 4.5. (a) Notwithstanding section 2 of this chapter, this section applies to a town with a legislative body that adopts an ordinance under IC 36-5-2-4.5. (b) Unless a primary election is not required under section 4 of this chapter, a primary election shall be h…

Sec. 5. Except as otherwise provided in this chapter, a municipal election shall be held on the first Tuesday after the first Monday in November 2023, 2027, 2031, 2035, 2039, 2043, and every four (4) years thereafter. At the election, public officials shall be elected to each mun…

[Pre-1986 Recodification Citations: 3-2-7-1(a) part; 3-2-7-1.5.] As added by P.L.5-1986, SEC.6. Repealed by P.L.4-1991, SEC.147.

exception by resolution Sec. 7.5. (a) This section applies to a municipal office elected during a municipal or general election. (b) Except as provided in subsection (c) or (d), if there is an election for any office of the municipality, all nominees for each office must be on th…

Sec. 7.6. An election may not be held for a municipal office if: (1) an election is not required under section 7.5 of this chapter; and (2) the approval or rejection of a public question is the only other vote that may be cast on the ballot at the municipal election. As added by …

Sec. 8. Except as otherwise provided in this chapter, the county election board, county executive, circuit court clerk, voters, and members of political parties in each county in which a municipal primary election or municipal election will be held have the rights and shall perfo…

[Pre-1986 Recodification Citation: 3-2-8-1.] As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.87; P.L.13-1988, SEC.7. Repealed by P.L.219-2013, SEC.25.

Sec. 1. The legislative body of a county may establish a cumulative fund under IC 6-1.1-41 to provide funds for the purchase of ballot card voting systems, electronic voting systems, or electronic poll books. [Pre-1986 Recodification Citation: 3-2-6-1.] As added by P.L.5-1986, SE…

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

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

[Pre-1986 Recodification Citation: 3-2-6-3 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.232. Repealed by P.L.17-1995, SEC.45.

Sec. 13. The tax collected under section 9 of this chapter shall be held in a cumulative fund to be known as the voting system purchase fund. [Pre-1986 Recodification Citation: 3-2-6-3 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.233; P.L.17-1995, SEC.3.

[Pre-1986 Recodification Citation: 3-2-6-3 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.234. Repealed by P.L.17-1995, SEC.45.

[Pre-1986 Recodification Citation: 3-2-6-2(a).] 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(b).] 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. 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…