Indiana § 3-12-10-18 - Judicial review

§ 3-12-10-18. Judicial review

Sec. 18. (a) Any party to a final determination of the state recount commission concerning a nomination subject to IC 3-12-11 or election to a state office other than governor or lieutenant governor may appeal the final determination to the court of appeals for errors of law under the same terms, conditions, and standards that govern appeals in ordinary civil actions. An assignment of errors that the commission's final determination is contrary to law is sufficient to present both the sufficiency of the facts found to sustain the commission's determination and the sufficiency of the evidence to sustain the findings of facts upon which the commission's determination was rendered.

(b) If the court of appeals finds that a party has been substantially prejudiced by commission action that is:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(2) contrary to constitutional right, power, privilege, or immunity;

(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; or

(4) without observance of procedure required by law;

the court may set aside the final determination of the commission. The court may remand the case to the commission for further proceedings and compel commission action that has been unreasonably delayed or unlawfully withheld.

As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.396; P.L.10-1988, SEC.166; P.L.194-2013, SEC.83.

IC 3-12-11Chapter 11. Recount and Contest Procedures for Presidential Primary Elections and Nomination for and Election to Federal, State, and Legislative Offices

3-12-11-1Right to recount of vote or to contest nomination or election of a candidate 3-12-11-1.5Chapter establishes standards to define vote in recount 3-12-11-2Filing of verified petition 3-12-11-3Content of petition 3-12-11-4Cross-petition for recount 3-12-11-5Failure to file cross-petition or answer to a petition; admission of truth; presumption 3-12-11-6Contents of cross-petition 3-12-11-7Amendment of petition or cross-petition 3-12-11-8Multiple candidates joining in petition for recount or contest 3-12-11-9Notice of filing of petition for recount; service and return 3-12-11-10Cash deposit for payment of costs by petitioner; appointment of commission member proxy 3-12-11-11Cash deposit by cross-petitioner 3-12-11-12Conditions for accepting petitions and cross-petitions and ordering recounts; dismissal of petitions; notice 3-12-11-13Consolidated recount 3-12-11-14Precincts eligible for recount 3-12-11-15Repealed 3-12-11-16Impoundment of election materials 3-12-11-17Convening of state recount commission; hearing on petition and recount 3-12-11-17.5Petition for manual recount of ballot cards; withdrawal of petition 3-12-11-17.7Duties of recount commission 3-12-11-18Certification of recount results; final determination of candidate eligibility; special election order 3-12-11-19Recount certificate; certified copy as prima facie evidence of votes cast 3-12-11-19.5Recount or contest proceeding for presidential electors; conclusion 3-12-11-20Recount for offices of governor and lieutenant governor; certified statements 3-12-11-21Recount for legislative office; deadline; certification of results 3-12-11-22Effect of certified statement on candidate's eligibility for office 3-12-11-23Recount for federal office or certain state offices; correction of tabulation 3-12-11-24Certificate of nomination or election or commission for office 3-12-11-25Determination of candidate ineligibility; certification of runner-up; governor appointment; effect on votes cast