IC 3-12-6
    Chapter 6. Recount Procedures for Nomination for and Electionto Local and School Board Offices

IC 3-12-6-1
Right of recount; local or school board offices
    Sec. 1. (a) Any candidate for nomination or election to a local orschool board office is entitled to have the votes cast for that officerecounted under this chapter.
    (b) If a candidate who is entitled to have the votes recountedunder this chapter does not file a petition within the periodestablished by section 2 of this chapter, the county chairman of apolitical party in the precinct in which the recount is desired may filea petition to have the votes recounted. A county chairman is entitledto have the votes recounted only in a partisan race.
    (c) The right of recount may be exercised for one (1) or more ofthe precincts in which votes were cast for the office.
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.5;P.L.10-1988, SEC.133; P.L.4-1996, SEC.73.

IC 3-12-6-1.2
Chapter establishes standards to define vote
    Sec. 1.2. 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.188.

IC 3-12-6-1.5
Chapter applicable to elections for political party offices
    Sec. 1.5. A candidate for election to precinct committeeman orstate convention delegate is entitled to have the votes cast for thatoffice recounted under this chapter. The political party of thecandidate, in accordance with any applicable party rules, determinesthe winner of an election to a political party office.
As added by P.L.3-1997, SEC.356. Amended by P.L.40-2001, SEC.1.

IC 3-12-6-2
Petition for recount; filing
    Sec. 2. (a) A candidate who desires a recount of votes must file averified petition no later than noon fourteen (14) days after electionday.
    (b) A county chairman who is entitled to and desires a recount ofvotes must file a verified petition not later than noon seventeen (17)days after election day.
    (c) The petition must be filed in the circuit or superior court ofeach county in which is located a precinct in which the individualdesires a recount.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.370;

P.L.10-1988, SEC.134; P.L.4-1996, SEC.74; P.L.221-2005,SEC.114.

IC 3-12-6-2.5
Petition for recount; filing fee; cause number
    Sec. 2.5. Upon the filing of a petition under section 2 of thischapter, the circuit court clerk shall:
        (1) require payment of the filing fee under IC 33-37; and
        (2) assign the petition a cause number as a miscellaneous civilaction.
As added by P.L.3-1997, SEC.357. Amended by P.L.98-2004,SEC.39.

IC 3-12-6-3
Petition for recount; content
    Sec. 3. Each petition filed under section 2 of this chapter muststate the following:
        (1) The office for which the petitioner desires a recount.
        (2) The precincts within the county in which the petitionerdesires a recount.
        (3) That the petitioner is entitled to a recount under section 1 ofthis chapter.
        (4) That the nomination or office was voted upon in theprecincts specified.
        (5) The name of each candidate for the nomination or office asset forth on the ballot for the election and the address of eachcandidate for nomination or election to the office as set forth inthe records of the county election board or election division.
        (6) 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.
        (7) That the petitioner desires a recount of all of the votes castfor nomination or election to the office in the precinctsspecified.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.135;P.L.4-1996, SEC.75; P.L.176-1999, SEC.95.

IC 3-12-6-4
Cross-petition for recount; filing
    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 no later than noon twenty-one (21) daysafter election day. If a petition for a recount is filed for an office forwhich voters in more than one (1) county vote, a cross-petition for arecount may be filed in a county other than the one in which the firstpetition was filed.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.371;P.L.10-1988, SEC.136; P.L.4-1996, SEC.76; P.L.164-2006,SEC.126.
IC 3-12-6-5
Failure to file cross-petition or answer to petition for recount
    Sec. 5. The failure to file either a cross-petition or an answer to apetition for a recount 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.5-1986, SEC.8.

IC 3-12-6-6
Cross-petition for recount; contents
    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 within the county in which thecross-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 oroffice 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.5-1986, SEC.8. Amended by P.L.10-1988, SEC.137.

IC 3-12-6-7
Amendment of petition or cross-petition
    Sec. 7. (a) Except as provided in subsection (b), the court in whicha petition or cross-petition is filed may allow the petition orcross-petition to be amended at any time upon the terms andconditions that the court orders.
    (b) The court may not allow a petition or cross-petition to beamended following the deadline for filing a petition or cross-petitionunder this chapter if the petition or cross-petition as originally filed:
        (1) failed to comply with this chapter; or
        (2) was not filed before the deadline specified in this chapter.
As added by P.L.5-1986, SEC.8. Amended by P.L.176-1999, SEC.96.

