CHAPTER 5. CERTIFICATES OF ELECTION AND COMMISSIONS
IC 3-12-5
Chapter 5. Certificates of Election and Commissions
IC 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 local office thatis commissioned by the governor under IC 4-3-1-5, the circuit courtclerk shall prepare a statement under the clerk's seal specifying thenumber of votes received by each candidate for that office.
(b) The statement prepared under subsection (a) must also includethe number of votes cast for and against the following:
(1) The ratification of a state constitutional amendmentsubmitted to the electorate.
(2) The retention of a justice of the supreme court or a judge ofthe court of appeals or tax court.
(3) Each candidate who was declared elected by the countyelection board under IC 3-12-4-9.
(c) The clerk shall send or hand deliver the statement to theelection division not later than noon on the second Mondayfollowing election day.
(d) The election division shall tabulate the votes received underthis section. Not later than the third Friday after the election, thesecretary of state shall issue a certificate certifying the following:
(1) Each state constitutional amendment ratified or rejected.
(2) Each justice or judge retained or removed.
(e) The election division shall provide a copy of a certificatedescribed by:
(1) subsection (d)(1) to the chief justice of the Indiana supremecourt and the director of the office of code revision of thelegislative services agency; and
(2) subsection (d)(2) to the chief justice of the state.
(f) The election division shall provide a copy of all statementsreceived under this section to the office.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.365;P.L.5-1988, SEC.10; P.L.4-1991, SEC.114; P.L.3-1993, SEC.208;P.L.3-1997, SEC.344; P.L.212-2001, SEC.22; P.L.221-2005,SEC.110.
IC 3-12-5-1.5
Sending certified or sealed statements electronically
Sec. 1.5. (a) This section applies to a statement required to be sentor delivered to the election division by a circuit court clerk under thischapter.
(b) A statement described in subsection (a) may be sent by usingthe computerized list established under IC 3-7-26.3. A statement sentunder this section complies with any requirement for the statementto be certified or sealed.
As added by P.L.209-2003, SEC.187.
IC 3-12-5-2
Office not commissioned by governor; delivery of certificate ofcandidate's election on demand
Sec. 2. (a) Whenever a candidate is elected:
(1) to a local or school board office other than:
(A) one for which a town clerk-treasurer issues a certificateof election under IC 3-10-7-34; or
(B) one commissioned by the governor under IC 4-3-1-5; or
(2) a precinct committeeman or state convention delegate;
the circuit court clerk shall, when permitted under section 16 of thischapter, prepare and deliver to the candidate on demand a certificateof the candidate's election.
(b) This subsection applies to a local or school board officedescribed in subsection (a) with an election district located in morethan one (1) county and a local public question placed on the ballotin more than one (1) county. The circuit court clerk of the county thatcontains the greatest percentage of the population of the electiondistrict shall, upon demand of the candidate or a person entitled torequest a recount of the votes cast on a public question underIC 3-12-12:
(1) obtain the certified statement of the votes cast for that officeor on that question that was prepared under IC 3-12-4-9 fromthe circuit court clerk in each other county in which the electiondistrict is located;
(2) tabulate the total votes cast for that office or on thatquestion as shown on the certified statement of each county inthe election district; and
(3) issue a certificate of election to the candidate whenpermitted under section 16 of this chapter or a certificatedeclaring the local public question approved or rejected.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.366;P.L.10-1988, SEC.130; P.L.3-1989, SEC.12; P.L.10-1992, SEC.25;P.L.38-1999, SEC.58.
IC 3-12-5-3
Unopposed candidate for local office; certification of candidate asif elected
Sec. 3. Whenever a candidate for a local office described insection 2 of this chapter is unopposed, the circuit court clerk shall,upon demand of the candidate, certify the candidate in the samemanner as if elected to the office.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.367.
IC 3-12-5-4
Governor not to withhold commission because of defect orinformality in election return to election division
Sec. 4. The governor may not withhold a commission because ofa defect or informality in an election return to the election divisionif it can be determined with reasonable certainty from the return whatoffice is intended and who is entitled to the commission.As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.345.
