Title 3, TITLE 3. ELECTIONS
169 chapters · 2,794 sections in this title.
Ind. Code § 3-11-11-6 Delivery of ballots and writing instrument to voter;
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explanations Sec. 6. (a) After a voter has signed the poll list, one (1) of the poll clerks or assistant poll clerks shall deliver to the voter one (1) of each ballot that the voter is entitled to vote at the election and one (1) pencil or pen. Both judges, on request, shall give…
Ind. Code § 3-11-11-7 Standards to define a vote; voting procedure; marking;
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write-in votes Sec. 7. (a) This section is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what constitutes a vote on a paper ballot. (b) After receiving ballots under section 6 of this chapter, a voter shall, without leavi…
Ind. Code § 3-11-11-8 One voter in booth; additional instruction to voter in booth
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Sec. 8. (a) Only one (1) voter may occupy a booth or compartment at one time. Booths shall be constructed and arranged so that all members of the precinct election board can see whether more than one (1) voter enters a booth at any one time. However, a voter who is a parent, gran…
Ind. Code § 3-11-11-9 Voting to be private; rights of voter in casting vote
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Sec. 9. (a) A voter shall mark all ballots while screened from observation. The exterior of a voting booth or compartment and each area of the polls must be in plain view of the precinct election board. Each voting booth or compartment shall be placed so that a person voting on t…
Ind. Code § 3-12-11-1 Right to recount of vote or to contest nomination or election of
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a candidate Sec. 1. (a) Except as provided in subsection (d), any candidate: (1) in a presidential primary election; (2) for nomination to a federal, state, or legislative office in a primary election; or (3) for a federal, state, or legislative office; is entitled to have the vo…
Ind. Code § 3-12-11-1.5 Chapter establishes standards to define vote in recount
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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…
Ind. Code § 3-12-11-10 Cash deposit for payment of costs by petitioner; appointment
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of commission member proxy Sec. 10. (a) Each petitioner shall furnish a cash deposit for the payment of costs of the recount chargeable to the petitioner. The minimum amount of the cash deposit is one hundred dollars ($100). The cash deposit shall be deposited in the state recoun…
Ind. Code § 3-12-11-11 Cash deposit by cross-petitioner
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Sec. 11. (a) This section applies if a cross-petition is filed under this chapter. (b) This subsection applies only to a recount of an election for nomination or election to either of the following: (1) A legislative office in which, on the face of the election returns, the diffe…
Ind. Code § 3-12-11-12 Conditions for accepting petitions and cross-petitions and
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ordering recounts; dismissal of petitions; notice Sec. 12. (a) Except as provided in subsection (d) or (e), the state recount commission shall accept the petitions and cross-petitions that have been filed and order the recount of the votes in the precincts upon: (1) the filing of…
Ind. Code § 3-12-11-13 Consolidated recount
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Sec. 13. If there is a consolidation of petitions and cross-petitions for a recount, the state recount commission shall by consolidated order grant the consolidated petitions and cross-petitions and order a consolidated recount of all votes in each precinct in the election distri…
Ind. Code § 3-12-11-14 Precincts eligible for recount
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Sec. 14. The state recount commission shall conduct a recount in each precinct designated in a petition or cross-petition granted under this chapter that is in the election district for the office. The commission may conduct a recount in any precinct that cast votes for an office…
Ind. Code § 3-12-11-15 Repealed
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As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.406; P.L.3-1997, SEC.370. Repealed by P.L.194-2013, SEC.88.
