Sec. 21. (a) After a recount is ordered under section 14 of this chapter, the recount commission shall convene at a place fixed by order of the court. (b) Whenever a motion to dismiss a petition or cross-petition for a recount is filed with the court, the court shall rule on the motion to dismiss […]
Sec. 21.5. (a) A petition or cross-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 or cross-petition includes such a request, the recount commission may not use automatic tabulating machines to count ballot cards in the specified precincts. […]
Sec. 21.7. (a) Unless the recount commission makes a finding under subsection (b), the recount commission shall: (1) count ballots in accordance with this article; and (2) not order that all ballots in a precinct not be counted. (b) If: (1) a party to the recount presents evidence of fraud, tampering, or misconduct affecting the […]
Sec. 21.9. (a) Except as provided in subsection (c), a recount for nomination to an office conducted under this chapter shall be completed not later than the final Friday in June following the primary. (b) Except as provided in subsection (c), a recount for election to an office conducted under this chapter shall be completed […]
Sec. 22. (a) When a recount is completed by a commission appointed under this chapter, the commission shall: (1) make and sign a certificate showing the total number of votes received in the precincts by each candidate for nomination or election to the office; (2) state in its certificate the candidate who received the highest […]
Sec. 22.5. (a) After the commission files its certificate under section 22 of this chapter, the court that appointed the commission shall issue an order that does the following: (1) Acknowledges the filing of the certificate. (2) Discharges the commission. (3) Releases election materials impounded during the recount. (b) The determination of a commission under […]
Sec. 23. A recount certificate made under section 22 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 for nomination or election to the office in the precincts in any contest or other proceeding […]
[Pre-1986 Recodification Citation: 3-1-27-14 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.
[Pre-1986 Recodification Citation: 3-1-27-14 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.
[Pre-1986 Recodification Citation: 3-1-27-14 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.
Sec. 27. If a recount is made under this chapter for nomination or election to an office for which votes were cast in more than one (1) county, each circuit court clerk where the recount was made shall determine whether the votes in the precincts shown by the recount certificate differ from the votes that […]
Sec. 28. (a) A circuit court clerk shall immediately transmit a certificate prepared under section 27 of this chapter showing the votes cast for nomination or election to an office to the election division if the recount concerned an office for which a declaration of candidacy must be filed with the election division under IC […]
Sec. 29. Upon receipt of a circuit court clerk’s certificate under section 28 of this chapter, the election division shall tabulate the vote from the county for the office in accordance with the certificate. If the election division previously included in a tabulation the votes cast for the office as returned by the county election […]
Sec. 3. Each petition filed under section 2 of this chapter must state the following: (1) The office for which the petitioner desires a recount. (2) The precincts within the county in which the petitioner desires a recount. (3) That the petitioner is entitled to a recount under section 1 of this chapter. (4) That […]
Sec. 30. If a recount is made under this chapter for nomination or election to an office for which votes were cast only in a single county, the circuit court clerk shall determine whether the votes shown by the recount certificate differ from the votes that were tabulated by the county election board. If the […]
Sec. 31. (a) The circuit court clerk shall transmit the certificate prepared under section 30 of this chapter to the election division, the county election board or other public official authorized by this title to issue: (1) a certificate of nomination under IC 3-8-7; (2) a certificate of election under IC 3-10-7-34 or IC 3-12-5-2; […]
Sec. 32. The candidate shown by a corrected vote tabulation under section 29 or 30 of this chapter to have received the highest number of votes for nomination or election to an office is entitled to a certificate of nomination under IC 3-8-7 or a certificate of election or commission for the office, even though […]
Sec. 33. On the demand of a person receiving a commission or certificate of election issued upon the filing of the certificate of a recount commission, a person in possession of the office in question shall vacate and deliver the office. If the person in possession refuses to do so, the court may compel the […]
Sec. 4. A candidate who is nominated or elected to an office at an election on the face of the election returns may file a verified cross-petition for a recount no later than noon twenty-one (21) days after election day. If a petition for a recount is filed for an office for which voters in […]
Sec. 5. The failure to file either a cross-petition or an answer to a petition for a recount does not: (1) constitute an admission of the truth of the allegations of the petition; or (2) imply a presumption in favor of the petition. [Pre-1986 Recodification Citation: 3-1-27-3 part.] As added by P.L.5-1986, SEC.8.
