CHAPTER 4. CANVASSING RETURNS BY COUNTY ELECTION BOARD
IC 3-12-4
Chapter 4. Canvassing Returns by County Election Board
IC 3-12-4-1
Members of county election board to canvass votes in county
Sec. 1. The members of each county election board shall canvassthe votes cast in the county.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.187.
IC 3-12-4-2
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-12-4-3
Compensation of members of county election board
Sec. 3. The members of a county election board shall becompensated for their services as canvassers in an amount to be fixedby the county executive.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.188.
IC 3-12-4-4
Employment of clerical assistants and write-in teams; nonpartisanstudent assistants
Sec. 4. (a) Each county election board may employ clericalassistants if necessary for the proper canvassing and tabulating of thevote. However, except as provided in subsection (d), not more thanone-half (1/2) of the assistants employed by the board may bemembers of the same political party.
(b) The county election board shall appoint the number of two (2)member write-in teams that are necessary to examine and countwrite-in votes cast on ballot card voting systems on election night.The county chairmen of the two (2) major political parties of acounty shall each designate one (1) member of each write-in team.The write-in teams are considered employees of the countycanvassing board and must meet the qualifications of canvassingboard employees.
(c) Except as provided in subsection (d), a county election boardmay not employ a person to assist with canvassing unless the personwould be eligible to serve as a precinct election officer underIC 3-6-6-7.
(d) The county election board may, by unanimous vote of theentire membership of the board, employ a student to assist the boardunder this section if the student is:
(1) enrolled at a postsecondary educational institution(including a community college); and
(2) a registered voter of the county.
A student appointed under this subsection must serve the board in anonpartisan manner.
As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.113;P.L.1-1992, SEC.5; P.L.3-1993, SEC.189; P.L.209-2003, SEC.185;
P.L.2-2007, SEC.16.
IC 3-12-4-5
Compensation of clerical assistants
Sec. 5. A county election board shall pay an assistant hired undersection 4 of this chapter a reasonable rate of compensation for theassistant's services.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.357;P.L.3-1993, SEC.190.
IC 3-12-4-5.5
Chapter establishes standards to define vote
Sec. 5.5. 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 by a county electionboard.
As added by P.L.209-2003, SEC.186.
IC 3-12-4-6
Canvass of certificates, poll lists, and tally papers returned byinspectors; providing room in courthouse
Sec. 6. (a) At 6 p.m. on each election day, the county electionboard shall assemble in a room to canvass the certificates, poll lists,and tally papers returned by each inspector in the county and todeclare the results of the election as provided in this chapter.
(b) The canvassing must be performed in public underIC 5-14-1.5. However, the board may restrict access to parts of theroom where election material is being handled or transported tosafeguard the material.
(c) Except as provided in section 7 of this chapter, the countyexecutive shall provide a room in the courthouse that containsadequate space to permit members of the public to witness thecanvassing of votes.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.191.
IC 3-12-4-7
Counties over 300,000; providing of assembly room
Sec. 7. In each county having a population of more than threehundred thousand (300,000), the county executive shall, upon thewritten request and order of the judge of the circuit court of thecounty and at least ten (10) days before the election, provide asuitable assembly room for the county election board other than aroom in the courthouse.
As added by P.L.5-1986, SEC.8. Amended by P.L.12-1992, SEC.12;P.L.3-1993, SEC.192.
IC 3-12-4-8
Examination and comparison of certificates, poll lists, and tallysheets; aggregating and tabulating vote for county and politicalsubdivision
Sec. 8. The county election board shall:
(1) carefully examine and compare the certificates, poll lists,and tally sheets; and
(2) aggregate and tabulate from the papers entrusted to it thevote for the county and each political subdivision, asappropriate.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.193.
IC 3-12-4-9
Declaration of candidate with highest vote count; tabulation ofvotes for public question; certification of results
Sec. 9. (a) This subsection applies to:
(1) a local or school board office with an election districtlocated entirely within one (1) county, except for an office forwhich a declaration of candidacy is filed with the electiondivision under IC 3-8-2; and
(2) a political party office, such as precinct committeeman orstate convention delegate, elected at a primary election.
After the county election board has tabulated the vote, the board shalldeclare the candidate receiving the highest number of votes for eachoffice to be elected.
(b) The county election board shall tabulate the votes cast for andagainst each local public question placed on the ballot by the countyelection board under IC 3-10-9-2 and, if the local public question isplaced on the ballot only in that county, declare the public questionapproved or rejected.
(c) The county election board shall tabulate the votes cast for andagainst each public question voted on by the electorate of the wholestate.
(d) The board shall certify the election results in a statementprepared by the circuit court clerk.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.358;P.L.10-1988, SEC.128; P.L.10-1992, SEC.24; P.L.3-1993, SEC.194;P.L.3-1997, SEC.342.
IC 3-12-4-10
Statement prepared by circuit court clerk; contents; copy forcandidate
Sec. 10. (a) The statement prepared under section 9 of this chaptermust contain:
(1) the name of each candidate;
(2) the elected offices;
(3) the total number of votes received by each candidate;
(4) the total number of votes received by each candidate andcast for and against each public question in each precinct; and
(5) the total number of votes cast at the election. (b) Notwithstanding IC 33-37-5-1, upon request by a candidate,the circuit court clerk shall prepare a copy of the statement for thecandidate at a fee not to exceed twenty-five cents ($0.25) per page.
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1990, SEC.50;P.L.8-1992, SEC.30; P.L.98-2004, SEC.38.
