Sec. 2. An election may be contested under section 1 of
this chapter if a petitioner alleges that one (1) of the following
circumstances existed:
(1) The contestee was ineligible (other than a candidate in a
primary election certified as deceased under IC 3-8-7-1).
(2) A mistake occurred in the printing or distribution of ballots
used in the election that makes it impossible to determine which
candidate received the highest number of votes.
(3) A mistake occurred in the programming of an electronic
voting system, making it impossible to determine the candidate
who received the highest number of votes.
(4) An electronic voting system malfunctioned, making it
impossible to determine the candidate who received the highest
number of votes.
(5) A deliberate act or series of actions occurred making it
impossible to determine the candidate who received the highest
number of votes cast in the election.
[Pre-1986 Recodification Citation: 3-1-28-2.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988,
SEC.153; P.L.10-1989, SEC.12; P.L.4-1991, SEC.117; P.L.176-1999,
SEC.100; P.L.221-2005, SEC.118; P.L.194-2013, SEC.80.
Notes of Decisions
Cited in
9
cases, 1989–2019 · leading case:
Pabey v. Pastrick, 816 N.E.2d 1138 (Ind. 2004).
Pabey v. Pastrick, 816 N.E.2d 1138 (Ind. 2004).
· cites it 26× “" Ind.Code § 3-12-8-2. Under the circumstances, he asks that the results of the primary election be vacated and a special election be ordered.”
Anderson v. Ivy, 955 N.E.2d 795 (Ind. Ct. App. 2011).
· cites it 5× “I.C. § 3-12-8-2; see also I.C. § 3-12-8-6(a)(3).”
Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009).
· cites it 4× “Burke challenged Bennett's election, seeking the remedy provided by Indiana Code § 3-12-8-2, which authorizes an election to be contested on various grounds, subsection (1) of which is that "[t]he contestee was ineligible.”
Gaddis v. McCullough, 827 N.E.2d 66 (Ind. Ct. App. 2005).
· cites it 4× “To prevail in their contest action, the unsuccessful candidates were required to *76 show that it was "impossible to determine the candidate who received the highest number of votes" as required by Indiana Code § 3-12-8-2 to order a special election.”
Mansfield v. McSHURLEY, 911 N.E.2d 581 (Ind. Ct. App. 2009).
· cites it 2× “2d at 1147 -48 (quoting Ind.Code § 3-12-8-2). The last of these grounds, the "deliberate actions" ground, "is in stark contrast to the first three, which encompass inadvertent human error or device malfunction.”
Cline v. Bd. of Trs. of the Cnty. Sch. Corp., 534 N.E.2d 748 (Ind. 1989).
· cites it 4× “Ind. Code § 3-12-8-2 (Burns 1988 Supp.) states: An election may be contested under Section 1 of this chapter if a petitioner alleges that the contestee was ineligible.”
Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008).
· cites it 16× “On November 19, 2007, Burke filed a petition contesting the election pursuant to Ind.Code § 3-12-8-2 and Ind.Code § 3-12-8-6.”
Hawkins v. Wayne Tp. Bd. of Marion Cnty., In, 183 F. Supp. 2d 1099 (S.D. Ind. 2002).
· cites it 2× “” Ind.Code § 3-12-8-2(2) & (3). The remedy of an election contest was available to plaintiffs in this case, though on a very tight set of deadlines intended to ensure that any election disputes are presented and resolved as quickly as possible, without leaving a lingering cloud…”
Donald B. Kite, Sr. v. Alexandra Curlin, 139 N.E.3d 1113 (Ind. Ct. App. 2019).
· cites it 2× “]” Ind. Code § 3-12-8-2 . Such a contest must be filed in the local circuit court “no later than noon fourteen (14) days after election day.”
Ind. Code § 3-12-8-2(1): 2 cases
Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009).
“Burke challenged Bennett's election, seeking the remedy provided by Indiana Code § 3-12-8-2, which authorizes an election to be contested on various grounds, subsection (1) of which is that "[t]he contestee was ineligible.”
Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008).
“On November 19, 2007, Burke filed a petition contesting the election pursuant to Ind.Code § 3-12-8-2 and Ind.Code § 3-12-8-6.”
Ind. Code § 3-12-8-2(2): 1 case
Hawkins v. Wayne Tp. Bd. of Marion Cnty., In, 183 F. Supp. 2d 1099 (S.D. Ind. 2002).
“” Ind.Code § 3-12-8-2(2) & (3). The remedy of an election contest was available to plaintiffs in this case, though on a very tight set of deadlines intended to ensure that any election disputes are presented and resolved as quickly as possible, without leaving a lingering cloud…”
Ind. Code § 3-12-8-2(5): 2 cases
Pabey v. Pastrick, 816 N.E.2d 1138 (Ind. 2004).
“" Ind.Code § 3-12-8-2. Under the circumstances, he asks that the results of the primary election be vacated and a special election be ordered.”
Anderson v. Ivy, 955 N.E.2d 795 (Ind. Ct. App. 2011).
“I.C. § 3-12-8-2; see also I.C. § 3-12-8-6(a)(3).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.