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Chapter 1. Rules for Counting Ballots
3-12-1-1. Intent of Voter Primary Factor to Consider in Determining Voter's Choice on Ballot - Sec. 1. Subject to sections 5, 6, 7, 8, 9,...
3-12-1-1.2. Chapter Establishes Standards to Define Vote - Sec. 1.2. (a) This chapter is enacted to comply with...
3-12-1-1.5. "Election Officer" Defined - Sec. 1.5. As used in this chapter, "election officer" means...
3-12-1-1.7. Write-in Votes - Sec. 1.7. (a) The following provisions govern the counting of...
3-12-1-2. Ballot Void if Not Properly Endorsed; Not Applicable to Absentee Ballots - Sec. 2. (a) This section does not apply to absentee...
3-12-1-3. Ballot Void if It Bears Distinguishing Mark or Mutilation - Sec. 3. The whole ballot is void if the ballot...
3-12-1-4. Ballot Void for Extrinsic Act; Erasures - Sec. 4. (a) The whole ballot is void if a...
3-12-1-5. Counting Voting Marks - Sec. 5. (a) This subsection does not apply to a...
3-12-1-6. Voting Mark on or in Voting Square; Public Questions - Sec. 6. A voting mark made by a voter on...
3-12-1-7. Straight Party Ticket Voting; Counting Multiple Votes - Sec. 7. (a) This subsection applies whenever a voter: (1)...
3-12-1-7.5. Counting Write-in Votes - Sec. 7.5. (a) If a voter votes for one (1)...
3-12-1-8. Voting Mark on Political Party Device Circle; Individual Votes Required for Candidates for At-Large Districts - Sec. 8. (a) Except as provided in subsection (b), a...
3-12-1-9. Counting Voting Marks; Voting Marks Not Counted; Certification of Voting Systems That Can Detect Voting Marks - Sec. 9. (a) A voting mark that touches a circle,...
3-12-1-9.5. Remake of Damaged or Defective Ballot Card; Conditions - Sec. 9.5. (a) This section applies to counting votes cast...
3-12-1-10. Void Ballot - Sec. 10. A ballot on which a voter writes: (1)...
3-12-1-11. Primary Election; Application of Chapter - Sec. 11. In applying this chapter to a primary election,...
3-12-1-12. Application to Votes Cast by Any Method; Counting Vote Made Invalid by Mistake or Inadvertence of Election Officer - Sec. 12. (a) This section applies to votes cast by...
3-12-1-13. Absentee Ballots; Necessary Endorsements - Sec. 13. (a) This section applies only to absentee ballots....
3-12-1-14. Counting of Vote Cast for Candidate Who Ceases to Be Candidate - Sec. 14. (a) This section does not apply to a...
3-12-1-15. Counting Straight Party Vote for Successor Candidate; Exceptions - Sec. 15. (a) This section does not apply to a...
3-12-1-16. Vote Cast for "No Candidate" or "Candidate Deceased" - Sec. 16. (a) This section applies when: (1) a ballot...
3-12-1-17. Absentee Ballot Received From Overseas Voter by Mail; Arrival Time; When to Count - Sec. 17. (a) This section applies only to an absentee...
3-12-1-18. Federal Write-in Absentee Ballot Cast in Primary Election by Absent Uniformed Services Voter or Overseas Voter; Voter Actions That Void Ballot - Sec. 18. (a) This section applies to a federal write-in...
3-12-1-19. Federal Write-in Absentee Ballot Cast in General, Municipal, or Special Election by Absent Uniformed Services Voter or Overseas Voter; Counting Votes - Sec. 19. (a) The provisions of section 1.7 of this...
Chapter 2. Counting of Paper Ballot Votes
3-12-2-1. Chapter Establishes Standards to Define Vote; Ballot Counting Procedures - Sec. 1. (a) This chapter: (1) is enacted to comply...
3-12-2-2. Viewing of Counting of Votes by Inspector and Judge of Opposite Political Party - Sec. 2. During the counting of the votes, the inspector...
3-12-2-3. Protest of Ballot by Member of Precinct Election Board - Sec. 3. During the counting of the votes, any member...
3-12-2-4. Protest of Ballot; Duties of Poll Clerks - Sec. 4. If a ballot or any part of a...
3-12-2-5. Vote Count Procedure Where More Than One Precinct Located in Same Room - Sec. 5. Except as provided in section 1(c) of this...
3-12-2-6. Certificate and Memorandum of Votes Cast - Sec. 6. When all votes have been counted, the precinct...
3-12-2-7. Delivery of Certificates, List of Voters, and Tally Papers Upon Vote Tabulation - Sec. 7. The inspector and the judge of the opposite...
3-12-2-7.5. Counting Certain Federal Write-in Absentee Ballots - Sec. 7.5. (a) This section applies to the counting of...
3-12-2-8. Inspector's Duty After Ballots Have Been Counted - Sec. 8. As soon as the ballots have been counted,...
3-12-2-9. Delivery of Envelope or Bag Containing Ballots to Circuit Court Clerk; Notification of Number of Ballots in Bag and Condition of Seals of Ballot Packages - Sec. 9. The inspector and the judge of the opposite...
