Indiana Code
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.

Structure Indiana Code

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

3-12-6-1. Right of Recount; Local or School Board Offices

3-12-6-1.2. Chapter Establishes Standards to Define Vote

3-12-6-1.5. Chapter Applicable to Elections for Political Party Offices

3-12-6-2. Petition for Recount; Filing

3-12-6-2.5. Petition for Recount; Filing Fee; Cause Number

3-12-6-3. Petition for Recount; Content

3-12-6-4. Cross-Petition for Recount; Filing

3-12-6-5. Failure to File Cross-Petition or Answer to Petition for Recount

3-12-6-6. Cross-Petition for Recount; Contents

3-12-6-7. Amendment of Petition or Cross-Petition

3-12-6-8. Petition for Recount; Joinder; Consolidation; Exception; Transfer

3-12-6-9. Notice of Filing of Petition for Recount and Pendency of Petition of Each Candidate Named in Petition; Service of Notice; Return of Service

3-12-6-9.5. Disqualification of Judge Where Recount Involves Court Assuming Jurisdiction

3-12-6-10. Petitioner's Cash Deposit or Bond; Filing; Amounts; Cost of Recount; Unexpended Balance

3-12-6-10.5. Petitioner's Cash Deposit; Deposit in County General Fund

3-12-6-11. Cross-Petitioner's Cash Deposit or Bond; Cost of Recount

3-12-6-12. Cost of Recount When Cash Deposit Not Made

3-12-6-13. Repealed

3-12-6-13.5. Repealed

3-12-6-14. Order of Recount and Appointment of Recount Commission; Conditions

3-12-6-15. Consolidated Recount of Votes

3-12-6-16. Recount Commission; Membership

3-12-6-17. Recount Commission; Compensation

3-12-6-17.5. Recount Commission and Other Recount Costs; Payment From County General Fund

3-12-6-18. Certified Copy of Order to Candidates; Cost of Mailing

3-12-6-19. Impoundment of Election Materials by Court; Recount Commission Orders; Copying Election Materials

3-12-6-19.5. Impounded Materials; Use of Copies Instead of Originals

3-12-6-20. Court Making Impounded Materials Available to Recount Commission

3-12-6-21. Recount; Place; Expeditious Completion; Watchers; Representatives; News Media; Powers and Duties of State Recount Commission

3-12-6-21.5. Ballot Card Voting Systems; Petition for Manual Count and Tabulation of Votes

3-12-6-21.7. Duties of Recount Commission

3-12-6-21.9. Recount; Date of Completion; Extension of Deadline

3-12-6-22. Recount; Completion; Certificate

3-12-6-22.5. Court Issuance of Order on Commission Certificate; Finality of Recount Decision; Appeal

3-12-6-23. Recount Certificate; Effect; Prima Facie Evidence of Votes Cast

3-12-6-24. Repealed

3-12-6-25. Repealed

3-12-6-26. Repealed

3-12-6-27. Votes Cast in More Than One County; Difference Between Recount Certificate and County Election Board Tabulation; Correction of Certificate

3-12-6-28. Transmittal of Certificate Showing Votes Cast

3-12-6-29. Tabulation of Vote in Accordance With Certificate

3-12-6-30. Single County Nominations or Elections; Differences Between Votes Shown by Recount Certificate and Votes Tabulated by County Board; Certificate of Corrected Vote Total

3-12-6-31. Single County Nominations or Elections; Transmittal of Certificate Showing Corrected Vote Total

3-12-6-32. Certificate of Nomination, Election, or Commission for Office

3-12-6-33. Vacation of Office by Person in Possession