CHAPTER 12. RECOUNT PROCEDURES FOR PUBLIC QUESTIONS
IC 3-12-12
Chapter 12. Recount Procedures for Public Questions
IC 3-12-12-1
Voters entitled to recount
Sec. 1. (a) Any voter who satisfies both of the following is
entitled to have the votes cast on a public question on the ballot in
that election district recounted under this chapter:
(1) The voter is a voter in the election district where the public
question was on the ballot at the election.
(2) The voter voted at the election at which the public question
was on the ballot.
(b) A recount may be conducted in one (1) or more of the
precincts in which votes were cast for the public question.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1996,
SEC.85.
IC 3-12-12-1.5
Chapter establishes standards to define vote in recount
Sec. 1.5. This chapter is enacted to comply with 42 U.S.C. 15481
by establishing uniform and nondiscriminatory standards to define
what will be counted as a vote on a paper ballot, an optical scan
voting system, or an electronic voting system in a recount conducted
under this chapter.
As added by P.L.209-2003, SEC.191.
IC 3-12-12-2
Filing of petition
Sec. 2. A voter who desires a recount under this chapter must file
a verified petition no later than noon fourteen (14) days after election
day. The petition must be filed:
(1) in the circuit court of each county in which is located a
precinct in which the voter desires a recount; and
(2) with the election division.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1997,
SEC.378; P.L.164-2006, SEC.129.
IC 3-12-12-3
Petition contents
Sec. 3. Each petition filed under section 2 of this chapter must
state the following:
(1) The public question for which the petitioner desires a
recount.
(2) The precincts within the county in which the petitioner
desires a recount.
(3) That the petitioner voted on the public question in the
election.
(4) That the petitioner in good faith believes that the votes cast
on the public question at the election in the precincts were not
correctly counted and returned.
(5) That the petitioner desires a recount of all the votes cast on
the public question in the precincts specified.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-4
Signatures by voters; percentage
Sec. 4. The petition filed under section 2 of this chapter must also
be signed by a number of voters within the election district that voted
on the public question equal to at least ten percent (10%) of the
voters who cast ballots on the public question in the election.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-5
Cash deposit or bond to accompany petition
Sec. 5. (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 for the payment of all costs of the recount.
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.
As added by P.L.10-1988, SEC.181. Amended by P.L.8-1995,
SEC.63; P.L.176-1999, SEC.112.
IC 3-12-12-6
Payment of costs upon failure to provide cash deposit
Sec. 6. (a) This section does not apply to a petitioner if it is
determined that the result of the public question is other than what
was shown on the face of the election returns.
(b) If a cash deposit was not made as required by section 5 of this
chapter, the petitioners shall pay to the circuit court clerk within ten
(10) days after the recount is completed all costs of the recount.
As added by P.L.10-1988, SEC.181. Amended by P.L.8-1995,
SEC.64.
IC 3-12-12-7
Multiple petitions in single county
Sec. 7. If more than one (1) petition is filed under section 2 of this
chapter in one (1) county requesting a recount of votes cast on a
public question in a precinct in that county, the circuit court of the
county shall consolidate all petitions under the first petition filed.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-8
Petitions in multiple counties; jurisdiction
Sec. 8. If petitions are filed under section 2 of this chapter in more
than one (1) county, the circuit court of the county casting, on the
face of the election returns, the highest number of votes on the public
question shall assume jurisdiction over all petitions concerning the
public question.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-9
Order of recount
Sec. 9. Upon the filing of a petition and bond under this chapter,
the court shall grant the petitions that have been filed and order the
recount of votes in the precincts by appointing a recount commission.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-10
Consolidated petitions and orders
Sec. 10. If there is a consolidation of petitions, the court shall by
consolidated order grant the consolidated petitions and order a
consolidated recount of all votes on the public question in all
precincts in the counties requested in the petitions.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-11
Recount commission; membership
Sec. 11. (a) A recount commission consists of three (3) persons.
(b) Two (2) members of the commission must be voters who:
(1) are members of different major political parties of the state;
and
(2) were qualified to vote at the election in a county in which
the election district that voted on the public question is located.
(c) This subsection applies to a recount commission conducting
a recount of an election in which only paper ballots were used. The
third member of the commission must be a person who:
(1) is a member of a major political party of the state; and
(2) was qualified to vote at the election in a county in which the
election district that voted on the public question is located.
(d) This subsection applies to a recount of an election in which a
voting method other than only paper ballots was used. The third
member of the commission must be a competent mechanic who is
familiar with the ballot card voting systems or electronic voting
systems used in that election. The mechanic is not required to be
qualified to vote at the election in a county in which the election
district that voted on the public question is located.
As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005,
SEC.131.
IC 3-12-12-12
Compensation of commission members
Sec. 12. Each member of a recount commission is entitled to a per
diem not to exceed one hundred dollars ($100) for each day actually
engaged in making the recount. The judge of the court having
jurisdiction over the recount shall fix the compensation paid under
this section.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991,
SEC.120.
IC 3-12-12-13
Copy of recount order
Sec. 13. On the day when the order of a recount is made and
entered by the court, the circuit court clerk shall send a certified copy
of the order by certified mail to the first name on each petition filed
under section 2 of this chapter at the address stated in the petition.
The clerk shall charge the cost of mailing the order to each
petitioner.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-14
Impoundment and protection of voting equipment and materials
Sec. 14. (a) A court ordering a recount under this chapter shall by
order impound and provide for the protection of the following:
(1) All ballots and electronic voting systems used at the election
for casting votes in the precincts.
