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 office to which the candidate is nominated or elected, the candidate who received the second highest number of votes for the office is entitled to a certificate of nomination or certificate of election even though a certificate may have been issued to another candidate upon the tabulation of the votes.
(b) This subsection applies to a contest proceeding for a state office other than the offices of governor, lieutenant governor, justice of the supreme court, judge of the court of appeals, and judge of the tax court. Whenever the commission makes a final determination under section 18(b) of this chapter that the candidate who is subject to a contest proceeding is not eligible to serve in the office to which the candidate is elected the following apply:
(1) This subdivision does not apply to the filling of a state office following a contest proceeding or court action that resulted from an election held before January 1, 2011. The office is considered vacant, and the governor shall fill the vacancy as provided in IC 3-13-4-3(e) by the appointment of a person of the same political party as the candidate who is not eligible to serve.
(2) The commission's determination that the candidate is not eligible to serve in the office does not affect the votes cast for the candidate for purposes of determining the number or percentage of votes cast for purposes of other statutes, including IC 3-5-2-30, IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7, IC 3-6-6-8, IC 3-6-7-1, IC 3-6-8-1, IC 3-8-4, IC 3-8-6, IC 3-10-1-2, IC 3-10-2-15, IC 3-10-4-2, IC 3-10-6, IC 3-10-7-26, IC 3-11-2-6, IC 3-11-13-11, IC 3-11-14-3.5, IC 3-13-9-4.5, IC 6-9-2-3, and IC 36-4-1.5-2.
As added by P.L.3-1987, SEC.412. Amended by P.L.10-1988, SEC.180; P.L.225-2011, SEC.78; P.L.233-2015, SEC.2.
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