CHAPTER 10. STATE RECOUNT COMMISSION
IC 3-12-10
Chapter 10. State Recount Commission
IC 3-12-10-1
Establishment of commission
Sec. 1. The state recount commission is established.
As added by P.L.7-1986, SEC.18. Amended by P.L.11-1993, SEC.4.
IC 3-12-10-2
Repealed
(Repealed by P.L.8-1995, SEC.71.)
IC 3-12-10-2.1
Members
Sec. 2.1. (a) Except as provided in this section, the secretary of
state and the designee of the state chairman of each of the major
political parties of the state shall serve as members of the state
recount commission.
(b) Except as provided in this section, the secretary of state shall
serve as the chair of the state recount commission.
(c) If an election to the office of secretary of state is the subject of
a petition filed under IC 3-12-11, final determination of all petitions
filed under IC 3-12-11 relating to that election must be made before
January 1 after the election.
(d) The secretary of state may not serve on the commission if the
secretary of state is:
(1) a petitioner under IC 3-12-11; or
(2) named as a candidate in a petition under IC 3-12-11;
until the commission makes a final determination under IC 3-12-11
of all related petitions in which the secretary of state is a petitioner
or is named.
(e) If the secretary of state may not serve on the commission
under subsection (d), the state chairman of the same major political
party as the secretary of state shall designate another individual to
serve as a member and chair of the commission. The other individual
must have voted in the most recent primary election of the political
party of the state chairman making the appointment. The individual
serves until the commission issues its final determination of all
petitions relating to the election that are described in subsection (d).
The secretary of state shall then resume as a member and the
chairman of the state recount commission.
(f) An individual who serves on the state recount commission as
secretary of state ceases to be a member of the commission when the
individual ceases to be secretary of state.
As added by P.L.8-1995, SEC.56.
IC 3-12-10-2.2
Purpose; administration; expenses; reversion to general fund;
appropriations
Sec. 2.2. (a) The state recount fund is established for the purpose
of receiving, holding, and disbursing funds as a fiduciary for the state
recount commission and individuals who have provided a cash
deposit under this article. The fund shall be administered by the
administrative division of the office of the secretary of state.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(d) All money accruing to the fund is appropriated continuously
for the purposes specified in subsection (a).
As added by P.L.176-1999, SEC.104.
IC 3-12-10-2.5
Recount director
Sec. 2.5. The state recount commission shall employ and set the
salary of a recount director. The recount director shall perform the
tasks delegated to the director by the commission.
As added by P.L.3-1987, SEC.386.
IC 3-12-10-3
Per diem; expenses
Sec. 3. (a) Each member of the state recount commission other
than the secretary of state is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b).
(b) Each member of the state recount commission is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration and approved by the state budget agency.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.387.
IC 3-12-10-4
Recount and contest proceedings
Sec. 4. (a) The state recount commission shall conduct recount
proceedings under IC 3-12-11 resulting from:
(1) a presidential primary election;
(2) the nomination of a candidate to a federal, state, or
legislative office in a primary election; or
(3) an election for a federal, state, or legislative office.
(b) The state recount commission shall conduct contest
proceedings under IC 3-12-11 resulting from:
(1) a presidential primary election;
(2) the nomination of a candidate to a federal, state, or
legislative office in a primary election; or
(3) an election for a federal, state, or legislative office.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.388;
P.L.10-1988, SEC.163; P.L.14-2004, SEC.163.
IC 3-12-10-5
Powers; rules
Sec. 5. (a) The state recount commission may, to comply with
section 4 of this chapter:
(1) impound, take possession of, transport, or otherwise protect
any election records or equipment related to a recount or
contest;
(2) issue subpoenas, discovery orders, and protective orders;
(3) conduct and regulate the course of hearings and other
proceedings;
(4) manage its internal affairs;
(5) adopt rules under IC 4-22-2; or
(6) exercise any other necessary power to perform its functions
under this article.
(b) Rules adopted by the state recount commission for the conduct
of a recount or contest proceeding must uniformly apply throughout
Indiana.
(c) An impoundment order issued under subsection (a)(1) 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 the state police department.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.389.
IC 3-12-10-5.5
Impoundment; use of copies of election material
Sec. 5.5. A circuit court clerk or board of registration may use a
copy of election material other than ballots made under section 5 of
this chapter instead of an original subject to an impoundment order
under that section until the commission orders the release of the
original.
As added by P.L.3-1987, SEC.390.
IC 3-12-10-6
Election records or equipment; impoundment, possession,
transportation, or protection
Sec. 6. Without the filing of a petition under IC 3-12-11, the state
recount commission may impound, take possession of, transport, or
otherwise protect any election records or equipment that the
commission determines may be the subject of:
(1) a recount proceeding; or
(2) a contest proceeding conducted by the state recount
commission under IC 3-12-11.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.391;
P.L.10-1988, SEC.164.
IC 3-12-10-7
Delegation of powers
Sec. 7. (a) The state recount commission may designate one (1) or
more members of the commission or one (1) or more other persons
to exercise any of its powers, other than the:
(1) final adoption of rules;
(2) final determination of a recount under IC 3-12-11; or
(3) final determination of a contest under IC 3-12-11.
(b) Each person designated by the commission under subsection
(a) who is not a member of the commission must be an attorney (as
defined in IC 23-1.5-1-4).
