Sec. 5. (a) Not later than noon on the second Monday following an election for governor and lieutenant governor, each circuit court clerk shall prepare a certified statement showing the number of votes each candidate received. The clerk shall transmit the statement to the election division in accordance with section 1.5 of this chapter. The election division shall deliver:

(1) the statement to the speaker of the house of representatives before the date described in subsection (b); and

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Terms Used In Indiana Code 3-12-5-5

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
(2) a copy of each statement to the office.

     (b) The house of representatives and the senate shall meet in joint convention not later than the date specified in Article 5, § 9 of the Constitution of the State of Indiana for the commencement of the term of the governor and the lieutenant governor to hear the canvass of votes cast for governor and lieutenant governor.

     (c) The joint convention shall act to resolve any:

(1) tie vote, as required under Article 5, § 5 of the Constitution of the State of Indiana; or

(2) contest under Article 5, § 6 of the Constitution of the State of Indiana.

     (d) The joint rules that governed the house of representatives and senate before the general election govern the joint convention until those rules are amended as provided in those rules.

     (e) After resolving any tie or contest, the presiding officer of the joint convention shall certify to the convention that the individuals receiving the most votes according to the canvass have been elected governor and lieutenant governor.

[Pre-1986 Recodification Citation: 3-1-26-10.]

As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.368; P.L.3-1993, SEC.209; P.L.4-1995, SEC.13; P.L.3-1997, SEC.346; P.L.212-2001, SEC.23; P.L.221-2005, SEC.111; P.L.278-2019, SEC.145.

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