reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 6. Recount Procedures for Nomination for and Election to Local and School Board Offices › 3-12-6-31. Single County Nominations or Elections; Transmittal of 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 of nomination under IC 3-8-7;
(2) a certificate of election under IC 3-10-7-34 or IC 3-12-5-2; or
(3) a commission for the office under IC 4-3-1-5.
(b) The election division shall provide a copy of a certificate transmitted to the election division under this section to the office.
[Pre-1986 Recodification Citation: 3-1-27-16 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.149; P.L.3-1997, SEC.364; P.L.212-2001, SEC.29.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 6. Recount Procedures for Nomination for and Election to Local and School Board Offices › 3-12-6-32. Certificate of Nomination, Election, or Commission for Office

Sec. 32. The candidate shown by a corrected vote tabulation under section 29 or 30 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 under IC 3-8-7 or a certificate of election or commission for the office, even though one may have been issued upon a previous tabulation.
[Pre-1986 Recodification Citation: 3-1-27-16 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.150.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 6. Recount Procedures for Nomination for and Election to Local and School Board Offices › 3-12-6-33. Vacation of Office by Person in Possession

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 so, the court may compel the vacation of the office upon the petition of the person holding the commission or certificate.
As added by P.L.10-1988, SEC.151.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 7. Repealed

[Pre-1986 Recodification Citations:
3-12-7-1formerly 3-1-29-13-12-7-2formerly 3-1-29-73-12-7-3formerly 3-1-29-8 part3-12-7-4formerly 3-1-29-8 part3-12-7-5formerly 3-1-29-2 part3-12-7-6formerly 3-1-29-2 part3-12-7-7formerly 3-1-29-2 part3-12-7-8formerly 3-1-29-3(a) part3-12-7-9formerly 3-1-29-3(a) part3-12-7-10formerly 3-1-29-3(b)3-12-7-11formerly 3-1-29-4(a) part3-12-7-12formerly 3-1-29-4(a) part, (c) part3-12-7-13formerly 3-1-29-4(b)3-12-7-14formerly 3-1-29-4(c) part3-12-7-15formerly 3-1-29-53-12-7-16formerly 3-1-29-6 part3-12-7-17formerly 3-1-29-6 part3-12-7-18formerly 3-1-29-10 part3-12-7-19formerly 3-1-29-10 part3-12-7-20formerly 3-1-29-9.]
Repealed by P.L.3-1987, SEC.570.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-1. Persons Entitled to Contest

Sec. 1. (a) This section does not apply to a challenge filed before an election to the eligibility of a candidate nominated by petition for election to an office. The challenge described by this subsection must be conducted in accordance with IC 3-8-1-2.
(b) Any candidate for nomination or election to a local or school board office may contest the nomination or election of a candidate who is declared nominated or elected to the office, except a candidate who:
(1) receives the most votes in a primary election; and
(2) is certified as deceased under IC 3-8-7-1.
(c) If a candidate who is entitled to contest the nomination or election of a candidate under this chapter does not file a petition within the period established by section 5 of this chapter, the county chairman of a political party of which the candidate entitled to file a petition under this chapter was a member may file a petition to contest the nomination or election of a candidate. A county chairman is entitled to contest an election under this chapter only in a partisan race.
(d) This subsection applies to an election for a school board office. If there is no candidate who is entitled to contest the election of another candidate to a school board office, a voter of the school corporation may file a petition to contest the election of the candidate.
[Pre-1986 Recodification Citation: 3-1-28-1.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.152; P.L.4-1996, SEC.79; P.L.176-1999, SEC.99; P.L.14-2000, SEC.7; P.L.194-2013, SEC.79; P.L.278-2019, SEC.149.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-2. Grounds for Contest

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 occurred in the printing or distribution of ballots used in the election that makes it impossible to determine which candidate received the highest number of votes.
(3) A mistake occurred in the programming of an electronic voting system, making it impossible to determine the candidate who received the highest number of votes.
(4) An electronic voting system malfunctioned, making it impossible to determine the candidate who received the highest number of votes.
(5) A deliberate act or series of actions occurred making it impossible to determine the candidate who received the highest number of votes cast in the election.
[Pre-1986 Recodification Citation: 3-1-28-2.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.153; P.L.10-1989, SEC.12; P.L.4-1991, SEC.117; P.L.176-1999, SEC.100; P.L.221-2005, SEC.118; P.L.194-2013, SEC.80.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-2.5. Chapter Establishes Standards to Define Vote; Exception

