§ 3-12-11-11 — Cash deposit by cross-petitioner

Indiana § 3-12-11-11

• Jurisdiction: Indiana
• Art. 12: ASCERTAINING RESULTS OF ELECTIONS
• Ch. 11: Recount and Contest Procedures for Presidential

Text

(a) This section applies if a cross-petition is
filed under this chapter.
(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
cross-petitioner and the petitioner with the greatest number of
votes 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 cross-petitioner and the petitioner with the greatest
number of votes is not more than one percent (1%) of the total
votes cast for all candidates for the nomination or office.
The cross-petitioner shall furnish a cash deposit equal to ten dollars
($10) multiplied by the number of precincts that the cross-petitioner
seeks to have recounted. The cash deposit shall be deposited in the
state recount fund.
(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
cross-petitioner and the petitioner with the greatest number of
votes is 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 cross-petitioner and the petitioner with the greatest
number of votes is more than one percent (1%) of the total votes
cast for all candidates for the nomination or office.
The cross-petitioner shall furnish a cash deposit equal to ten dollars
($10) multiplied by the number of precincts that the cross-petitioner
seeks to have recounted for the first ten (10) precincts recounted. For
each precinct in excess of ten (10) the cross-petitioner seeks to have
recounted, the cross-petitioner shall furnish an additional cash deposit
equal to one hundred dollars ($100) multiplied by the number of
precincts in excess of ten (10) that the cross-petitioner seeks to have
recounted. The cash deposit shall be deposited in the state recount
fund.
(d) If after a recount, it is determined that the cross-petitioner has
been nominated or elected, the deposit furnished by the cross-petitioner
shall be returned to the cross-petitioner in full.
(e) Any unexpended balance remaining in a deposit after payment
of the costs of the recount shall be deposited in the state recount fund.

Legislative History

As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.403; P.L.8-1995, SEC.61; P.L.176-1999, SEC.110; P.L.221-2005, SEC.125.