Indiana § 3-12-8-6 Contest of election; content of verified petition

Indiana Statutes

§ 3-12-8-6 — Contest of election; content of verified petition

Indiana·Art. 12 ASCERTAINING RESULTS OF ELECTIONS·Ch. 8 Contest Procedures for Nomination for or Election to

(a)A petition filed under section 5 of this chapter must state the following:

(1)That the petitioner desires to contest the nomination or election to an office.

(2)The name of each candidate as set forth on the ballot for the election and address of each candidate as set forth in the records of the county election board or election division.

(3)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 num

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(a) A petition filed under section 5 of this
chapter must state the following:
(1) That the petitioner desires to contest the nomination or
election to an office.
(2) The name of each candidate as set forth on the ballot for the
election and address of each candidate as set forth in the records
of the county election board or election division.
(3) 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.
(b) A petition stating that the petitioner believes that it is impossible
to determine the candidate that received the highest number of votes
for one (1) of the reasons described in subsection (a)(3)(B), (a)(3)(C),
or (a)(3)(D) 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.
(c) A petition stating that the petitioner believes that an act or series
of actions described in subsection (a)(3)(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.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]

Indiana § 3-12-8-6 (Contest of election; content of verified petition) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.155; P.L.10-1989, SEC.13; P.L.4-1991, SEC.118; P.L.176-1999, SEC.101; P.L.221-2005, SEC.120.