State Summary
Indiana does not allow automatic recounts in the case of a close vote margin. The state does provide for candidate and voter-initiated recounts regardless of margin; party chairs may also petition for recounts. Petitions filed by either candidates or voters must be filed by noon 14 days after the election; party chairs are given three additional days to file a recount petition after the deadline for candidate petitions if a candidate does not file. Recount completion deadlines vary. Note that recounts of the presidential election electors must conclude six days prior to the meeting of the presidential electors. Petitioners may request that ballots are recounted manually in precincts that use a “ballot card voting system,” which is defined in Ind. Code § 3-5-2-4.5 as an optical scan voting system. Otherwise, recounts are conducted by retabulation or electronic review.
Counting Method
Mix of hand count, retabulation and electronic review
Counting method chosen by initiator
“A petition…may request that ballot cards in specified precincts that used a ballot card voting system be counted manually. If a petition or cross-petition includes such a request, automatic tabulating machines may not be used to count ballot cards in the specified precincts. Ballot cards in those precincts shall be counted manually, and the tabulation of votes must comply with IC 3-11-7.” Ind. Code § 3-12-11-17.5.
See also the hand count, retabulation, and electronic review procedures on pages 4-9 of the 2024 Agency Manual for Conduct of a Recount for the State Recount Commission.
Initiating Mechanisms
Candidate-initiated
Voter-initiated
All recounts in Indiana for state, legislative, and federal offices, are overseen by the State Recount Commission. Details on the Commission can be found in Ind. Code § 3-12-10. All recounts of elections for local and school board offices, as well as all statewide and local public questions, are determined by county recount commissions. Each commission consists of three members appointed by a court of the county in which one or more precincts to be recounted are located. Ind. Code §§ 3-12-6-14, 3-12-12-9, and 3-12-12-11.
Close Vote Margin Options
Recounts in Indiana may be initiated by candidates or voters, without a close vote margin being required in the contest in question.
Candidate-Initiated Options
Candidate determines how many/which precincts to recount
Party official may also petition for candidate
Indiana Election Code addresses candidate-initiated recounts under two separate chapters. For nominations and for elections to local and school board offices see Ind. Code § 3-12-6. For recount procedures for presidential primaries and nominations and for elections to federal, state and legislative offices see Ind. Code § 3-12-11.
Candidates may request recounts for both primary and general elections. Any candidate for a local or school board office, or for a federal, state, or legislative office, may petition for a recount. Ind. Code §§ 3-12-6-1 and 3-12-11-1. If a candidate does not file on their own behalf, a party chairperson may also petition for a recount. For local offices, the county chair may petition. Ind. Code § 3-12-6-1. For state and federal offices, the state chair may petition. Ind. Code § 3-12-11-1.
Timing: Petitions must be filed no later than noon 14 days after the election. Party chairs are given an additional three days after this date to petition if a candidate fails to file. Ind. Code §§ 3-12-6-2 and 3-12-11-2. Ind. Code § 3-12-11-19.5 requires a recount of an election for presidential electors to conclude six days prior to the meeting of the presidential electors. Ind. Code §§ 3-12-11-20–21 include specific timing requirements for recounts of elections for governor and lieutenant governor and for legislative offices. Ind. Code § 3-12-6-21.9 provides deadlines for recounts of local offices.
Voter-Initiated Options
Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions
Any voter who voted at the election in which a public question was on the ballot in their election district may petition for a recount. Ind. Code § 3-12-12-1. The petition must contain signatures from at least 10% of the voters who cast ballots on the question in the election. Ind. Code § 3-12-12-4.
Timing: Petitions must be filed no later than noon 14 days after the election. Ind. Code § 3-12-12-2.
Cost for Candidate-Initiated Recounts
Payor of costs depends on outcome
Initiators must pay a deposit of a minimum of $100. If more than 10 precincts are to be recounted, an additional per precinct deposit is also required. The amount of the per precinct deposit depends on the size of the vote margin between the initiator and the apparent winning candidate. If the vote margin is smaller (not more than 1% of all votes cast for the office), the initiator must pay an additional $10 per precinct. If the vote margin is larger (more than 1% of all votes cast for the office), the initiator must pay an additional $100 per precinct. If the recount alters the outcome of the election, the entire deposit is refunded. Ind. Code §§ 3-12-6-10 and 3-12-11-10.
Cost for Voter-Initiated Recounts
Payor of costs depends on outcome
Initiators must pay a deposit of a minimum of $100. If more than ten precincts are to be recounted, an additional per precinct deposit is also required. The amount of the per precinct deposit depends on the size of the vote margin between the affirmative and negative votes on the question. If the vote margin is smaller (not more than 200 votes for local questions and not more than 2,000 for statewide questions), the initiator must pay an additional $10 per precinct. If the vote margin is larger (more than 200 votes for local questions and more than 2,000 for statewide questions), the initiator must pay an additional $100 per precinct. If the recount alters the outcome of the election, the entire deposit is refunded. Ind. Code § 3-12-12-5.
Challengers and Observers
Party/candidate/initiator may appoint observers; no guidance on challengers; recount is public
The Indiana Code specifies both that recounts shall be public and that members of the media may attend. It also allows for candidates to appoint a watcher for the recount. Watchers have the authority to observe but not to challenge ballots. Ind. Code §§ 3-12-6-21 and 3-12-11-17.
For recounts on public questions, the petitioner may designate a watcher to be present at the recount and may also be present in person. Ind. Code § 3-12-12-17.
Rules for Determining Voter Intent
Guidelines on voter intent and rules for valid voter marks can be found in Ind. Code § 3-12-1.
Resources
Ind. Code § 3-5-2-4.5
Ind. Code § 3-12-1
Ind. Code § 3-12-6
Ind. Code § 3-12-10
Ind. Code § 3-12-11
Ind. Code § 3-12-12
Additional Resources
Indiana Code - Title 3 - Elections
Indiana Secretary of State Elections Division
2024 Agency Manual for Conduct of a Recount for the State Recount Commission
2024 Indiana Election Administrator's Manual