CHAPTER 11. RECOUNT AND CONTEST PROCEDURES FOR PRESIDENTIAL PRIMARY ELECTIONS AND NOMINATION FOR AND ELECTION TO FEDERAL, STATE, AND LEGISLATIVE OFFICES
IC 3-12-11
Chapter 11. Recount and Contest Procedures for PresidentialPrimary Elections and Nomination for and Election to Federal, State,and Legislative Offices
IC 3-12-11-1
Right to recount of vote or to contest nomination or election of acandidate
Sec. 1. (a) Any candidate:
(1) in a presidential primary election;
(2) for nomination to a federal, state, or legislative office in aprimary election; or
(3) for a federal, state, or legislative office;
is entitled to have the votes cast for that office recounted or tocontest the nomination or election of a candidate under this chapter.A recount may be conducted in one (1) or more of the precincts inwhich votes were cast for the office.
(b) This subsection applies to an election for a federal orstatewide office. If a candidate who is entitled to file a petition for arecount or contest under this chapter does not file a petition withinthe period established by section 2 of this chapter, the state chairmanof the candidate's political party may file a petition to:
(1) have the votes recounted in one (1) or more precincts; or
(2) contest the nomination or election of a candidate.
(c) This subsection applies to an election for a legislative office.If a candidate who is entitled to file a petition for a recount or contestunder this chapter does not file a petition within the periodestablished by section 2 of this chapter, a county chairman who:
(1) resides in a county located within the election district inwhich the recount or contest is desired; and
(2) is a member of the same political party as the candidateentitled to petition for a recount or contest under this chapter;
may file a petition to have the votes recounted in one (1) or moreprecincts or to contest the nomination or election of a candidate.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988,SEC.167; P.L.4-1996, SEC.81.
IC 3-12-11-1.5
Chapter establishes standards to define vote in recount
Sec. 1.5. This chapter is enacted to comply with 42 U.S.C. 15481by establishing uniform and nondiscriminatory standards to definewhat will be counted as a vote on a paper ballot, an optical scanvoting system, or an electronic voting system in a recount conductedunder this chapter.
As added by P.L.209-2003, SEC.190.
IC 3-12-11-2
Filing of verified petition
Sec. 2. (a) A candidate who desires: (1) a recount of votes cast for a nomination or election subjectto this chapter; or
(2) to contest a nomination subject to this chapter or theelection of a state office other than governor or lieutenantgovernor;
must file a verified petition with the election division not later thannoon fourteen (14) days after election day.
(b) A state or county chairman who is entitled to and desires tofile a petition for a recount or contest under this chapter must file averified petition with the election division not later than noonseventeen (17) days after election day.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.397;P.L.10-1988, SEC.168; P.L.4-1996, SEC.82; P.L.3-1997, SEC.367;P.L.221-2005, SEC.122.
IC 3-12-11-3
Content of petition
Sec. 3. (a) Each petition for a recount filed under section 2 of thischapter must state the following:
(1) The office for which the petitioner desires a recount.
(2) The precincts in which the petitioner desires a recount.
(3) That the individual is entitled to a recount under this chapterand that the nomination or election to office at issue was votedupon in the precincts specified.
(4) The name of the candidates as set forth on the ballot for theelection and address of the candidates as set forth in the recordsof the election division.
(5) That the petitioner in good faith believes that the votes castfor nomination or election to the office at the election in theprecincts were not correctly counted and returned.
(6) That the petitioner desires a recount of all of the votes castfor nomination or election to the office in the precinctsspecified.
(b) Each petition for a contest filed under section 2 of this chaptermust state the following:
(1) The nomination or election to office that the petitionercontests.
(2) That the individual is entitled to contest an election or anomination to office under this chapter.
(3) The name of the candidates as set forth on the ballot for theelection and address of each of the candidates as set forth in therecords of the election division.
(4) That the petitioner in good faith believes that one (1) ormore of the following occurred:
(A) The person declared nominated or elected does notcomply with a specific constitutional or statutoryrequirement set forth in the petition that is applicable to acandidate for the office.
(B) A mistake was made in the printing or distribution ofballots used in the election that makes it impossible to
determine which candidate received the highest number ofvotes cast in the election.
(C) A mistake occurred in the programming of an electronicvoting system, making it impossible to determine thecandidate who received the highest number of votes.
