§ 3-12-11-10 — Cash deposit for payment of costs by petitioner; appointment of commission member proxy

(a) Each petitioner shall furnish a cash
deposit for the payment of costs of the recount chargeable to the
petitioner. The minimum amount of the cash deposit is one hundred
dollars ($100). The cash deposit shall be deposited in the state recount
fund.
(b) This subsection applies only to a recount of an election for
nomination or election to either of the following:
(1) A legislative office in which, on the face of the election
returns, the difference between the number of votes cast for the
candidate nominated or elected and the petitioner is not more than
one percent (1%) of the total votes cast for all candidates for the
nomination or office.
(2) An office other than a legislative office in which, on the face
of the election returns, the difference between the number of votes
cast for the candidate nominated or elected and the petitioner is
not more than one percent (1%) of the total votes cast for all
candidates for the nomination or office.
If the number of precincts to be recounted exceeds ten (10), the amount
of the deposit shall be increased by ten dollars ($10) for each precinct
in excess of ten (10).
(c) This subsection applies only to a recount of an election for
nomination or election to either of the following:
(1) A legislative office in which, on the face of the election
returns, the difference between the number of votes cast for the
candidate nominated or elected and the petitioner is more than
one percent (1%) of the total votes cast for the nomination or
office.
(2) An office other than a legislative office in which, on the face
of the election returns, the difference between the number of votes
cast for the candidate nominated or elected and the petitioner is
more than one percent (1%) of the total votes cast for the
nomination or office.
If the number of precincts to be recounted exceeds ten (10), the amount
of the deposit shall be increased by one hundred dollars ($100) for each
precinct in excess of ten (10).
(d) If after a recount, it is determined that a petitioner has been
nominated or elected, the deposit furnished by that petitioner shall be
returned to that petitioner in full.
(e) Any unexpended balance remaining in a deposit after payment
of the costs of the recount shall be returned to the depositor in the
following manner:
(1) If the recount results in a reduction of at least fifty percent
(50%) but less than one hundred percent (100%) of the margin of
the total certified votes, the petitioner shall receive a refund of
that percentage of the unexpended balance.
(2) If after a recount, it is determined that a petitioner has been
nominated or elected, the deposit or the bond furnished by that
petitioner shall be returned to that petitioner in full.
(3) Any unexpended balance remaining after the provision of
subdivision (1) has been satisfied shall be deposited in the state
recount fund.
(f) A member of the commission may appoint an individual to serve
as a proxy of record in the member's place as a member of the
commission by filing with the election division a written instrument
appointing the proxy of record. The proxy of record has the same
authority to act and vote on all matters as does the member. The
member may revoke the authority of the proxy of record at any time.
The authority of the proxy of record may either be limited or general
concerning the duration or subject matter as set forth by the member in
the written instrument appointing the proxy.

Legislative History

As added by P.L.7-1986, SEC.19. Amended by P.L.8-1995, SEC.60; P.L.176-1999, SEC.109; P.L.14-2004, SEC.165; P.L.109-2021, SEC.70.