§ 3-12-11-3 — Content of petition

Indiana § 3-12-11-3

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

Text

(a) Each petition for a recount filed under
section 2 of this chapter must state the following:
(1) The office for which the petitioner desires a recount.
(2) The precincts in which the petitioner desires a recount.
(3) That the individual is entitled to a recount under this chapter
and that the nomination or election to office at issue was voted
upon in the precincts specified.
(4) The name of the candidates as set forth on the ballot for the
election and address of the candidates as set forth in the records
of the election division.
(5) That the petitioner in good faith believes that the votes cast for
nomination or election to the office at the election in the precincts
were not correctly counted and returned.
(6) That the petitioner desires a recount of all of the votes cast for
nomination or election to the office in the precincts specified.
(b) Each petition for a contest filed under section 2 of this chapter
must state the following:
(1) The nomination or election to office that the petitioner
contests.
(2) That the individual is entitled to contest an election or a
nomination to office under this chapter.
(3) The name of the candidates as set forth on the ballot for the
election and address of each of the candidates as set forth in the
records of the election division.
(4) That the petitioner in good faith believes that one (1) or more
of the following occurred:
(A) The person declared nominated or elected does not comply
with a specific constitutional or statutory requirement set forth
in the petition that is applicable to a candidate for the office.
(B) A mistake was made in the printing or distribution of
ballots used in the election that makes it impossible to
determine which candidate received the highest number of
votes cast in the election.
(C) A mistake occurred in the programming of an electronic
voting system, making it impossible to determine the candidate
who received the highest number of votes.
(D) An electronic voting system malfunctioned, making it
impossible to determine the candidate who received the highest
number of votes.
(E) A deliberate act or series of actions occurred making it
impossible to determine the candidate who received the highest
number of votes cast in the election.
(c) A petition stating that the petitioner believes that a mistake
described in subsection (b)(4)(B), (b)(4)(C), or (b)(4)(D) has occurred
must identify each precinct in which:
(1) ballots:
(A) containing the printing mistake; or
(B) distributed by mistake;
were cast;
(2) a mistake occurred in the programming of an electronic voting
system; or
(3) an electronic voting system malfunctioned.
(d) A petition stating that the petitioner believes that an act or series
of actions described in subsection (b)(4)(E) occurred must identify
each precinct or other location in which the act or series of actions
occurred to the extent known to the petitioner.

Legislative History

As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.398; P.L.10-1988, SEC.169; P.L.10-1989, SEC.15; P.L.3-1995, SEC.129; P.L.4-1996, SEC.83; P.L.176-1999, SEC.107; P.L.221-2005, SEC.123.