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.
Structure Indiana Code
Article 12. Ascertaining Results of Elections
Chapter 10. State Recount Commission
3-12-10-1. Establishment of Commission
3-12-10-4. Recount and Contest Proceedings
3-12-10-5.5. Impoundment; Use of Copies of Election Material
3-12-10-6. Election Records or Equipment; Impoundment, Possession, Transportation, or Protection
3-12-10-7. Delegation of Powers
3-12-10-8. State Board of Accounts; Conduct of Recount or Other Contest Proceedings
3-12-10-9. State Police Department; Duties
3-12-10-10. Secretary of State; Assignment of Staff and Facilities
3-12-10-11. Reimbursement of Agencies or Offices for Expenses
3-12-10-12. Expenses of Recount; Expenses Reimbursed; Claims for Expenses
3-12-10-14. Reimbursement by Candidate Filing Cross-Petition or Opposing Party in a Contest Action
3-12-10-15. Determination of Expenses
3-12-10-16. Application of Ic 4-21.5
3-12-10-17. Stay of Court Action Pending Final Determination by Recount Commission