(D) An electronic voting system malfunctioned, making itimpossible to determine the candidate who received thehighest number of votes.
(E) A deliberate act or series of actions occurred making itimpossible to determine the candidate who received thehighest number of votes cast in the election.
(c) A petition stating that the petitioner believes that a mistakedescribed in subsection (b)(4)(B), (b)(4)(C), or (b)(4)(D) hasoccurred must identify each precinct in which:
(1) ballots:
(A) containing the printing mistake; or
(B) distributed by mistake;
were cast;
(2) a mistake occurred in the programming of an electronicvoting system; or
(3) an electronic voting system malfunctioned.
(d) A petition stating that the petitioner believes that an act orseries of actions described in subsection (b)(4)(E) occurred mustidentify each precinct or other location in which the act or series ofactions occurred to the extent known to the petitioner.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.398;P.L.10-1988, SEC.169; P.L.10-1989, SEC.15; P.L.3-1995, SEC.129;P.L.4-1996, SEC.83; P.L.176-1999, SEC.107; P.L.221-2005,SEC.123.
IC 3-12-11-4
Cross-petition for recount
Sec. 4. A candidate who is nominated or elected to an office at anelection on the face of the election returns may file a verifiedcross-petition for a recount with the election division not later thannoon twenty-one (21) days after election day.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.399;P.L.10-1988, SEC.170; P.L.4-1996, SEC.84; P.L.3-1997, SEC.368;P.L.164-2006, SEC.128.
IC 3-12-11-5
Failure to file cross-petition or answer to a petition; admission oftruth; presumption
Sec. 5. The failure to file either a cross-petition or an answer to apetition for a recount or contest does not:
(1) constitute an admission of the truth of the allegations of thepetition; or
(2) imply a presumption in favor of the petition.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.400.
IC 3-12-11-6
Contents of cross-petition
Sec. 6. Each cross-petition filed under section 4 of this chaptermust state the following:
(1) The office for which the cross-petitioner desires a recount.
(2) The precincts in which the cross-petitioner desires a recount.
(3) That the cross-petitioner was a candidate at the election fornomination or election to the office and that the nomination orelection to office was voted upon in the precincts specified.
(4) The name and address of the cross-petitioner's opposingcandidate or candidates.
(5) That the cross-petitioner in good faith believes that the votescast for nomination or election to the office at the election inthe precincts were not correctly counted and returned.
(6) That the cross-petitioner desires a recount of all of the votescast for nomination or election to the office in the precinctsspecified.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988,SEC.171.
IC 3-12-11-7
Amendment of petition or cross-petition
Sec. 7. (a) Except as provided in subsection (b) or (c), the staterecount commission may allow a petition or cross-petition to beamended at any time upon the terms and conditions that the staterecount commission orders.
(b) The commission may not allow a petition or cross-petition tobe amended following the deadline for filing a petition orcross-petition under this chapter if the petition or cross-petition asoriginally filed:
(1) failed to comply with section 3 or section 6 of this chapter;or
(2) was not filed before the deadline specified in section 2 orsection 4 of this chapter.
(c) The commission may not allow a candidate who filed apetition or cross-petition to amend the petition or cross-petition bystriking a precinct in which the candidate had desired a recountunless each opposing candidate consents to the amendment.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.401;P.L.176-1999, SEC.108.
IC 3-12-11-8
Multiple candidates joining in petition for recount or contest
Sec. 8. Two (2) or more candidates for the same or a differentoffice nominated or elected at the same election may join in apetition for a recount or contest.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988,SEC.172.
IC 3-12-11-9
Notice of filing of petition for recount; service and return
Sec. 9. (a) Upon the filing of a petition for a recount or contestwith the election division, the secretary of state shall issue a noticeof the filing and pendency of the petition to each opposing candidateand deliver the notice to the state police department.
(b) This subsection applies if an attorney has filed an appearancewith the election division as the representative of a candidate. Thestate police shall serve the notice on the attorney for the candidate.
(c) If subsection (b) does not apply, the state police departmentshall immediately serve the notice upon each opposing candidate inperson or by leaving a copy at the last and usual place of residence.
(d) The state police department shall make immediate return ofthe service under this section.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.402;P.L.3-1997, SEC.369; P.L.221-2005, SEC.124.
