3-12-11-1. Right to recount of vote or to contest nomination or election of a candidate

IN Code § 3-12-11-1 (2019) (N/A)
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Sec. 1. (a) Except as provided in subsection (d), any candidate:

(1) in a presidential primary election;

(2) for nomination to a federal, state, or legislative office in a primary election; or

(3) for a federal, state, or legislative office;

is entitled to have the votes cast for that office recounted or to contest the nomination or election of a candidate under this chapter. A recount may be conducted in one (1) or more of the precincts in which votes were cast for the office.

(b) This subsection applies to an election for a federal or state office. Except as provided in subsection (d), if a candidate who is entitled to file a petition for a recount or contest under this chapter does not file a petition within the period established by section 2 of this chapter, the state chairman of the candidate's political party may file a petition to:

(1) have the votes recounted in one (1) or more precincts; or

(2) contest the nomination or election of a candidate.

(c) This subsection applies to an election for a legislative office. Except as provided in subsection (d), if a candidate who is entitled to file a petition for a recount or contest under this chapter does not file a petition within the period established by section 2 of this chapter, a county chairman who:

(1) resides in a county located within the election district in which the recount or contest is desired; and

(2) is a member of the same political party as the candidate entitled to petition for a recount or contest under this chapter;

may file a petition to have the votes recounted in one (1) or more precincts or to contest the nomination or election of a candidate.

(d) The nomination of a candidate in a primary election who has been certified as deceased under IC 3-8-7-1 may not be contested under this chapter.

As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.167; P.L.4-1996, SEC.81; P.L.194-2013, SEC.84.