Sec. 13. (a) This section does not apply to a petitioner who is determined to have been nominated or elected after the recount or the contest.
(b) A candidate filing a petition under IC 3-12-11 shall reimburse the state for the following:
(1) The expenses of the state recount commission in the amount of the cash deposit required for a recount under IC 3-12-11-10 or a contest under IC 3-12-11-11.
(2) If the state recount commission determines that:
(A) the candidate filing the petition did not receive the greatest number of votes; and
(B) the candidate who received the greatest number of votes received at least ten percent (10%) more of the total votes than the candidate filing the petition;
the petitioner is liable for the expenses chargeable to another party under section 14 of this chapter.