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 will be counted as a vote on a paper ballot, an optical scan voting system, or an electronic voting system in a contest conducted under this chapter.
As added by P.L.209-2003, SEC.189. Amended by P.L.128-2015, SEC.214.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-3. Repealed

[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.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-4. Repealed

[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.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-5. Contest of Election or Nomination; Filing of Verified Petition; 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 district no later than noon fourteen (14) days after election day.
(b) A county chairman who is entitled to and 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 district not later than noon seventeen (17) days after election day.
(c) A petition for a contest of an election in different municipalities, whether in the same court of the county or not, may not be consolidated.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.382; P.L.10-1988, SEC.154; P.L.8-1992, SEC.33; P.L.4-1996, SEC.80; P.L.221-2005, SEC.119.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-5.5. Verified Petition; Filing Fee; Cause Number

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.L.98-2004, SEC.40.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-6. Contest of Election; Content of Verified Petition

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 set forth in the records of the county election board or election division.
(3) That the petitioner in good faith believes that one (1) or more of the following occurred:
(A) The person declared nominated or elected does not comply with a specific constitutional or statutory requirement set forth in the petition that is applicable to a candidate for the office.
(B) A mistake was made in the printing or distribution of ballots used in the election that makes it impossible to determine which candidate received the highest number of votes cast in the election.
(C) A mistake occurred in the programming of an electronic voting system, making it impossible to determine the candidate who received the highest number of votes.
(D) An electronic voting system malfunctioned, making it impossible to determine the candidate who received the highest number of votes.
(E) A deliberate act or series of actions occurred making it impossible to determine the candidate who received the highest number of votes cast in the election.
(b) A petition stating that the petitioner believes that it is impossible to determine the candidate that received the highest number of votes for one (1) of the reasons described in subsection (a)(3)(B), (a)(3)(C), or (a)(3)(D) must identify each precinct in which:
(1) ballots:
(A) containing the printing mistake; or
(B) distributed by mistake;
were cast;
(2) a mistake occurred in the programming of an electronic voting system; or
(3) an electronic voting system malfunctioned.
(c) A petition stating that the petitioner believes that an act or series of actions described in subsection (a)(3)(E) occurred must identify each precinct or other location in which the act or series of actions occurred to the extent known to the petitioner.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.155; P.L.10-1989, SEC.13; P.L.4-1991, SEC.118; P.L.176-1999, SEC.101; P.L.221-2005, SEC.120.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-6.5. Amendment of Verified Petition

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 deadline for filing a petition under this chapter if the petition as originally filed:
(1) failed to comply with this chapter; or
(2) was not filed before the deadline specified in this chapter.
As added by P.L.176-1999, SEC.102.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-7. Repealed

[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.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 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 judge. The judge shall issue a notice to the county sheriff directing the sheriff to serve notice upon the contestee and all other persons named in the petition as candidates for nomination or election to the office to appear and answer the petition in the circuit court on a day to be fixed in the notice.
(b) The county sheriff shall also serve a copy of the notice described in subsection (a) on:
(1) the county election board; and
(2) the election division if the petition relates to a contest for the office of judge or prosecuting attorney.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.11; P.L.10-1988, SEC.156; P.L.66-2003, SEC.47.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-9. Service of Summons

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 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.12.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-10. Appearance and Answer by Contestee; Time; Defense, Answer, or Special Answer

Sec. 10. The contestee shall appear and answer the petition by the day fixed in the notice issued under section 8 of this chapter unless the court extends the time for good cause. The contestee may:
(1) present any defense or answer that the contestee has to the allegations of the petition under an answer of general denial;
(2) file a special answer; or
(3) both.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-11. Party to Proceeding; Stating Right or Claim by Answer or Counterclaim

Sec. 11. Any other person who was a candidate at the election for nomination or election to the office involved and upon whom notice was served under section 9 of this chapter is a party to the proceeding and may state any right or claim the person may have by an answer or counterclaim.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-12. Repealed

