CHAPTER 12. RECOUNT PROCEDURES FOR PUBLIC QUESTIONS

IC 3-12-12
    Chapter 12. Recount Procedures for Public Questions

IC 3-12-12-1
Voters entitled to recount
    Sec. 1. (a) Any voter who satisfies both of the following isentitled to have the votes cast on a public question on the ballot inthat election district recounted under this chapter:
        (1) The voter is a voter in the election district where the publicquestion was on the ballot at the election.
        (2) The voter voted at the election at which the public questionwas on the ballot.
    (b) A recount may be conducted in one (1) or more of theprecincts in which votes were cast for the public question.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1996,SEC.85.

IC 3-12-12-1.5
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.191.

IC 3-12-12-2
Filing of petition
    Sec. 2. A voter who desires a recount under this chapter must filea verified petition no later than noon fourteen (14) days after electionday. The petition must be filed:
        (1) in the circuit court of each county in which is located aprecinct in which the voter desires a recount; and
        (2) with the election division.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1997,SEC.378; P.L.164-2006, SEC.129.

IC 3-12-12-3
Petition contents
    Sec. 3. Each petition filed under section 2 of this chapter muststate the following:
        (1) The public question for which the petitioner desires arecount.
        (2) The precincts within the county in which the petitionerdesires a recount.
        (3) That the petitioner voted on the public question in theelection.
        (4) That the petitioner in good faith believes that the votes caston the public question at the election in the precincts were notcorrectly counted and returned.        (5) That the petitioner desires a recount of all the votes cast onthe public question in the precincts specified.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-4
Signatures by voters; percentage
    Sec. 4. The petition filed under section 2 of this chapter must alsobe signed by a number of voters within the election district that votedon the public question equal to at least ten percent (10%) of thevoters who cast ballots on the public question in the election.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-5
Cash deposit or bond to accompany petition
    Sec. 5. (a) Each petition filed under section 2 of this chapter mustbe accompanied by a cash deposit or a bond with corporate surety tothe approval of the court for the payment of all costs of the recount.The minimum amount of the cash deposit or bond is one hundreddollars ($100). A cash deposit for a recount conducted by a countyrecount commission shall be deposited in the county general fund. Acash deposit in a recount conducted by the state recount commissionshall be deposited in the state recount fund.
    (b) This subsection applies to the recount of a public question towhich either of the following applies:
        (1) The public question is a local public question underIC 3-10-9 in which, on the face of the election returns, thedifference between the number of affirmative and negativevotes cast is not more than two hundred (200).
        (2) The public question is covered under section 23 of thischapter and, on the face of the election returns, the differencebetween the number of affirmative and negative votes cast isnot more than two thousand (2,000).
If the number of precincts to be recounted exceeds ten (10), then theamount of the deposit shall be increased by ten dollars ($10) for eachprecinct in excess of ten (10).
    (c) This subsection applies to the recount of a public question towhich either of the following applies:
        (1) The public question is a local public question underIC 3-10-9 and, on the face of the election returns, the differencebetween the number of affirmative and negative votes cast ismore than two hundred (200).
        (2) The public question is covered under section 23 of thischapter and, on the face of the election returns, the differencebetween the number of affirmative and negative votes cast ismore than two thousand (2,000).
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 the result of the publicquestion is other than what was shown on the face of the election

returns, the deposit furnished by the petitioner shall be returned tothe petitioner in full.
    (e) Any unexpended balance remaining in a deposit after paymentof all costs of the recount remains in the county general fund.
    (f) This subsection applies to a recount conducted by the staterecount commission under this chapter. Any unexpended balanceremaining in a deposit after payment of all costs of the recountremains in the state recount fund.
As added by P.L.10-1988, SEC.181. Amended by P.L.8-1995,SEC.63; P.L.176-1999, SEC.112.

IC 3-12-12-6
Payment of costs upon failure to provide cash deposit
    Sec. 6. (a) This section does not apply to a petitioner if it isdetermined that the result of the public question is other than whatwas shown on the face of the election returns.
    (b) If a cash deposit was not made as required by section 5 of thischapter, the petitioners shall pay to the circuit court clerk within ten(10) days after the recount is completed all costs of the recount.
As added by P.L.10-1988, SEC.181. Amended by P.L.8-1995,SEC.64.

