§ 3-12-11-12 — Conditions for accepting petitions and cross-petitions and ordering recounts; dismissal of petitions; notice

(a) Except as provided in subsection (d) or
(e), the state recount commission shall accept the petitions and
cross-petitions that have been filed and order the recount of the votes
in the precincts upon:
(1) the filing of a petition and cash deposit or bond under this
chapter;
(2) the expiration of the period under section 4 of this chapter for
filing a cross-petition; and
(3) proof of service of all notices.
(b) Except as provided in subsection (d), whenever a petition filed
under section 2 of this chapter requests a recount in all precincts in the
election district, the state recount commission may order a recount in
the precincts upon:
(1) the filing of a cash deposit or bond under this chapter; and
(2) proof of service of all notices.
(c) Except as provided in subsection (d), the state recount
commission shall accept a petition for a contest that has been filed and
order a contest proceeding upon:
(1) the filing of a petition under this chapter; and
(2) proof of service of all notices.
(d) Whenever a motion to dismiss a petition or cross-petition for a
recount or a petition for a contest is filed with the state recount
commission or is made by a member of the commission, the
commission shall rule on the motion to dismiss before ordering or
continuing with a recount or a contest. The motion to dismiss must:
(1) state that the petitioner or cross-petitioner has failed to comply
with this chapter; and
(2) specifically identify the requirement that the petitioner or
cross-petitioner has failed to comply with.
(e) Whenever the petitioner and each cross-petitioner or respondent
file a joint motion to dismiss a recount or contest, the commission shall
rule on the motion to dismiss before ordering or continuing with a
recount or contest.
(f) If the state recount commission orders a recount proceeding or
contest proceeding, the commission shall send notice of the order to
each candidate or party chair named in the petition. However, if an
attorney has filed an appearance with the commission on behalf of a
candidate or party chair, the notice shall be sent to the attorney. A
notice under this subsection shall be sent by:
(1) electronic mail if the candidate, party chair, or attorney has
provided an electronic mail address to the commission; or
(2) certified mail, in all other cases.

Legislative History

As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.404; P.L.176-1999, SEC.111; P.L.221-2005, SEC.126; P.L.194-2013, SEC.86.