3-12-13-3. “Post-Election Audit”
Sec. 3. As used in this chapter, “post-election audit” means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome. As added by P.L.34-2019, SEC.1. Amended by P.L.115-2022, SEC.14.
3-12-13-4. Designation of Counties as Post-Election Audit Counties
Sec. 4. (a) The secretary of state may designate counties as post-election audit counties. (b) For a county to be designated as a post-election audit county, the county election board must adopt a resolution requesting the secretary of state to designate the county as a post-election audit county. (c) In designating a county as a […]
3-12-13-5. Elections Subject to Post-Election Audits
Sec. 5. (a) The secretary of state shall determine the number of elections that are subject to a post-election audit. (b) All contested elections for an elected office and all public questions are eligible for designation under subsection (a) for a post-election audit. As added by P.L.34-2019, SEC.1. Amended by P.L.135-2020, SEC.11; P.L.115-2022, SEC.16.
3-12-13-6. Waiver of Requirements
Sec. 6. (a) The secretary of state may waive the requirement of section 5 of this chapter, after a written request by a county election board. (b) The secretary of state may waive the requirement of section 5 of this chapter only if the county election board shows that the technology in use by the […]
3-12-13-7. Secretary of State Administrative Orders
Sec. 7. (a) The secretary of state shall issue orders to implement and administer the requirements of this chapter. (b) In issuing an order under subsection (a), the secretary of state shall: (1) consult with recognized statistical experts, equipment vendors, the election division, and county election officials; and (2) consider best practices for conducting post-election […]
3-12-12-18. Manual Recount Request; Withdrawal
Sec. 18. (a) A petition filed under this chapter may request that ballot cards in specified precincts that used a ballot card voting system be counted manually. If a petition includes such a request, the recount commission may not use automatic tabulating machines to count ballot cards in the specified precincts. Ballot cards in those […]
3-12-12-19. Certificate of Recount Totals
Sec. 19. When a recount is completed by a recount commission appointed under this chapter, the commission shall: (1) make and sign a certificate showing the total number of votes received in the precincts on the public question; (2) state in its certificate whether affirmative or negative votes received the highest number of votes in […]
3-12-12-20. Effect of Recount Certificate
Sec. 20. A recount certificate made under section 19 of this chapter supersedes all previous returns made in any form of the recounted votes. A certified copy of a recount certificate constitutes prima facie evidence of the votes cast on the public question in the precincts in any contest or other proceeding in which there […]
3-12-12-21. Finality of Commission Determination; Appeal
Sec. 21. The determination of a recount commission under section 19 of this chapter is final, although an appeal may be taken to the circuit court, superior court, or probate court that appointed the commission. As added by P.L.10-1988, SEC.181. Amended by P.L.84-2016, SEC.16.
3-12-12-6. Payment of Costs Upon Failure to Provide Cash Deposit
Sec. 6. (a) This section does not apply to a petitioner if it is determined that the result of the public question is other than what was shown on the face of the election returns. (b) If a cash deposit was not made as required by section 5 of this chapter, the petitioner shall pay […]