[Pre-1986 Recodification Citation: 3-1-28-4(b).]
As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-13. Repealed

[Pre-1986 Recodification Citation: 3-1-28-5 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-14. Repealed

[Pre-1986 Recodification Citation: 3-1-28-5 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-15. Venue of Trial of Contest for Office

Sec. 15. A contest for an office for which the voters of only one (1) county cast votes shall be tried in that county. However, a change of venue from the judge is allowed under the Indiana rules of trial procedure. A contest for an office for which the voters of two (2) or more counties cast votes shall be tried in the county casting the highest number of votes for the office at the election.
[Pre-1986 Recodification Citation: 3-1-28-3 part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-16. Hearing; Date

Sec. 16. The court shall fix a date within twenty (20) days after the return day fixed in the notice to the contestee for the hearing of a contest.
[Pre-1986 Recodification Citation: 3-1-28-6 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.157.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-17. Hearing and Determination of Contest; Judgment Declaring Candidate Elected or Nominated; Ineligible Contestee Only Candidate; Candidate or Office Vacancy; Order for Special Election

Sec. 17. (a) A contest shall be heard and determined by the court without a jury subject to the Indiana Rules of Trial Procedure.
(b) The court shall determine the issues raised by the petition and answer to the petition.
(c) After hearing and determining a petition alleging that a candidate is ineligible, the court shall declare as elected or nominated the qualified candidate who received the highest number of votes and render judgment accordingly. If the court rules that the contestee is ineligible, and no other individual was a candidate for nomination or election, the court shall declare that no candidate has been:
(1) nominated at the primary, and that a ballot vacancy exists that the political party may fill under IC 3-13-1 or IC 3-13-2; or
(2) elected at the general or municipal election, and that an office vacancy exists that may be filled under IC 3-13, subject to the right of an individual currently serving in the office to hold over in that office under Article 15, Section 3 of the Constitution of the State of Indiana.
(d) If the court finds that:
(1) a mistake in the printing or distribution of the ballots used in the election;
(2) a mistake in the programming of an electronic voting system;
(3) a malfunction of an electronic voting system; or
(4) the occurrence of a deliberate act or series of actions;
makes it impossible to determine which candidate received the highest number of votes, the court shall order that a special election be conducted under IC 3-10-8.
(e) The special election shall be conducted in the precincts identified in the petition in which the court determines that:
(1) ballots containing the printing mistake or distributed by mistake were cast;
(2) a mistake occurred in the programming of an electronic voting system;
(3) an electronic voting system malfunctioned; or
(4) the deliberate act or series of actions occurred.
[Pre-1986 Recodification Citation: 3-1-28-6 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1989, SEC.14; P.L.4-1991, SEC.119; P.L.14-2004, SEC.161; P.L.221-2005, SEC.121; P.L.169-2015, SEC.149.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-17.5. Special Election; Corrected Canvass of Votes; Certificate of Election

Sec. 17.5. (a) After a special election ordered under section 17 of this chapter is conducted, the county election board shall issue a corrected canvass of the votes. The corrected canvass must substitute the votes cast in the special election in a precinct for each candidate for the votes cast for that candidate in that precinct during the contested election. The board shall add the substituted vote totals to the votes cast for each candidate in each precinct in which the special election was not conducted.
(b) The board or circuit court clerk shall then issue a certificate of election under IC 3-12-4-9 or IC 3-12-5-2 and file a copy of the certificate with the election division. If the contest was for an office commissioned by the governor, the election division shall forward a copy of the certificate to the governor for the issuance of a commission under IC 4-3-1-5.
(c) The election division shall provide a copy of the corrected canvass of the votes to the office.
As added by P.L.3-1997, SEC.366. Amended by P.L.212-2001, SEC.30.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-18. Hearing; Circuit Court Clerk to Certify Determination

Sec. 18. A circuit court clerk shall certify the determination made concerning the election contest under section 17 of this chapter to the:
(1) county election board;
(2) election division, if the contest concerned an office for which a declaration of candidacy must be filed with the election division under IC 3-8-2; and
(3) governor, if the contest concerned an office commissioned by the governor under IC 4-3-1-5.
[Pre-1986 Recodification Citation: 3-1-28-6 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.38-1999, SEC.62.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-19. Hearing; Judgment and Determination of Court Final

