Indiana § 3-12-9-4 Local, circuit, or school board office; filling office

Indiana Statutes

§ 3-12-9-4 — Local, circuit, or school board office; filling office

Indiana § 3-12-9-4

Art. 12ASCERTAINING RESULTS OF ELECTIONS

Ch. 9Resolving Tie Votes

This text of Indiana § 3-12-9-4 (Local, circuit, or school board office; filling office) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 3-12-9-4 (2026).

Text

(a)The fiscal body of a political subdivision that receives notice under section 3 of this chapter shall resolve the tie vote by electing a person to fill the office not later than December 31 following the election at which the tie vote occurred. The fiscal body shall select one (1) of the candidates who was involved in the tie vote to fill the office.

(b)If a tie vote has occurred in an election for a circuit office in a circuit that contains more than one (1) county, the fiscal bodies of the counties shall meet in joint session at the county seat of the county that contains the greatest percentage of population of the circuit to select one (1) of the candidates who was involved in the tie vote in order to fill the office in accordance with this section.

(c)If a tie vote has occurred

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(a) The fiscal body of a political subdivision that
receives notice under section 3 of this chapter shall resolve the tie vote
by electing a person to fill the office not later than December 31
following the election at which the tie vote occurred. The fiscal body
shall select one (1) of the candidates who was involved in the tie vote
to fill the office.
(b) If a tie vote has occurred in an election for a circuit office in a
circuit that contains more than one (1) county, the fiscal bodies of the
counties shall meet in joint session at the county seat of the county that
contains the greatest percentage of population of the circuit to select
one (1) of the candidates who was involved in the tie vote in order to
fill the office in accordance with this section.
(c) If a tie vote has occurred for the election of more than one (1)
at-large seat on a legislative or fiscal body, the fiscal body shall select
the number of individuals necessary to fill each of the at-large seats for
which the tie vote occurred. However, a member of a fiscal body who
runs for reelection and is involved in a tie vote may not cast a vote
under this section.
(d) The executive of the political subdivision (other than a town or
a school corporation) may cast the deciding vote to break a tie vote in
a fiscal body acting under this section. The clerk-treasurer of the town
may cast the deciding vote to break a tie vote in a town fiscal body
acting under this section. A tie vote in the fiscal body of a school
corporation under this section shall be broken under IC 20-23.
[Pre-1986 Recodification Citations: 3-2-11-5;
3-2-11-6.]

Legislative History

As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.159; P.L.14-2004, SEC.162; P.L.230-2005, SEC.61; P.L.164-2006, SEC.127; P.L.85-2017, SEC.5.