IC 3-12-8
    Chapter 8. Contest Procedures for Nomination for or Election toLocal or School Board Offices

IC 3-12-8-1
Candidates or voters entitled to contest
    Sec. 1. (a) This section does not apply to a challenge filed beforean election to the eligibility of a candidate nominated by petition forelection to an office. The challenge described by this subsection mustbe conducted in accordance with IC 3-8-1-2.
    (b) Any candidate for nomination or election to a local or schoolboard office may contest the nomination or election of a candidatewho is declared nominated or elected to the office.
    (c) If a candidate who is entitled to contest the nomination orelection of a candidate under this chapter does not file a petitionwithin the period established by section 5 of this chapter, the countychairman of a political party of which the candidate entitled to file apetition under this chapter was a member may file a petition tocontest the nomination or election of a candidate. A county chairmanis entitled to contest an election under this chapter only in a partisanrace.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.152;P.L.4-1996, SEC.79; P.L.176-1999, SEC.99; P.L.14-2000, SEC.7.

IC 3-12-8-2
Grounds for contest
    Sec. 2. An election may be contested under section 1 of thischapter if a petitioner alleges that one (1) of the followingcircumstances existed:
        (1) The contestee was ineligible.
        (2) A mistake occurred in the printing or distribution of ballotsused in the election that makes it impossible to determine whichcandidate received the highest number of votes.
        (3) A mistake occurred in the programming of an electronicvoting system, making it impossible to determine the candidatewho received the highest number of votes.
        (4) An electronic voting system malfunctioned, making itimpossible to determine the candidate who received the highestnumber of votes.
        (5) A deliberate act or series of actions occurred making itimpossible to determine the candidate who received the highestnumber of votes cast in the election.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.153;P.L.10-1989, SEC.12; P.L.4-1991, SEC.117; P.L.176-1999,SEC.100; P.L.221-2005, SEC.118.

IC 3-12-8-2.5
Chapter establishes standards to define vote; exception
    Sec. 2.5. (a) This section does not apply to a contest concerningwhether a contestee was ineligible as alleged under section 2(1) of

this chapter.
    (b) This chapter is enacted to comply with 42 U.S.C. 15481 byestablishing uniform and nondiscriminatory standards to define whatwill be counted as a vote on a paper ballot, an optical scan votingsystem, or an electronic voting system in a contest conducted underthis chapter.
As added by P.L.209-2003, SEC.189.

IC 3-12-8-3
Repealed
    (Repealed by P.L.10-1988, SEC.238.)

IC 3-12-8-4
Repealed
    (Repealed by P.L.10-1988, SEC.238.)

IC 3-12-8-5
Contest of election or nomination; filing of verified petition;elections in different municipalities
    Sec. 5. (a) A candidate who desires to contest an election or anomination under this chapter must file a verified petition with thecircuit court clerk of the county that contains the greatest percentageof the population of the election district no later than noon fourteen(14) days after election day.
    (b) A county chairman who is entitled to and desires to contest anelection or a nomination under this chapter must file a verifiedpetition with the circuit court clerk of the county that contains thegreatest percentage of the population of the election district not laterthan noon seventeen (17) days after election day.
    (c) A petition for a contest of 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.3-1987, SEC.382;P.L.10-1988, SEC.154; P.L.8-1992, SEC.33; P.L.4-1996, SEC.80;P.L.221-2005, SEC.119.

IC 3-12-8-5.5
Verified petition; filing fee; cause number
    Sec. 5.5. Upon the filing of a petition under section 5 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.365. Amended by P.L.98-2004,SEC.40.

