(a) Any party to a final determination of the state recount commission concerning a nomination subject to IC 3-12-11 or election to a state office other than governor or lieutenant governor may appeal the final determination to the court of appeals for errors of law under the same terms, conditions, and standards that govern appeals in ordinary civil actions. An assignment of errors that the commission's final determination is contrary to law is sufficient to present both the sufficiency of the facts found to sustain the commission's determination and the sufficiency of the evidence to sustain the findings of facts upon which the commission's determination was rendered.(b) If the court of appeals finds that a party has been substantially prejudiced by commission action that is:(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;(2) contrary to constitutional right, power, privilege, or immunity;(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; or(4) without observance of procedure required by law;the court may set aside the final determination of the commission. tatutory jurisdiction, authority, or limitations, or short of statutory right; or(4) without observance of procedure required by law;the court may set aside the final determination of the commission. The court may remand the case to the commission for further proceedings and compel commission action that has been unreasonably delayed or unlawfully withheld.As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.396; P.L.10-1988, SEC.166; P.L.194-2013, SEC.83.
Indiana Legal Code