CHAPTER 10. STATE RECOUNT COMMISSION
IC 3-12-10
Chapter 10. State Recount Commission
IC 3-12-10-1
Establishment of commission
Sec. 1. The state recount commission is established.
As added by P.L.7-1986, SEC.18. Amended by P.L.11-1993, SEC.4.
IC 3-12-10-2
Repealed
(Repealed by P.L.8-1995, SEC.71.)
IC 3-12-10-2.1
Members
Sec. 2.1. (a) Except as provided in this section, the secretary ofstate and the designee of the state chairman of each of the majorpolitical parties of the state shall serve as members of the staterecount commission.
(b) Except as provided in this section, the secretary of state shallserve as the chair of the state recount commission.
(c) If an election to the office of secretary of state is the subject ofa petition filed under IC 3-12-11, final determination of all petitionsfiled under IC 3-12-11 relating to that election must be made beforeJanuary 1 after the election.
(d) The secretary of state may not serve on the commission if thesecretary of state is:
(1) a petitioner under IC 3-12-11; or
(2) named as a candidate in a petition under IC 3-12-11;
until the commission makes a final determination under IC 3-12-11of all related petitions in which the secretary of state is a petitioneror is named.
(e) If the secretary of state may not serve on the commissionunder subsection (d), the state chairman of the same major politicalparty as the secretary of state shall designate another individual toserve as a member and chair of the commission. The other individualmust have voted in the most recent primary election of the politicalparty of the state chairman making the appointment. The individualserves until the commission issues its final determination of allpetitions relating to the election that are described in subsection (d).The secretary of state shall then resume as a member and thechairman of the state recount commission.
(f) An individual who serves on the state recount commission assecretary of state ceases to be a member of the commission when theindividual ceases to be secretary of state.
As added by P.L.8-1995, SEC.56.
IC 3-12-10-2.2
Purpose; administration; expenses; reversion to general fund;appropriations
Sec. 2.2. (a) The state recount fund is established for the purpose
of receiving, holding, and disbursing funds as a fiduciary for the staterecount commission and individuals who have provided a cashdeposit under this article. The fund shall be administered by theadministrative division of the office of the secretary of state.
(b) The expenses of administering the fund shall be paid frommoney in the fund.
(c) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
(d) All money accruing to the fund is appropriated continuouslyfor the purposes specified in subsection (a).
As added by P.L.176-1999, SEC.104.
IC 3-12-10-2.5
Recount director
Sec. 2.5. The state recount commission shall employ and set thesalary of a recount director. The recount director shall perform thetasks delegated to the director by the commission.
As added by P.L.3-1987, SEC.386.
IC 3-12-10-3
Per diem; expenses
Sec. 3. (a) Each member of the state recount commission otherthan the secretary of state is entitled to the minimum salary per diemprovided by IC 4-10-11-2.1(b).
(b) Each member of the state recount commission is entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the department ofadministration and approved by the state budget agency.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.387.
IC 3-12-10-4
Recount and contest proceedings
Sec. 4. (a) The state recount commission shall conduct recountproceedings under IC 3-12-11 resulting from:
(1) a presidential primary election;
(2) the nomination of a candidate to a federal, state, orlegislative office in a primary election; or
(3) an election for a federal, state, or legislative office.
(b) The state recount commission shall conduct contestproceedings under IC 3-12-11 resulting from:
(1) a presidential primary election;
(2) the nomination of a candidate to a federal, state, orlegislative office in a primary election; or
(3) an election for a federal, state, or legislative office.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.388;P.L.10-1988, SEC.163; P.L.14-2004, SEC.163.
IC 3-12-10-5
Powers; rules Sec. 5. (a) The state recount commission may, to comply withsection 4 of this chapter:
(1) impound, take possession of, transport, or otherwise protectany election records or equipment related to a recount orcontest;
(2) issue subpoenas, discovery orders, and protective orders;
(3) conduct and regulate the course of hearings and otherproceedings;
(4) manage its internal affairs;
(5) adopt rules under IC 4-22-2; or
(6) exercise any other necessary power to perform its functionsunder this article.
(b) Rules adopted by the state recount commission for the conductof a recount or contest proceeding must uniformly apply throughoutIndiana.
(c) An impoundment order issued under subsection (a)(1) may notprevent a circuit court clerk or board of registration from copyingelection material other than ballots if the clerk or board copies thematerial under the supervision of the state police department.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.389.
IC 3-12-10-5.5
Impoundment; use of copies of election material
Sec. 5.5. A circuit court clerk or board of registration may use acopy of election material other than ballots made under section 5 ofthis chapter instead of an original subject to an impoundment orderunder that section until the commission orders the release of theoriginal.
As added by P.L.3-1987, SEC.390.
IC 3-12-10-6
Election records or equipment; impoundment, possession,transportation, or protection
Sec. 6. Without the filing of a petition under IC 3-12-11, the staterecount commission may impound, take possession of, transport, orotherwise protect any election records or equipment that thecommission determines may be the subject of:
(1) a recount proceeding; or
(2) a contest proceeding conducted by the state recountcommission under IC 3-12-11.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.391;P.L.10-1988, SEC.164.
IC 3-12-10-7
Delegation of powers
Sec. 7. (a) The state recount commission may designate one (1) ormore members of the commission or one (1) or more other personsto exercise any of its powers, other than the:
(1) final adoption of rules;
(2) final determination of a recount under IC 3-12-11; or (3) final determination of a contest under IC 3-12-11.