Sec. 19. The judgment and determination of a court under section 17 of this chapter are final, although an appeal may be taken.
[Pre-1986 Recodification Citation: 3-1-28-6 part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-20. Disqualification of Judge; Certification; Appointment of Special 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, within three (3) days after the filing of the petition of contest, certify the fact of disqualification to the governor, who shall then appoint a special judge to try the case.
[Pre-1986 Recodification Citation: 3-1-28-7.]
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.14.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-21. Vacation of Office by Person in Possession

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 may compel the vacation of the office upon the petition of the person holding the commission or certification.
As added by P.L.10-1988, SEC.158.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices › 3-12-8-22. Election Contest; Costs Included

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 to the contest.
(b) The costs of a contest may not include the following:
(1) General administrative costs.
(2) Security.
(3) Allowances for meals or lodging.
(c) The costs of a contest shall be paid from the county general fund without appropriation.
As added by P.L.8-1992, SEC.34. Amended by P.L.176-1999, SEC.103.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 9. Resolving Tie Votes › 3-12-9-1. Special Election for Tie Vote; Primary Election

Sec. 1. (a) Whenever a tie vote at an election for:
(1) a federal office;
(2) a state office (other than governor and lieutenant governor); or
(3) a legislative office;
occurs, a special election shall be held.
(b) Whenever a tie vote occurs at a primary election for the nomination of a candidate to be voted for at the general or municipal election, IC 3-13-1-17 applies.
[Pre-1986 Recodification Citation: 3-1-19-1(3).]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.383; P.L.1-2005, SEC.54; P.L.230-2005, SEC.59.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 9. Resolving Tie Votes › 3-12-9-2. Offices of Governor and Lieutenant Governor; Majority of State Senate and House of Representatives Meeting in Joint Session to Elect

Sec. 2. Whenever a tie vote at an election for the offices of governor and lieutenant governor occurs, a majority of the state senate and house of representatives meeting in joint session shall elect these officials from among the candidates receiving the tie vote in accordance with Article 5, Section 5 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 5.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 9. Resolving Tie Votes › 3-12-9-3. Local, Circuit, or School Board Office; Written Notice of Tie Vote to Fiscal Body

Sec. 3. Whenever a circuit court clerk receives certification that a tie vote at an election for a local office or a school board office occurred, the clerk shall immediately send a written notice of the tie vote to:
(1) the fiscal body of the affected political subdivision; or
(2) if the tie vote occurred in an election for a circuit office in a circuit that includes more than one county, to the fiscal body of each county of the circuit.
[Pre-1986 Recodification Citation: 3-2-11-4.]
As added by P.L.5-1986, SEC.8. Amended by P.L.230-2005, SEC.60.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 9. Resolving Tie Votes › 3-12-9-4. Local, Circuit, or School Board Office; Filling Office

Sec. 4. (a) The fiscal body of a political subdivision that receives notice under section 3 of this chapter shall resolve the tie vote by electing a person to fill the office not later than December 31 following the election at which the tie vote occurred. The fiscal body shall select one (1) of the candidates who was involved in the tie vote to fill the office.
(b) If a tie vote has occurred in an election for a circuit office in a circuit that contains more than one (1) county, the fiscal bodies of the counties shall meet in joint session at the county seat of the county that contains the greatest percentage of population of the circuit to select one (1) of the candidates who was involved in the tie vote in order to fill the office in accordance with this section.
(c) If a tie vote has occurred for the election of more than one (1) at-large seat on a legislative or fiscal body, the fiscal body shall select the number of individuals necessary to fill each of the at-large seats for which the tie vote occurred. However, a member of a fiscal body who runs for reelection and is involved in a tie vote may not cast a vote under this section.
(d) The executive of the political subdivision (other than a town or a school corporation) may cast the deciding vote to break a tie vote in a fiscal body acting under this section. The clerk-treasurer of the town may cast the deciding vote to break a tie vote in a town fiscal body acting under this section. A tie vote in the fiscal body of a school corporation under this section shall be broken under IC 20-23.
[Pre-1986 Recodification Citations: 3-2-11-5; 3-2-11-6.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.159; P.L.14-2004, SEC.162; P.L.230-2005, SEC.61; P.L.164-2006, SEC.127; P.L.85-2017, SEC.5.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 9. Resolving Tie Votes › 3-12-9-5. State, Local, or School Board Offices; Official to Remain in Office Until Successor Is Elected and Qualified