IC 3-12-8-6
Contest of election; content of verified petition
    Sec. 6. (a) A petition filed under section 5 of this chapter muststate the following:        (1) That the petitioner desires to contest the nomination orelection to an office.
        (2) The name of each candidate as set forth on the ballot for theelection and address of each candidate as set forth in the recordsof the county election board or election division.
        (3) 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 todetermine 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.
    (b) A petition stating that the petitioner believes that it isimpossible to determine the candidate that received the highestnumber of votes for one (1) of the reasons described in subsection(a)(3)(B), (a)(3)(C), or (a)(3)(D) must identify each precinct inwhich:
        (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.
    (c) A petition stating that the petitioner believes that an act orseries of actions described in subsection (a)(3)(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.5-1986, SEC.8. Amended by P.L.10-1988, SEC.155;P.L.10-1989, SEC.13; P.L.4-1991, SEC.118; P.L.176-1999,SEC.101; P.L.221-2005, SEC.120.

IC 3-12-8-6.5
Amendment of verified petition
    Sec. 6.5. (a) Except as provided in subsection (b), the court inwhich a petition is filed may allow the petition or cross-petition to beamended at any time upon the terms and conditions that the courtorders.    (b) The court may not allow a petition to be amended followingthe deadline for filing a petition under this chapter if the petition asoriginally 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.176-1999, SEC.102.

IC 3-12-8-7
Repealed
    (Repealed by P.L.10-1988, SEC.238.)

IC 3-12-8-8
Notice of contest; service of notice
    Sec. 8. (a) Upon the filing of a petition for a contest, the circuitcourt clerk shall notify the circuit court judge. The judge shall issuea notice to the county sheriff directing the sheriff to serve noticeupon the contestee and all other persons named in the petition ascandidates for nomination or election to the office to appear andanswer the petition in the circuit court on a day to be fixed in thenotice.
    (b) The county sheriff shall also serve a copy of the noticedescribed in subsection (a) on:
        (1) the county election board; and
        (2) the election division if the petition relates to a contest forthe office of judge or prosecuting attorney.
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.11;P.L.10-1988, SEC.156; P.L.66-2003, SEC.47.

IC 3-12-8-9
Service of summons
    Sec. 9. The sheriff shall serve the notice required by section 8 ofthis chapter upon the contestee and all other persons named in thepetition as candidates for nomination or election to the office in thesame manner as a summons is served in a civil action.
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.12.

IC 3-12-8-10
Appearance and answer by contestee; time; defense, answer, orspecial answer
    Sec. 10. The contestee shall appear and answer the petition by theday fixed in the notice issued under section 8 of this chapter unlessthe court extends the time for good cause. The contestee may:
        (1) present any defense or answer that the contestee has to theallegations of the petition under an answer of general denial;
        (2) file a special answer; or
        (3) both.
As added by P.L.5-1986, SEC.8.

IC 3-12-8-11
Party to proceeding; stating right or claim by answer or

counterclaim
    Sec. 11. Any other person who was a candidate at the election fornomination or election to the office involved and upon whom noticewas served under section 9 of this chapter is a party to theproceeding and may state any right or claim the person may have byan answer or counterclaim.
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.13.

IC 3-12-8-12
Repealed
    (Repealed by P.L.10-1988, SEC.238.)

IC 3-12-8-13
Repealed
    (Repealed by P.L.10-1988, SEC.238.)

IC 3-12-8-14
Repealed
    (Repealed by P.L.10-1988, SEC.238.)

IC 3-12-8-15
Venue of trial of contest for office
    Sec. 15. A contest for an office for which the voters of only one(1) county cast votes shall be tried in that county. However, a changeof venue from the judge is allowed under the Indiana rules of trialprocedure. A contest for an office for which the voters of two (2) ormore counties cast votes shall be tried in the county casting thehighest number of votes for the office at the election.
As added by P.L.5-1986, SEC.8.

IC 3-12-8-16
Hearing; date
    Sec. 16. The court shall fix a date within twenty (20) days afterthe return day fixed in the notice to the contestee for the hearing ofa contest.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.157.

