(a) Except as provided in subsection (d) or (e), the state recount commission shall accept the petitions and cross-petitions that have been filed and order the recount of the votes in the precincts upon: (1) the filing of a petition and cash deposit or bond under this chapter; (2) the expiration of the period under section 4 of this chapter for filing a cross-petition; and (3) proof of service of all notices. (b) Except as provided in subsection (d), whenever a petition filed under section 2 of this chapter requests a recount in all precincts in the election district, the state recount commission may order a recount in the precincts upon: (1) the filing of a cash deposit or bond under this chapter; and (2) proof of service of all notices. (c) Except as provided in subsection (d), the state recount commission shall accept a petition for a contest that has been filed and order a contest proceeding upon: (1) the filing of a petition under this chapter; and (2) proof of service of all notices. (d) Whenever a motion to dismiss a petition or cross-petition for a recount or a petition for a contest is filed with the state recount commission or is made by a member of the commission, the commission shall rule on the motion to dismiss before ordering or continuing with a recount or a contest. The motion to dismiss must: (1) state that the petitioner or cross-petitioner has failed to comply with this chapter; and (2) specifically identify the requirement that the petitioner or cross-petitioner has failed
§ Ind. Code § 3-12-11-12Conditions for accepting petitions and cross-petitions and ordering recounts; dismissal of petitions; notice
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