Indiana Code 3-12-8-17. Hearing and determination of contest; judgment declaring candidate elected or nominated; ineligible contestee only candidate; candidate or office vacancy; order for special election
(b) The court shall determine the issues raised by the petition and answer to the petition.
Terms Used In Indiana Code 3-12-8-17
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) nominated at the primary, and that a ballot vacancy exists that the political party may fill under Ind. Code § 3-13-1 or Ind. Code § 3-13-2; or
(2) elected at the general or municipal election, and that an office vacancy exists that may be filled under Ind. Code § 3-13, subject to the right of an individual currently serving in the office to hold over in that office under Article 15, Section 3 of the Constitution of the State of Indiana.
(d) If the court finds that:
(1) a mistake in the printing or distribution of the ballots used in the election;
(2) a mistake in the programming of an electronic voting system;
(3) a malfunction of an electronic voting system; or
(4) the occurrence of a deliberate act or series of actions;
makes it impossible to determine which candidate received the highest number of votes, the court shall order that a special election be conducted under Ind. Code § 3-10-8.
(e) The special election shall be conducted in the precincts identified in the petition in which the court determines that:
(1) ballots containing the printing mistake or distributed by mistake were cast;
(2) a mistake occurred in the programming of an electronic voting system;
(3) an electronic voting system malfunctioned; or
(4) the deliberate act or series of actions occurred.
[Pre-1986 Recodification Citation: 3-1-28-6 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1989, SEC.14; P.L.4-1991, SEC.119; P.L.14-2004, SEC.161; P.L.221-2005, SEC.121; P.L.169-2015, SEC.149.