IC 3-12-5-5
Governor and lieutenant governor; certified sealed statements;transmission of statements
Sec. 5. (a) Not later than noon on the second Monday followingan election for governor and lieutenant governor, each circuit courtclerk shall prepare a certified statement under the clerk's sealshowing the number of votes each candidate received. The clerk shalltransmit the statement to the election division. The election divisionshall deliver:
(1) the statement to the speaker of the house of representativesbefore the date described in subsection (b); and
(2) a copy of each statement to the office.
(b) The house of representatives and the senate shall meet in jointconvention not later than the date specified in Article 5, Section 9 ofthe Constitution of the State of Indiana for the commencement of theterm of the governor and the lieutenant governor to hear the canvassof votes cast for governor and lieutenant governor.
(c) The joint convention shall act to resolve any:
(1) tie vote, as required under Article 5, Section 5 of theConstitution of the State of Indiana; or
(2) contest under Article 5, Section 6 of the Constitution of theState of Indiana.
(d) The joint rules that governed the house of representatives andsenate before the general election govern the joint convention untilthose rules are amended as provided in those rules.
(e) After resolving any tie or contest, the presiding officer of thejoint convention shall certify to the convention that the individualsreceiving the most votes according to the canvass have been electedgovernor and lieutenant governor.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.368;P.L.3-1993, SEC.209; P.L.4-1995, SEC.13; P.L.3-1997, SEC.346;P.L.212-2001, SEC.23; P.L.221-2005, SEC.111.
IC 3-12-5-6
Certified and sealed statement of number of votes for eachcandidate
Sec. 6. (a) Not later than noon on the second Monday followingan election, each circuit court clerk shall prepare a certified statementunder the clerk's seal of the number of votes received by eachcandidate for:
(1) federal office;
(2) state office;
(3) legislative office; and
(4) a local office for which a declaration of candidacy must befiled with the election division under IC 3-8-2.
(b) The clerk shall send the statements by certified mail, returnreceipt requested, or hand deliver the statements to the electiondivision. (c) The election division shall provide a copy of each statementto the office.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.369;P.L.3-1993, SEC.210; P.L.3-1997, SEC.347; P.L.212-2001, SEC.24;P.L.221-2005, SEC.112.
IC 3-12-5-7
Tabulation of number of votes cast for each candidate
Sec. 7. Upon receipt of the certified statements from the circuitcourt clerks under section 6 of this chapter and not later than noon ofthe last Tuesday in November, the election division shall tabulate thenumber of votes cast for each candidate for:
(1) presidential electors;
(2) a state office other than governor and lieutenant governor;and
(3) a local office for which a declaration of candidacy must befiled with the election division under IC 3-8-2.
Immediately following the election division's tabulation, thesecretary of state shall certify to the governor the candidate receivingthe highest number of votes for each office.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.211;P.L.3-1997, SEC.348.
IC 3-12-5-8
Amendments to certified statements; preparation of commissionand transmittal to certified candidates
Sec. 8. (a) If, not later than the final date and hour for filing arecount or contest petition under IC 3-12, a circuit court clerk filesa correction with the election division that amends a certifiedstatement under section 6 of this chapter and the amendment resultsin a different candidate receiving the highest number of votes for anoffice, the election division shall immediately notify the governorand the office of the amendment.
(b) If no errors are found by the final date and hour for filing arecount or contest under IC 3-12 and not later than noon on the firstTuesday in December following the election, the governor shallprepare the candidate's commission for each candidate certifiedunder section 7 of this chapter.
(c) Immediately upon preparing the commissions under subsection(b), the governor shall deliver the commissions to the electiondivision. Not later than the second Tuesday in December, theelection division shall transmit the commission to each candidate atthe address set forth in the declaration of candidacy filed with thedivision, or to any more recent address furnished to the division bythe candidate.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.349;P.L.212-2001, SEC.25.
IC 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 the circuitcourt clerks under section 6 of this chapter, the election divisionshall:
(1) tabulate the number of votes cast for each candidate forUnited States Senator and United States Representative; and
(2) prepare a certificate of election for the secretary of state totransmit to:
(A) the governor for signature and certification to thesecretary of the United States Senate, setting forth the nameof the candidate receiving the highest number of votes forthe office of United States Senator, in the manner requiredby 2 U.S.C. 1; and
(B) the clerk of the United States House of Representatives,setting forth the name of each candidate receiving thehighest number of votes for United States Representative, inthe manner required by 2 U.S.C. 26.