3-12-2-10. Oath of Inspector Upon Delivery of Envelope or Bag; Contents - Sec. 10. Upon delivery of the envelope or bag to...
3-12-2-11. Envelope or Bag to Be Placed in Receptacle Having Two Locks; Disposition of Keys - Sec. 11. Upon receipt of the envelope or bag under...
3-12-2-12. Preservation of Receptacle Containing Envelope or Bag; Contest of Election; Disposition of Envelope or Bag; Use of Ballots for Election Research - Sec. 12. (a) The circuit court clerk shall preserve the...
3-12-2-13. Repealed - [Pre-1986 Recodification Citation: 3-1-25-6 part.] As added by P.L.5-1986, SEC.8....
3-12-2-14. Repealed - [Pre-1986 Recodification Citation: 3-1-25-6 part.] As added by P.L.5-1986, SEC.8....
3-12-2-15. Certificate for News Media of Results; Delivery to Circuit Court Clerk and News Media - Sec. 15. Immediately upon completion of the vote count, each...
3-12-2-16. Canvass to Continue to Completion - Sec. 16. To minimize the delay in the counting of...
Chapter 2.5. Repealed - Repealed by P.L.221-2005, SEC.145.
Chapter 3. Counting Ballot Card Votes
3-12-3-1. Counting of Ballot Cards - Sec. 1. (a) Subject to IC 3-12-2-5, after the marking...
3-12-3-1.1. Chapter Establishes Standards to Define Vote - Sec. 1.1. This chapter is enacted to comply with 52...
3-12-3-1.2. Closing of All Polls Located in One Room Before Vote Count - Sec. 1.2. This section applies to a precinct where votes...
3-12-3-1.5. Protest; Marking and Signing of Protested Ballots - Sec. 1.5. (a) During the tabulation of the votes, any...
3-12-3-2. Counted Ballot Cards; Processing - Sec. 2. (a) After the ballot cards have been counted...
3-12-3-2.2. Securing and Returning Electronic Poll Books, Voting Systems to County Election Board - Sec. 2.2. (a) This section does not apply to an...
3-12-3-2.5. Central Counting Location - Sec. 2.5. (a) Not later than ten (10) days before...
3-12-3-3. Proceedings at Central Counting Location; Direction and Observation; Open to Public - Sec. 3. All proceedings at a central counting location shall...
3-12-3-4. Opening of Ballot Cards Container and Removal of Contents - Sec. 4. At a central counting location each container of...
3-12-3-5. Damaged or Defective Ballot Card; Absentee Ballot of Absent Uniformed Services Voter or Overseas Voter; Failure of Tabulating Machine - Sec. 5. (a) If a ballot card is damaged or...
3-12-3-6. Duplicate Ballot Card to Be Clearly Labeled and Bear Serial Number - Sec. 6. All duplicate ballot cards must: (1) be clearly...
3-12-3-7. Duplicate Ballot Card to Be Counted - Sec. 7. Each duplicate ballot card shall be counted instead...
3-12-3-8. Votes to Be Counted Manually if Automatic Tabulating Machines Test Not Conducted - Sec. 8. If a test of automatic tabulating machines required...
3-12-3-9. Manual Counting of Ballot Cards; Compliance With Tabulating Standards - Sec. 9. If ballot cards are counted manually, the tabulation...
3-12-3-10. Procedures After Vote Totals Have Been Taken and Certified; Ballot Cards and Automatic Tabulating Machines; Disposition; Inspector's Oath - Sec. 10. (a) After the voting totals have been taken...
3-12-3-11. Official Return of Precinct; Publication - Sec. 11. (a) The return printed by the automatic tabulating...
3-12-3-12. Casting of Votes by Absentee Voters; Counting - Sec. 12. Votes by absentee voters may be cast on...
3-12-3-12.5. Vote Count to Continue to Completion - Sec. 12.5. To minimize the delay in the counting of...
3-12-3-12.7. Required Use of a Universal Serial Bus (Usb) Drive Containing Anti-Malware Protection Features or Other Approved Data Storage Transfer Methods to Upload Unofficial Precinct Election Results - Sec. 12.7. (a) This section applies to a county that...
3-12-3-13. Recount; Procedure - Sec. 13. In case of a recount, all ballot cards...
3-12-3-14. Repealed - As added by P.L.3-1995, SEC.124. Repealed by P.L.193-2021, SEC.89.
Chapter 3.5. Counting of Electronic Voting System Votes
3-12-3.5-1. Application of Chapter; Vote Centers Treated as Precincts - Sec. 1. (a) This chapter applies to each precinct where...
3-12-3.5-1.1. Chapter Establishes Standards to Define Vote - Sec. 1.1. This chapter is enacted to comply with 52...
3-12-3.5-1.5. Closing of All Polls Located in One Room Before Vote Count - Sec. 1.5. If the polls for more than one (1)...
3-12-3.5-2. Announcement That Printout of Vote Available for Examination - Sec. 2. After each electronic voting system has been secured...
3-12-3.5-3. Certificates of Vote Result; Use of Verifiable Paper Audit Trail - Sec. 3. (a) When paper vote total printouts have been...
