3-12-10-1. Establishment of Commission
Sec. 1. The state recount commission is established. As added by P.L.7-1986, SEC.18. Amended by P.L.11-1993, SEC.4.
3-12-10-10. Secretary of State; Assignment of Staff and Facilities
Sec. 10. The secretary of state may assign any of the election division’s staff and facilities to the state recount commission to carry out the commission’s responsibilities. As added by P.L.7-1986, SEC.18. Amended by P.L.8-1995, SEC.57.
3-12-10-11. Reimbursement of Agencies or Offices for Expenses
Sec. 11. The state recount commission shall reimburse any agency or office described in sections 8, 9, and 10 of this chapter that incurs any expense to carry out the responsibilities of the commission in conformity with the policies and procedures established by the state budget agency. As added by P.L.7-1986, SEC.18.
3-12-10-12. Expenses of Recount; Expenses Reimbursed; Claims for Expenses
Sec. 12. (a) The expenses of a recount conducted by the state recount commission shall be paid from the state recount fund following the commission’s determination of whether a full or partial refund of the cash deposit should be granted under IC 3-12-11-10. (b) The expenses of a contest conducted by the state recount commission […]
3-12-10-12.5. Electronic Mail Filings; Not Applicable to Recount Petition, Contest Petition, or Cross-Petition
Sec. 12.5. (a) This section does not apply to the filing of a recount petition, contest petition, or cross-petition under IC 3-12-11. (b) Notwithstanding IC 3-5-4-1.7, the state recount commission may receive filings by electronic mail from attorneys representing an individual or party in a recount or contest proceeding following the filing of the original […]
3-12-10-13. Reimbursement by Candidate Filing Petition; Petitioner’s Liability for Expenses of Another Party
Sec. 13. (a) This section does not apply to a petitioner who is determined to have been nominated or elected after the recount or the contest. (b) A candidate filing a petition under IC 3-12-11 shall reimburse the state for the expenses of the state recount commission in the amount of the cash deposit required […]
3-12-10-14. Reimbursement by Candidate Filing Cross-Petition or Opposing Party in a Contest Action
Sec. 14. (a) This section does not apply to: (1) a cross-petitioner who is determined to have been nominated or elected after a recount; or (2) an opposing party in a contest action who prevails. (b) A candidate filing a cross-petition under IC 3-12-11 or an opposing party in a contest action under IC 3-12-11 […]
3-12-10-15. Determination of Expenses
Sec. 15. The state recount commission shall determine the expenses chargeable to a person under sections 13 and 14 of this chapter. As added by P.L.7-1986, SEC.18.
3-12-10-16. Application of Ic 4-21.5
Sec. 16. IC 4-21.5 does not apply to the state recount commission. As added by P.L.7-1986, SEC.18. Amended by P.L.7-1987, SEC.2.
3-12-10-17. Stay of Court Action Pending Final Determination by Recount Commission
Sec. 17. Any court action related to the election for an office that is the subject of a: (1) recount proceeding under IC 3-12-11; or (2) contest proceeding under IC 3-12-11; is stayed until the state recount commission has rendered a final determination. As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.395.
3-12-10-18. Judicial Review
Sec. 18. (a) Any party to a final determination of the state recount commission concerning a nomination subject to IC 3-12-11 or election to a state office other than governor or lieutenant governor may appeal the final determination to the court of appeals for errors of law under the same terms, conditions, and standards that […]
3-12-10-2. Repealed
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.385; P.L.10-1988, SEC.162. Repealed by P.L.8-1995, SEC.71.
3-12-10-2.1. Members
Sec. 2.1. (a) Except as provided in this section, the secretary of state and the designee of the state chairman of each of the major political parties of the state shall serve as members of the state recount commission. (b) Except as provided in this section, the secretary of state shall serve as the chair […]
3-12-10-2.2. State Recount Fund; Purpose; Administration; Expenses; Reversion to General Fund; Appropriations
Sec. 2.2. (a) The state recount fund is established for the purpose of receiving, holding, and disbursing funds as a fiduciary for the state recount commission and individuals who have provided a cash deposit under this article. The fund shall be administered by the administrative division of the office of the secretary of state. (b) […]
3-12-10-2.5. Recount Director
Sec. 2.5. The state recount commission shall employ and set the salary of a recount director. The recount director shall perform the tasks delegated to the director by the commission. As added by P.L.3-1987, SEC.386.
3-12-10-3. Per Diem; Expenses
Sec. 3. (a) Each member of the state recount commission other than the secretary of state is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). (b) Each member of the state recount commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member’s duties, as […]
3-12-10-4. Recount and Contest Proceedings
Sec. 4. (a) The state recount commission shall conduct recount proceedings under IC 3-12-11 resulting from: (1) a presidential primary election; (2) the nomination of a candidate to a federal, state, or legislative office in a primary election; or (3) an election for a federal, state, or legislative office. (b) The state recount commission shall […]
3-12-10-5. Powers; Rules
Sec. 5. (a) The state recount commission may, to comply with section 4 of this chapter: (1) impound, take possession of, transport, or otherwise protect any election records or equipment related to a recount or contest; (2) issue subpoenas, discovery orders, and protective orders; (3) conduct and regulate the course of hearings and other proceedings; […]
3-12-10-5.5. Impoundment; Use of Copies of Election Material
Sec. 5.5. A circuit court clerk or board of registration may use a copy of election material other than ballots made under section 5 of this chapter instead of an original subject to an impoundment order under that section until the commission orders the release of the original. As added by P.L.3-1987, SEC.390.
3-12-10-6. Election Records or Equipment; Impoundment, Possession, Transportation, or Protection
Sec. 6. Without the filing of a petition under IC 3-12-11, the state recount commission may impound, take possession of, transport, or otherwise protect any election records or equipment that the commission determines may be the subject of: (1) a recount proceeding; or (2) a contest proceeding conducted by the state recount commission under IC […]