Section 3-12-11-18 - Certification of recount results; final determination of candidate eligibility; special election order(a) When a recount is completed by the state recount commission or its designee, the commission shall:(1) make and sign a certificate showing the total number of votes received in the precincts by each candidate for nomination or election to the office;(2) state in its certificate the candidate who received the highest number of votes in the precincts for nomination or election to the office and by what plurality; and(3) file its certificate with the election division.(b) When a contest proceeding in which a candidate is alleged to be ineligible is completed by the state recount commission or its designee, the commission shall make a final determination concerning the eligibility of the candidate for nomination or election to the office.(c) If the state recount commission or its designee determines that:(1) a mistake was made in the printing or distribution of ballots used in the election;(2) a mistake was made in the programming of an electronic voting system;(3) an electronic voting system malfunctioned; or(4) a deliberate act or series of actions occurred; that makes it impossible to determine which candidate received the highest number of votes cast, the commission shall order that a special election be conducted under IC 3-10-8.
(d) The special election ordered under subsection (c) shall be held in the precincts identified in the petition in which the commission 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) a deliberate act or series of actions occurred.As added by P.L. 7-1986, SEC.19. Amended by P.L. 3-1987, SEC.410; P.L. 10-1988, SEC.174; P.L. 10-1989, SEC.16; P.L. 3-1997, SEC.372; P.L. 14-2004, SEC.166; P.L. 221-2005, SEC.130.