IC 3-12-11-10
Cash deposit for payment of costs by petitioner
Sec. 10. (a) Each petitioner shall furnish a cash deposit for thepayment of costs of the recount chargeable to the petitioner. Theminimum amount of the cash deposit is one hundred dollars ($100).The cash deposit shall be deposited in the state recount fund.
(b) This subsection applies only to a recount of an election fornomination or election to either of the following:
(1) A legislative office in which, on the face of the electionreturns, the difference between the number of votes cast for thecandidate nominated or elected and the petitioner is not morethan one percent (1%) of the total votes cast for all candidatesfor the nomination or office.
(2) An office other than a legislative office in which, on theface of the election returns, the difference between the numberof votes cast for the candidate nominated or elected and thepetitioner is not more than one percent (1%) of the total votescast for all candidates for the nomination or office.
If the number of precincts to be recounted exceeds ten (10), theamount of the deposit shall be increased by ten dollars ($10) for eachprecinct in excess of ten (10).
(c) This subsection applies only to a recount of an election fornomination or election to either of the following:
(1) A legislative office in which, on the face of the electionreturns, the difference between the number of votes cast for thecandidate nominated or elected and the petitioner is more thanone percent (1%) of the total votes cast for the nomination oroffice.
(2) An office other than a legislative office in which, on theface of the election returns, the difference between the numberof votes cast for the candidate nominated or elected and thepetitioner is more than one percent (1%) of the total votes castfor the nomination or office.If the number of precincts to be recounted exceeds ten (10), theamount of the deposit shall be increased by one hundred dollars($100) for each precinct in excess of ten (10).
(d) If after a recount, it is determined that a petitioner has beennominated or elected, the deposit furnished by that petitioner shall bereturned to that petitioner in full.
(e) Any unexpended balance remaining in a deposit after paymentof the costs of the recount shall be returned to the depositor in thefollowing manner:
(1) If the recount results in a reduction of at least fifty percent(50%) but less than one hundred percent (100%) of the marginof the total certified votes, the petitioner shall receive a refundof that percentage of the unexpended balance.
(2) If after a recount, it is determined that a petitioner has beennominated or elected, the deposit or the bond furnished by thatpetitioner shall be returned to that petitioner in full.
(3) Any unexpended balance remaining after the provision ofsubdivision (1) has been satisfied shall be deposited in the staterecount fund.
As added by P.L.7-1986, SEC.19. Amended by P.L.8-1995, SEC.60;P.L.176-1999, SEC.109; P.L.14-2004, SEC.165.
IC 3-12-11-11
Cash deposit by cross-petitioner
Sec. 11. (a) This section applies if a cross-petition is filed underthis chapter.
(b) This subsection applies only to a recount of an election fornomination or election to either of the following:
(1) A legislative office in which, on the face of the electionreturns, the difference between the number of votes cast for thecross-petitioner and the petitioner with the greatest number ofvotes is not more than one percent (1%) of the total votes castfor all candidates for the nomination or office.
(2) An office other than a legislative office in which, on theface of the election returns, the difference between the numberof votes cast for the cross-petitioner and the petitioner with thegreatest number of votes is not more than one percent (1%) ofthe total votes cast for all candidates for the nomination oroffice.
The cross-petitioner shall furnish a cash deposit equal to ten dollars($10) multiplied by the number of precincts that the cross-petitionerseeks to have recounted. The cash deposit shall be deposited in thestate recount fund.
(c) This subsection applies only to a recount of an election fornomination or election to either of the following:
(1) A legislative office in which, on the face of the electionreturns, the difference between the number of votes cast for thecross-petitioner and the petitioner with the greatest number ofvotes is more than one percent (1%) of the total votes cast forall candidates for the nomination or office. (2) An office other than a legislative office in which, on theface of the election returns, the difference between the numberof votes cast for the cross-petitioner and the petitioner with thegreatest number of votes is more than one percent (1%) of thetotal votes cast for all candidates for the nomination or office.
The cross-petitioner shall furnish a cash deposit equal to ten dollars($10) multiplied by the number of precincts that the cross-petitionerseeks to have recounted for the first ten (10) precincts recounted. Foreach precinct in excess of ten (10) the cross-petitioner seeks to haverecounted, the cross-petitioner shall furnish an additional cashdeposit equal to one hundred dollars ($100) multiplied by the numberof precincts in excess of ten (10) that the cross-petitioner seeks tohave recounted. The cash deposit shall be deposited in the staterecount fund.
