Ind. Code » Title 3
Indiana Code

Ind. Code § 3-12-8-5 (2025)

Contest of election or nomination; filing of verified petition; elections in different municipalities

✓ 2025 Indiana Code: the 2026 session is not included
Find cases: SyfertCases citing this section JustiaInd. Code CornellLII Search CasesGoogle Scholar

     Sec. 5. (a) A candidate who desires to contest an election or a nomination under this chapter must file a verified petition with the circuit court clerk of the county that contains the greatest percentage of the population of the election district no later than noon fourteen (14) days after election day.

     (b) A county chairman who is entitled to and desires to contest an election or a nomination under this chapter must file a verified petition with the circuit court clerk of the county that contains the greatest percentage of the population of the election district not later than noon seventeen (17) days after election day.

     (c) A petition for a contest of an election in different municipalities, whether in the same court of the county or not, may not be consolidated.

[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]

As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.382; P.L.10-1988, SEC.154; P.L.8-1992, SEC.33; P.L.4-1996, SEC.80; P.L.221-2005, SEC.119.

 

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1988–2025 · leading case: Pabey v. Pastrick, 816 N.E.2d 1138 (Ind. 2004).
Sort: Relevance Newest Treatment
Pabey v. Pastrick, 816 N.E.2d 1138 (Ind. 2004). · cites it 4× “I.C. § 3-12-8-5 (1998). The matter is to be heard within twenty days after notice of a contest is served.”
Smith v. King, 716 N.E.2d 963 (Ind. Ct. App. 1999). · cites it 15× “CODE § 3-12-8-5; State ex rel. Wilson v. Circuit Court of Lake County, 239 Ind.”
Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009). · cites it 2× “" - Ind.Code § 3-12-8-5(a). - Burke's claims that Bennett was ineligible rested exclusively on the Indiana disqualification statute, § 3-8-1-5(c), and its references to the federal Little Hatch Act.”
Hawkins v. Wayne Tp. Bd. of Marion Cnty., In, 183 F. Supp. 2d 1099 (S.D. Ind. 2002). · cites it 6× “Ind. Code § 3-12-8-5 (a). (A county chairman may contest an election up to ten days after the election.”
Mansfield v. McSHURLEY, 911 N.E.2d 581 (Ind. Ct. App. 2009). · cites it 2× “" Ind.Code § 3-12-8-5 (emphasis supplied). Neither candidate requested a recount within fourteen days.”
Briles v. Wurtsbaugh, 530 N.E.2d 1187 (Ind. Ct. App. 1988). “CODE § 3-12-8-5 (1987 Supp.) states: “A person who desires to contest an election under this chapter must file a verified petition with: (1) the circuit court clerk of the county that contains the greatest percentage of the population of the election district; and (2) the…”
In re the Election of the Mayor of the City of Mitchell Dan Terrell v. John \JD\" England (mem. dec.)", No. 47A04-1602-MI-402 (Ind. Ct. App. Dec. 29, 2016). · cites it 4× “As relevant here, grounds for contest exist where: (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…”
Donald B. Kite, Sr. v. Alexandra Curlin, 139 N.E.3d 1113 (Ind. Ct. App. 2019). · cites it 2× “” Ind. Code § 3-12-8-5 . The petition to contest the election must state inter alia: (3) That the petitioner in good faith believes that one (1) or more of the following occurred: (A) The person declared nominated or elected does not comply with a specific constitutional or…”
Ross Graham Thomas v. Joseph Foyst, 260 N.E.3d 887 (Ind. 2025). · cites it 2× “For local offices, they begin with a verified petition containing statutorily- required information filed in court, I.C. § 3-12-8-5, and they are subject to statutorily-required hearing procedures, see I.”
Ind. Code § 3-12-8-5(a): 3 cases
Smith v. King, 716 N.E.2d 963 (Ind. Ct. App. 1999). “CODE § 3-12-8-5; State ex rel. Wilson v. Circuit Court of Lake County, 239 Ind.”
Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009). “" - Ind.Code § 3-12-8-5(a). - Burke's claims that Bennett was ineligible rested exclusively on the Indiana disqualification statute, § 3-8-1-5(c), and its references to the federal Little Hatch Act.”
In re the Election of the Mayor of the City of Mitchell Dan Terrell v. John \JD\" England (mem. dec.)", No. 47A04-1602-MI-402 (Ind. Ct. App. Dec. 29, 2016). “As relevant here, grounds for contest exist where: (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…”
Ind. Code § 3-12-8-5(b): 1 case
Hawkins v. Wayne Tp. Bd. of Marion Cnty., In, 183 F. Supp. 2d 1099 (S.D. Ind. 2002). “Ind. Code § 3-12-8-5 (a). (A county chairman may contest an election up to ten days after the election.”
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.