Indiana § 3-12-5-2 - Office not commissioned by governor; delivery of certificate of candidate's election on demand

§ 3-12-5-2. Office not commissioned by governor; delivery of certificate of candidate's election on demand

Sec. 2. (a) Whenever a candidate is elected:

(1) to a local or school board office other than:

(A) one for which a town clerk-treasurer issues a certificate of election under IC 3-10-7-34; or

(B) one commissioned by the governor under IC 4-3-1-5; or

(2) a precinct committeeman or state convention delegate;

the circuit court clerk shall, when permitted under section 16 of this chapter, prepare and deliver to the candidate on demand a certificate of the candidate's election.

(b) This subsection applies to a local or school board office described in subsection (a) with an election district located in more than one (1) county and a local public question placed on the ballot in more than one (1) county. The circuit court clerk of the county that contains the greatest percentage of the population of the election district shall, upon demand of the candidate or a person entitled to request a recount of the votes cast on a public question under IC 3-12-12:

(1) obtain the certified statement of the votes cast for that office or on that question that was prepared under IC 3-12-4-9 from the circuit court clerk in each other county in which the election district is located;

(2) tabulate the total votes cast for that office or on that question as shown on the certified statement of each county in the election district; and

(3) issue a certificate of election to the candidate when permitted under section 16 of this chapter or a certificate declaring the local public question approved or rejected.

[Pre-1986 Recodification Citations: 3-1-18-3 part; 3-1-26-1 part.]

As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.366; P.L.10-1988, SEC.130; P.L.3-1989, SEC.12; P.L.10-1992, SEC.25; P.L.38-1999, SEC.58.