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Home » US Law » 2022 Indiana Code » Title 3. Elections » Article 12. Ascertaining Results of Elections » Chapter 12. Recount Procedures for Public Questions

3-12-12-1. Voters Entitled to Recount

Sec. 1. (a) Any voter who satisfies both of the following is entitled to have the votes cast on a public question on the ballot in that election district recounted under this chapter: (1) The voter is a voter in the election district where the public question was on the ballot at the election. (2) […]

3-12-12-1.5. Chapter Establishes Standards to Define Vote in Recount

Sec. 1.5. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on a paper ballot, an optical scan voting system, or an electronic voting system in a recount conducted under this chapter. As added by P.L.209-2003, SEC.191. Amended by […]

3-12-12-1.7. “Petitioner”

Sec. 1.7. As used in this chapter, “petitioner” refers to the individual voter whose name is listed first on the petition filed under section 2 of this chapter. As added by P.L.76-2014, SEC.57.

3-12-12-10. Consolidated Petitions and Orders

Sec. 10. If there is a consolidation of petitions, the court shall by consolidated order grant the consolidated petitions and order a consolidated recount of all votes on the public question in all precincts in the counties requested in the petitions. As added by P.L.10-1988, SEC.181.

3-12-12-11. Recount Commission; Membership

Sec. 11. (a) A recount commission consists of three (3) persons. (b) Two (2) members of the commission must be voters who: (1) are members of different major political parties of the state; and (2) were qualified to vote at the election in a county in which the election district that voted on the public […]

3-12-12-12. Compensation of Commission Members

Sec. 12. Each member of a recount commission is entitled to a per diem not to exceed one hundred dollars ($100) for each day actually engaged in making the recount. The judge of the court having jurisdiction over the recount shall fix the compensation paid under this section. As added by P.L.10-1988, SEC.181. Amended by […]

3-12-12-13. Sending Copy of Recount Order

Sec. 13. On the day when the order of a recount is made and entered by the court, the circuit court clerk shall send a certified copy of the order by certified mail to the petitioner at the address stated in the petition. The clerk shall charge the cost of mailing the order to each […]

3-12-12-14. Impoundment and Protection of Voting Equipment and Materials

Sec. 14. (a) A court ordering a recount under this chapter shall by order impound and provide for the protection of the following: (1) All ballots and electronic voting systems used at the election for casting votes in the precincts. (2) All tally sheets relating to the votes cast on the public question. (3) All […]

3-12-12-15. Copies of Impounded Materials

Sec. 15. A circuit court clerk or board of registration may use a copy made under section 14 of this chapter instead of an original subject to an impoundment order under that section until the court orders the release of the original. As added by P.L.10-1988, SEC.181.

3-12-12-16. Access to Impounded Materials

Sec. 16. A court acting under section 14 of this chapter shall make the ballots, electronic voting systems, tally sheets, and poll lists available to the recount commission appointed under this chapter. As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005, SEC.133.

3-12-12-17. Recount by Commission; Watchers

Sec. 17. (a) After a recount is ordered under section 9 of this chapter, the recount commission shall convene at a place fixed by order of the court and expeditiously complete the recount of all votes ordered recounted. (b) The petitioner may designate a watcher to be present at the recount and may also be […]

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 […]

3-12-12-2. Filing of Petition

Sec. 2. A voter who desires a recount under this chapter must file a verified petition no later than noon fourteen (14) days after election day. The petition must be filed: (1) in the circuit court, superior court, or probate court of each county in which is located a precinct in which the voter desires […]

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.