IC 3-12-8-17
Hearing and determination of contest; judgment declaringcandidate elected or nominated; order for special election
    Sec. 17. (a) A contest shall be heard and determined by the courtwithout a jury subject to the Indiana Rules of Trial Procedure.
    (b) The court shall determine the issues raised by the petition andanswer to the petition.
    (c) After hearing and determining a petition alleging that acandidate is ineligible, the court shall declare as elected or nominatedthe qualified candidate who received the highest number of votes andrender judgment accordingly.
    (d) If the court finds that:
        (1) a mistake in the printing or distribution of the ballots used

in the election;
        (2) a mistake in the programming of an electronic votingsystem;
        (3) a malfunction of an electronic voting system; or
        (4) the occurrence of a deliberate act or series of actions;
makes it impossible to determine which candidate received thehighest number of votes, the court shall order that a special electionbe conducted under IC 3-10-8.
    (e) The special election shall be conducted in the precinctsidentified in the petition in which the court determines 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) the deliberate act or series of actions occurred.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1989, SEC.14;P.L.4-1991, SEC.119; P.L.14-2004, SEC.161; P.L.221-2005,SEC.121.

IC 3-12-8-17.5
Special election; corrected canvass of votes; certificate of election
    Sec. 17.5. (a) After a special election ordered under section 17 ofthis chapter is conducted, the county election board shall issue acorrected canvass of the votes. The corrected canvass must substitutethe votes cast in the special election in a precinct for each candidatefor the votes cast for that candidate in that precinct during thecontested election. The board shall add the substituted vote totals tothe votes cast for each candidate in each precinct in which the specialelection was not conducted.
    (b) The board or circuit court clerk shall then issue a certificate ofelection under IC 3-12-4-9 or IC 3-12-5-2 and file a copy of thecertificate with the election division. If the contest was for an officecommissioned by the governor, the election division shall forward acopy of the certificate to the governor for the issuance of acommission under IC 4-3-1-5.
    (c) The election division shall provide a copy of the correctedcanvass of the votes to the office.
As added by P.L.3-1997, SEC.366. Amended by P.L.212-2001,SEC.30.

IC 3-12-8-18
Hearing; circuit court clerk to certify determination
    Sec. 18. A circuit court clerk shall certify the determination madeconcerning the election contest under section 17 of this chapter tothe:
        (1) county election board;
        (2) election division, if the contest concerned an office forwhich a declaration of candidacy must be filed with the electiondivision under IC 3-8-2; and        (3) governor, if the contest concerned an office commissionedby the governor under IC 4-3-1-5.
As added by P.L.5-1986, SEC.8. Amended by P.L.38-1999, SEC.62.

IC 3-12-8-19
Hearing; judgment and determination of court final
    Sec. 19. The judgment and determination of a court under section17 of this chapter are final, although an appeal may be taken.
As added by P.L.5-1986, SEC.8.

IC 3-12-8-20
Disqualification of judge; certification; appointment of specialjudge
    Sec. 20. If a contest involves the nomination or election of thejudge of the court in which the petition of contest is filed, and theregular judge of the court is a party to the case, then the regular judgeis disqualified to act in any way in the case. The judge shall, withinthree (3) days after the filing of the petition of contest, certify thefact of disqualification to the governor, who shall then appoint aspecial judge to try the case.
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.14.

IC 3-12-8-21
Vacation of office by person in possession
    Sec. 21. On demand of a person receiving a commission orcertificate of election issued following the certification under section18 of this chapter, a person in possession of the office in questionshall vacate the office. If the person in possession fails to do so, thecourt may compel the vacation of the office upon the petition of theperson holding the commission or certification.
As added by P.L.10-1988, SEC.158.

IC 3-12-8-22
Election contest; costs included
    Sec. 22. (a) The costs of a contest may include the following:
        (1) Compensation of additional employees required to conductthe contest, including overtime payments to regular employeeswho are eligible to receive such payments.
        (2) Postage and telephone charges directly related to thecontest.
    (b) The costs of a contest may not include the following:
        (1) General administrative costs.
        (2) Security.
        (3) Allowances for meals or lodging.
    (c) The costs of a contest shall be paid from the county generalfund without appropriation.
As added by P.L.8-1992, SEC.34. Amended by P.L.176-1999,SEC.103.