3-12-3.5-4. Delivery of Certificates - Sec. 4. The inspector and judge of the opposite political...
3-12-3.5-4.5. Securing and Returning Electronic Poll Books, Voting Systems to County Election Board - Sec. 4.5. (a) This section does not apply to an...
3-12-3.5-5. News Media Certificate - Sec. 5. Immediately upon completion of the vote count, each...
3-12-3.5-6. Vote Count to Continue to Completion - Sec. 6. To minimize the delay in the counting of...
3-12-3.5-7. Repealed - As added by P.L.3-1995, SEC.126. Repealed by P.L.193-2021, SEC.92.
3-12-3.5-8. "Audit Threshold Number"; "Judge"; Determination of Disparity Between Number of Votes and Number of Voters; Public Meeting of County Election Board; Audit and Notice of Audit; Secretary of State Report - Sec. 8. (a) As used in this section, "audit threshold...
Chapter 4. Canvassing Returns by County Election Board
3-12-4-1. Members of County Election Board to Canvass Votes in County - Sec. 1. The members of each county election board shall...
3-12-4-2. Repealed - [Pre-1986 Recodification Citation: 3-1-25-9.] As added by P.L.5-1986, SEC.8. Repealed...
3-12-4-3. Compensation of Members of County Election Board - Sec. 3. The members of a county election board shall...
3-12-4-4. Employment of Clerical Assistants and Write-in Teams; Nonpartisan Student Assistants - Sec. 4. (a) Each county election board may employ clerical...
3-12-4-5. Compensation of Clerical Assistants - Sec. 5. A county election board shall pay an assistant...
3-12-4-5.5. Chapter Establishes Standards to Define Vote - Sec. 5.5. This chapter is enacted to comply with 52...
3-12-4-6. Canvass of Certificates, Poll Lists, and Tally Papers Returned by Inspectors; Providing Room in Courthouse - Sec. 6. (a) At 6 p.m. on each election day,...
3-12-4-6.3. Entering of Unofficial Election Results Into Computerized List Beginning on Election Night - Sec. 6.3. (a) Beginning at 8 p.m. prevailing local time...
3-12-4-6.5. Required Use of a Universal Serial Bus (Usb) Drive Containing Anti-Malware Protection Features or Other Approved Data Storage Transfer Methods to Upload Unofficial Election Results - Sec. 6.5. (a) This section applies to a county that...
3-12-4-7. Counties Over 300,000; Providing of Assembly Room - Sec. 7. In each county having a population of more...
3-12-4-8. Examination and Comparison of Certificates, Poll Lists, and Tally Sheets; Aggregating and Tabulating Vote for County and Political Subdivision - Sec. 8. The county election board shall: (1) carefully examine...
3-12-4-9. Declaration of Candidate With Highest Vote Count; Tabulation of Votes for Public Question; Certification of Results - Sec. 9. (a) This subsection applies to: (1) a local...
3-12-4-10. Statement Prepared by Circuit Court Clerk; Contents; Copy for Candidate - Sec. 10. (a) The statement prepared under section 9 of...
3-12-4-11. Statement Prepared by Circuit Court Clerk; Signature of County Election Board - Sec. 11. Each member of the county election board shall...
3-12-4-12. Statement Prepared by Circuit Court Clerk; Copies to County Chairman of Each Political Party Upon Request - Sec. 12. After the county election board certifies the election...
3-12-4-13. Delivery of Canvass Sheets, Certificates, Poll Lists, and Tally Papers to Circuit Court Clerk - Sec. 13. After the county election board has tabulated the...
3-12-4-14. Tie Votes - Sec. 14. If two (2) or more candidates receive the...
3-12-4-15. Conditions Prohibiting Rejection of Certificates, Poll Lists, or Tally Papers; Return From Precinct Election Board - Sec. 15. A county election board may not reject the...
3-12-4-16. Repealed - [Pre-1986 Recodification Citation: 3-1-25-15 part.] As added by P.L.5-1986, SEC.8....
3-12-4-17. Repealed - [Pre-1986 Recodification Citation: 3-1-25-15 part.] As added by P.L.5-1986, SEC.8....
3-12-4-18. Electronic Voting Systems; Inspection of Registering Counter or Other Recording Device; Filing Notice of Order With Secretary of State; Time - Sec. 18. If electronic voting systems are used in a...
3-12-4-19. Electronic Voting Systems; Place of Inspection; Presence of Accredited Representative of Each Major Political Party - Sec. 19. To inspect an electronic voting system under section...
3-12-4-20. Electronic Voting Systems; Comparison of Number of Votes Registered on Counter With Returns Made by Precinct Election Board - Sec. 20. When making an inspection under section 18 of...
3-12-4-21. Electronic Voting Systems; Discrepancy Between Number of Votes Registered and Returns Made by Precinct Election Board; Correction - Sec. 21. If there is a discrepancy between the number...
3-12-4-22. Contested Election or Nomination; Recount; Corrected Returns as Prima Facie Evidence of Vote - Sec. 22. If a nomination or election is contested or...
3-12-4-23. Tally Papers - Sec. 23. The county election board shall have tally papers...