(b) Each person designated by the commission under subsection(a) who is not a member of the commission must be an attorney (asdefined in IC 23-1.5-1-4).
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.392.
IC 3-12-10-8
State board of accounts; conduct of recount or other contestproceedings
Sec. 8. The state board of accounts shall conduct any recount orother contest proceeding ordered by the state recount commission inaccordance with this article and guidelines adopted by thecommission.
As added by P.L.7-1986, SEC.18. Amended by P.L.176-1999,SEC.105.
IC 3-12-10-9
State police department; duties
Sec. 9. The state police department shall:
(1) serve any notices or other papers;
(2) secure or transport any election records or equipment; and
(3) perform any other law enforcement duties;
ordered by the state recount commission.
As added by P.L.7-1986, SEC.18.
IC 3-12-10-10
Secretary of state; assignment of staff and facilities
Sec. 10. The secretary of state may assign any of the electiondivision's staff and facilities to the state recount commission to carryout the commission's responsibilities.
As added by P.L.7-1986, SEC.18. Amended by P.L.8-1995, SEC.57.
IC 3-12-10-11
Reimbursement of agencies or offices for expenses
Sec. 11. The state recount commission shall reimburse any agencyor office described in sections 8, 9, and 10 of this chapter that incursany expense to carry out the responsibilities of the commission inconformity with the policies and procedures established by the statebudget agency.
As added by P.L.7-1986, SEC.18.
IC 3-12-10-12
Expenses of recount; expenses not reimbursed
Sec. 12. (a) The expenses of a recount conducted by the staterecount commission shall be paid from the state recount fundfollowing the commission's determination of whether a full or partialrefund of the cash deposit should be granted under IC 3-12-11-10.
(b) The expenses of a contest conducted by the state recountcommission shall be paid from the state recount fund.
(c) Notwithstanding subsections (a) and (b), the expenses incurred
by a party to a recount or contest for:
(1) the appearance of an individual; or
(2) the copying or production of documents;
in response to a subpoena approved by the state recount commissionshall be borne by that party and are not subject to reimbursementunder this chapter.
(d) A person (other than a party to a recount or contest) whoclaims reimbursement of expenses described by subsection (a) or (b)must submit a claim to the state recount commission not later thannoon sixty (60) days after the commission adopts a final orderconcerning the recount or contest. If the commission approves theclaim, the treasurer of state shall issue a warrant to the person inaccordance with IC 5-13-5.
(e) There is appropriated to the state recount fund from the stategeneral fund an amount sufficient for the state recount commission'suse in the payment of expenses under this section.
As added by P.L.7-1986, SEC.18. Amended by P.L.10-1988,SEC.165; P.L.176-1999, SEC.106; P.L.14-2004, SEC.164.
IC 3-12-10-13
Reimbursement by candidate filing petition; petitioner's liabilityfor expenses of another party
Sec. 13. (a) This section does not apply to a petitioner who isdetermined to have been nominated or elected after the recount or thecontest.
(b) A candidate filing a petition under IC 3-12-11 shall reimbursethe state for the expenses of the state recount commission in theamount of the cash deposit required for a recount underIC 3-12-11-10 or a contest under IC 3-12-11-11. However, thepetitioner is not liable for the expenses chargeable to another partyunder section 14 of this chapter.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.393;P.L.8-1995, SEC.58.
IC 3-12-10-14
Reimbursement by candidate filing cross-petition or opposingparty in a contest action
Sec. 14. (a) This section does not apply to:
(1) a cross-petitioner who is determined to have been nominatedor elected after a recount; or
(2) an opposing party in a contest action who prevails.
(b) A candidate filing a cross-petition under IC 3-12-11 or anopposing party in a contest action under IC 3-12-11 shall reimbursethe state for the expenses of the state recount commission in theamount of the cash deposit required under IC 3-12-11-11.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.394;P.L.8-1995, SEC.59.
IC 3-12-10-15
Determination of expenses Sec. 15. The state recount commission shall determine theexpenses chargeable to a person under sections 13 and 14 of thischapter.
As added by P.L.7-1986, SEC.18.
IC 3-12-10-16
Application of IC 4-21.5
Sec. 16. IC 4-21.5 does not apply to the state recount commission.
As added by P.L.7-1986, SEC.18. Amended by P.L.7-1987, SEC.2.
IC 3-12-10-17
Stay of court action pending final determination by recountcommission
Sec. 17. Any court action related to the election for an office thatis the subject of a:
(1) recount proceeding under IC 3-12-11; or
(2) contest proceeding under IC 3-12-11;
is stayed until the state recount commission has rendered a finaldetermination.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.395.
IC 3-12-10-18
Judicial review
Sec. 18. Any party to a final determination of the state recountcommission concerning a nomination subject to IC 3-12-11 orelection to a state office other than governor or lieutenant governormay file a petition with the Marion County circuit court for judicialreview of the determination no later than noon thirty (30) days afternotice of the determination is served on the party. If the court findsthat a party has been substantially prejudiced by commission actionthat is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise notin accordance with law;
(2) contrary to constitutional right, power, privilege, orimmunity;
(3) in excess of statutory jurisdiction, authority, or limitations,or short of statutory right; or
(4) without observance of procedure required by law;
the court may set aside the final determination of the commission.The court may remand the case to the commission for furtherproceedings and compel commission action that has beenunreasonably delayed or unlawfully withheld.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.396;P.L.10-1988, SEC.166.