IC 3-12-6-8
Petition for recount; joinder; consolidation; exception; transfer
    Sec. 8. (a) Two (2) or more candidates for nomination or electionto the same or a different office at the same election may join in apetition for a recount.
    (b) Except as provided in subsection (d), if more than one (1)petition for a recount is filed in a county no later than noon seven (7)days after election day, whether in the same court of the county or

not, the petitions shall be consolidated under the first petition filed.If a transfer of petitions from one (1) court of the county to anothercourt of the county is necessary to effect the consolidation, then thecourt in which the subsequent petitions were filed shall order thetransfer.
    (c) If more than one (1) petition for a recount is filed for an officein more than one (1) county, the circuit court for the county casting,on the face of the election returns, the highest number of votes forthe office shall assume jurisdiction over all petitions andcross-petitions concerning the office. If a transfer of petitions orcross-petitions from one (1) court to another is necessary to effect theconsolidation in the circuit court, then any other court in which apetition or cross-petition was filed shall order the transfer.
    (d) A petition for a recount filed for an election in differentmunicipalities, whether in the same court of the county or not, maynot be consolidated.
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.6;P.L.3-1987, SEC.372; P.L.10-1988, SEC.138; P.L.8-1992, SEC.31.

IC 3-12-6-9
Notice of filing of petition for recount and pendency of petition ofeach candidate named in petition; service of notice; return ofservice
    Sec. 9. (a) Upon the filing of a petition for a recount, the circuitcourt clerk shall notify the judge. The judge shall:
        (1) issue a notice of the filing and pendency of the petition to:
            (A) each candidate named in the petition;
            (B) the county election board; and
            (C) the election division if the petition relates to a recountfor the office of judge or prosecuting attorney; and
        (2) deliver the notice to the sheriff of each county in which acandidate resides.
    (b) Each sheriff shall immediately serve the notice uponcandidates in person or by leaving a copy at the last and usual placeof residence. The sheriff shall make immediate return of the service.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.139;P.L.4-1996, SEC.77; P.L.66-2003, SEC.45.

IC 3-12-6-9.5
Disqualification of judge where recount involves court assumingjurisdiction
    Sec. 9.5. If a recount involves the nomination or election of thejudge of the court that assumes jurisdiction over the recount and theregular judge of the court is a party to the proceeding, then theregular judge is disqualified to act in any way in the proceedingexcept to transfer a petition or cross-petition under section 8 of thischapter. The judge shall, within three (3) days after the courtassumes jurisdiction, certify the fact of disqualification to thegovernor, who shall then appoint a special judge for the proceeding.
As added by P.L.10-1988, SEC.140.
IC 3-12-6-10
Petitioner's cash deposit or bond; filing; amounts; cost of recount;unexpended balance
    Sec. 10. (a) Each petitioner shall furnish a cash deposit or file abond with corporate surety to the approval of the court for thepayment of all costs of the recount. The minimum amount of the cashdeposit or bond is one hundred dollars ($100).
    (b) This subsection applies if, on the face of the election returns,the difference between the number of votes cast for the candidatenominated or elected and the petitioner is not more than one percent(1%) of the total votes cast for all candidates for the nomination oroffice. If the number of precincts to be recounted exceeds ten (10),the amount of the deposit or bond shall be increased by ten dollars($10) for each precinct in excess of ten (10).
    (c) This subsection applies if, on the face of the election returns,the difference between the number of votes cast for the candidatenominated or elected and the petitioner is more than one percent(1%) of the total votes cast for all candidates for the nomination oroffice. If the number of precincts to be recounted exceeds ten (10),the amount of the deposit or bond shall be increased by one hundreddollars ($100) for each precinct in excess of ten (10).
    (d) If a petition is joint, a joint bond may be furnished.
    (e) The costs of a recount may include the following:
        (1) Compensation of recount commissioners.
        (2) Compensation of additional employees required to conductthe recount, including overtime payments to regular employeeswho are eligible to receive such payments.
        (3) Postage and telephone charges directly related to therecount.
    (f) The costs of a recount may not include the following:
        (1) General administrative costs.
        (2) Security.
        (3) Allowances for meals or lodging.
    (g) If the recount results in a reduction of at least fifty percent(50%) but less than one hundred percent (100%) of the margin of thetotal certified votes, the petitioner shall receive a refund of thatpercentage of the unexpended balance. If after a recount, it isdetermined that a petitioner has been nominated or elected, thedeposit or the bond furnished by that petitioner shall be returned tothat petitioner in full.
    (h) Any unexpended balance remaining in a deposit after paymentof all costs of the recount and the refund, if a refund is made, shallbe deposited in the county general fund.
As added by P.L.5-1986, SEC.8. Amended by P.L.8-1992, SEC.32;P.L.8-1995, SEC.54; P.L.14-2004, SEC.160.