Chapter 5. Certificates of Election and Commissions
3-12-5-1. Statements to Election Division as to Certain Election Results; Issuance of Certificate - Sec. 1. (a) Whenever a candidate is elected to a...
3-12-5-1.5. Sending Certified Statements Electronically; Exceptions - Sec. 1.5. (a) This section applies to a statement required...
3-12-5-2. Office Not Commissioned by Governor; Delivery of Certificate of Candidate's Election on Demand - Sec. 2. (a) Whenever a candidate is elected: (1) to...
3-12-5-3. Unopposed Candidate for Local Office; Certification of Candidate as if Elected - Sec. 3. Whenever a candidate for a local office described...
3-12-5-4. Governor Not to Withhold Commission Because of Defect or Informality in Election Return to Election Division - Sec. 4. The governor may not withhold a commission because...
3-12-5-5. Governor and Lieutenant Governor; Certified Statements; Transmission of Statements - Sec. 5. (a) Not later than noon on the second...
3-12-5-6. Certified Statement of Number of Votes for Each Candidate - Sec. 6. (a) Not later than noon on the second...
3-12-5-7. Tabulation of Number of Votes Cast for Each Candidate - Sec. 7. Upon receipt of the certified statements from the...
3-12-5-8. Amendments to Certified Statements; Preparation of Commission and Transmittal to Certified Candidates - Sec. 8. (a) If, not later than the final date...
3-12-5-9. Candidates for United States Senator and United States Representative; Tabulation of Votes Cast for Each Candidate; Certificates of Election - Sec. 9. (a) Upon receipt of the certified statements from...
3-12-5-10. Candidate for United States Senator and United States Representative; Transmission of Certificate of Election; Seal and Attestation - Sec. 10. The election division shall transmit to each candidate...
3-12-5-11. Preparation of Certified Statement of Number of Votes Received by Candidate for Legislative Office in County; Transmittal to Election Division - Sec. 11. (a) As soon as practical, but no later...
3-12-5-12. Election Division to Total Statements From District and Prepare and Transmit Certificate of Election; Tie Votes - Sec. 12. (a) Upon receipt of the certified statements under...
3-12-5-13. Estimating, Aggregating, and Tabulating Total Number of Votes Evidenced by Face of Certified Statement - Sec. 13. The election division may not reject a certified...
3-12-5-14. Correction of Error in Certification of Vote - Sec. 14. (a) This section does not apply to the...
3-12-5-15. Failure or Refusal to Correct Error; Civil Action to Enforce Duty to Make Correction - Sec. 15. If a circuit court clerk or the election...
3-12-5-16. Certificate of Election; Issuance - Sec. 16. A certificate of election may not be issued...
3-12-5-17. Repealed - [Pre-1986 Recodification Citation: 3-2-7-7.] As added by P.L.5-1986, SEC.8. Repealed...
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 - Sec. 1. (a) Any candidate for nomination or election to...
3-12-6-1.2. Chapter Establishes Standards to Define Vote - Sec. 1.2. This chapter is enacted to comply with 52...
3-12-6-1.5. Chapter Applicable to Elections for Political Party Offices - Sec. 1.5. A candidate for election to precinct committeeman or...
3-12-6-2. Petition for Recount; Filing - Sec. 2. (a) A candidate who desires a recount of...
3-12-6-2.5. Petition for Recount; Filing Fee; Cause Number - Sec. 2.5. Upon the filing of a petition under section...
3-12-6-3. Petition for Recount; Content - Sec. 3. Each petition filed under section 2 of this...
3-12-6-4. Cross-Petition for Recount; Filing - Sec. 4. A candidate who is nominated or elected to...
3-12-6-5. Failure to File Cross-Petition or Answer to Petition for Recount - Sec. 5. The failure to file either a cross-petition or...
3-12-6-6. Cross-Petition for Recount; Contents - Sec. 6. Each cross-petition filed under section 4 of this...
3-12-6-7. Amendment of Petition or Cross-Petition - Sec. 7. (a) Except as provided in subsection (b), the...
3-12-6-8. Petition for Recount; Joinder; Consolidation; Exception; Transfer - Sec. 8. (a) Two (2) or more candidates for nomination...
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 - Sec. 9. (a) Upon the filing of a petition for...
3-12-6-9.5. Disqualification of Judge Where Recount Involves Court Assuming Jurisdiction - Sec. 9.5. If a recount involves the nomination or election...
3-12-6-10. Petitioner's Cash Deposit or Bond; Filing; Amounts; Cost of Recount; Unexpended Balance - Sec. 10. (a) Each petitioner shall furnish a cash deposit...
3-12-6-10.5. Petitioner's Cash Deposit; Deposit in County General Fund - Sec. 10.5. When a cash deposit is furnished under section...
3-12-6-11. Cross-Petitioner's Cash Deposit or Bond; Cost of Recount - Sec. 11. If a cross-petition is filed, each petitioner and...
3-12-6-12. Cost of Recount When Cash Deposit Not Made - Sec. 12. (a) This section does not apply to a...
3-12-6-13. Repealed - [Pre-1986 Recodification Citation: 3-1-27-3 part.] As added by P.L.5-1986, SEC.8....
