Indiana Recount Laws
This information was updated 10/31/2022
Title 3. Elections, of the 2022 Indiana Code is available here.
Mixed paper ballot and DREs with and without VVPAT
For more details, visit Verified Voting.
Mix of hand count, retabulation and electronic review
Counting method chosen by initiator
“A petition…may request that ballot cards in specified precincts that used a ballot card voting system be counted manually. If a petition or cross-petition includes such a request, automatic tabulating machines may not be used to count ballot cards in the specified precincts. Ballot cards in those precincts shall be counted manually, and the tabulation of votes must comply with IC 3-11-7.” Indiana Code (IC) 3-12-11-17.5
See also the hand count, retabulation and electronic review procedures on pages 8-11 of the 2022 Guidelines for the Conduct of an Recount and Contest.
Candidate-initiated
Voter-initiated
All recounts in Indiana for state, legislative, and federal offices, are overseen by the State Recount Commission. Details on the Commission can be found in IC 3-12-10. All recounts of elections for local and school board offices, as well as all statewide and local public questions, are determined by county recount commissions. Each commission consists of three members appointed by a court of the county in which one or more precincts to be recounted are located. IC 3-12-6-14, 3-12-12-9 and 3-12-12-11.
Candidate determines how many/which precincts to recount
Party official may petition for candidate
The Indiana Code addresses candidate-initiated recounts under two separate chapters in the Election Code. For nominations and for election to local and school board offices, see IC 3-12-6. For recount procedures for presidential primaries and nominations for and election to federal, state and legislative offices see IC 3-12-11.
Candidates may request recounts for both primary and general elections. Any candidate for a local or school board office, or for a federal, state, or legislative office, may petition for a recount. IC 3-12-6-1 and 3-12-11-1. If a candidate does not file on their own behalf, a party chairperson may also petition for a recount. For local offices, the county chair may petition, and for state and federal offices, the state chair may petition. IC 3-12-6-1 and 3-12-11-1.
Timing: Petitions must be filed no later than noon fourteen days after the election. Party chairs are given an additional three days after this date to petition if a candidate fails to file. IC 3-12-6-2 and 3-12-11-2.
Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions
Any voter who voted at the election in which a public question was on the ballot in their election district may petition for a recount. IC 3-12-12-1. The petition must contain signatures from at least 10% of the voters who cast ballots on the question in the election. IC 3-12-12-4.
Timing: Petitions must be filed no later than noon fourteen days after the election. IC 3-12-12-2.
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Initiators must pay a deposit of a minimum of $100. If more than ten precincts are to be recounted, an additional per precinct deposit is also required. The amount of the per precinct deposit depends on the size of the vote margin between the initiator and the apparent winning candidate. If the vote margin is smaller (not more than 1% of all votes cast for the office), the initiator must pay an additional $10 per precinct. If the vote margin is larger (more than 1% of all votes cast for the office), the initiator must pay an additional $100 per precinct. If the recount alters the outcome of the election, the entire deposit is refunded. IC 3-12-6-10 and 3-12-11-10.
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Initiators must pay a deposit of a minimum of $100. If more than ten precincts are to be recounted, an additional per precinct deposit is also required. The amount of the per precinct deposit depends on the size of the vote margin between the affirmative and negative votes on the question. If the vote margin is smaller (not more than 200 votes for local questions and not more than 2000 for statewide questions), the initiator must pay an additional $10 per precinct. If the vote margin is larger (more than 200 votes for local questions and more than 2000 for statewide questions), the initiator must pay an additional $100 per precinct. If the recount alters the outcome of the election, the entire deposit is refunded. IC 3-12-12-5.
Statutes specify that recount must be public
Party/candidate or initiator has statutory authority to appoint observers
No statutory guidance for recount challengers
The Indiana Code specifies both that recounts shall be public and that members of the media may attend. It also allows for candidates to appoint a watcher for the recount. ” Watchers have authority to observe but not to challenge ballots. IC 3-12-6-21.
For recounts on public questions, the petitioner may designate a watcher to be present at the recount and may also be present in person. IC 3-12-12-17.
Statutory guidance provided
Guidelines on voter intent and rules for valid voter marks can be found in IC 3-12-1.
See Indiana audit laws at Verified Voting.
This information was updated 10/31/2022 using the 2022 Indiana Code accessed here.