§ 3-12-10-18 — Judicial review

Indiana § 3-12-10-18

• Jurisdiction: Indiana
• Art. 12: ASCERTAINING RESULTS OF ELECTIONS
• Ch. 10: State Recount Commission

Text

(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
govern appeals in ordinary civil actions. An assignment of errors that
the commission's final determination is contrary to law is sufficient to
present both the sufficiency of the facts found to sustain the
commission's determination and the sufficiency of the evidence to
sustain the findings of facts upon which the commission's
determination was rendered.
(b) If the court of appeals finds that a party has been substantially
prejudiced by commission action that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;
(2) contrary to constitutional right, power, privilege, or immunity;
(3) in excess of statutory jurisdiction, authority, or limitations, or
short of statutory right; or
(4) without observance of procedure required by law;
the court may set aside the final determination of the commission. The
court may remand the case to the commission for further proceedings
and compel commission action that has been unreasonably delayed or
unlawfully withheld.

Legislative History

As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.396; P.L.10-1988, SEC.166; P.L.194-2013, SEC.83.