3-12-6-13.5. Repealed - As added by P.L.3-1987, SEC.373. Repealed by P.L.10-1988, SEC.238.
3-12-6-14. Order of Recount and Appointment of Recount Commission; Conditions - Sec. 14. The court shall grant the petitions and cross-petitions...
3-12-6-15. Consolidated Recount of Votes - Sec. 15. If there is a consolidation of petitions and...
3-12-6-16. Recount Commission; Membership - Sec. 16. (a) A recount commission consists of three (3)...
3-12-6-17. Recount Commission; Compensation - Sec. 17. Each member of a recount commission is entitled...
3-12-6-17.5. Recount Commission and Other Recount Costs; Payment From County General Fund - Sec. 17.5. (a) If the amount of the cash deposit...
3-12-6-18. Certified Copy of Order to Candidates; Cost of Mailing - Sec. 18. On the day when the order of a...
3-12-6-19. Impoundment of Election Materials by Court; Recount Commission Orders; Copying Election Materials - Sec. 19. (a) A court ordering a recount under this...
3-12-6-19.5. Impounded Materials; Use of Copies Instead of Originals - Sec. 19.5. A circuit court clerk or board of registration...
3-12-6-20. Court Making Impounded Materials Available to Recount Commission - Sec. 20. A court acting under section 19 of this...
3-12-6-21. Recount; Place; Expeditious Completion; Watchers; Representatives; News Media; Powers and Duties of State Recount Commission - Sec. 21. (a) After a recount is ordered under section...
3-12-6-21.5. Ballot Card Voting Systems; Petition for Manual Count and Tabulation of Votes - Sec. 21.5. (a) A petition or cross-petition filed under this...
3-12-6-21.7. Duties of Recount Commission - Sec. 21.7. (a) Unless the recount commission makes a finding...
3-12-6-21.9. Recount; Date of Completion; Extension of Deadline - Sec. 21.9. (a) Except as provided in subsection (c), a...
3-12-6-22. Recount; Completion; Certificate - Sec. 22. (a) When a recount is completed by a...
3-12-6-22.5. Court Issuance of Order on Commission Certificate; Finality of Recount Decision; Appeal - Sec. 22.5. (a) After the commission files its certificate under...
3-12-6-23. Recount Certificate; Effect; Prima Facie Evidence of Votes Cast - Sec. 23. A recount certificate made under section 22 of...
3-12-6-24. Repealed - [Pre-1986 Recodification Citation: 3-1-27-14 part.] As added by P.L.5-1986, SEC.8....
3-12-6-25. Repealed - [Pre-1986 Recodification Citation: 3-1-27-14 part.] As added by P.L.5-1986, SEC.8....
3-12-6-26. Repealed - [Pre-1986 Recodification Citation: 3-1-27-14 part.] As added by P.L.5-1986, SEC.8....
3-12-6-27. Votes Cast in More Than One County; Difference Between Recount Certificate and County Election Board Tabulation; Correction of Certificate - Sec. 27. If a recount is made under this chapter...
3-12-6-28. Transmittal of Certificate Showing Votes Cast - Sec. 28. (a) A circuit court clerk shall immediately transmit...
3-12-6-29. Tabulation of Vote in Accordance With Certificate - Sec. 29. Upon receipt of a circuit court clerk's 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 - Sec. 30. If a recount is made under this chapter...
3-12-6-31. Single County Nominations or Elections; Transmittal of Certificate Showing Corrected Vote Total - Sec. 31. (a) The circuit court clerk shall transmit the...
3-12-6-32. Certificate of Nomination, Election, or Commission for Office - Sec. 32. The candidate shown by a corrected vote tabulation...
3-12-6-33. Vacation of Office by Person in Possession - Sec. 33. On the demand of a person receiving a...
Chapter 7. Repealed - [Pre-1986 Recodification Citations: Repealed by P.L.3-1987, SEC.570.
Chapter 8. Contest Procedures for Nomination for or Election to Local or School Board Offices
3-12-8-1. Persons Entitled to Contest - Sec. 1. (a) This section does not apply to a...
3-12-8-2. Grounds for Contest - Sec. 2. An election may be contested under section 1...
3-12-8-2.5. Chapter Establishes Standards to Define Vote; Exception - Sec. 2.5. (a) This section does not apply to a...
3-12-8-3. Repealed - [Pre-1986 Recodification Citation: 3-1-28-3 part.] As added by P.L.5-1986, SEC.8....
3-12-8-4. Repealed - [Pre-1986 Recodification Citation: 3-1-28-3 part.] As added by P.L.5-1986, SEC.8....
3-12-8-5. Contest of Election or Nomination; Filing of Verified Petition; Elections in Different Municipalities - Sec. 5. (a) A candidate who desires to contest an...
3-12-8-5.5. Verified Petition; Filing Fee; Cause Number - Sec. 5.5. Upon the filing of a petition under section...
3-12-8-6. Contest of Election; Content of Verified Petition - Sec. 6. (a) A petition filed under section 5 of...
3-12-8-6.5. Amendment of Verified Petition - Sec. 6.5. (a) Except as provided in subsection (b), the...
3-12-8-7. Repealed - [Pre-1986 Recodification Citation: 3-1-28-4(a) part.] As added by P.L.5-1986, SEC.8....
