Section 3-12-6-8 - Petition for recount; joinder; consolidation; exception; transfer(a) Two (2) or more candidates for nomination or election to the same or a different office at the same election may join in a petition for a recount.(b) Except as provided in subsection (d), if more than one (1) petition for a recount is filed in a county no later than noon seven (7) days after election day, whether in the same court of the county or not, the petitions shall be consolidated under the first petition filed. If a transfer of petitions from one (1) court of the county to another court of the county is necessary to effect the consolidation, then the court in which the subsequent petitions were filed shall order the transfer.(c) If more than one (1) petition for a recount is filed for an office in more than one (1) county, the circuit court, superior court, or probate court for the county casting, on the face of the election returns, the highest number of votes for the office shall assume jurisdiction over all petitions and cross-petitions concerning the office. If a transfer of petitions or cross-petitions from one (1) court to another is necessary to effect the consolidation in the circuit court, superior court, or probate court, then any other court in which a petition or cross-petition was filed shall order the transfer.(d) A petition for a recount filed for an election in different municipalities, whether in the same court of the county or not, may not be consolidated.Pre-1986 Recodification Citation: 3-1-27-4.
Amended by P.L. 84-2016, SEC. 12, eff. 7/1/2016.As added by P.L. 5-1986, SEC.8. Amended by P.L. 7-1986, SEC.6; P.L. 3-1987, SEC.372; P.L. 10-1988, SEC.138; P.L. 8-1992, SEC.31.