§ 3-12-6-21 — Recount; place; expeditious completion; watchers; representatives; news media; powers and duties of state recount commission

(a) After a recount is ordered under section 14
of this chapter, the recount commission shall convene at a place fixed
by order of the court.
(b) Whenever a motion to dismiss a petition or cross-petition for a
recount is filed with the court, the court shall rule on the motion to
dismiss before the recount commission conducts the recount. 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.
(c) As the first item of business, the recount commission shall adopt
procedures for conducting the recount, based as closely as is practical
on the procedures adopted by the state recount commission. After
adopting these procedures, the recount commission shall expeditiously
complete the recount of all votes ordered recounted.
(d) The proceedings of the recount commission shall be performed
in public under IC 5-14-1.5 (the Open Door Law). However, the
commission may restrict access to parts of a room where the recount is
being conducted to safeguard the election material or to permit the
material to be handled or transported by the commission. Each
candidate affected by the recount may have a watcher present at the
recount and may also be present in person. A watcher for a candidate
under this subsection has the same rights as a watcher appointed under
IC 3-6-8-4. Representatives of the media may also attend the recount
and have the same rights as media watchers appointed under IC 3-6-10.
(e) An order issued by the state recount commission under IC 3-12-10 supersedes an order issued by the recount commission
appointed under this chapter to the extent that the orders conflict. The
state recount commission shall assist a recount commission appointed
under this chapter to the extent that the ability of the state recount
commission to preserve the integrity of election records or equipment
is not hindered.
(f) During the period:
(1) beginning when a recount is ordered under section 14 of this
chapter; and
(2) ending when the recount commission certifies the recount
results under section 22 of this chapter;
the recount commission may petition the court that acquired
jurisdiction over the recount under section 8 of this chapter to rule on
questions raised by the recount commission.
[Pre-1986 Recodification Citation: 3-1-27-11.]

Legislative History

As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.380; P.L.3-1993, SEC.213; P.L.3-1997, SEC.360; P.L.176-1999, SEC.97.