(2) All tally sheets relating to the votes cast on the public
question.
(3) All poll lists of persons registered by the poll clerks as
having voted on the public question.
(b) An order issued by the state recount commission under
IC 3-12-10 supersedes an order issued by a court under this section
to the extent that the orders conflict. The state recount commission
shall assist a court acting under this section to the extent that the
ability of the state recount commission to preserve the integrity of
election records or equipment is not hindered.
(c) An impoundment order issued under subsection (a) may not
prevent a circuit court clerk or board of registration from copying
election material other than ballots if the clerk or board copies the
material under the supervision of a person designated by the court.
As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005,
SEC.132.
IC 3-12-12-15
Copies of impounded materials
Sec. 15. A circuit court clerk or board of registration may use a
copy made under section 14 of this chapter instead of an original
subject to an impoundment order under that section until the court
orders the release of the original.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-16
Access to impounded materials
Sec. 16. A court acting under section 14 of this chapter shall make
the ballots, electronic voting systems, tally sheets, and poll lists
available to the recount commission appointed under this chapter.
As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005,
SEC.133.
IC 3-12-12-17
Recount by commission; watchers
Sec. 17. (a) After a recount is ordered under section 9 of this
chapter, the recount commission shall convene at a place fixed by
order of the court and expeditiously complete the recount of all votes
ordered recounted.
(b) The petitioners may designate a watcher to be present at the
recount and may also be present in person. Representatives of the
media may also attend the recount.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-18
Manual recount request; withdrawal
Sec. 18. (a) A petition filed under this chapter may request that
ballot cards in specified precincts that used a ballot card voting
system be counted manually. If a petition includes such a request, the
recount commission may not use automatic tabulating machines to
count ballot cards in the specified precincts. Ballot cards in those
precincts shall be counted manually, and the tabulation of votes must
comply with IC 3-11-7.
(b) A petitioner may withdraw a request for a manual recount of
ballot cards at any time after the recount commission conducts a test
of the automatic tabulating machines to ascertain that the machines
will correctly count the votes cast on the public question that is the
subject of the recount.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-19
Certificate of recount totals
Sec. 19. When a recount is completed by a recount commission
appointed under this chapter, the commission shall:
(1) make and sign a certificate showing the total number of
votes received in the precincts on the public question;
(2) state in its certificate whether affirmative or negative votes
received the highest number of votes in the precincts on the
public question and by what plurality; and
(3) file its certificate with the circuit court clerk. The clerk shall
enter the certificate in the order book of the court.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-20
Effect of recount certificate
Sec. 20. A recount certificate made under section 19 of this
chapter supersedes all previous returns made in any form of the
recounted votes. A certified copy of a recount certificate constitutes
prima facie evidence of the votes cast on the public question in the
precincts in any contest or other proceeding in which there is an issue
as to the votes cast at the election on the public question.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-21
Finality of commission determination; appeal
Sec. 21. The determination of a recount commission under section
19 of this chapter is final, although an appeal may be taken to the
circuit court that appointed the commission.
As added by P.L.10-1988, SEC.181.
IC 3-12-12-22
Multiple county elections; differences in vote totals; certificate of
corrected totals
Sec. 22. If a recount is made for a public question for which votes
were cast in more than one (1) county, each circuit court clerk where
the recount was made shall determine whether the votes in the
precincts shown by the recount certificate differ from the votes that
were tabulated by the county election board. If a circuit court clerk
finds that there is a difference between the votes shown by the
recount certificate and the votes tabulated by the county election
board, the clerk shall prepare a certificate showing the total vote in
the county for and against the public question as corrected in
accordance with the recount certificate.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1993,
SEC.220.
IC 3-12-12-23
Statewide public questions; recounts; certificate of corrected vote
totals; certificate of approval or rejection
Sec. 23. (a) This section applies to a recount of:
(1) a public question concerning the ratification of a state
constitutional amendment or the retention of a justice of the
Indiana supreme court or judge of the Indiana court of appeals;
or
(2) another public question voted on by the electorate of the
entire state.
(b) A circuit court clerk shall immediately transmit a certificate
prepared under section 22 of this chapter to the election division.
(c) Upon tabulation of the returns under this section by the
election division, the secretary of state shall issue a certificate
declaring the public question approved or rejected.
(d) The election division shall provide to the office the results of
the recount in each precinct in which a recount was conducted.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991,
SEC.121; P.L.3-1997, SEC.379; P.L.212-2001, SEC.32.
IC 3-12-12-24
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-12-12-25
Single county elections; differences in vote totals; certificate of
corrected totals
Sec. 25. If a recount is made for a public question on which votes
were cast only in a single county, the circuit court clerk shall
determine whether the votes shown by the recount certificate differ
from the votes that were tabulated by the county election board. If
the circuit court clerk finds that there is a difference between the
votes shown by the recount certificate and the votes tabulated by the
county election board, the clerk shall prepare a certificate showing
the total vote for and against the public question as corrected in
accordance with the recount certificate.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1993,
SEC.221.
IC 3-12-12-26
Local public questions; recounts; transmittal of certificate of
corrected totals; certificate of approval or rejection
Sec. 26. (a) This section applies to a recount of votes cast on a
local public question.
(b) The circuit court clerk shall transmit the certificate prepared
under section 22 or 25 of this chapter to the county election board of
the county having the greatest percentage of population of the
election district voting on the public question.
(c) Upon tabulation of the returns under this section, the county
election board shall issue a certificate declaring the public question
approved or rejected.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991,
SEC.122.