Ind. Code § 3-12-11-16 Impoundment of election materials
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Sec. 16. (a) Except as provided in subsection (b), the state recount commission may by order impound and provide for the protection of any election records or equipment described by IC 3-12-10-5(a). (b) In a recount of an election for a legislative office, the state recount commi…
Ind. Code § 3-12-11-17 Convening of state recount commission; hearing on petition
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and recount Sec. 17. (a) After a recount is ordered under section 12 of this chapter, the state recount commission or its designee shall convene at a place fixed by order of the state recount commission and expeditiously complete the recount of all votes ordered recounted. Each c…
Ind. Code § 3-12-11-17.5 Petition for manual recount of ballot cards; withdrawal of
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petition Sec. 17.5. (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, automatic tabulating machines may…
Ind. Code § 3-12-11-17.7 Duties of recount commission
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Sec. 17.7. (a) This section applies to ballots cast by any voting method. (b) Unless the state recount commission makes a finding under subsection (c), the commission shall: (1) count ballots in accordance with this article; and (2) not order that all ballots in a precinct not be…
Ind. Code § 3-12-11-18 Certification of recount results; final determination of
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candidate eligibility; special election order Sec. 18. (a) When a recount is completed by the state recount commission or its designee, the commission shall: (1) make and sign a certificate showing the total number of votes received in the precincts by each candidate for nominati…
Ind. Code § 3-12-11-19 Recount certificate; certified copy as prima facie evidence of
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votes cast Sec. 19. Except in recount proceedings for an election to the offices of governor and lieutenant governor and legislative offices, a recount certificate made under section 18 of this chapter supersedes all previous returns made in any form of the recounted votes. A cer…
Ind. Code § 3-12-11-19.5 Recount or contest proceeding for presidential electors;
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conclusion Sec. 19.5. As required under 3 U.S.C. 5, any recount or contest proceeding concerning the election of presidential electors must be concluded not later than six (6) days before the time fixed by federal law for the meeting of the presidential electors. As added by P.L.…
Ind. Code § 3-12-11-2 Filing of verified petition
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Sec. 2. (a) A candidate who desires: (1) a recount of votes cast for a nomination or election subject to this chapter; or (2) to contest a nomination subject to this chapter or the election of a state office other than governor or lieutenant governor; must file a verified petitio…
Ind. Code § 3-12-11-20 Recount for offices of governor and lieutenant governor;
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certified statements Sec. 20. (a) On the day following the completion of a recount for the election to the offices of governor and lieutenant governor, the election division shall prepare two (2) certified statements for the secretary of state under the secretary of state's seal …
Ind. Code § 3-12-11-22 Effect of certified statement on candidate's eligibility for office
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Sec. 22. A statement prepared under section 20 or 21 of this chapter does not determine the eligibility of a candidate for office but is prepared only for the purpose of referring the information to the proper authorities. As added by P.L.7-1986, SEC.19. Amended by P.L.3-1997, SE…
Ind. Code § 3-12-11-23 Recount for federal office or certain state offices; correction of
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tabulation Sec. 23. (a) If a recount is made: (1) in a presidential primary election; (2) for nomination to a federal, state, or legislative office in a primary election; (3) in an election to a federal office; or (4) in an election to a state office other than governor and lieut…
Ind. Code § 3-12-11-24 Certificate of nomination or election or commission for office
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Sec. 24. The candidate shown by a corrected vote tabulation under section 23 of this chapter to have received the highest number of votes for nomination or election to an office is entitled to a certificate of nomination, certificate of election, or commission for the office even…
Ind. Code § 3-12-11-25 Determination of candidate ineligibility; certification of
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runner-up; governor appointment; effect on votes cast Sec. 25. (a) Except as provided in subsection (b), whenever the commission makes a final determination under section 18 of this chapter that the candidate who is subject to a contest proceeding is not eligible to serve in the …
Ind. Code § 3-12-11-3 Content of petition
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Sec. 3. (a) Each petition for a recount filed under section 2 of this chapter must state the following: (1) The office for which the petitioner desires a recount. (2) The precincts in which the petitioner desires a recount. (3) That the individual is entitled to a recount under t…
Ind. Code § 3-12-11-4 Cross-petition for recount
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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 with the election division not later than noon twenty-one (21) days after election day. As added by P.L.7-1986, SEC.19.…
Ind. Code § 3-12-11-5 Failure to file cross-petition or answer to a petition; admission
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of truth; presumption Sec. 5. The failure to file either a cross-petition or an answer to a petition for a recount or contest 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. As added by P.…
Ind. Code § 3-12-11-6 Contents of cross-petition
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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 in which the cross-petitioner desires a recount. (3) That the cross-petitioner was a candidate at the ele…
Ind. Code § 3-12-11-7 Amendment of petition or cross-petition
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Sec. 7. (a) Except as provided in subsection (b) or (c), the state recount commission may allow a petition or cross-petition to be amended at any time upon the terms and conditions that the state recount commission orders. (b) The commission may not allow a petition or cross-peti…
Ind. Code § 3-12-11-8 Multiple candidates joining in petition for recount or contest
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Sec. 8. Two (2) or more candidates for the same or a different office nominated or elected at the same election may join in a petition for a recount or contest. As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.172.
