Indiana § 3-12-11-18 Certification of recount results; final determination of candidate
eligibility; special election order

Indiana Statutes

§ 3-12-11-18 — Certification of recount results; final determination of candidate eligibility; special election order

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

(a)When a recount is completed by the state recount commission or its designee, the commission shall:

(1)make and sign a certificate showing the total number of votes received in the precincts by each candidate for nomination or election to the office;

(2)state in its certificate the candidate who received the highest number of votes in the precincts for nomination or election to the office and by what plurality; and

(3)file its certificate with the election division.

(b)When a contest proceeding in which a candidate is alleged to be ineligible is completed by the state recount commission or its designee, the commission shall make a final determination concerning the eligibility of the candidate for nomination or election to the office.

(c)If the state recount commission or its desig

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(a) When a recount is completed by the state
recount commission or its designee, the commission shall:
(1) make and sign a certificate showing the total number of votes
received in the precincts by each candidate for nomination or
election to the office;
(2) state in its certificate the candidate who received the highest
number of votes in the precincts for nomination or election to the
office and by what plurality; and
(3) file its certificate with the election division.
(b) When a contest proceeding in which a candidate is alleged to be
ineligible is completed by the state recount commission or its designee,
the commission shall make a final determination concerning the
eligibility of the candidate for nomination or election to the office.
(c) If the state recount commission or its designee determines that:
(1) a mistake was made in the printing or distribution of ballots
used in the election;
(2) a mistake was made in the programming of an electronic
voting system;
(3) an electronic voting system malfunctioned; or
(4) a deliberate act or series of actions occurred;
that makes it impossible to determine which candidate received the
highest number of votes cast, the commission shall order that a special
election be conducted under IC 3-10-8.
(d) The special election ordered under subsection (c) shall be held
in the precincts identified in the petition in which the commission
determines that:
(1) ballots containing the printing mistake or distributed by
mistake were cast;
(2) a mistake occurred in the programming of an electronic voting
system;
(3) an electronic voting system malfunctioned; or
(4) a deliberate act or series of actions occurred.

Indiana § 3-12-11-18 (Certification of recount results; final determination of candidate eligibility; special election order) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.410; P.L.10-1988, SEC.174; P.L.10-1989, SEC.16; P.L.3-1997, SEC.372; P.L.14-2004, SEC.166; P.L.221-2005, SEC.130.