3-12-8-8. Notice of Contest; Service of Notice - Sec. 8. (a) Upon the filing of a petition for...
3-12-8-9. Service of Summons - Sec. 9. The sheriff shall serve the notice required by...
3-12-8-10. Appearance and Answer by Contestee; Time; Defense, Answer, or Special Answer - Sec. 10. The contestee shall appear and answer the petition...
3-12-8-11. Party to Proceeding; Stating Right or Claim by Answer or Counterclaim - Sec. 11. Any other person who was a candidate at...
3-12-8-12. Repealed - [Pre-1986 Recodification Citation: 3-1-28-4(b).] As added by P.L.5-1986, SEC.8. Repealed...
3-12-8-13. Repealed - [Pre-1986 Recodification Citation: 3-1-28-5 part.] As added by P.L.5-1986, SEC.8....
3-12-8-14. Repealed - [Pre-1986 Recodification Citation: 3-1-28-5 part.] As added by P.L.5-1986, SEC.8....
3-12-8-15. Venue of Trial of Contest for Office - Sec. 15. A contest for an office for which the...
3-12-8-16. Hearing; Date - Sec. 16. The court shall fix a date within twenty...
3-12-8-17. Hearing and Determination of Contest; Judgment Declaring Candidate Elected or Nominated; Ineligible Contestee Only Candidate; Candidate or Office Vacancy; Order for Special Election - Sec. 17. (a) A contest shall be heard and determined...
3-12-8-17.5. Special Election; Corrected Canvass of Votes; Certificate of Election - Sec. 17.5. (a) After a special election ordered under section...
3-12-8-18. Hearing; Circuit Court Clerk to Certify Determination - Sec. 18. A circuit court clerk shall certify the determination...
3-12-8-19. Hearing; Judgment and Determination of Court Final - Sec. 19. The judgment and determination of a court under...
3-12-8-20. Disqualification of Judge; Certification; Appointment of Special Judge - Sec. 20. If a contest involves the nomination or election...
3-12-8-21. Vacation of Office by Person in Possession - Sec. 21. On demand of a person receiving a commission...
3-12-8-22. Election Contest; Costs Included - Sec. 22. (a) The costs of a contest may include...
Chapter 9. Resolving Tie Votes
3-12-9-1. Special Election for Tie Vote; Primary Election - Sec. 1. (a) Whenever a tie vote at an election...
3-12-9-2. Offices of Governor and Lieutenant Governor; Majority of State Senate and House of Representatives Meeting in Joint Session to Elect - Sec. 2. Whenever a tie vote at an election for...
3-12-9-3. Local, Circuit, or School Board Office; Written Notice of Tie Vote to Fiscal Body - Sec. 3. Whenever a circuit court clerk receives certification that...
3-12-9-4. Local, Circuit, or School Board Office; Filling Office - Sec. 4. (a) The fiscal body of a political subdivision...
3-12-9-5. State, Local, or School Board Offices; Official to Remain in Office Until Successor Is Elected and Qualified - Sec. 5. Whenever a tie vote at an election for:...
3-12-9-6. Filing of Recount Petition or Contesting of Nomination or Election - Sec. 6. This chapter does not prohibit: (1) a candidate...
3-12-9-7. Tie Vote on Public Question - Sec. 7. If a tie vote occurs on a public...
Chapter 10. State Recount Commission
3-12-10-1. Establishment of Commission - Sec. 1. The state recount commission is established. As added...
3-12-10-2. Repealed - As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.385; P.L.10-1988,...
3-12-10-2.1. Members - Sec. 2.1. (a) Except as provided in this section, the...
3-12-10-2.2. State Recount Fund; Purpose; Administration; Expenses; Reversion to General Fund; Appropriations - Sec. 2.2. (a) The state recount fund is established for...
3-12-10-2.5. Recount Director - Sec. 2.5. The state recount commission shall employ and set...
3-12-10-3. Per Diem; Expenses - Sec. 3. (a) Each member of the state recount commission...
3-12-10-4. Recount and Contest Proceedings - Sec. 4. (a) The state recount commission shall conduct recount...
3-12-10-5. Powers; Rules - Sec. 5. (a) The state recount commission may, to comply...
3-12-10-5.5. Impoundment; Use of Copies of Election Material - Sec. 5.5. A circuit court clerk or board of registration...
3-12-10-6. Election Records or Equipment; Impoundment, Possession, Transportation, or Protection - Sec. 6. Without the filing of a petition under IC...
3-12-10-7. Delegation of Powers - Sec. 7. (a) The state recount commission may designate one...
3-12-10-8. State Board of Accounts; Conduct of Recount or Other Contest Proceedings - Sec. 8. The state board of accounts shall conduct any...
3-12-10-9. State Police Department; Duties - Sec. 9. The state police department shall: (1) serve any...
3-12-10-10. Secretary of State; Assignment of Staff and Facilities - Sec. 10. The secretary of state may assign any of...
3-12-10-11. Reimbursement of Agencies or Offices for Expenses - Sec. 11. The state recount commission shall reimburse any agency...