Ind. Code § 3-12-11-9 Notice of filing of petition for recount; service and return
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Sec. 9. (a) Upon the filing of a petition for a recount or contest with the election division, the state recount commission shall issue a notice of the filing and pendency of the petition to each opposing candidate and deliver the notice to the state police department. (b) This s…
Ind. Code § 3-13-11-1 Sections requiring following of caucus procedure;
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appointments pro tempore Sec. 1. The caucus procedure prescribed by this chapter for filling vacancies in local offices must be followed whenever required by IC 3-13-6-2, IC 3-13-6-3(a), IC 3-13-7-1, IC 3-13-8-1, IC 3-13-9-1, or IC 3-13-10-1. Selections made under this chapter (o…
Ind. Code § 3-13-11-10 Selection of person to fill vacancy; secret ballot
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Sec. 10. The members of a caucus held under this chapter shall select, by a majority vote of those casting a vote for a candidate, a person to fill the vacancy described in the written notice of the caucus. If more than one (1) person seeks to fill the vacancy, the selection shal…
Ind. Code § 3-13-11-11 Certification of pro tempore appointment results; forwarding
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certificates; filing certificates Sec. 11. (a) No later than noon five (5) days after: (1) the selection required by section 10 of this chapter; or (2) a selection under section 5(c) of this chapter; the chairman shall certify the pro tempore appointment results to the circuit co…
Ind. Code § 3-13-11-12 Chief deputy employee; assumption of duties during vacancy;
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except office of judge, member of fiscal or legislative body Sec. 12. (a) This section does not apply to the office of a judge or a member of a fiscal or legislative body. (b) Subject to sections 13 through 17 of this chapter, the chief deputy employee of the office that is vacan…
Ind. Code § 3-13-11-13 Chief deputy employee except for office of judge; appointment
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if position declined, person ineligible, or position not established Sec. 13. (a) This section does not apply to the office of a judge. (b) In accordance with section 12 of this chapter, if a chief deputy employee does not exist in a circuit or county office, or the chief deputy …
Ind. Code § 3-13-11-14 City controller assumes duty of mayor if position of deputy
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mayor not established in first or second class city Sec. 14. In accordance with section 12 of this chapter, if the position of deputy mayor is not established by ordinance in a first class or second class city, the city controller assumes the duties of mayor until the office is f…
Ind. Code § 3-13-11-15 President pro tempore of common council assumes duty of
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mayor if position of deputy mayor not established in third class city Sec. 15. In accordance with section 12 of this chapter, if the position of deputy mayor is not established by ordinance in a third class city, the president pro tempore of the common council assumes the duties …
Ind. Code § 3-13-11-16 Appointment to office of clerk or clerk-treasurer if chief
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deputy position not established, person ineligible, or position declined Sec. 16. In accordance with section 12 of this chapter, if a chief deputy employee does not exist in the office of clerk or clerk-treasurer of a city or town, or the chief deputy employee declines or is inel…
Ind. Code § 3-13-11-17 Circumstances in which township board chairman assumes
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duties of township office except for office of judge or township board member Sec. 17. (a) This section does not apply to the office of a judge or a township board member. (b) In accordance with section 12 of this chapter, if a chief deputy employee does not exist in a township o…
Ind. Code § 3-13-11-18 Rights and duties of person assuming duties of vacant office
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Sec. 18. A person who assumes the duties of a vacant office under this chapter has all of the office's rights and duties. Except as provided in IC 3-13-6, the person serves for the remainder of the unexpired term. [Pre-1986 Recodification Citation: 3-2-9-11(c).] As added by P.L.5…
Ind. Code § 3-13-11-19 Vacancies; candidates eligible for pro tempore appointment
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Sec. 19. The person who last held a vacated office may not be a candidate for pro tempore appointment to fill a vacancy in that office under this chapter for the remainder of the term. As added by P.L.8-1986, SEC.11.
Ind. Code § 3-13-11-2 Repealed
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[Pre-1986 Recodification Citation: 3-2-9-2(b).] As added by P.L.5-1986, SEC.9. Repealed by P.L.3-1987, SEC.570.
Ind. Code § 3-13-11-20 Vacancies; authority to fill
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Sec. 20. Except as expressly provided in this article, if a person: (1) is authorized to fill a vacancy in office or to determine which incumbent continues to hold an office under IC 3-13-9-5.6 or IC 3-13-10-6.5; and (2) fails to fill the vacancy or determine which incumbent cont…
Ind. Code § 3-13-11-21 Applicability of provisions concerning temporary filling of
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vacancy Sec. 21. Sections 12 through 20 of this chapter apply to a vacancy in an office to be filled under: (1) this chapter; or (2) IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, or IC 3-13-10. As added by P.L.3-1997, SEC.398.
Ind. Code § 3-13-11-3 Calling of caucus; withdrawal of resignation; when caucus to
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be held Sec. 3. (a) Except as provided in subsections (b) and (e) and section 3.5 of this chapter, after a vacancy occurs and not later than ten (10) days after a vacancy occurs in an office subject to this chapter, the county chairman: (1) of the county in which the greatest per…
Ind. Code § 3-13-11-3.5 Vacancy on town council because of member's residency;
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calling caucus; when caucus must be held Sec. 3.5. (a) If a vacancy exists on a town council because a circumstance has occurred under IC 36-5-2-6.5(3), the caucus shall meet and select an individual to fill the vacancy not later than thirty (30) days after the county chairman re…
Ind. Code § 3-13-11-4 Notice of caucus
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Sec. 4. The notice for a caucus under section 3 of this chapter must: (1) be in writing; (2) state the name of the chairman of the caucus; (3) state the purpose of the caucus; (4) state the date, time, and place of the caucus; and (5) be sent by first class mail to each member of…
Ind. Code § 3-13-11-5 Members of caucus; eligibility
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Sec. 5. (a) To be eligible to be a member of a caucus under this chapter, a precinct committeeman must satisfy the following: (1) Be a member of the same political party that elected or selected the person who vacated the office to be filled. (2) Be the precinct committeeman of a…