IC 3-12-12-7
Multiple petitions in single county
    Sec. 7. If more than one (1) petition is filed under section 2 of thischapter in one (1) county requesting a recount of votes cast on apublic question in a precinct in that county, the circuit court of thecounty shall consolidate all petitions under the first petition filed.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-8
Petitions in multiple counties; jurisdiction
    Sec. 8. If petitions are filed under section 2 of this chapter in morethan one (1) county, the circuit court of the county casting, on theface of the election returns, the highest number of votes on the publicquestion shall assume jurisdiction over all petitions concerning thepublic question.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-9
Order of recount
    Sec. 9. Upon the filing of a petition and bond under this chapter,the court shall grant the petitions that have been filed and order therecount of votes in the precincts by appointing a recount commission.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-10
Consolidated petitions and orders
    Sec. 10. If there is a consolidation of petitions, the court shall byconsolidated order grant the consolidated petitions and order a

consolidated recount of all votes on the public question in allprecincts in the counties requested in the petitions.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-11
Recount commission; membership
    Sec. 11. (a) A recount commission consists of three (3) persons.
    (b) Two (2) members of the commission must be voters who:
        (1) are members of different major political parties of the state;and
        (2) were qualified to vote at the election in a county in whichthe election district that voted on the public question is located.
    (c) This subsection applies to a recount commission conductinga recount of an election in which only paper ballots were used. Thethird member of the commission must be a person who:
        (1) is a member of a major political party of the state; and
        (2) was qualified to vote at the election in a county in which theelection district that voted on the public question is located.
    (d) This subsection applies to a recount of an election in which avoting method other than only paper ballots was used. The thirdmember of the commission must be a competent mechanic who isfamiliar with the ballot card voting systems or electronic votingsystems used in that election. The mechanic is not required to bequalified to vote at the election in a county in which the electiondistrict that voted on the public question is located.
As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005,SEC.131.

IC 3-12-12-12
Compensation of commission members
    Sec. 12. Each member of a recount commission is entitled to a perdiem not to exceed one hundred dollars ($100) for each day actuallyengaged in making the recount. The judge of the court havingjurisdiction over the recount shall fix the compensation paid underthis section.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991,SEC.120.

IC 3-12-12-13
Copy of recount order
    Sec. 13. On the day when the order of a recount is made andentered by the court, the circuit court clerk shall send a certified copyof the order by certified mail to the first name on each petition filedunder section 2 of this chapter at the address stated in the petition.The clerk shall charge the cost of mailing the order to eachpetitioner.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-14
Impoundment and protection of voting equipment and materials    Sec. 14. (a) A court ordering a recount under this chapter shall byorder impound and provide for the protection of the following:
        (1) All ballots and electronic voting systems used at the electionfor casting votes in the precincts.
        (2) All tally sheets relating to the votes cast on the publicquestion.
        (3) All poll lists of persons registered by the poll clerks ashaving voted on the public question.
    (b) An order issued by the state recount commission underIC 3-12-10 supersedes an order issued by a court under this sectionto the extent that the orders conflict. The state recount commissionshall assist a court acting under this section to the extent that theability of the state recount commission to preserve the integrity ofelection records or equipment is not hindered.
    (c) An impoundment order issued under subsection (a) 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 a person designated by the court.
As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005,SEC.132.

IC 3-12-12-15
Copies of impounded materials
    Sec. 15. A circuit court clerk or board of registration may use acopy made under section 14 of this chapter instead of an originalsubject to an impoundment order under that section until the courtorders the release of the original.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-16
Access to impounded materials
    Sec. 16. A court acting under section 14 of this chapter shall makethe ballots, electronic voting systems, tally sheets, and poll listsavailable to the recount commission appointed under this chapter.
As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005,SEC.133.