3-12-10-12. Expenses of Recount; Expenses Reimbursed; Claims for Expenses - Sec. 12. (a) The expenses of a recount conducted by...
3-12-10-12.5. Electronic Mail Filings; Not Applicable to Recount Petition, Contest Petition, or Cross-Petition - Sec. 12.5. (a) This section does not apply to the...
3-12-10-13. Reimbursement by Candidate Filing Petition; Petitioner's Liability for Expenses of Another Party - Sec. 13. (a) This section does not apply to a...
3-12-10-14. Reimbursement by Candidate Filing Cross-Petition or Opposing Party in a Contest Action - Sec. 14. (a) This section does not apply to: (1)...
3-12-10-15. Determination of Expenses - Sec. 15. The state recount commission shall determine the expenses...
3-12-10-16. Application of Ic 4-21.5 - Sec. 16. IC 4-21.5 does not apply to the state...
3-12-10-17. Stay of Court Action Pending Final Determination by Recount Commission - Sec. 17. Any court action related to the election for...
3-12-10-18. Judicial Review - Sec. 18. (a) Any party to a final determination of...
Chapter 11. Recount and Contest Procedures for Presidential Primary Elections and Nomination for and Election to Federal, State, and Legislative Offices
3-12-11-1. Right to Recount of Vote or to Contest Nomination or Election of a Candidate - Sec. 1. (a) Except as provided in subsection (d), any...
3-12-11-1.5. Chapter Establishes Standards to Define Vote in Recount - Sec. 1.5. This chapter is enacted to comply with 52...
3-12-11-2. Filing of Verified Petition - Sec. 2. (a) A candidate who desires: (1) a recount...
3-12-11-3. Content of Petition - Sec. 3. (a) Each petition for a recount filed under...
3-12-11-4. Cross-Petition for Recount - Sec. 4. A candidate who is nominated or elected to...
3-12-11-5. Failure to File Cross-Petition or Answer to a Petition; Admission of Truth; Presumption - Sec. 5. The failure to file either a cross-petition or...
3-12-11-6. Contents of Cross-Petition - Sec. 6. Each cross-petition filed under section 4 of this...
3-12-11-7. Amendment of Petition or Cross-Petition - Sec. 7. (a) Except as provided in subsection (b) or...
3-12-11-8. Multiple Candidates Joining in Petition for Recount or Contest - Sec. 8. Two (2) or more candidates for the same...
3-12-11-9. Notice of Filing of Petition for Recount; Service and Return - Sec. 9. (a) Upon the filing of a petition for...
3-12-11-10. Cash Deposit for Payment of Costs by Petitioner; Appointment of Commission Member Proxy - Sec. 10. (a) Each petitioner shall furnish a cash deposit...
3-12-11-11. Cash Deposit by Cross-Petitioner - Sec. 11. (a) This section applies if a cross-petition is...
3-12-11-12. Conditions for Accepting Petitions and Cross-Petitions and Ordering Recounts; Dismissal of Petitions; Notice - Sec. 12. (a) Except as provided in subsection (d) or...
3-12-11-13. Consolidated Recount - Sec. 13. If there is a consolidation of petitions and...
3-12-11-14. Precincts Eligible for Recount - Sec. 14. The state recount commission shall conduct a recount...
3-12-11-15. Repealed - As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.406; P.L.3-1997,...
3-12-11-16. Impoundment of Election Materials - Sec. 16. (a) Except as provided in subsection (b), the...
3-12-11-17. Convening of State Recount Commission; Hearing on Petition and Recount - Sec. 17. (a) After a recount is ordered under section...
3-12-11-17.5. Petition for Manual Recount of Ballot Cards; Withdrawal of Petition - Sec. 17.5. (a) A petition or cross-petition filed under this...
3-12-11-17.7. Duties of Recount Commission - Sec. 17.7. (a) This section applies to ballots cast by...
3-12-11-18. Certification of Recount Results; Final Determination of Candidate Eligibility; Special Election Order - Sec. 18. (a) When a recount is completed by the...
3-12-11-19. Recount Certificate; Certified Copy as Prima Facie Evidence of Votes Cast - Sec. 19. Except in recount proceedings for an election to...
3-12-11-19.5. Recount or Contest Proceeding for Presidential Electors; Conclusion - Sec. 19.5. As required under 3 U.S.C. 5, any recount...
3-12-11-20. Recount for Offices of Governor and Lieutenant Governor; Certified Statements - Sec. 20. (a) On the day following the completion of...
3-12-11-21. Recount for Legislative Office; Deadline; Certification of Results - Sec. 21. (a) Except as provided in subsection (b), a...
3-12-11-22. Effect of Certified Statement on Candidate's Eligibility for Office - Sec. 22. A statement prepared under section 20 or 21...
3-12-11-23. Recount for Federal Office or Certain State Offices; Correction of Tabulation - Sec. 23. (a) If a recount is made: (1) in...
3-12-11-24. Certificate of Nomination or Election or Commission for Office - Sec. 24. The candidate shown by a corrected vote tabulation...
3-12-11-25. Determination of Candidate Ineligibility; Certification of Runner-Up; Governor Appointment; Effect on Votes Cast - Sec. 25. (a) Except as provided in subsection (b), whenever...