Sec. 5. Whenever a tie vote at an election for:
(1) a state office;
(2) a local office; or
(3) a school board office;
occurs, the incumbent public official remains in office in accordance with Article 15, Section 3 of the Constitution of the State of Indiana until a successor is elected under this chapter and qualified.
[Pre-1986 Recodification Citations: Ind. Const. Art. 15, § 3; 3-2-11-8.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 9. Resolving Tie Votes › 3-12-9-6. Filing of Recount Petition or Contesting of Nomination or Election

Sec. 6. This chapter does not prohibit:
(1) a candidate from filing a recount petition under IC 3-12-6 or IC 3-12-11;
(2) a candidate from contesting a nomination or election under IC 3-12-8 or IC 3-12-11; or
(3) a petitioner from filing a recount petition under IC 3-12-12.
[Pre-1986 Recodification Citation: 3-2-11-7.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.384; P.L.5-1988, SEC.15; P.L.10-1988, SEC.160.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-2. Repealed

As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.385; P.L.10-1988, SEC.162. Repealed by P.L.8-1995, SEC.71.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-2.1. Members

Sec. 2.1. (a) Except as provided in this section, the secretary of state and the designee of the state chairman of each of the major political parties of the state shall serve as members of the state recount commission.
(b) Except as provided in this section, the secretary of state shall serve as the chair of the state recount commission.
(c) If an election to the office of secretary of state is the subject of a petition filed under IC 3-12-11, final determination of all petitions filed under IC 3-12-11 relating to that election must be made before January 1 after the election.
(d) The secretary of state may not serve on the commission if the secretary of state is:
(1) a petitioner under IC 3-12-11; or
(2) named as a candidate in a petition under IC 3-12-11;
until the commission makes a final determination under IC 3-12-11 of all related petitions in which the secretary of state is a petitioner or is named.
(e) If the secretary of state may not serve on the commission under subsection (d), the state chairman of the same major political party as the secretary of state shall designate another individual to serve as a member and chair of the commission. The other individual must have voted in the most recent primary election of the political party of the state chairman making the appointment. The individual serves until the commission issues its final determination of all petitions relating to the election that are described in subsection (d). The secretary of state shall then resume as a member and the chairman of the state recount commission.
(f) An individual who serves on the state recount commission as secretary of state ceases to be a member of the commission when the individual ceases to be secretary of state.
As added by P.L.8-1995, SEC.56.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-2.2. State Recount Fund; Purpose; Administration; Expenses; Reversion to General Fund; Appropriations

Sec. 2.2. (a) The state recount fund is established for the purpose of receiving, holding, and disbursing funds as a fiduciary for the state recount commission and individuals who have provided a cash deposit under this article. The fund shall be administered by the administrative division of the office of the secretary of state.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(d) All money accruing to the fund is appropriated continuously for the purposes specified in subsection (a).
As added by P.L.176-1999, SEC.104.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-2.5. Recount Director

Sec. 2.5. The state recount commission shall employ and set the salary of a recount director. The recount director shall perform the tasks delegated to the director by the commission.
As added by P.L.3-1987, SEC.386.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-3. Per Diem; Expenses

Sec. 3. (a) Each member of the state recount commission other than the secretary of state is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
(b) Each member of the state recount commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.387.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-4. Recount and Contest Proceedings

Sec. 4. (a) The state recount commission shall conduct recount proceedings under IC 3-12-11 resulting from:
(1) a presidential primary election;
(2) the nomination of a candidate to a federal, state, or legislative office in a primary election; or
(3) an election for a federal, state, or legislative office.
(b) The state recount commission shall conduct recount proceedings under IC 3-12-12 resulting from a public question voted on by the electorate of the entire state.
(c) The state recount commission shall conduct contest proceedings under IC 3-12-11 resulting from:
(1) a presidential primary election;
(2) the nomination of a candidate to a federal, state, or legislative office in a primary election; or
(3) an election for a federal, state, or legislative office.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.388; P.L.10-1988, SEC.163; P.L.14-2004, SEC.163; P.L.169-2015, SEC.150.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-5. Powers; Rules

