Sec. 8. (a) Two (2) or more candidates for nomination or election to the same or a different office at the same election may join in a petition for a recount.
(b) Except as provided in subsection (d), if more than one (1) petition for a recount is filed in a county no later than noon seven (7) days after election day, whether in the same court of the county or not, the petitions shall be consolidated under the first petition filed. If a transfer of petitions from one (1) court of the county to another court of the county is necessary to effect the consolidation, then the court in which the subsequent petitions were filed shall order the transfer.
(c) If more than one (1) petition for a recount is filed for an office in more than one (1) county, the circuit court, superior court, or probate court for the county casting, on the face of the election returns, the highest number of votes for the office shall assume jurisdiction over all petitions and cross-petitions concerning the office. If a transfer of petitions or cross-petitions from one (1) court to another is necessary to effect the consolidation in the circuit court, superior court, or probate court, then any other court in which a petition or cross-petition was filed shall order the transfer.
(d) A petition for a recount filed for an election in different municipalities, whether in the same court of the county or not, may not be consolidated.
[Pre-1986 Recodification Citation: 3-1-27-4.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.6; P.L.3-1987, SEC.372; P.L.10-1988, SEC.138; P.L.8-1992, SEC.31; P.L.84-2016, SEC.12.
Structure Indiana Code
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
3-12-6-9.5. 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
3-12-6-14. 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
3-12-6-19.5. Impounded Materials; Use of Copies Instead of Originals
3-12-6-20. Court Making Impounded Materials Available to Recount Commission
3-12-6-21.5. 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
3-12-6-28. Transmittal of Certificate Showing Votes Cast
3-12-6-29. Tabulation of Vote in Accordance With Certificate
3-12-6-32. Certificate of Nomination, Election, or Commission for Office