CHAPTER 4. CANVASSING RETURNS BY COUNTY ELECTION BOARD
IC 3-12-4
Chapter 4. Canvassing Returns by County Election Board
IC 3-12-4-1
Members of county election board to canvass votes in county
Sec. 1. The members of each county election board shall canvass
the votes cast in the county.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.187.
IC 3-12-4-2
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-12-4-3
Compensation of members of county election board
Sec. 3. The members of a county election board shall be
compensated for their services as canvassers in an amount to be fixed
by the county executive.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.188.
IC 3-12-4-4
Employment of clerical assistants and write-in teams; nonpartisan
student assistants
Sec. 4. (a) Each county election board may employ clerical
assistants if necessary for the proper canvassing and tabulating of the
vote. However, except as provided in subsection (d), not more than
one-half (1/2) of the assistants employed by the board may be
members of the same political party.
(b) The county election board shall appoint the number of two (2)
member write-in teams that are necessary to examine and count
write-in votes cast on ballot card voting systems on election night.
The county chairmen of the two (2) major political parties of a
county shall each designate one (1) member of each write-in team.
The write-in teams are considered employees of the county
canvassing board and must meet the qualifications of canvassing
board employees.
(c) Except as provided in subsection (d), a county election board
may not employ a person to assist with canvassing unless the person
would be eligible to serve as a precinct election officer under
IC 3-6-6-7.
(d) The county election board may, by unanimous vote of the
entire membership of the board, employ a student to assist the board
under this section if the student is:
(1) enrolled at a postsecondary educational institution
(including a community college); and
(2) a registered voter of the county.
A student appointed under this subsection must serve the board in a
nonpartisan manner.
As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.113;
P.L.1-1992, SEC.5; P.L.3-1993, SEC.189; P.L.209-2003, SEC.185;
P.L.2-2007, SEC.16.
IC 3-12-4-5
Compensation of clerical assistants
Sec. 5. A county election board shall pay an assistant hired under
section 4 of this chapter a reasonable rate of compensation for the
assistant's services.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.357;
P.L.3-1993, SEC.190.
IC 3-12-4-5.5
Chapter establishes standards to define vote
Sec. 5.5. 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 by a county election
board.
As added by P.L.209-2003, SEC.186.
IC 3-12-4-6
Canvass of certificates, poll lists, and tally papers returned by
inspectors; providing room in courthouse
Sec. 6. (a) At 6 p.m. on each election day, the county election
board shall assemble in a room to canvass the certificates, poll lists,
and tally papers returned by each inspector in the county and to
declare the results of the election as provided in this chapter.
(b) The canvassing must be performed in public under
IC 5-14-1.5. However, the board may restrict access to parts of the
room where election material is being handled or transported to
safeguard the material.
(c) Except as provided in section 7 of this chapter, the county
executive shall provide a room in the courthouse that contains
adequate space to permit members of the public to witness the
canvassing of votes.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.191.
IC 3-12-4-7
Counties over 300,000; providing of assembly room
Sec. 7. In each county having a population of more than three
hundred thousand (300,000), the county executive shall, upon the
written request and order of the judge of the circuit court of the
county and at least ten (10) days before the election, provide a
suitable assembly room for the county election board other than a
room in the courthouse.
As added by P.L.5-1986, SEC.8. Amended by P.L.12-1992, SEC.12;
P.L.3-1993, SEC.192.
IC 3-12-4-8
Examination and comparison of certificates, poll lists, and tally
sheets; aggregating and tabulating vote for county and political
subdivision
Sec. 8. The county election board shall:
(1) carefully examine and compare the certificates, poll lists,
and tally sheets; and
(2) aggregate and tabulate from the papers entrusted to it the
vote for the county and each political subdivision, as
appropriate.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.193.
IC 3-12-4-9
Declaration of candidate with highest vote count; tabulation of
votes for public question; certification of results
Sec. 9. (a) This subsection applies to:
(1) a local or school board office with an election district
located entirely within one (1) county, except for an office for
which a declaration of candidacy is filed with the election
division under IC 3-8-2; and
(2) a political party office, such as precinct committeeman or
state convention delegate, elected at a primary election.
After the county election board has tabulated the vote, the board shall
declare the candidate receiving the highest number of votes for each
office to be elected.
(b) The county election board shall tabulate the votes cast for and
against each local public question placed on the ballot by the county
election board under IC 3-10-9-2 and, if the local public question is
placed on the ballot only in that county, declare the public question
approved or rejected.
(c) The county election board shall tabulate the votes cast for and
against each public question voted on by the electorate of the whole
state.
(d) The board shall certify the election results in a statement
prepared by the circuit court clerk.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.358;
P.L.10-1988, SEC.128; P.L.10-1992, SEC.24; P.L.3-1993, SEC.194;
P.L.3-1997, SEC.342.
IC 3-12-4-10
Statement prepared by circuit court clerk; contents; copy for
candidate
Sec. 10. (a) The statement prepared under section 9 of this chapter
must contain:
(1) the name of each candidate;
(2) the elected offices;
(3) the total number of votes received by each candidate;
(4) the total number of votes received by each candidate and
cast for and against each public question in each precinct; and
(5) the total number of votes cast at the election.
(b) Notwithstanding IC 33-37-5-1, upon request by a candidate,
the circuit court clerk shall prepare a copy of the statement for the
candidate at a fee not to exceed twenty-five cents ($0.25) per page.
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1990, SEC.50;
P.L.8-1992, SEC.30; P.L.98-2004, SEC.38.