IC 3-12-6-10.5
Petitioner's cash deposit; deposit in county general fund
    Sec. 10.5. When a cash deposit is furnished under section 10 ofthis chapter, the circuit court clerk shall deposit the cash in the

county general fund.
As added by P.L.3-1997, SEC.358.

IC 3-12-6-11
Cross-petitioner's cash deposit or bond; cost of recount
    Sec. 11. If a cross-petition is filed, each petitioner andcross-petitioner shall either furnish a cash deposit or file a bond withcorporate surety to the approval of the court for the payment of eachparty's proportionate share of the cost of the recount. If across-petition is joint, a joint bond may be furnished.
As added by P.L.5-1986, SEC.8.

IC 3-12-6-12
Cost of recount when cash deposit not made
    Sec. 12. (a) This section does not apply to a petitioner or across-petitioner who is determined to have been nominated or electedafter the recount.
    (b) If a cash deposit was not made as required by section 10 or 11of this chapter, the petitioners shall pay to the circuit court clerkwithin ten (10) days after the recount is completed all of the costs ofthe recount. However, if a cross-petition was filed, then eachcross-petitioner shall pay to the circuit court clerk within ten (10)days after the recount is completed all of the costs of the recount inthe precincts designated in the cross-petition. A petitioner is notliable for the costs of a recount allocated to a cross-petitioner.
As added by P.L.5-1986, SEC.8. Amended by P.L.8-1995, SEC.55.

IC 3-12-6-13
Repealed
    (Repealed by P.L.7-1986, SEC.20.)

IC 3-12-6-13.5
Repealed
    (Repealed by P.L.10-1988, SEC.238.)

IC 3-12-6-14
Order of recount and appointment of recount commission;conditions
    Sec. 14. The court shall grant the petitions and cross-petitions thathave been filed and order the recount of the votes in the precincts byappointing a recount commission upon:
        (1) the filing of a petition and bond under this chapter;
        (2) the expiration of the period under section 4 of this chapterfor filing a cross-petition; and
        (3) proof of service of all notices.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.374.

IC 3-12-6-15
Consolidated recount of votes
    Sec. 15. If there is a consolidation of petitions and cross-petitions,

the court shall by consolidated order grant the consolidated petitionsand cross-petitions and order a consolidated recount of all votes inall precincts in the counties requested in the petitions andcross-petitions.
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.7.

IC 3-12-6-16
Recount commission; membership
    Sec. 16. (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 for the office 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 for the office 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 for the office is located.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.375;P.L.221-2005, SEC.115.

IC 3-12-6-17
Recount commission; compensation
    Sec. 17. 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.5-1986, SEC.8. Amended by P.L.4-1991, SEC.116.

IC 3-12-6-17.5
Recount commission and other recount costs; payment fromcounty general fund
    Sec. 17.5. (a) If the amount of the cash deposit or bond availableunder section 10 of this chapter is not adequate to pay thecompensation of the recount commission under section 17 of thischapter, a member of the recount commission is entitled tocompensation from the county general fund without appropriation,and upon submission of a claim for compensation to the countyexecutive.
    (b) Any other cost of the recount that remains unpaid following

the determination of the recount commission and which cannot berecovered from the cash deposit or bond shall be paid from thecounty general fund without appropriation.
As added by P.L.3-1997, SEC.359.

IC 3-12-6-18
Certified copy of order to candidates; cost of mailing
    Sec. 18. 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 each candidate named in the petitionat the address stated in the petition. The clerk shall charge the costof mailing the order to the petitioner.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.376;P.L.4-1996, SEC.78.

IC 3-12-6-19
Impoundment of election materials by court; recount commissionorders; copying election materials
    Sec. 19. (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 for nomination orelection to the office.
        (3) All poll lists of persons registered by the poll clerks ashaving voted for nomination or election to the office.
    (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.5-1986, SEC.8. Amended by P.L.3-1987, SEC.377;P.L.10-1988, SEC.141; P.L.221-2005, SEC.116.

IC 3-12-6-19.5
Impounded materials; use of copies instead of originals
    Sec. 19.5. A circuit court clerk or board of registration may use acopy made under section 19 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.3-1987, SEC.378.

IC 3-12-6-20
Court making impounded materials available to recountcommission    Sec. 20. A court acting under section 19 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.5-1986, SEC.8. Amended by P.L.3-1987, SEC.379;P.L.221-2005, SEC.117.

