§ 3-12-12-5 — Cash deposit or bond to accompany petition

(a) Each petition filed under section 2 of this
chapter must be accompanied by a cash deposit, or a bond with
corporate surety to the approval of the court, if the recount is to be
conducted by a county recount commission, for the payment of all costs
of the recount chargeable to the petitioner. The minimum amount of the
cash deposit or bond is one hundred dollars ($100). A cash deposit for
a recount conducted by a county recount commission shall be deposited
in the county general fund. A cash deposit in a recount conducted by
the state recount commission shall be deposited in the state recount
fund.
(b) This subsection applies to the recount of a public question to
which either of the following applies:
(1) The public question is a local public question under IC 3-10-9
in which, on the face of the election returns, the difference
between the number of affirmative and negative votes cast is not
more than two hundred (200).
(2) The public question is covered under section 23 of this chapter
and, on the face of the election returns, the difference between the
number of affirmative and negative votes cast is not more than
two thousand (2,000).
If the number of precincts to be recounted exceeds ten (10), then the
amount of the deposit shall be increased by ten dollars ($10) for each
precinct in excess of ten (10).
(c) This subsection applies to the recount of a public question to
which either of the following applies:
(1) The public question is a local public question under IC 3-10-9
and, on the face of the election returns, the difference between the
number of affirmative and negative votes cast is more than two
hundred (200).
(2) The public question is covered under section 23 of this chapter
and, on the face of the election returns, the difference between the
number of affirmative and negative votes cast is more than two
thousand (2,000).
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 the result of the public
question is other than what was shown on the face of the election
returns, the deposit furnished by the petitioner shall be returned to the
petitioner in full.
(e) Any unexpended balance remaining in a deposit after payment
of all costs of the recount remains in the county general fund.
(f) This subsection applies to a recount conducted by the state
recount commission under this chapter. Any unexpended balance
remaining in a deposit after payment of all costs of the recount remains
in the state recount fund.

Legislative History

As added by P.L.10-1988, SEC.181. Amended by P.L.8-1995, SEC.63; P.L.176-1999, SEC.112; P.L.74-2017, SEC.59.