Recount laws in Indiana
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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Indiana.[1]
- Does state law require automatic recounts?
- No.
- When must an automatic recount be completed?
- There are no automatic recounts in this state.
- Can a recount be requested?
- Yes, the recount can be requested no later than 14 days after the election. If a candidate does not meet that deadline, his or her party chair has three extra days to request a recount. No margin is required and there is no set deadline for completion.
- Who pays for a requested recount?
- The requester.
- Is a refund available for requested recount costs?
- Yes. Costs paid by the requester are refunded if the recount changes the election outcome.
- Can a partial recount be requested?
- Yes.
Indiana recount procedures
Automatic recount procedures
Indiana does not require automatic recounts.
Requested recount procedures
Any candidate may request a recount by 12:00 p.m. two weeks after the election. If a candidate does not request a recount by that time, his or her party chair has three extra days to request a recount.[1] Any voter who voted in the election may request a recount for a ballot measure. In order to make such a request, the voter must present a petition containing signatures from at least 10% of the total number of voters who voted on the measure in question.[1] In all instances, the requester is responsible for costs associated with the recount. Any costs paid by the requester are refunded if the recount changes the election outcome.[1]
State law does not specify a deadline for the completion of a requested recount.
For more information about recount procedures in Indiana, click here.
Indiana voting equipment
- See also: Voting methods and equipment by state
Indiana uses paper and Direct Recording Electronic (DRE) systems for its elections. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[2][3]
50-state overview of recount laws
The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.
50-state overview of requested recounts
The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.
Who pays for requested recounts? | |||||||
---|---|---|---|---|---|---|---|
State[6] | Who pays for a requested recount? | Refund available? | Can candidates request a partial recount? | Citation | |||
Alabama | Requester | Yes | Yes | 16-20,21 | |||
Alaska | State/Requester Depends on margin |
Yes | Yes | 20.430-490 | |||
Arizona | No requested recounts | N/A | No | 16-661,249 | |||
Arkansas | Requester | Yes | Yes | 7-5-319 | |||
California | Requester | Yes | Yes | 15620-15634 | |||
Colorado | Requester | Yes | No | 10.5-101-109 | |||
Connecticut | No requested recounts | N/A | No | 9-445,6-311a | |||
Delaware | State | N/A | Yes | 5702(C,E) | |||
District of Columbia | Requester | Yes | Yes | 1-1001.11(a) | |||
Florida | No requested recounts | N/A | No | 102.141,166 | |||
Georgia | State | N/A | No | 21-2-495,499 | |||
Hawaii | No requested recounts | N/A | No | 11-158 | |||
Idaho | State/Requester Depends on margin |
Yes | Yes | 34-2301-2309 | |||
Illinois | Requester | Maybe[7] | Yes | 5/22-9.1, 18 | |||
Indiana | Requester | Yes | Yes | 3-12-11-1-10 | |||
Iowa | State/Requester Depends on margin |
Yes | Yes | 43.56,50.48 | |||
Kansas | State/Requester Depends on margin |
Yes | Yes | 25-3107 | |||
Kentucky | Requester | No | Yes | 120.095,185 | |||
Louisiana | Requester | Yes | Yes | 18-1451,1453 | |||
Maine | State/Requester Depends on margin |
Yes | No | 737-A | |||
Maryland | State/Requester Depends on margin |
Yes | Yes | 12-101-107 | |||
Massachusetts | State | N/A | Yes | 54:135,A,B | |||
Michigan | Requester | Yes | Yes | 168.879-894 | |||
Minnesota | State/Requester Depends on margin |
N/A | Yes | 204C.35-361 | |||
Mississippi | No requested recounts | N/A | No | N/A | |||
Missouri | Requester | Maybe[8] | No | 115.601 | |||
Montana | State/Requester Depends on margin |
Maybe[9] | No | 13-16-201-11 | |||
Nebraska | Requester | Yes | Yes | 32-1119,1121 | |||
Nevada | Requester | Yes | No | 293.403-405 | |||
New Hampshire | State/Requester Depends on election type[10] |
Varies[11] | No | 660:1-16 | |||
New Jersey | Requester | Yes | Yes | 19:28-1,2,3 | |||
New Mexico | Requester | Yes | Yes | 1-14-14 to 25 | |||
New York | Unclear[12] | No | No | 9-208 | |||
North Carolina | State | N/A | No | 163-182.7,182.7A | |||
North Dakota | Requester | No | No | 16.1-16-01 | |||
Ohio | Requester | Yes | Yes | 3515.01-072 | |||
Oklahoma | Requester | Yes | Yes | 26-8-109 to117 | |||
Oregon | Requester | Yes | Yes | 258.161,280 | |||
Pennsylvania | Requester | Yes | Yes | 3154g,3261-3 | |||
Rhode Island | Unclear[13] | No | No | 17-19-37.1 | |||
South Carolina | No requested recounts | N/A | No | 7-17-280 | |||
South Dakota | State | N/A | Yes | 12-21-1 to 37 | |||
Tennessee | No requested recounts | N/A | No | 2-17,18 | |||
Texas | Requester | Yes | Yes | 211 to 216 | |||
Utah | State/Requester Depends on requester[14] |
N/A | No | 20A-4-401 | |||
Vermont | State | N/A | No | 17-51-2601,2602 | |||
Virginia | State/Requester Depends on margin |
Yes | No | 8-24.2-800 to 802.3 | |||
Washington | Requester | Yes | Yes | 29A.64 | |||
West Virginia | Requester | Yes | Yes | 3-6-9 | |||
Wisconsin | State/Requester Depends on margin |
Yes | Yes | 9.01,5.90 | |||
Wyoming | Requester | Yes | No | 22-16-109 to 114 |
See also
- Election recount laws and procedures in the 50 states, 2020
- Voting in Indiana
- Indiana
- Voting methods and equipment by state
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Indiana General Assembly, "3-12-11," accessed October 16, 2020
- ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
- ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
- ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
- ↑ A court may order a recount under Arizona law.
- ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
- ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
- ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
- ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
- ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
- ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
- ↑ No mention in state law.
- ↑ No mention in state law.
- ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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