IC 3-12-6-21
Recount; place; expeditious completion; watchers; representatives;news media; powers and duties of state recount commission
    Sec. 21. (a) After a recount is ordered under section 14 of thischapter, the recount commission shall convene at a place fixed byorder of the court.
    (b) Whenever a motion to dismiss a petition or cross-petition fora recount is filed with the court, the court shall rule on the motion todismiss before the recount commission conducts the recount. Themotion 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.
    (c) As the first item of business, the recount commission shalladopt procedures for conducting the recount, based as closely as ispractical on the procedures adopted by the state recount commission.After adopting these procedures, the recount commission shallexpeditiously complete the recount of all votes ordered recounted.
    (d) The proceedings of the recount commission shall beperformed in public under IC 5-14-1.5 (the Open Door Law).However, the commission may restrict access to parts of a roomwhere the recount is being conducted to safeguard the electionmaterial or to permit the material to be handled or transported by thecommission. Each candidate affected by the recount may have awatcher present at the recount and may also be present in person. Awatcher for a candidate under this subsection has the same rights asa watcher appointed under IC 3-6-8-4. Representatives of the mediamay also attend the recount and have the same rights as mediawatchers appointed under IC 3-6-10.
    (e) An order issued by the state recount commission underIC 3-12-10 supersedes an order issued by the recount commissionappointed under this chapter to the extent that the orders conflict.The state recount commission shall assist a recount commissionappointed under this chapter to the extent that the ability of the staterecount commission to preserve the integrity of election records orequipment is not hindered.
    (f) During the period:
        (1) beginning when a recount is ordered under section 14 of thischapter; and
        (2) ending when the recount commission certifies the recountresults under section 22 of this chapter;
the recount commission may petition the court that acquiredjurisdiction over the recount under section 8 of this chapter to rule on

questions raised by the recount commission.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.380;P.L.3-1993, SEC.213; P.L.3-1997, SEC.360; P.L.176-1999, SEC.97.

IC 3-12-6-21.5
Ballot card voting systems; petition for manual count andtabulation of votes
    Sec. 21.5. (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 orcross-petition includes such a request, the recount commission maynot use automatic tabulating machines to count ballot cards in thespecified precincts. Ballot cards in those precincts shall be countedmanually, and the tabulation 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 recountcommission 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.381. Amended by P.L.10-1988,SEC.142.

IC 3-12-6-21.7
Duties of recount commission
    Sec. 21.7. (a) Unless the recount commission makes a findingunder subsection (b), the recount commission shall:
        (1) count ballots in accordance with this article; and
        (2) not order that all ballots in a precinct not be counted.
    (b) 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.128.

IC 3-12-6-21.9
Recount; date of completion; extension of deadline
    Sec. 21.9. (a) Except as provided in subsection (c), a recount fornomination to an office conducted under this chapter shall becompleted not later than the final Friday in June following theprimary.
    (b) Except as provided in subsection (c), a recount for election toan office conducted under this chapter shall be completed not laterthan December 20 following the election.
    (c) The court that appointed the commission may issue an order

to extend the deadline under this section to a specific date if the courtfinds that there is good cause to do so.
As added by P.L.3-1997, SEC.361. Amended by P.L.176-1999,SEC.98; P.L.103-2005, SEC.18.

IC 3-12-6-22
Recount; completion; certificate
    Sec. 22. (a) When a recount is completed by a commissionappointed under this chapter, 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 circuit court clerk.
    (b) The circuit court clerk shall:
        (1) enter the certificate in the order book of the court;
        (2) file a copy of the certificate in the minutes of the countyelection board; and
        (3) if the recount concerned an office for which a declaration ofcandidacy must be filed with the election division underIC 3-8-2, file a copy of the certificate with the election divisionnot later than seven (7) days after the date the recountcommission filed the certificate with the clerk of the circuitcourt.
    (c) If a certificate is filed with the election division undersubsection (b), the election division shall provide a copy of thecertificate to the office.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.143;P.L.38-1999, SEC.60; P.L.212-2001, SEC.27.

IC 3-12-6-22.5
Court issuance of order on commission certificate; finality ofrecount decision; appeal
    Sec. 22.5. (a) After the commission files its certificate undersection 22 of this chapter, the court that appointed the commissionshall issue an order that does the following:
        (1) Acknowledges the filing of the certificate.
        (2) Discharges the commission.
        (3) Releases election materials impounded during the recount.
    (b) The determination of a commission under section 22 of thischapter is final, although an appeal may be taken to the court thatappointed the commission.
    (c) An appeal under subsection (b):
        (1) must be filed not later than thirty (30) days after the courtissues the order under subsection (a); and
        (2) is limited to:
            (A) questions of law arising out of the recount; and
            (B) procedural defects by the recount commission that

affected the outcome of the recount.
As added by P.L.10-1988, SEC.144. Amended by P.L.3-1989,SEC.13; P.L.3-1993, SEC.214; P.L.66-2003, SEC.46.

