Bill Text: IN HB1364 | 2011 | Regular Session | Introduced

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Bill Title: Election recount and contest attorney expenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Elections and Apportionment [HB1364 Detail]

Download: Indiana-2011-HB1364-Introduced.html

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Introduced Version

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HOUSE BILL No. 1364

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 3-12.

Synopsis: Election recount and contest attorney expenses. Requires a petitioner in an election recount or contest to pay the reasonable attorney's fees of other candidates who are parties in the action. Provides that the fees that a petitioner is required to pay may not exceed more than two hundred dollars ($200) an hour.

Effective: July 1, 2011.

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Niezgodski

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    January 18, 2011, read first time and referred to Committee on Elections and Apportionment.

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Introduced

First Regular Session 117th General Assembly (2011)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1364

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    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 3-12-6-34; (11)IN1364.1.1. -->     SECTION 1. IC 3-12-6-34 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 34. (a) Subject to subsection (b), a petitioner or a cross-petitioner in a recount action filed under this chapter shall pay the reasonable attorney's fees of each candidate named in the petitioner's recount petition or the cross-petitioner's cross-petition.
    (b) A petitioner or a cross-petitioner is not liable to pay attorney's fees under this section that exceed two hundred dollars ($200) an hour.

SOURCE: IC 3-12-11-26; (11)IN1364.1.2. -->     SECTION 2. IC 3-12-11-26 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 26. (a) Subject to subsection (c), a petitioner or a cross-petitioner in a recount action filed under this chapter shall pay the reasonable attorney's fees of each candidate named in the petitioner's recount petition or the cross-petitioner's cross-petition.
    (b) Subject to subsection (c), a petitioner in a contest action filed under this chapter shall pay the reasonable attorney's fees of each

candidate named in the petitioner's contest petition.
    (c) A petitioner or a cross-petitioner is not liable to pay attorney's fees under this section that exceed two hundred dollars ($200) an hour.