IC 3-12-9
    Chapter 9. Resolving Tie Votes

IC 3-12-9-1
Special election for tie vote; primary election
    Sec. 1. (a) Whenever a tie vote at an election for:
        (1) a federal office;
        (2) a state office (other than governor and lieutenant governor);or
        (3) a legislative office;
occurs, a special election shall be held.
    (b) Whenever a tie vote occurs at a primary election for thenomination of a candidate to be voted for at the general or municipalelection, IC 3-13-1-17 applies.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.383;P.L.1-2005, SEC.54; P.L.230-2005, SEC.59.

IC 3-12-9-2
Offices of governor and lieutenant governor; majority of statesenate and house of representatives meeting in joint session to elect
    Sec. 2. Whenever a tie vote at an election for the offices ofgovernor and lieutenant governor occurs, a majority of the statesenate and house of representatives meeting in joint session shallelect these officials from among the candidates receiving the tie votein accordance with Article 5, Section 5 of the Constitution of theState of Indiana.
As added by P.L.5-1986, SEC.8.

IC 3-12-9-3
Local, circuit, or school board office; written notice of tie vote tofiscal body
    Sec. 3. Whenever a circuit court clerk receives certification thata tie vote at an election for a local office or a school board officeoccurred, the clerk shall immediately send a written notice of the tievote to:
        (1) the fiscal body of the affected political subdivision; or
        (2) if the tie vote occurred in an election for a circuit office ina circuit that includes more than one county, to the fiscal bodyof each county of the circuit.
As added by P.L.5-1986, SEC.8. Amended by P.L.230-2005, SEC.60.

IC 3-12-9-4
Local, circuit, or school board office; filling office
    Sec. 4. (a) The fiscal body of a political subdivision that receivesnotice under section 3 of this chapter shall resolve the tie vote byelecting a person to fill the office not later than December 31following the election (or not later than June 30 following theelection of a school board member in May) at which the tie voteoccurred. The fiscal body shall select one (1) of the candidates whowas involved in the tie vote to fill the office.    (b) If a tie vote has occurred in an election for a circuit office ina circuit that contains more than one (1) county, the fiscal bodies ofthe counties shall meet in joint session at the county seat of thecounty that contains the greatest percentage of population of thecircuit to select one (1) of the candidates who was involved in the tievote in order to fill the office in accordance with this section.
    (c) If a tie vote has occurred for the election of more than one (1)at-large seat on a legislative or fiscal body, the fiscal body shallselect the number of individuals necessary to fill each of the at-largeseats for which the tie vote occurred. However, a member of a fiscalbody who runs for reelection and is involved in a tie vote may notcast a vote under this section.
    (d) The executive of the political subdivision (other than a townor a school corporation) may cast the deciding vote to break a tievote in a fiscal body acting under this section. The clerk-treasurer ofthe town may cast the deciding vote to break a tie vote in a townfiscal body acting under this section. A tie vote in the fiscal body ofa school corporation under this section shall be broken underIC 20-23.
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.159;P.L.14-2004, SEC.162; P.L.230-2005, SEC.61; P.L.164-2006,SEC.127.

IC 3-12-9-5
State, local, or school board offices; official to remain in office untilsuccessor is elected and qualified
    Sec. 5. Whenever a tie vote at an election for:
        (1) a state office;
        (2) a local office; or
        (3) a school board office;
occurs, the incumbent public official remains in office in accordancewith Article 15, Section 3 of the Constitution of the State of Indianauntil a successor is elected under this chapter and qualified.
As added by P.L.5-1986, SEC.8.

IC 3-12-9-6
Filing of recount petition or contesting of nomination or election
    Sec. 6. This chapter does not prohibit:
        (1) a candidate from filing a recount petition under IC 3-12-6 orIC 3-12-11;
        (2) a candidate from contesting a nomination or election underIC 3-12-8 or IC 3-12-11; or
        (3) a petitioner from filing a recount petition under IC 3-12-12.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.384;P.L.5-1988, SEC.15; P.L.10-1988, SEC.160.

IC 3-12-9-7
Tie vote on public question
    Sec. 7. If a tie vote occurs on a public question, the question isdefeated.As added by P.L.10-1988, SEC.161.