(b) The secretary of state shall promptly execute the certificateprepared under subsection (a)(2)(A) and transmit the certificate tothe governor. The governor shall promptly execute the certificate andtransmit the certificate to the election division for attestation by thesecretary of state and transmission to the secretary of the UnitedStates Senate.
(c) The secretary of state shall promptly execute the certificateprepared under subsection (a)(2)(B) and transmit the certificate to theclerk of the United States House of Representatives.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.350;P.L.176-1999, SEC.93.
IC 3-12-5-10
Candidate for United States Senator and United StatesRepresentative; transmission of certificate of election; seal andattestation
Sec. 10. The election division shall transmit to each candidatecertified under section 9 of this chapter an original copy of thecertificate of election. The secretary of state shall seal and attest thecertificate of election.
As added by P.L.5-1986, SEC.8. Amended by P.L.176-1999, SEC.94.
IC 3-12-5-11
Preparation of certified and sealed statement of number of votesreceived by candidate in county; transmittal to election division
Sec. 11. (a) As soon as practical, but no later than noon on thesecond Monday following an election for a legislative office, eachcircuit court clerk shall:
(1) prepare a certified statement under the clerk's sealspecifying the number of votes received in the county by eachcandidate for legislative office; and
(2) send the statement by certified mail, return receipt
requested, or hand deliver the statement to the election division.
(b) The election division shall provide a copy of each statementto the office.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.131;P.L.3-1993, SEC.212; P.L.3-1997, SEC.351; P.L.212-2001, SEC.26;P.L.221-2005, SEC.113.
IC 3-12-5-12
Election division to total statements from district and prepare andtransmit certificate of election; tie votes
Sec. 12. (a) Upon receipt of the certified statements under section11 of this chapter, the election division shall:
(1) immediately total all certified statements from each senateand house district; and
(2) promptly prepare and transmit to the candidate receiving thehighest number of votes for each legislative office a certificateof the candidate's election.
(b) The secretary of state shall sign the certificates prepared bythe election division under subsection (a). However, if two (2) ormore candidates receive the highest and an equal number of votesaccording to the tabulation prepared by the election division, thesecretary of state shall immediately certify the tie vote to thegovernor.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.352.
IC 3-12-5-13
Estimating, aggregating, and tabulating total number of votesevidenced by face of certified statement
Sec. 13. The election division may not reject a certified statementreceived under seal from a circuit court clerk under section 6 or 11of this chapter but shall estimate, aggregate, and tabulate the totalnumber of votes as evidenced by the face of each certified statement.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.353.
IC 3-12-5-14
Correction of error in certification of vote
Sec. 14. (a) This section does not apply to the correction of anerror under IC 3-12-6-29 or IC 3-12-11-23.
(b) The county election board or the election division shall correctan error in the certification of the vote for a candidate or on a publicquestion if the error is discovered not later than the final date andhour for the filing of a recount or contest under this article.
As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.115;P.L.3-1997, SEC.354; P.L.66-2003, SEC.44.
IC 3-12-5-15
Failure or refusal to correct error; civil action to enforce duty tomake correction
Sec. 15. If a circuit court clerk or the election division fails orrefuses to correct an error as required by section 14 of this chapter,
then any voter may bring a civil action to enforce the duty to makethe correction. A civil action under this section must be brought:
(1) not later than noon five (5) days after the expiration of theperiod allowed for making corrections; and
(2) in the circuit or superior court of Marion County (if theaction is brought against the election division) or the countywhere the public official making the erroneous certificationresides (if the action is brought against a circuit court clerk).
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.132;P.L.3-1997, SEC.355.
IC 3-12-5-16
Certificate of election; issuance
Sec. 16. A certificate of election may not be issued until theperiod allowed under section 14 of this chapter for the discovery andcorrection of errors has expired.
As added by P.L.5-1986, SEC.8. Amended by P.L.38-1999, SEC.59.
IC 3-12-5-17
Repealed
(Repealed by P.L.3-1993, SEC.282.)