Chapter 12. Recount Procedures for Public Questions
3-12-12-1. Voters Entitled to Recount - Sec. 1. (a) Any voter who satisfies both of the...
3-12-12-1.5. Chapter Establishes Standards to Define Vote in Recount - Sec. 1.5. This chapter is enacted to comply with 52...
3-12-12-1.7. "Petitioner" - Sec. 1.7. As used in this chapter, "petitioner" refers to...
3-12-12-2. Filing of Petition - Sec. 2. A voter who desires a recount under this...
3-12-12-3. Petition Contents - Sec. 3. Each petition filed under section 2 of this...
3-12-12-4. Signatures by Voters; Percentage - Sec. 4. The petition filed under section 2 of this...
3-12-12-5. Cash Deposit or Bond to Accompany Petition - Sec. 5. (a) Each petition filed under section 2 of...
3-12-12-6. Payment of Costs Upon Failure to Provide Cash Deposit - Sec. 6. (a) This section does not apply to a...
3-12-12-7. Multiple Petitions in Single County - Sec. 7. If more than one (1) petition is filed...
3-12-12-8. Petitions in Multiple Counties; Jurisdiction - Sec. 8. If petitions are filed under section 2 of...
3-12-12-9. Order of Recount - Sec. 9. Upon the filing of a petition and bond...
3-12-12-10. Consolidated Petitions and Orders - Sec. 10. If there is a consolidation of petitions, the...
3-12-12-11. Recount Commission; Membership - Sec. 11. (a) A recount commission consists of three (3)...
3-12-12-12. Compensation of Commission Members - Sec. 12. Each member of a recount commission is entitled...
3-12-12-13. Sending Copy of Recount Order - Sec. 13. On the day when the order of a...
3-12-12-14. Impoundment and Protection of Voting Equipment and Materials - Sec. 14. (a) A court ordering a recount under this...
3-12-12-15. Copies of Impounded Materials - Sec. 15. A circuit court clerk or board of registration...
3-12-12-16. Access to Impounded Materials - Sec. 16. A court acting under section 14 of this...
3-12-12-17. Recount by Commission; Watchers - Sec. 17. (a) After a recount is ordered under section...
3-12-12-18. Manual Recount Request; Withdrawal - Sec. 18. (a) A petition filed under this chapter may...
3-12-12-19. Certificate of Recount Totals - Sec. 19. When a recount is completed by a recount...
3-12-12-20. Effect of Recount Certificate - Sec. 20. A recount certificate made under section 19 of...
3-12-12-21. Finality of Commission Determination; Appeal - Sec. 21. The determination of a recount commission under section...
3-12-12-22. Multiple County Elections; Differences in Vote Totals; Certificate of Corrected Totals - Sec. 22. (a) This section does not apply to a...
3-12-12-23. Statewide Public Questions; Recounts; Certificate of Corrected Vote Totals; Certificate of Approval or Rejection - Sec. 23. (a) This section applies to a recount of:...
3-12-12-24. Repealed - As added by P.L.10-1988, SEC.181. Repealed by P.L.4-1991, SEC.147.
3-12-12-25. Single County Elections; Differences in Vote Totals; Certificate of Corrected Totals - Sec. 25. If a recount is made for a public...
3-12-12-26. Local Public Questions; Recounts; Transmittal of Certificate of Corrected Totals; Certificate of Approval or Rejection - Sec. 26. (a) This section applies to a recount of...
Chapter 13. Risk-Limiting Audits
3-12-13-1. "County Election Board" - Sec. 1. For purposes of this chapter, a reference to...
3-12-13-2. "Incorrect Outcome" - Sec. 2. As used in this chapter, "incorrect outcome" means...
3-12-13-3. "Post-Election Audit" - Sec. 3. As used in this chapter, "post-election audit" means...
3-12-13-4. Designation of Counties as Post-Election Audit Counties - Sec. 4. (a) The secretary of state may designate counties...
3-12-13-5. Elections Subject to Post-Election Audits - Sec. 5. (a) The secretary of state shall determine the...
3-12-13-6. Waiver of Requirements - Sec. 6. (a) The secretary of state may waive the...
3-12-13-7. Secretary of State Administrative Orders - Sec. 7. (a) The secretary of state shall issue orders...
Chapter 14. Election Procedure Audits
3-12-14-1. "County Election Board" - Sec. 1. For purposes of this chapter, a reference to...
3-12-14-2. "Procedure Audit" - Sec. 2. As used in this chapter, "procedure audit" refers...
3-12-14-3. When Procedure Audit May Be Conducted; Scope of Audit - Sec. 3. (a) The secretary of state, with the consent...
3-12-14-4. Secretary of State Administrative Orders; Factors Evaluated by Procedure Audit; Statistical Procedures - Sec. 4. (a) The secretary of state shall issue orders...
3-12-14-5. Training Program for County Election Officials - Sec. 5. The secretary of state may develop and administer...
3-12-14-6. Secretary of State to Supervise Procedure Audits - Sec. 6. The secretary of state shall supervise a county...
3-12-14-7. Providing Results of Procedure Audit - Sec. 7. A county election board that conducts a procedure...