US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

3-6-5-26. Examination of Persons; Administration of Oaths

Sec. 26. A county election board may examine under oath any person with regard to a material matter connected with the proper discharge of its duties. Any member of the board may administer the oath. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.L.5-1986, SEC.2.

3-6-5-27. Subpoena Power

Sec. 27. A county election board may subpoena persons and papers and compel the witnesses to answer under oath any questions that properly come before the board. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.L.5-1986, SEC.2.

3-6-5-28. Service of Process

Sec. 28. The sheriff of a county, for a general election, and the chief law enforcement officer of a municipality, for a municipal election, shall serve all processes issued by a county election board. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.L.5-1986, SEC.2.

3-6-5-29. Refusal of Person to Attend or Testify; Court Order; Contempt

Sec. 29. If a person subpoenaed by a county election board refuses to attend or testify, the board shall report that fact to a circuit or superior court of the county. The court shall order the witness to attend and testify. If the witness fails or refuses to obey the order, the witness shall be […]

3-6-5-30. Witness Fees

Sec. 30. A witness who is subpoenaed by a county election board is entitled to be paid the same mileage and fee to which witnesses in court actions are entitled. Mileage and fees shall be paid as other election expenses are paid. [Pre-1986 Recodification Citation: 3-1-4-7 part.] As added by P.L.5-1986, SEC.2.

3-6-5-31. Election Law Violations; Investigation; Action by Board

Sec. 31. If a county election board determines that there is substantial reason to believe an election law violation has occurred, it shall expeditiously make an investigation. If in the judgment of the board, after affording due notice and an opportunity for a hearing, a person has engaged or is about to engage in an […]

3-6-5-32. Civil Action by Attorney General or Prosecuting Attorney; Injunctions

Sec. 32. Upon referral under section 31 of this chapter, the attorney general or prosecuting attorney shall institute on behalf of the state a civil action for relief, including a permanent or temporary injunction, restraining order, or other appropriate order in a circuit or superior court in the county in which the person is found, […]

3-6-5-33. Assistance by Law Enforcement Officers

Sec. 33. The county sheriff, the chief law enforcement officer of a municipality within the county, and other law enforcement officers shall assist a county election board, upon request, in the enforcement of the election laws and the discharge of its duties, including the use of police radio and telephone service on election days. [Pre-1986 […]

3-6-5-34. Appeal of County Election Board Decision; Time to File

Sec. 34. Except as expressly provided by statute, an appeal may be taken from a decision of a county election board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject to the appeal. […]

3-6-5-4. Appointment of Members; Term of Office

Sec. 4. The board members appointed by the circuit court clerk serve until their successors are appointed and qualified. [Pre-1986 Recodification Citation: 3-1-4-2 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.35.

3-6-5-4.5. Proxy of Record; Alternate Proxy

Sec. 4.5. (a) A member may appoint an individual to serve as a proxy of record in the member’s place as a member of the county election board by filing a written instrument appointing the proxy of record with the circuit court clerk. The proxy of record has the same authority to act and vote […]

3-6-5-5. Nominations by County Chairmen

Sec. 5. The county chairman of each of the major political parties of a county may nominate, in writing, a member of the chairman’s party for appointment to the county election board. The circuit court clerk shall appoint the nominee to the board. [Pre-1986 Recodification Citation: 3-1-4-2 part.] As added by P.L.5-1986, SEC.2. Amended by […]

3-6-5-6. Removal of Member Upon Request of County Chairman

Sec. 6. A circuit court clerk shall remove any member of the county election board upon the request of the county chairman of the political party that nominated that member. The clerk then shall appoint a new member nominated by the county chairman. [Pre-1986 Recodification Citation: 3-1-4-2 part.] As added by P.L.5-1986, SEC.2.

3-6-5-7. Vacancies

Sec. 7. In case of a vacancy in the office of either appointee to a county election board, the circuit court clerk shall, within five (5) days, send written notice of the vacancy to the county chairman of the appointee’s political party. The chairman may, within five (5) days after receiving notice of the vacancy, […]

3-6-5-8. Chairman of County Election Board; Secretary

Sec. 8. The members of a county election board shall select one (1) of the appointed members to serve as chairman. The circuit court clerk shall serve as secretary of the board. [Pre-1986 Recodification Citation: 3-1-4-1 part.] As added by P.L.5-1986, SEC.2.

3-6-5-9. Compensation of Members and Secretary

Sec. 9. Each county fiscal body shall determine, in the manner provided by law, the compensation of: (1) the appointed members of the county election board; and (2) the circuit court clerk for the clerk’s services as secretary of the county election board. [Pre-1986 Recodification Citation: 3-1-4-9.1.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, […]