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 counted.
(c) If:
(1) a party to the recount presents evidence of fraud, tampering, or misconduct affecting the integrity of the ballot within a precinct; and
(2) the commission determines that the fraud, tampering, or misconduct within that precinct was so pervasive that it is impossible for the commission to determine the approximate number of votes that each candidate received in that precinct;
the commission may order that none of the ballots from that precinct be counted.
As added by P.L.3-1995, SEC.130. Amended by P.L.103-2005, SEC.19.
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