Sec. 5. (a) The state recount commission may, to comply with section 4 of this chapter:
(1) impound, take possession of, transport, or otherwise protect any election records or equipment related to a recount or contest;
(2) issue subpoenas, discovery orders, and protective orders;
(3) conduct and regulate the course of hearings and other proceedings;
(4) manage its internal affairs;
(5) adopt rules under IC 4-22-2; or
(6) exercise any other necessary power to perform its functions under this article.
(b) Rules adopted by the state recount commission for the conduct of a recount or contest proceeding must uniformly apply throughout Indiana.
(c) An impoundment order issued under subsection (a)(1) may not prevent a circuit court clerk or board of registration from copying election material other than ballots if the clerk or board copies the material under the supervision of the state police department.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.389.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-5.5. Impoundment; Use of Copies of Election Material

Sec. 5.5. A circuit court clerk or board of registration may use a copy of election material other than ballots made under section 5 of this chapter instead of an original subject to an impoundment order under that section until the commission orders the release of the original.
As added by P.L.3-1987, SEC.390.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-6. Election Records or Equipment; Impoundment, Possession, Transportation, or Protection

Sec. 6. Without the filing of a petition under IC 3-12-11, the state recount commission may impound, take possession of, transport, or otherwise protect any election records or equipment that the commission determines may be the subject of:
(1) a recount proceeding; or
(2) a contest proceeding conducted by the state recount commission under IC 3-12-11.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.391; P.L.10-1988, SEC.164.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-7. Delegation of Powers

Sec. 7. (a) The state recount commission may designate one (1) or more members of the commission or one (1) or more other persons to exercise any of its powers, other than the:
(1) final adoption of rules;
(2) final determination of a recount under IC 3-12-11; or
(3) final determination of a contest under IC 3-12-11.
(b) Each person designated by the commission under subsection (a) who is not a member of the commission must be an attorney (as defined in IC 23-1.5-1-4).
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.392.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-8. State Board of Accounts; Conduct of Recount or Other Contest Proceedings

Sec. 8. The state board of accounts shall conduct any recount or other contest proceeding ordered by the state recount commission in accordance with this article and guidelines adopted by the commission.
As added by P.L.7-1986, SEC.18. Amended by P.L.176-1999, SEC.105.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-9. State Police Department; Duties

Sec. 9. The state police department shall:
(1) serve any notices, subpoenas, impoundment orders, discovery orders, protective orders, or other papers;
(2) secure or transport any election records or equipment; and
(3) perform any other law enforcement duties;
ordered by the state recount commission.
As added by P.L.7-1986, SEC.18. Amended by P.L.194-2013, SEC.81.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-10. Secretary of State; Assignment of Staff and Facilities

Sec. 10. The secretary of state may assign any of the election division's staff and facilities to the state recount commission to carry out the commission's responsibilities.
As added by P.L.7-1986, SEC.18. Amended by P.L.8-1995, SEC.57.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-11. Reimbursement of Agencies or Offices for Expenses

Sec. 11. The state recount commission shall reimburse any agency or office described in sections 8, 9, and 10 of this chapter that incurs any expense to carry out the responsibilities of the commission in conformity with the policies and procedures established by the state budget agency.
As added by P.L.7-1986, SEC.18.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-12. Expenses of Recount; Expenses Reimbursed; Claims for Expenses

