Title 3, TITLE 3. ELECTIONS

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 Repealed by P.L.7-1986, SEC.20.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 Repealed by P.L.7-1986, SEC.20.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 Repealed by P.L.7-1986, SEC.20.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 …

Sec. 2. (a) A vacancy that occurs, other than by resignation, in the office of prosecuting attorney shall be certified to the governor by the circuit court clerk of the county in which the prosecuting attorney resided. (b) A vacancy in the office of prosecuting attorney that was …

Sec. 3. (a) A vacancy in the office of clerk of the circuit 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. (b) A vacancy that occurs in the office of clerk of the circui…

As added by P.L.13-1992, SEC.4. Amended by P.L.12-1995, SEC.93; P.L.8-1995, SEC.66; P.L.2-1996, SEC.210; P.L.3-1997, SEC.411; P.L.209-2003, SEC.194. Repealed by P.L.164-2006, SEC.143.

manner; second or subsequent offense Sec. 1.1. (a) A person who grants a request for voter registration information under IC 3-7-26.3 or IC 3-7-27 with knowledge that the information will be used in a manner prohibited by IC 3-7-26.3 or IC 3-7-27 commits a Class B infraction. (b)…

infraction; misdemeanor Sec. 2. (a) This section does not apply to: (1) political activities; or (2) political fundraising activities. (b) A person who uses voter registration information obtained under IC 3-7-26.3 or IC 3-7-27 to solicit the sale of merchandise, goods, services,…

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.204; P.L.3-1997, SEC.337. Repealed by P.L.278-2019, SEC.128.

Sec. 10. If necessary, a true duplicate copy shall be made of the damaged ballot card in the presence of witnesses and substituted for the damaged card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 11. A duplicate ballot card shall be made of a defective card, not including the uncounted votes. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. IC 3-11.5-6-12 Duplicate cards; identification information Sec. 12. All duplicate cards must: (1) be clearly labeled "dup…

Sec. 13. Each duplicate ballot card shall be counted instead of the damaged or defective card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

question; manual tabulation Sec. 14. If a test of automatic tabulating machines required by IC 3-11-13-22 is not conducted for a particular office or public question, the absentee ballot votes for that office shall be counted manually. As added by P.L.3-1993, SEC.176 and P.L.19-1…

Sec. 15. If for any reason the county election board determines that it is impracticable to count all or some of the absentee ballots under this chapter with an automatic tabulating machine, the board may direct that the ballot cards be counted manually. As added by P.L.3-1993, S…

Sec. 16. If ballot cards are counted manually, the tabulation of votes must comply with the standards prescribed by IC 3-11-7. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 17. IC 3-11.5-5-14 applies to the counting of write-in absentee ballots for a federal office cast on a ballot card received under 52 U.S.C. 20301. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.128-2015, SEC.200.

Sec. 18. When all the votes have been counted, the absentee ballot counters shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question. As added by P.L.3-1993, SEC.176 and P.L.19-1993, …

memorandum Sec. 19. The number of votes that each candidate and each public question received shall be written in words and numbers. The absentee ballot counters shall prepare a memorandum of the total votes cast for each candidate and on each public question and ensure that each…

Sec. 2. This chapter applies to the counting of absentee ballots cast on ballot cards. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 20. The absentee ballot counters shall deliver the certificates prepared under section 18 of this chapter and the return printed by the automatic tabulating machine to the county election board immediately upon the tabulation of the vote in each precinct. As added by P.L.3-1…

having a consolidated city Sec. 21. (a) As soon as the ballots have been counted, the absentee ballot counters shall, in the presence of the county election board, do the following: (1) Place in a strong paper envelope or bag the following: (A) All ballots, voted and not voted, t…

Sec. 22. Upon delivery of the envelope or bag to the circuit court clerk, each absentee ballot counter shall take and subscribe an oath before the clerk stating that the counter: (1) securely kept the ballots and papers in the envelope or bag; (2) did not permit any person to ope…

Sec. 23. The circuit court clerk shall file the oath taken under section 22 of this chapter with the clerk's other election documents. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 24. The circuit court clerk shall place the envelope or bag in a receptacle provided by the county executive with two (2) different locks. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 25. The circuit court clerk shall do the following: (1) Lock the receptacle provided under section 24 of this chapter. (2) Retain one (1) key to one (1) lock of the receptacle. (3) Give one (1) key to the other lock of the receptacle to the member of the county election boar…

Sec. 26. The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.146; P.L.193-2021, SEC.73.

elections Sec. 27. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a…

Sec. 28. When permitted under IC 3-10-1-31.1, the clerk and a county election board member of the opposite political party shall remove the envelope or bag from the receptacle and destroy the envelope or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.…

Sec. 29. A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that: (1) the ballots will be used by the state educational institution to conduct election research; and (2) the state educational institution …