IC 3-12-12-17
Recount by commission; watchers
    Sec. 17. (a) After a recount is ordered under section 9 of thischapter, the recount commission shall convene at a place fixed byorder of the court and expeditiously complete the recount of all votesordered recounted.
    (b) The petitioners may designate a watcher to be present at therecount and may also be present in person. Representatives of themedia may also attend the recount.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-18
Manual recount request; withdrawal    Sec. 18. (a) A petition filed under this chapter may request thatballot cards in specified precincts that used a ballot card votingsystem be counted manually. If a petition includes such a request, therecount commission may not use automatic tabulating machines tocount ballot cards in the specified precincts. Ballot cards in thoseprecincts shall be counted manually, and the tabulation of votes mustcomply with IC 3-11-7.
    (b) A petitioner may withdraw a request for a manual recount ofballot cards at any time after the recount commission conducts a testof the automatic tabulating machines to ascertain that the machineswill correctly count the votes cast on the public question that is thesubject of the recount.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-19
Certificate of recount totals
    Sec. 19. When a recount is completed by a recount commissionappointed under this chapter, the commission shall:
        (1) make and sign a certificate showing the total number ofvotes received in the precincts on the public question;
        (2) state in its certificate whether affirmative or negative votesreceived the highest number of votes in the precincts on thepublic question and by what plurality; and
        (3) file its certificate with the circuit court clerk. The clerk shallenter the certificate in the order book of the court.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-20
Effect of recount certificate
    Sec. 20. A recount certificate made under section 19 of thischapter supersedes all previous returns made in any form of therecounted votes. A certified copy of a recount certificate constitutesprima facie evidence of the votes cast on the public question in theprecincts in any contest or other proceeding in which there is an issueas to the votes cast at the election on the public question.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-21
Finality of commission determination; appeal
    Sec. 21. The determination of a recount commission under section19 of this chapter is final, although an appeal may be taken to thecircuit court that appointed the commission.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-22
Multiple county elections; differences in vote totals; certificate ofcorrected totals
    Sec. 22. If a recount is made for a public question for which voteswere cast in more than one (1) county, each circuit court clerk wherethe recount was made shall determine whether the votes in the

precincts shown by the recount certificate differ from the votes thatwere tabulated by the county election board. If a circuit court clerkfinds that there is a difference between the votes shown by therecount certificate and the votes tabulated by the county electionboard, the clerk shall prepare a certificate showing the total vote inthe county for and against the public question as corrected inaccordance with the recount certificate.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1993,SEC.220.

IC 3-12-12-23
Statewide public questions; recounts; certificate of corrected votetotals; certificate of approval or rejection
    Sec. 23. (a) This section applies to a recount of:
        (1) a public question concerning the ratification of a stateconstitutional amendment or the retention of a justice of theIndiana supreme court or judge of the Indiana court of appeals;or
        (2) another public question voted on by the electorate of theentire state.
    (b) A circuit court clerk shall immediately transmit a certificateprepared under section 22 of this chapter to the election division.
    (c) Upon tabulation of the returns under this section by theelection division, the secretary of state shall issue a certificatedeclaring the public question approved or rejected.
    (d) The election division shall provide to the office the results ofthe recount in each precinct in which a recount was conducted.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991,SEC.121; P.L.3-1997, SEC.379; P.L.212-2001, SEC.32.

IC 3-12-12-24
Repealed
    (Repealed by P.L.4-1991, SEC.147.)

IC 3-12-12-25
Single county elections; differences in vote totals; certificate ofcorrected totals
    Sec. 25. If a recount is made for a public question on which voteswere cast only in a single county, the circuit court clerk shalldetermine whether the votes shown by the recount certificate differfrom the votes that were tabulated by the county election board. Ifthe circuit court clerk finds that there is a difference between thevotes shown by the recount certificate and the votes tabulated by thecounty election board, the clerk shall prepare a certificate showingthe total vote for and against the public question as corrected inaccordance with the recount certificate.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1993,SEC.221.

IC 3-12-12-26 Local public questions; recounts; transmittal of certificate ofcorrected totals; certificate of approval or rejection
    Sec. 26. (a) This section applies to a recount of votes cast on alocal public question.
    (b) The circuit court clerk shall transmit the certificate preparedunder section 22 or 25 of this chapter to the county election board ofthe county having the greatest percentage of population of theelection district voting on the public question.
    (c) Upon tabulation of the returns under this section, the countyelection board shall issue a certificate declaring the public questionapproved or rejected.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991,SEC.122.