§ 36-1.5-4-28 — Form of public question; approval by department of local government finance; certification of public question; placing public question on ballot

Indiana § 36-1.5-4-28

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1.5: GOVERNMENT MODERNIZATION
• Ch. 4: Reorganization by Referendum

Text

(a) A public question under this chapter
shall be placed on the ballot in all of the precincts that are located in
the reorganizing political subdivisions in substantially the following
form:
(Insert a brief description of the structure of the proposed
reorganized political subdivision that will succeed the
reorganizing political subdivisions.)
"Shall _________ (insert name of political subdivision) and
_________ (insert name of political subdivision) reorganize as a
single political subdivision?".
(b) The public question must appear on the ballot in the form
approved by the county election board. A brief description of the
reorganized political subdivision that will succeed the reorganizing
political subdivisions, and the public question described in subsection
(a), shall be placed on the ballot in the form prescribed by IC 3-10-9-4.
The county election board shall submit the language to the department
of local government finance for review.
(c) The department of local government finance shall review the
language of the public question to evaluate whether the description of
the reorganized political subdivision that will succeed the reorganizing
political subdivisions is accurate and is not biased against either a vote
in favor of the reorganization or a vote against the reorganization. The
department of local government finance may:
(1) approve the ballot language as submitted; or
(2) modify the ballot language as necessary to ensure that the
description of the reorganized political subdivision that will
succeed the reorganizing political subdivisions is accurate and is
not biased.
The department of local government finance shall certify its approval
or recommendations to the county election board not more than ten
(10) days after the language of the public question is submitted to the
department for review. If the department of local government finance
recommends a modification to the ballot language, the county election
board shall, after reviewing the recommendations of the department of
local government finance, submit modified ballot language to the
department for the department's approval or recommendation of any
additional modifications. The public question may not be certified
under IC 3-10-9-3 unless the department of local government finance
has first certified the department's final approval of the ballot language
for the public question to the county recorder.
(d) When the county recorder receives final approval of the ballot
language under this section, the county recorder shall immediately
certify the public question to the county election board under IC 3-10-9-3 and file a notice of the certification with the county auditor.
The county election board shall place the public question on the ballot
in accordance with IC 3-10-9 at the next regularly scheduled general
or municipal election that will occur in all of the precincts of the
reorganizing political subdivisions.

Legislative History

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.17; P.L.216-2015, SEC.42.