Sec. 12. (a) The expenses of a recount conducted by the state recount commission shall be paid from the state recount fund following the commission's determination of whether a full or partial refund of the cash deposit should be granted under IC 3-12-11-10.
(b) The expenses of a contest conducted by the state recount commission shall be paid from the state recount fund.
(c) Notwithstanding subsections (a) and (b), the expenses incurred by a party to a recount or contest for:
(1) the appearance of an individual; or
(2) the copying or production of documents;
in response to a subpoena approved by the state recount commission shall be borne by that party and are not subject to reimbursement under this chapter.
(d) A person (other than a party to a recount or contest) who claims reimbursement of expenses described by subsection (a) or (b) must submit a claim to the state recount commission not later than noon sixty (60) days after the commission adopts a final order concerning the recount or contest. If the commission approves the claim, the treasurer of state shall issue a warrant to the person in accordance with IC 5-13-5, except as provided in subsection (e) or (f).
(e) This subsection applies when the recount director incurs an expense acting on behalf of the state recount commission. Any claim submitted by the recount director must be filed with the secretary of state for approval.
(f) This subsection applies when a person incurs an expense based on an order issued by the recount director before a recount or contest is filed under IC 3-12-11. The person must submit a claim to the state recount commission not later than noon sixty (60) days after the final date for filing a recount or contest petition under IC 3-12-11.
(g) There is appropriated to the state recount fund from the state general fund an amount sufficient for the state recount commission's use in the payment of expenses under this section.
As added by P.L.7-1986, SEC.18. Amended by P.L.10-1988, SEC.165; P.L.176-1999, SEC.106; P.L.14-2004, SEC.164; P.L.278-2019, SEC.150.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-12.5. Electronic Mail Filings; Not Applicable to Recount Petition, Contest Petition, or Cross-Petition

Sec. 12.5. (a) This section does not apply to the filing of a recount petition, contest petition, or cross-petition under IC 3-12-11.
(b) Notwithstanding IC 3-5-4-1.7, the state recount commission may receive filings by electronic mail from attorneys representing an individual or party in a recount or contest proceeding following the filing of the original recount petition, contest petition, or cross-petition.
As added by P.L.194-2013, SEC.82.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-13. Reimbursement by Candidate Filing Petition; Petitioner's Liability for Expenses of Another Party

Sec. 13. (a) This section does not apply to a petitioner who is determined to have been nominated or elected after the recount or the contest.
(b) A candidate filing a petition under IC 3-12-11 shall reimburse the state for the expenses of the state recount commission in the amount of the cash deposit required for a recount under IC 3-12-11-10 or a contest under IC 3-12-11-11. However, the petitioner is not liable for the expenses chargeable to another party under section 14 of this chapter.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.393; P.L.8-1995, SEC.58.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-14. Reimbursement by Candidate Filing Cross-Petition or Opposing Party in a Contest Action

Sec. 14. (a) This section does not apply to:
(1) a cross-petitioner who is determined to have been nominated or elected after a recount; or
(2) an opposing party in a contest action who prevails.
(b) A candidate filing a cross-petition under IC 3-12-11 or an opposing party in a contest action under IC 3-12-11 shall reimburse the state for the expenses of the state recount commission in the amount of the cash deposit required under IC 3-12-11-11.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.394; P.L.8-1995, SEC.59.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-16. Application of Ic 4-21.5

Sec. 16. IC 4-21.5 does not apply to the state recount commission.
As added by P.L.7-1986, SEC.18. Amended by P.L.7-1987, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-17. Stay of Court Action Pending Final Determination by Recount Commission

Sec. 17. Any court action related to the election for an office that is the subject of a:
(1) recount proceeding under IC 3-12-11; or
(2) contest proceeding under IC 3-12-11;
is stayed until the state recount commission has rendered a final determination.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.395.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 10. State Recount Commission › 3-12-10-18. Judicial Review

Sec. 18. (a) Any party to a final determination of the state recount commission concerning a nomination subject to IC 3-12-11 or election to a state office other than governor or lieutenant governor may appeal the final determination to the court of appeals for errors of law under the same terms, conditions, and standards that govern appeals in ordinary civil actions. An assignment of errors that the commission's final determination is contrary to law is sufficient to present both the sufficiency of the facts found to sustain the commission's determination and the sufficiency of the evidence to sustain the findings of facts upon which the commission's determination was rendered.
(b) If the court of appeals finds that a party has been substantially prejudiced by commission action that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(2) contrary to constitutional right, power, privilege, or immunity;
(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; or
(4) without observance of procedure required by law;
the court may set aside the final determination of the commission. The court may remand the case to the commission for further proceedings and compel commission action that has been unreasonably delayed or unlawfully withheld.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.396; P.L.10-1988, SEC.166; P.L.194-2013, SEC.83.