IC 3-12-4-11
Statement prepared by circuit court clerk; signature of county
election board
Sec. 11. Each member of the county election board shall sign the
statement prepared by the circuit court clerk under section 9 of this
chapter.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.195.
IC 3-12-4-12
Statement prepared by circuit court clerk; copies to county
chairman of each political party
Sec. 12. Not later than noon on the second Monday after the
county election board certifies the election results under section 9 of
this chapter, the circuit court clerk shall furnish to the county
chairman of each political party a copy of the statement.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.196;
P.L.3-1995, SEC.127; P.L.221-2005, SEC.103.
IC 3-12-4-13
Delivery of canvass sheets, certificates, poll lists, and tally papers
to circuit court clerk
Sec. 13. After the county election board has tabulated the vote:
(1) the canvass sheets used by the board; and
(2) the certificates, poll lists, and tally papers returned by each
inspector in the county;
shall be delivered to the circuit court clerk. The clerk shall file and
preserve all the material in the clerk's office as provided in
IC 3-10-1-31 or IC 3-10-1-31.1.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.197;
P.L.199-2001, SEC.26; P.L.14-2004, SEC.159.
IC 3-12-4-14
Tie votes
Sec. 14. If two (2) or more candidates receive the highest and an
equal number of votes for a local office, the county election board
shall:
(1) declare that no person is elected to fill the office; and
(2) certify the tie vote in the statement prepared by the circuit
court clerk under section 9 of this chapter.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.198.
IC 3-12-4-15
Conditions prohibiting rejection of certificates, poll lists, or tally
papers; return from precinct election board
Sec. 15. A county election board may not reject the certificates,
poll lists, or tally papers returned from a precinct election board:
(1) for lack of form or for not being strictly in accordance with
the directions contained in this title if the certificates can be
satisfactorily understood; or
(2) if the returns are certified by the precinct election board as
required by IC 3-12-2-6, IC 3-12-3-2, and IC 3-12-3.5-6 and
returned by the inspector or one (1) of the judges of the board.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.359;
P.L.3-1993, SEC.199; P.L.221-2005, SEC.104.
IC 3-12-4-16
Disagreement as to how to count vote of precinct; report to judge
of circuit court with written brief stating grounds of disagreement
Sec. 16. If there is a disagreement between the members of a
county election board as to how the vote of a precinct should be
counted, the board shall:
(1) immediately report the matter in dispute to the judge of the
circuit court; and
(2) provide the judge with a written brief stating the grounds of
the disagreement and all papers concerning the matter.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.200.
IC 3-12-4-17
Judge's determination on disagreement
Sec. 17. The judge of the circuit court shall summarily determine
a dispute presented under section 16 of this chapter and direct the
county election board how to count the vote. The judge's
determination is final with respect to the action of the board.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.201.
IC 3-12-4-18
Electronic voting systems; inspection of registering counter; time
Sec. 18. If electronic voting systems are used in a precinct, the
county election board may request authorization from the state
recount commission to inspect the registering counter or other
recording device on any electronic voting system showing the
number of votes cast for any candidate or public question. If
authorized by the state recount commission, the board may conduct
an inspection either before it proceeds to count and tabulate the vote
or within one (1) day after the count and tabulation are finished.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.360;
P.L.3-1993, SEC.202; P.L.221-2005, SEC.105.
IC 3-12-4-19
Electronic voting systems; place of inspection; presence of
accredited representative of each major political party
Sec. 19. To inspect an electronic voting system under section 18
of this chapter, the county election board may proceed to any place
in the county where the system is located, kept, or stored. However,
the board shall make the inspection in the presence of an accredited
representative of each of the major political parties of the county.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.361;
P.L.3-1993, SEC.203; P.L.221-2005, SEC.106.
IC 3-12-4-20
Electronic voting systems; comparison of number of votes
registered on counter with returns made by precinct election board
Sec. 20. When making an inspection under section 18 of this
chapter, a county election board shall compare the number of votes
registered on the counter or other recording device on the electronic
voting systems with the returns made by the precinct election board
of the precinct in which the electronic voting system was used.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.362;
P.L.3-1993, SEC.204; P.L.221-2005, SEC.107.
IC 3-12-4-21
Electronic voting systems; discrepancy between number of votes
registered and returns made by precinct election board; correction
Sec. 21. If there is a discrepancy between the number of votes
registered on an electronic voting system and the returns made by the
precinct election board, the county election board shall correct the
returns made by the precinct election board so that the returns
conform to the vote registered on the electronic voting system. The
corrected returns shall be considered the true and correct returns of
the number of votes cast for each candidate or on each public
question in the precinct.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.363;
P.L.3-1993, SEC.205; P.L.221-2005, SEC.108.
IC 3-12-4-22
Contested election or nomination; recount; corrected returns as
prima facie evidence of vote
Sec. 22. If a nomination or election is contested or a recount is
conducted, the returns of each precinct election board, as corrected
by the county election board under section 21 of this chapter,
constitute prima facie evidence of the vote cast for each candidate
and on each public question to the same extent as the tabulation and
return of the vote in a precinct where electronic voting systems are
not used.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.364;
P.L.10-1988, SEC.129; P.L.3-1993, SEC.206; P.L.221-2005,
SEC.109.
IC 3-12-4-23
Tally papers
Sec. 23. The county election board shall have tally papers printed
for use in tabulating the vote at each election held under its
jurisdiction. The tally papers must:
(1) contain the name of each office and candidate to be voted
for at an election;
(2) provide for tallying the votes on each public question
submitted to the voters; and
(3) list political parties and candidates in the same order on the
tally sheet as listed on the ballot printed by the county election
board under IC 3-11-2-6.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.207;
P.L.3-1997, SEC.343.