(d) If after a recount, it is determined that the cross-petitioner hasbeen nominated or elected, the deposit furnished by thecross-petitioner shall be returned to the cross-petitioner in full.
(e) Any unexpended balance remaining in a deposit after paymentof the costs of the recount shall be deposited in the state recountfund.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.403;P.L.8-1995, SEC.61; P.L.176-1999, SEC.110; P.L.221-2005,SEC.125.
IC 3-12-11-12
Conditions for granting petitions and cross-petitions and orderingrecounts; dismissal of petitions
Sec. 12. (a) Except as provided in subsection (d) or (e), the staterecount commission shall grant the petitions and cross-petitions thathave been filed and order the recount of the votes in the precinctsupon:
(1) the filing of a petition and cash deposit or bond under thischapter;
(2) the expiration of the period under section 4 of this chapterfor filing a cross-petition; and
(3) proof of service of all notices.
(b) Except as provided in subsection (d), whenever a petition filedunder section 2 of this chapter requests a recount in all precincts inthe election district, the state recount commission may order arecount in the precincts upon:
(1) the filing of a cash deposit or bond under this chapter; and
(2) proof of service of all notices.
(c) Except as provided in subsection (d), the state recountcommission shall grant a petition for a contest that has been filed andorder a contest proceeding upon:
(1) the filing of a petition under this chapter; and
(2) proof of service of all notices.
(d) Whenever a motion to dismiss a petition or cross-petition fora recount or a petition for a contest is filed with the state recountcommission or is made by a member of the commission, the
commission shall rule on the motion to dismiss before ordering orcontinuing with a recount or a contest. The motion to dismiss must:
(1) state that the petitioner or cross-petitioner has failed tocomply with this chapter; and
(2) specifically identify the requirement that the petitioner orcross-petitioner has failed to comply with.
(e) Whenever the petitioner and each cross-petitioner orrespondent file a joint motion to dismiss a recount or contest, thecommission shall rule on the motion to dismiss before ordering orcontinuing with a recount or contest.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.404;P.L.176-1999, SEC.111; P.L.221-2005, SEC.126.
IC 3-12-11-13
Consolidated recount
Sec. 13. If there is a consolidation of petitions and cross-petitions,the state recount commission shall by consolidated order grant theconsolidated petitions and cross-petitions and order a consolidatedrecount of all votes in each precinct in the election district for theoffice requested in the petitions and cross-petitions.
As added by P.L.7-1986, SEC.19. Amended by P.L.221-2005,SEC.127.
IC 3-12-11-14
Precincts eligible for recount
Sec. 14. The state recount commission shall conduct a recount ineach precinct designated in a petition or cross-petition granted underthis chapter that is in the election district for the office. Thecommission may conduct a recount in any precinct that cast votes foran office that is the subject of a recount under this chapter if theprecinct is within the election district for the office.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.405;P.L.221-2005, SEC.128.
IC 3-12-11-15
Order of recount; certified copies sent to candidates by registeredmail; charge of costs
Sec. 15. On the day when the order of a recount or contestproceeding is made and entered by the state recount commission, theelection division shall send a certified copy of the order by certifiedmail to each opposing candidate named in the petition at the addressstated in the petition, if a petition was filed, at the candidate's lastknown address. The commission shall charge the cost of mailing theorder to the petitioner.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.406;P.L.3-1997, SEC.370.
IC 3-12-11-16
Impoundment of election materials Sec. 16. (a) Except as provided in subsection (b), the state recountcommission may by order impound and provide for the protection ofany election records or equipment described by IC 3-12-10-5(a).
(b) In a recount of an election for a legislative office, the staterecount commission shall by order impound and provide for theprotection of the following:
(1) All ballots, and electronic voting systems used at theelection for casting votes in all of the precincts within thelegislative district.
(2) All tally sheets relating to the votes cast for the office.
(3) All poll lists of persons registered by the poll clerks ashaving voted for the office.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.407;P.L.8-1995, SEC.62; P.L.221-2005, SEC.129.
