Indiana § 3-12-11-25 - Determination of candidate ineligibility; certification of runner-up; governor appointment; effect on votes cast

§ 3-12-11-25. Determination of candidate ineligibility; certification of runner-up; governor appointment; effect on votes cast

Sec. 25. (a) Except as provided in subsection (b), whenever the commission makes a final determination under section 18 of this chapter that the candidate who is subject to a contest proceeding is not eligible to serve in the office to which the candidate is nominated or elected, the candidate who received the second highest number of votes for the office is entitled to a certificate of nomination or certificate of election even though a certificate may have been issued to another candidate upon the tabulation of the votes.

(b) This subsection applies to a contest proceeding for a state office other than the offices of governor, lieutenant governor, justice of the supreme court, judge of the court of appeals, and judge of the tax court. Whenever the commission makes a final determination under section 18(b) of this chapter that the candidate who is subject to a contest proceeding is not eligible to serve in the office to which the candidate is elected the following apply:

(1) This subdivision does not apply to the filling of a state office following a contest proceeding or court action that resulted from an election held before January 1, 2011. The office is considered vacant, and the governor shall fill the vacancy as provided in IC 3-13-4-3(e) by the appointment of a person of the same political party as the candidate who is not eligible to serve.

(2) The commission's determination that the candidate is not eligible to serve in the office does not affect the votes cast for the candidate for purposes of determining the number or percentage of votes cast for purposes of other statutes, including IC 3-5-2.1-62, IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7, IC 3-6-6-8, IC 3-6-7-1, IC 3-6-8-1, IC 3-8-4, IC 3-8-6, IC 3-10-1-2, IC 3-10-2-15, IC 3-10-4-2, IC 3-10-6, IC 3-10-7-26, IC 3-11-2-6, IC 3-11-13-11, IC 3-11-14-3.5, IC 3-13-9-4.5, IC 6-9-2-3, and IC 36-4-1.5-2.

As added by P.L.3-1987, SEC.412. Amended by P.L.10-1988, SEC.180; P.L.225-2011, SEC.78; P.L.233-2015, SEC.2; P.L.186-2025, SEC.28.

IC 3-12-12Chapter 12. Recount Procedures for Public Questions

3-12-12-1Voters entitled to recount 3-12-12-1.5Chapter establishes standards to define vote in recount 3-12-12-1.7"Petitioner" 3-12-12-2Filing of petition 3-12-12-3Petition contents 3-12-12-4Signatures by voters; percentage 3-12-12-5Cash deposit or bond to accompany petition 3-12-12-6Payment of costs upon failure to provide cash deposit 3-12-12-7Multiple petitions in single county 3-12-12-8Petitions in multiple counties; jurisdiction 3-12-12-9Order of recount 3-12-12-10Consolidated petitions and orders 3-12-12-11Recount commission; membership 3-12-12-12Compensation of commission members 3-12-12-13Sending copy of recount order 3-12-12-14Impoundment and protection of voting equipment and materials 3-12-12-15Copies of impounded materials 3-12-12-16Access to impounded materials 3-12-12-17Recount by commission; watchers 3-12-12-18Manual recount request; withdrawal 3-12-12-19Certificate of recount totals 3-12-12-20Effect of recount certificate 3-12-12-21Finality of commission determination; appeal 3-12-12-22Multiple county elections; differences in vote totals; certificate of corrected totals 3-12-12-23Statewide public questions; recounts; certificate of corrected vote totals; certificate of approval or rejection 3-12-12-24Repealed 3-12-12-25Single county elections; differences in vote totals; certificate of corrected totals 3-12-12-26Local public questions; recounts; transmittal of certificate of corrected totals; certificate of approval or rejection