Sec. 1. (a) This section does not apply to a challenge filed before an election to the eligibility of a candidate nominated by petition for election to an office. The challenge described by this subsection must be conducted in accordance with IC 3-8-1-2. (b) Any candidate for nomination or election to a local or school […]
Sec. 10. The contestee shall appear and answer the petition by the day fixed in the notice issued under section 8 of this chapter unless the court extends the time for good cause. The contestee may: (1) present any defense or answer that the contestee has to the allegations of the petition under an answer […]
Sec. 11. Any other person who was a candidate at the election for nomination or election to the office involved and upon whom notice was served under section 9 of this chapter is a party to the proceeding and may state any right or claim the person may have by an answer or counterclaim. [Pre-1986 […]
[Pre-1986 Recodification Citation: 3-1-28-4(b).] As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
[Pre-1986 Recodification Citation: 3-1-28-5 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
[Pre-1986 Recodification Citation: 3-1-28-5 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
Sec. 15. A contest for an office for which the voters of only one (1) county cast votes shall be tried in that county. However, a change of venue from the judge is allowed under the Indiana rules of trial procedure. A contest for an office for which the voters of two (2) or more […]
Sec. 16. The court shall fix a date within twenty (20) days after the return day fixed in the notice to the contestee for the hearing of a contest. [Pre-1986 Recodification Citation: 3-1-28-6 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.157.
Sec. 17. (a) A contest shall be heard and determined by the court without a jury subject to the Indiana Rules of Trial Procedure. (b) The court shall determine the issues raised by the petition and answer to the petition. (c) After hearing and determining a petition alleging that a candidate is ineligible, the court […]
Sec. 17.5. (a) After a special election ordered under section 17 of this chapter is conducted, the county election board shall issue a corrected canvass of the votes. The corrected canvass must substitute the votes cast in the special election in a precinct for each candidate for the votes cast for that candidate in that […]
Sec. 18. A circuit court clerk shall certify the determination made concerning the election contest under section 17 of this chapter to the: (1) county election board; (2) election division, if the contest concerned an office for which a declaration of candidacy must be filed with the election division under IC 3-8-2; and (3) governor, […]
Sec. 19. The judgment and determination of a court under section 17 of this chapter are final, although an appeal may be taken. [Pre-1986 Recodification Citation: 3-1-28-6 part.] As added by P.L.5-1986, SEC.8.
Sec. 2. An election may be contested under section 1 of this chapter if a petitioner alleges that one (1) of the following circumstances existed: (1) The contestee was ineligible (other than a candidate in a primary election certified as deceased under IC 3-8-7-1). (2) A mistake occurred in the printing or distribution of ballots […]
Sec. 2.5. (a) This section does not apply to a contest concerning whether a contestee was ineligible as alleged under section 2(1) of this chapter. (b) 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, […]
Sec. 20. If a contest involves the nomination or election of the judge of the court in which the petition of contest is filed, and the regular judge of the court is a party to the case, then the regular judge is disqualified to act in any way in the case. The judge shall, within […]
Sec. 21. On demand of a person receiving a commission or certificate of election issued following the certification under section 18 of this chapter, a person in possession of the office in question shall vacate the office. If the person in possession fails to do so, the court may compel the vacation of the office […]
Sec. 22. (a) The costs of a contest may include the following: (1) Compensation of additional employees required to conduct the contest, including overtime payments to regular employees who are eligible to receive such payments. (2) Postage and telephone charges directly related to the contest. (b) The costs of a contest may not include the […]
[Pre-1986 Recodification Citation: 3-1-28-3 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
[Pre-1986 Recodification Citation: 3-1-28-3 part.] As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.
Sec. 5. (a) A candidate who desires to contest an election or a nomination under this chapter must file a verified petition with the circuit court clerk of the county that contains the greatest percentage of the population of the election district no later than noon fourteen (14) days after election day. (b) A county […]