IC 3-12-11-17
Convening of state recount commission; hearing on petition andrecount
Sec. 17. (a) After a recount is ordered under section 12 of thischapter, the state recount commission or its designee shall conveneat a place fixed by order of the state recount commission andexpeditiously complete the recount of all votes ordered recounted.Each candidate affected by the recount may have a watcher presentat the recount and may also be present in person. The candidate hasthe same rights as a watcher appointed under IC 3-6-8-4.Representatives of the media may also attend the recount and havethe same rights as media watchers appointed under IC 3-6-10.
(b) At least two (2) days after a contest proceeding is orderedunder section 12 of this chapter, the state recount commission or itsdesignee shall convene at a place fixed by order of the state recountcommission and conduct a hearing on the contest petition. Eachcandidate affected by the contest may be present in person. Thecandidate has the same rights as a watcher appointed underIC 3-6-8-4. Representatives of the media may also attend the hearingand have the same rights as media watchers appointed underIC 3-6-10.
(c) The proceedings of the state recount commission under thissection shall be performed in public under IC 5-14-1.5. However, thecommission may restrict access to parts of a room where the recountor contest proceeding is being conducted to safeguard the electionmaterial or other evidence and to permit the material to be handledor transported by the commission.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.408;P.L.3-1997, SEC.371.
IC 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 chaptermay request that ballot cards in specified precincts that used a ballotcard voting system be counted manually. If a petition or
cross-petition includes such a request, automatic tabulating machinesmay not be used to count ballot cards in the specified precincts.Ballot cards in those precincts shall be counted manually, and thetabulation of votes must comply with IC 3-11-7.
(b) A petitioner or cross-petitioner may withdraw a request for amanual recount of ballot cards at any time after the state board ofaccounts conducts a test of the automatic tabulating machines toascertain that the machines will correctly count the votes cast for theoffice that is the subject of the recount.
As added by P.L.3-1987, SEC.409. Amended by P.L.10-1988,SEC.173.
IC 3-12-11-17.7
Duties of recount commission
Sec. 17.7. (a) This section applies to ballots cast by any votingmethod.
(b) Unless the state recount commission makes a finding undersubsection (c), the commission shall:
(1) count ballots in accordance with this article; and
(2) not order that all ballots in a precinct not be counted.
(c) If:
(1) a party to the recount presents evidence of fraud, tampering,or misconduct affecting the integrity of the ballot within aprecinct; and
(2) the commission determines that the fraud, tampering, ormisconduct within that precinct was so pervasive that it isimpossible for the commission to determine the approximatenumber of votes that each candidate received in that precinct;
the commission may order that none of the ballots from that precinctbe counted.
As added by P.L.3-1995, SEC.130. Amended by P.L.103-2005,SEC.19.
IC 3-12-11-18
Certification of recount results; final determination of candidateeligibility; special election order
Sec. 18. (a) When a recount is completed by the state recountcommission or its designee, the commission shall:
(1) make and sign a certificate showing the total number ofvotes received in the precincts by each candidate for nominationor election to the office;
(2) state in its certificate the candidate who received the highestnumber of votes in the precincts for nomination or election tothe office and by what plurality; and
(3) file its certificate with the election division.
(b) When a contest proceeding in which a candidate is alleged tobe ineligible is completed by the state recount commission or itsdesignee, the commission shall make a final determinationconcerning the eligibility of the candidate for nomination or electionto the office. (c) If the state recount commission or its designee determines that:
(1) a mistake was made in the printing or distribution of ballotsused in the election;
(2) a mistake was made in the programming of an electronicvoting system;
(3) an electronic voting system malfunctioned; or
(4) a deliberate act or series of actions occurred;
that makes it impossible to determine which candidate received thehighest number of votes cast, the commission shall order that aspecial election be conducted under IC 3-10-8.
(d) The special election ordered under subsection (c) shall be heldin the precincts identified in the petition in which the commissiondetermines that:
(1) ballots containing the printing mistake or distributed bymistake were cast;
(2) a mistake occurred in the programming of an electronicvoting system;
(3) an electronic voting system malfunctioned; or
(4) a deliberate act or series of actions occurred.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.410;P.L.10-1988, SEC.174; P.L.10-1989, SEC.16; P.L.3-1997, SEC.372;P.L.14-2004, SEC.166; P.L.221-2005, SEC.130.