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.392.
IC 3-12-10-8
State board of accounts; conduct of recount or other contest
proceedings
Sec. 8. The state board of accounts shall conduct any recount or
other contest proceeding ordered by the state recount commission in
accordance with this article and guidelines adopted by the
commission.
As added by P.L.7-1986, SEC.18. Amended by P.L.176-1999,
SEC.105.
IC 3-12-10-9
State police department; duties
Sec. 9. The state police department shall:
(1) serve any notices or other papers;
(2) secure or transport any election records or equipment; and
(3) perform any other law enforcement duties;
ordered by the state recount commission.
As added by P.L.7-1986, SEC.18.
IC 3-12-10-10
Secretary of state; assignment of staff and facilities
Sec. 10. The secretary of state may assign any of the election
division's staff and facilities to the state recount commission to carry
out the commission's responsibilities.
As added by P.L.7-1986, SEC.18. Amended by P.L.8-1995, SEC.57.
IC 3-12-10-11
Reimbursement of agencies or offices for expenses
Sec. 11. The state recount commission shall reimburse any agency
or office described in sections 8, 9, and 10 of this chapter that incurs
any expense to carry out the responsibilities of the commission in
conformity with the policies and procedures established by the state
budget agency.
As added by P.L.7-1986, SEC.18.
IC 3-12-10-12
Expenses of recount; expenses not reimbursed
Sec. 12. (a) The expenses of a recount conducted by the state
recount commission shall be paid from the state recount fund
following the commission's determination of whether a full or partial
refund of the cash deposit should be granted under IC 3-12-11-10.
(b) The expenses of a contest conducted by the state recount
commission shall be paid from the state recount fund.
(c) Notwithstanding subsections (a) and (b), the expenses incurred
by a party to a recount or contest for:
(1) the appearance of an individual; or
(2) the copying or production of documents;
in response to a subpoena approved by the state recount commission
shall be borne by that party and are not subject to reimbursement
under this chapter.
(d) A person (other than a party to a recount or contest) who
claims reimbursement of expenses described by subsection (a) or (b)
must submit a claim to the state recount commission not later than
noon sixty (60) days after the commission adopts a final order
concerning the recount or contest. If the commission approves the
claim, the treasurer of state shall issue a warrant to the person in
accordance with IC 5-13-5.
(e) There is appropriated to the state recount fund from the state
general fund an amount sufficient for the state recount commission's
use in the payment of expenses under this section.
As added by P.L.7-1986, SEC.18. Amended by P.L.10-1988,
SEC.165; P.L.176-1999, SEC.106; P.L.14-2004, SEC.164.
IC 3-12-10-13
Reimbursement by candidate filing petition; petitioner's liability
for expenses of another party
Sec. 13. (a) This section does not apply to a petitioner who is
determined to have been nominated or elected after the recount or the
contest.
(b) A candidate filing a petition under IC 3-12-11 shall reimburse
the state for the expenses of the state recount commission in the
amount of the cash deposit required for a recount under
IC 3-12-11-10 or a contest under IC 3-12-11-11. However, the
petitioner is not liable for the expenses chargeable to another party
under section 14 of this chapter.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.393;
P.L.8-1995, SEC.58.
IC 3-12-10-14
Reimbursement by candidate filing cross-petition or opposing
party in a contest action
Sec. 14. (a) This section does not apply to:
(1) a cross-petitioner who is determined to have been nominated
or elected after a recount; or
(2) an opposing party in a contest action who prevails.
(b) A candidate filing a cross-petition under IC 3-12-11 or an
opposing party in a contest action under IC 3-12-11 shall reimburse
the state for the expenses of the state recount commission in the
amount of the cash deposit required under IC 3-12-11-11.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.394;
P.L.8-1995, SEC.59.
IC 3-12-10-15
Determination of expenses
Sec. 15. The state recount commission shall determine the
expenses chargeable to a person under sections 13 and 14 of this
chapter.
As added by P.L.7-1986, SEC.18.
IC 3-12-10-16
Application of IC 4-21.5
Sec. 16. IC 4-21.5 does not apply to the state recount commission.
As added by P.L.7-1986, SEC.18. Amended by P.L.7-1987, SEC.2.
IC 3-12-10-17
Stay of court action pending final determination by recount
commission
Sec. 17. Any court action related to the election for an office that
is the subject of a:
(1) recount proceeding under IC 3-12-11; or
(2) contest proceeding under IC 3-12-11;
is stayed until the state recount commission has rendered a final
determination.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.395.
IC 3-12-10-18
Judicial review
Sec. 18. Any party to a final determination of the state recount
commission concerning a nomination subject to IC 3-12-11 or
election to a state office other than governor or lieutenant governor
may file a petition with the Marion County circuit court for judicial
review of the determination no later than noon thirty (30) days after
notice of the determination is served on the party. If the court finds
that a party has been substantially prejudiced by commission action
that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;
(2) contrary to constitutional right, power, privilege, or
immunity;
(3) in excess of statutory jurisdiction, authority, or limitations,
or short of statutory right; or
(4) without observance of procedure required by law;
the court may set aside the final determination of the commission.
The court may remand the case to the commission for further
proceedings and compel commission action that has been
unreasonably delayed or unlawfully withheld.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.396;
P.L.10-1988, SEC.166.