§ 20-23-6-5 — Petitions protesting consolidations; notice of election

(a) If a petition is filed in one (1) or more of the
school corporations protesting consolidation as provided in this chapter
by the legal voters of any school corporation the governing body of
which proposes to consolidate, the governing body in each school
corporation in which a protest petition is filed shall certify the public
question to each county election board of the county in which the
school corporation is located. The county election board shall call an
election of the voters of the school corporation to determine if a
majority of the legal voters of the corporation is in favor of
consolidating the school corporations.
(b) If a protest is filed in more than one (1) school corporation, the
elections shall be held on the same day. Each county election board
shall give notice by publication once each week for two (2) consecutive
weeks:
(1) with each notice by publication in a newspaper of general
circulation in the school corporation, or, if a newspaper is not
published in the:
(A) township;
(B) town; or
(C) city;
the notice shall be published in the nearest newspaper published
in the county or counties; or
(2) with the first publication of notice in the newspaper or
newspapers as provided in subdivision (1) and the second
publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the school corporation.
Each notice shall state that on a day and at an hour to be named in the
notice, the polls will be open at the usual voting places in the various
precincts in the corporation for taking the vote of the legal voters upon
whether the school corporation shall be consolidated with the other
school corporations joining in the resolution.
(c) The public question shall be placed on the ballot in the form
provided by IC 3-10-9-4 and must state: "Shall (insert name of school
corporation) be consolidated with (insert names of other school
corporations)?".
(d) Notice shall be given not later than thirty (30) days after the
petition is filed. The election shall be held not less than ten (10) days
or more than twenty (20) days after the last publication of the notice.
(e) The governing body of each school corporation in which an
election is held is bound by the majority vote of those voting. However,
if the election falls within a period of not more than six (6) months
before a primary or general election, the election shall be held
concurrently with the primary or general election if the public question
is certified to the county election board not later than the deadline set
forth in IC 3-10-9-3.
(f) If a majority of those voting in any one (1) school corporation
votes against the plan of consolidation, the plan fails. However, the
failure does not prevent any or all the school corporations from taking
further initial action for the consolidation of school corporations under
this chapter.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-5-4.]

Legislative History

As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.315; P.L.169-2017, SEC.4; P.L.278-2019, SEC.169; P.L.152-2021, SEC.28.