Sec. 12. (a) Except as provided in subsection (d) or (e), the state recount commission shall accept the petitions and cross-petitions that have been filed and order the recount of the votes in the precincts upon:

(1) the filing of a petition and cash deposit or bond under this chapter;

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Terms Used In Indiana Code 3-12-11-12

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
(2) the expiration of the period under section 4 of this chapter for filing a cross-petition; and

(3) proof of service of all notices.

     (b) Except as provided in subsection (d), whenever a petition filed under section 2 of this chapter requests a recount in all precincts in the election district, the state recount commission may order a recount in the precincts upon:

(1) the filing of a cash deposit or bond under this chapter; and

(2) proof of service of all notices.

     (c) Except as provided in subsection (d), the state recount commission shall accept a petition for a contest that has been filed and order a contest proceeding upon:

(1) the filing of a petition under this chapter; and

(2) proof of service of all notices.

     (d) Whenever a motion to dismiss a petition or cross-petition for a recount or a petition for a contest is filed with the state recount commission or is made by a member of the commission, the commission shall rule on the motion to dismiss before ordering or continuing with a recount or a contest. The motion to dismiss must:

(1) state that the petitioner or cross-petitioner has failed to comply with this chapter; and

(2) specifically identify the requirement that the petitioner or cross-petitioner has failed to comply with.

     (e) Whenever the petitioner and each cross-petitioner or respondent file a joint motion to dismiss a recount or contest, the commission shall rule on the motion to dismiss before ordering or continuing with a recount or contest.

     (f) If the state recount commission orders a recount proceeding or contest proceeding, the commission shall send notice of the order to each candidate or party chair named in the petition. However, if an attorney has filed an appearance with the commission on behalf of a candidate or party chair, the notice shall be sent to the attorney. A notice under this subsection shall be sent by:

(1) electronic mail if the candidate, party chair, or attorney has provided an electronic mail address to the commission; or

(2) certified mail, in all other cases.

As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.404; P.L.176-1999, SEC.111; P.L.221-2005, SEC.126; P.L.194-2013, SEC.86.

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