§ 3-12-6-10 — Petitioner's cash deposit or bond; filing; amounts; cost of recount; unexpended balance

(a) Each petitioner shall furnish a cash deposit
or file a bond with corporate surety to the approval of the court for the
payment of all costs of the recount. The minimum amount of the cash
deposit or bond is one hundred dollars ($100). The maximum amount
of the cash deposit or bond may not exceed the amount specified in
subsection (b) or (c).
(b) This subsection applies if, on the face of the election returns, the
difference between the number of votes cast for the candidate
nominated or elected and the petitioner is not more than one percent
(1%) of the total votes cast for all candidates for the nomination or
office. If the number of precincts to be recounted exceeds ten (10), the
amount of the deposit or bond shall be increased by ten dollars ($10)
for each precinct in excess of ten (10).
(c) This subsection applies if, on the face of the election returns, the
difference between the number of votes cast for the candidate
nominated or elected and the petitioner is more than one percent (1%)
of the total votes cast for all candidates for the nomination or office. If
the number of precincts to be recounted exceeds ten (10), the amount
of the deposit or bond shall be increased by one hundred dollars ($100)
for each precinct in excess of ten (10).
(d) If a petition is joint, a joint bond may be furnished.
(e) The costs of a recount may include the following:
(1) Compensation of recount commissioners.
(2) Compensation of additional employees required to conduct the
recount, including overtime payments to regular employees who
are eligible to receive such payments.
(3) Postage and telephone charges directly related to the recount.
(f) The costs of a recount may not include the following:
(1) General administrative costs.
(2) Security.
(3) Allowances for meals or lodging.
(g) If the recount results in a reduction of at least fifty percent (50%)
but less than one hundred percent (100%) of the margin of the total
certified votes, the petitioner shall receive a refund of that percentage
of the unexpended balance. If after a recount, it is determined that a
petitioner has been nominated or elected, the deposit or the bond
furnished by that petitioner shall be returned to that petitioner in full.
(h) Any unexpended balance remaining in a deposit after payment
of all costs of the recount and the refund, if a refund is made, shall be
deposited in the county general fund.
[Pre-1986 Recodification Citation: 3-1-27-8 part.]

Legislative History

As added by P.L.5-1986, SEC.8. Amended by P.L.8-1992, SEC.32; P.L.8-1995, SEC.54; P.L.14-2004, SEC.160; P.L.194-2013, SEC.77.