§ 20-23-8-11 — Filing and certification of petitions

Indiana § 20-23-8-11

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 23: ORGANIZATION OF SCHOOL CORPORATIONS
• Ch. 8: Governing Body Composition Change

Text

(a) A voter is entitled to file a petition under
this chapter with the clerk of the circuit court to:
(1) initiate a plan;
(2) protest a plan; or
(3) initiate an alternative plan.
(b) If a voter files a petition under subsection (a), the filing and
certification of the petition is governed by the following provisions:
(1) The petition must show:
(A) the date that a person has signed the petition; and,
(B) in order to identify the person as a registered voter of the
school corporation, the person's residence on that date.
(2) The petition may be executed in several counterparts, the total
of which constitutes a petition. A counterpart must:
(A) contain the names of voters residing within a single county;
(B) be filed with the clerk of the circuit court of that county;
(C) have attached to it the affidavit of the person circulating the
counterpart stating that each signature:
(i) appearing on the counterpart was affixed in the person's
presence; and
(ii) is the true and lawful signature of the person who made
the signature.
(3) A person who signs a petition or a counterpart may file the
petition or a counterpart.
(4) All counterparts constituting a petition shall be filed on the
same day.
(5) A person who signs a petition filed under subsection (a) may
withdraw the person's name from the petition before the petition
is filed with the clerk. Names may not be added to a petition after
the petition has been filed with the clerk.
(6) After the receipt of a petition, the clerk shall:
(A) strike all signatures appearing on the petition more than
once; and
(B) make a certification under the clerk's hand and seal of the
office as to the following:
(i) The number of signatures on the petition that are not
duplicates representing persons who are registered voters
residing within that part of the school corporation located
within the county, as disclosed by the voter registration
records in the office of the clerk or the board of registration
of the county, or wherever the registration records are kept.
(ii) The total number of registered voters residing within the
boundaries of that part of the school corporation located
within the county, as disclosed in the records described in
item (i).
(iii) The date of the filing of the petition with the clerk.
(7) The clerk shall:
(A) certify a petition not more than thirty (30) days after the
filing of the petition, excluding time when the registration
records are unavailable to the clerk, or within additional time as
is reasonably necessary not to exceed an additional thirty (30)
days, to permit the clerk to make a certification;
(B) establish a record of the certification at the clerk's office;
and
(C) file:
(i) the original petition; and
(ii) a copy of the clerk's certification;
with the governing body.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-10.1-6.]

Legislative History

As added by P.L.1-2005, SEC.7.