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 votes cast for that office recounted or to contest the nomination or election of a candidate under this chapter. A recount may be conducted in one (1) or more of the precincts in which votes were cast for the office.
(b) This subsection applies to an election for a federal or state office. Except as provided in subsection (d), if a candidate who is entitled to file a petition for a recount or contest under this chapter does not file a petition within the period established by section 2 of this chapter, the state chairman of the candidate's political party may file a petition to:
(1) have the votes recounted in one (1) or more precincts; or
(2) contest the nomination or election of a candidate.
(c) This subsection applies to an election for a legislative office. Except as provided in subsection (d), if a candidate who is entitled to file a petition for a recount or contest under this chapter does not file a petition within the period established by section 2 of this chapter, a county chairman who:
(1) resides in a county located within the election district in which the recount or contest is desired; and
(2) is a member of the same political party as the candidate entitled to petition for a recount or contest under this chapter;
may file a petition to have the votes recounted in one (1) or more precincts or to contest the nomination or election of a candidate.
(d) The nomination of a candidate in a primary election who has been certified as deceased under IC 3-8-7-1 may not be contested under this chapter.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.167; P.L.4-1996, SEC.81; P.L.194-2013, SEC.84.
Structure Indiana Code
Article 12. Ascertaining Results of Elections
3-12-11-1. Right to Recount of Vote or to Contest Nomination or Election of a Candidate
3-12-11-1.5. Chapter Establishes Standards to Define Vote in Recount
3-12-11-2. Filing of Verified Petition
3-12-11-3. Content of Petition
3-12-11-4. Cross-Petition for Recount
3-12-11-5. Failure to File Cross-Petition or Answer to a Petition; Admission of Truth; Presumption
3-12-11-6. Contents of Cross-Petition
3-12-11-7. Amendment of Petition or Cross-Petition
3-12-11-8. Multiple Candidates Joining in Petition for Recount or Contest
3-12-11-9. Notice of Filing of Petition for Recount; Service and Return
3-12-11-10. Cash Deposit for Payment of Costs by Petitioner; Appointment of Commission Member Proxy
3-12-11-11. Cash Deposit by Cross-Petitioner
3-12-11-13. Consolidated Recount
3-12-11-14. Precincts Eligible for Recount
3-12-11-16. Impoundment of Election Materials
3-12-11-17. Convening of State Recount Commission; Hearing on Petition and Recount
3-12-11-17.5. Petition for Manual Recount of Ballot Cards; Withdrawal of Petition
3-12-11-17.7. Duties of Recount Commission
3-12-11-19. Recount Certificate; Certified Copy as Prima Facie Evidence of Votes Cast
3-12-11-19.5. Recount or Contest Proceeding for Presidential Electors; Conclusion
3-12-11-20. Recount for Offices of Governor and Lieutenant Governor; Certified Statements
3-12-11-21. Recount for Legislative Office; Deadline; Certification of Results
3-12-11-22. Effect of Certified Statement on Candidate's Eligibility for Office
3-12-11-23. Recount for Federal Office or Certain State Offices; Correction of Tabulation
3-12-11-24. Certificate of Nomination or Election or Commission for Office