IC 3-12-4-11
Statement prepared by circuit court clerk; signature of countyelection board
Sec. 11. Each member of the county election board shall sign thestatement prepared by the circuit court clerk under section 9 of thischapter.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.195.
IC 3-12-4-12
Statement prepared by circuit court clerk; copies to countychairman of each political party
Sec. 12. Not later than noon on the second Monday after thecounty election board certifies the election results under section 9 ofthis chapter, the circuit court clerk shall furnish to the countychairman of each political party a copy of the statement.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.196;P.L.3-1995, SEC.127; P.L.221-2005, SEC.103.
IC 3-12-4-13
Delivery of canvass sheets, certificates, poll lists, and tally papersto circuit court clerk
Sec. 13. After the county election board has tabulated the vote:
(1) the canvass sheets used by the board; and
(2) the certificates, poll lists, and tally papers returned by eachinspector in the county;
shall be delivered to the circuit court clerk. The clerk shall file andpreserve all the material in the clerk's office as provided inIC 3-10-1-31 or IC 3-10-1-31.1.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.197;P.L.199-2001, SEC.26; P.L.14-2004, SEC.159.
IC 3-12-4-14
Tie votes
Sec. 14. If two (2) or more candidates receive the highest and anequal number of votes for a local office, the county election boardshall:
(1) declare that no person is elected to fill the office; and
(2) certify the tie vote in the statement prepared by the circuitcourt clerk under section 9 of this chapter.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.198.
IC 3-12-4-15
Conditions prohibiting rejection of certificates, poll lists, or tallypapers; return from precinct election board Sec. 15. A county election board may not reject the certificates,poll lists, or tally papers returned from a precinct election board:
(1) for lack of form or for not being strictly in accordance withthe directions contained in this title if the certificates can besatisfactorily understood; or
(2) if the returns are certified by the precinct election board asrequired by IC 3-12-2-6, IC 3-12-3-2, and IC 3-12-3.5-6 andreturned by the inspector or one (1) of the judges of the board.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.359;P.L.3-1993, SEC.199; P.L.221-2005, SEC.104.
IC 3-12-4-16
Disagreement as to how to count vote of precinct; report to judgeof circuit court with written brief stating grounds of disagreement
Sec. 16. If there is a disagreement between the members of acounty election board as to how the vote of a precinct should becounted, the board shall:
(1) immediately report the matter in dispute to the judge of thecircuit court; and
(2) provide the judge with a written brief stating the grounds ofthe disagreement and all papers concerning the matter.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.200.
IC 3-12-4-17
Judge's determination on disagreement
Sec. 17. The judge of the circuit court shall summarily determinea dispute presented under section 16 of this chapter and direct thecounty election board how to count the vote. The judge'sdetermination is final with respect to the action of the board.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.201.
IC 3-12-4-18
Electronic voting systems; inspection of registering counter; time
Sec. 18. If electronic voting systems are used in a precinct, thecounty election board may request authorization from the staterecount commission to inspect the registering counter or otherrecording device on any electronic voting system showing thenumber of votes cast for any candidate or public question. Ifauthorized by the state recount commission, the board may conductan inspection either before it proceeds to count and tabulate the voteor within one (1) day after the count and tabulation are finished.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.360;P.L.3-1993, SEC.202; P.L.221-2005, SEC.105.
IC 3-12-4-19
Electronic voting systems; place of inspection; presence ofaccredited representative of each major political party
Sec. 19. To inspect an electronic voting system under section 18of this chapter, the county election board may proceed to any placein the county where the system is located, kept, or stored. However,
the board shall make the inspection in the presence of an accreditedrepresentative of each of the major political parties of the county.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.361;P.L.3-1993, SEC.203; P.L.221-2005, SEC.106.
IC 3-12-4-20
Electronic voting systems; comparison of number of votesregistered on counter with returns made by precinct election board
Sec. 20. When making an inspection under section 18 of thischapter, a county election board shall compare the number of votesregistered on the counter or other recording device on the electronicvoting systems with the returns made by the precinct election boardof the precinct in which the electronic voting system was used.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.362;P.L.3-1993, SEC.204; P.L.221-2005, SEC.107.
IC 3-12-4-21
Electronic voting systems; discrepancy between number of votesregistered and returns made by precinct election board; correction
Sec. 21. If there is a discrepancy between the number of votesregistered on an electronic voting system and the returns made by theprecinct election board, the county election board shall correct thereturns made by the precinct election board so that the returnsconform to the vote registered on the electronic voting system. Thecorrected returns shall be considered the true and correct returns ofthe number of votes cast for each candidate or on each publicquestion in the precinct.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.363;P.L.3-1993, SEC.205; P.L.221-2005, SEC.108.
IC 3-12-4-22
Contested election or nomination; recount; corrected returns asprima facie evidence of vote
Sec. 22. If a nomination or election is contested or a recount isconducted, the returns of each precinct election board, as correctedby the county election board under section 21 of this chapter,constitute prima facie evidence of the vote cast for each candidateand on each public question to the same extent as the tabulation andreturn of the vote in a precinct where electronic voting systems arenot used.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.364;P.L.10-1988, SEC.129; P.L.3-1993, SEC.206; P.L.221-2005,SEC.109.
IC 3-12-4-23
Tally papers
Sec. 23. The county election board shall have tally papers printedfor use in tabulating the vote at each election held under itsjurisdiction. The tally papers must:
(1) contain the name of each office and candidate to be voted
for at an election;
(2) provide for tallying the votes on each public questionsubmitted to the voters; and
(3) list political parties and candidates in the same order on thetally sheet as listed on the ballot printed by the county electionboard under IC 3-11-2-6.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.207;P.L.3-1997, SEC.343.