IC 3-12-6-23
Recount certificate; effect; prima facie evidence of votes cast
    Sec. 23. A recount certificate made under section 22 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 for nomination or election tothe office in the precincts in any contest or other proceeding in whichthere is an issue as to the votes cast at the election for nomination orelection to the office.
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.8;P.L.10-1988, SEC.145.

IC 3-12-6-24
Repealed
    (Repealed by P.L.7-1986, SEC.20.)

IC 3-12-6-25
Repealed
    (Repealed by P.L.7-1986, SEC.20.)

IC 3-12-6-26
Repealed
    (Repealed by P.L.7-1986, SEC.20.)

IC 3-12-6-27
Votes cast in more than one county; difference between recountcertificate and county election board tabulation; correction ofcertificate
    Sec. 27. If a recount is made under this chapter for nomination orelection to an office for which votes were cast in more than one (1)county, each circuit court clerk where the recount was made shalldetermine whether the votes in the precincts shown by the recountcertificate differ from the votes that were tabulated by the countyelection board. If a circuit court clerk finds that there is a differencebetween the votes shown by the recount certificate and the votestabulated by the county election board, the clerk shall prepare acertificate showing the total vote in the county for each candidate fornomination or election to the office as corrected in accordance withthe recount certificate.
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.9;P.L.10-1988, SEC.146; P.L.3-1993, SEC.215.

IC 3-12-6-28
Transmittal of certificate showing votes cast
    Sec. 28. (a) A circuit court clerk shall immediately transmit acertificate prepared under section 27 of this chapter showing the

votes cast for nomination or election to an office to the electiondivision if the recount concerned an office for which a declaration ofcandidacy must be filed with the election division under IC 3-8-2.
    (b) The election division shall provide a copy of a certificatetransmitted to the election division under this section to the office.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.147;P.L.3-1997, SEC.362; P.L.38-1999, SEC.61; P.L.212-2001, SEC.28.

IC 3-12-6-29
Tabulation of vote in accordance with certificate
    Sec. 29. Upon receipt of a circuit court clerk's certificate undersection 28 of this chapter, the election division shall tabulate the votefrom the county for the office in accordance with the certificate. Ifthe election division previously included in a tabulation the votescast for the office as returned by the county election board, theelection division shall correct the tabulation in accordance with thecertificate.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.216;P.L.3-1997, SEC.363.

IC 3-12-6-30
Single county nominations or elections; differences between votesshown by recount certificate and votes tabulated by county board;certificate of corrected vote total
    Sec. 30. If a recount is made under this chapter for nomination orelection to an office for which votes were cast only in a singlecounty, the circuit court clerk shall determine whether the votesshown by the recount certificate differ from the votes that weretabulated by the county election board. If the circuit court clerk findsthat there is a difference between the votes shown by the recountcertificate and the votes tabulated by the county election board, theclerk shall prepare a certificate showing the total vote for eachcandidate for nomination or election to the office as corrected inaccordance with the recount certificate.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.148;P.L.3-1993, SEC.217.

IC 3-12-6-31
Single county nominations or elections; transmittal of certificateshowing corrected vote total
    Sec. 31. (a) The circuit court clerk shall transmit the certificateprepared under section 30 of this chapter to the election division, thecounty election board or other public official authorized by this titleto issue:
        (1) a certificate of nomination under IC 3-8-7;
        (2) a certificate of election under IC 3-10-7-34 or IC 3-12-5-2;or
        (3) a commission for the office under IC 4-3-1-5.
    (b) The election division shall provide a copy of a certificatetransmitted to the election division under this section to the office.As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.149;P.L.3-1997, SEC.364; P.L.212-2001, SEC.29.

IC 3-12-6-32
Certificate of nomination, election, or commission for office
    Sec. 32. The candidate shown by a corrected vote tabulation undersection 29 or 30 of this chapter to have received the highest numberof votes for nomination or election to an office is entitled to acertificate of nomination under IC 3-8-7 or a certificate of electionor commission for the office, even though one may have been issuedupon a previous tabulation.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.150.

IC 3-12-6-33
Vacation of office by person in possession
    Sec. 33. On the demand of a person receiving a commission orcertificate of election issued upon the filing of the certificate of arecount commission, a person in possession of the office in questionshall vacate and deliver the office. If the person in possession refusesto do so, the court may compel the vacation of the office upon thepetition of the person holding the commission or certificate.
As added by P.L.10-1988, SEC.151.