§ 3-11-1.5-20.5 — Exemption from precinct boundary requirements

Indiana § 3-11-1.5-20.5

• Jurisdiction: Indiana
• Art. 11: VOTING METHODS, SUPPLIES, AND
• Ch. 1.5: Precincts

Text

5. (a) This section applies when:
(1) a county executive is advised that a proposed precinct
establishment order does not comply with this chapter; and
(2) the county executive determines that the noncompliance
cannot be corrected by the establishment of a precinct that
complies with both:
(A) the maximum voter requirement of section 3 of this
chapter; and
(B) the precinct boundary requirements of section 5 of this
chapter.
(b) The county executive may request the commission to grant an
exemption from the precinct boundary requirements of section 5 of this
chapter to establish a precinct boundary described by this section.
(c) The commission shall conduct a hearing on the exemption
request. If the commission determines that the noncompliance cannot
be corrected by the establishment of a precinct that complies with both:
(1) the maximum voter requirement of section 3 of this chapter;
and
(2) the precinct boundary requirements of section 5 of this
chapter;
the commission shall grant the exemption. However, the commission
may not grant an exemption that violates section 4(1), 4(5), 4(6), or
4(7) of this chapter.
(d) If the commission grants the exemption, the county executive
shall amend the proposed precinct establishment order described by
section 19 of this chapter to establish precinct boundaries:
(1) in accordance with the exemption granted by the commission;
and
(2) that comply with all other requirements established by this
chapter.
(e) The proposed precinct establishment order described in
subsection (d) must include a description in metes and bounds of the
boundaries authorized by the exemption granted under this section.

Legislative History

As added by P.L.5-1989, SEC.47. Amended by P.L.8-1995, SEC.43; P.L.3-1997, SEC.247; P.L.212-2001, SEC.15.