IC 3-12-11-19
Recount certificate; certified copy as prima facie evidence of votescast
Sec. 19. Except in recount proceedings for an election to theoffices of governor and lieutenant governor and legislative offices,a recount certificate made under section 18 of this chapter supersedesall previous returns made in any form of the recounted votes. Acertified copy of a recount certificate constitutes prima facieevidence of the votes cast for nomination or election to the office inthe precincts in any proceeding in which there is an issue as to thevotes cast at the election for the nomination or election to office.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.411;P.L.10-1988, SEC.175.
IC 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 or contestproceeding concerning the election of presidential electors must beconcluded not later than six (6) days before the time fixed by federallaw for the meeting of the electors.
As added by P.L.3-1997, SEC.373. Amended by P.L.14-2004,SEC.167.
IC 3-12-11-20
Recount for offices of governor and lieutenant governor; certifiedstatements Sec. 20. (a) On the day following the completion of a recount forthe election to the offices of governor and lieutenant governor, theelection division shall prepare two (2) certified statements for thesecretary of state under the secretary of state's seal showing the totalnumber of votes that each candidate received.
(b) The secretary of state shall transmit the statements to:
(1) the speaker of the house of representatives; and
(2) the president pro tempore of the senate;
before the date specified in Article 5, Section 9 of the Constitutionof the State of Indiana for the beginning of the term of the governor.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988,SEC.176; P.L.4-1995, SEC.14; P.L.3-1997, SEC.374.
IC 3-12-11-21
Recount for legislative office; deadline; certification of results
Sec. 21. (a) Except as provided in subsection (b), a recount orcontest for election to a legislative office shall be completed by thestate recount commission before December 20 after the election.
(b) The state recount commission may adopt orders extending thedeadline for completion of a recount or contest to a date specified inthe order if the commission finds that there is good cause to do so.
(c) Not later than seven (7) days after the state recountcommission completes a recount, the election division shall preparetwo (2) certified statements showing the total number of votes thateach candidate received. The election division shall transmit one (1)statement to the candidate receiving the highest number of votes forthe office. After the statements have been prepared, the secretary ofstate shall deliver the other statement to the presiding officer of thehouse in which the successful candidate is to be seated.
(d) The statement shall be referred by the presiding officer forsuch action as that house considers appropriate.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988,SEC.177; P.L.3-1993, SEC.218; P.L.3-1997, SEC.375;P.L.103-2005, SEC.20.
IC 3-12-11-22
Effect of certified statement on candidate's eligibility for office
Sec. 22. A statement prepared under section 20 or 21 of thischapter does not determine the eligibility of a candidate for office butis prepared only for the purpose of referring the information to theproper authorities.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1997, SEC.376.
IC 3-12-11-23
Recount for federal office or certain state offices; correction oftabulation
Sec. 23. (a) If a recount is made:
(1) in a presidential primary election;
(2) for nomination to a federal, state, or legislative office in aprimary election; (3) in an election to a federal office; or
(4) in an election to a state office other than governor andlieutenant governor;
the election division shall determine whether the votes in theprecincts shown by the recount certificate differ from the votes thatwere tabulated by any county election board. If the election divisionpreviously included in a tabulation the votes cast for the office asreturned by the county election board, the election division shallcorrect the tabulation in accordance with the certificate.
(b) The election division shall provide a copy of the correctedtabulation for each precinct to the office.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988,SEC.178; P.L.3-1993, SEC.219; P.L.3-1997, SEC.377;P.L.212-2001, SEC.31.
IC 3-12-11-24
Certificate of nomination or election or commission for office
Sec. 24. The candidate shown by a corrected vote tabulation undersection 23 of this chapter to have received the highest number ofvotes for nomination or election to an office is entitled to a certificateof nomination, certificate of election, or commission for the officeeven though one may have been issued upon a previous tabulation.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988,SEC.179.
IC 3-12-11-25
Determination of candidate ineligibility; certification of runner-up
Sec. 25. Whenever the commission makes a final determinationunder section 18 of this chapter that the candidate who is subject toa contest proceeding is not eligible to serve in the office to which thecandidate is nominated or elected, the candidate who received thesecond highest number of votes for the office is entitled to acertificate of nomination or certificate of election even though acertificate may have been issued to another candidate upon thetabulation of the votes.
As added by P.L.3-1987, SEC.412. Amended by P.L.10-1988,SEC.180.