§ 36-1.5-4-30 — Certification by circuit court clerk of results of public question

Indiana § 36-1.5-4-30

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

Text

(a) Except as provided in subsections (b)
and (c), at the same time that election results are certified under IC 3,
the circuit court clerk of each of the counties in which a public question
under this chapter is on the ballot shall jointly issue, in the form
prescribed by the Indiana election commission, a certificate declaring
whether the public question is approved or rejected by a majority of the
voters voting on the public question in each of the reorganizing
political subdivisions. In addition to any other requirements in IC 3
concerning filing of the certification, the certification shall be sent to
each of the following:
(1) The clerk of each of the reorganizing political subdivisions.
(2) The county auditor of each county in which a reorganizing
political subdivision is located.
(3) The county recorder of each county in which a reorganizing
political subdivision is located.
(4) The state board of accounts.
(5) The department of local government finance.
(6) The department of state revenue.
(7) The budget agency.
(8) If any of the reorganizing political subdivisions is a school
corporation, the department of education.
(b) In the case of a public question on a reorganization described in
section 1(a)(7) of this chapter that is voted on by voters after December
31, 2013:
(1) the public question on a plan of reorganization shall be placed
on the ballot for consideration by the voters of the reorganizing
municipality and township;
(2) the vote on the public question by the voters of a reorganizing
municipality and township shall be tabulated by determining the
sum of the votes of voters who reside in:
(A) each reorganizing municipality;
(B) the reorganizing township and not the reorganizing
municipality; and
(C) each reorganizing municipality and the reorganizing
township;
(3) the vote on the public question by the voters of:
(A) each reorganizing municipality; and
(B) each reorganizing township (excluding the voters of the
reorganizing municipalities);
shall be tabulated separately; and
(4) the circuit court clerk shall issue, in a form prescribed by the
Indiana election commission, separate certificates regarding
whether the public question is approved or rejected by the voters
of:
(A) each reorganizing municipality and township as set forth in
subdivision (2)(C);
(B) each reorganizing municipality; and
(C) each reorganizing township, excluding the voters of the
reorganizing municipalities;
voting on the public question.
(c) In the case of a public question on a reorganization described in
section 1(a)(9) of this chapter:
(1) the public question on a plan of reorganization shall be placed
on the ballot for consideration by the voters of the entire county;
(2) the vote on the public question by the voters of the entire
county shall be tabulated;
(3) the vote on the public question by the voters of:
(A) each reorganizing municipality; and
(B) the county (excluding the voters of the reorganizing
municipalities);
shall be tabulated separately; and
(4) the circuit court clerk shall issue, in a form prescribed by the
state election board, separate certificates regarding whether the
public question is approved or rejected by the voters of:
(A) the entire county;
(B) each reorganizing municipality; and
(C) the county, excluding the voters of the reorganizing
municipalities;
voting on the public question.

Legislative History

As added by P.L.186-2006, SEC.4. Amended by P.L.194-2013, SEC.104; P.L.219-2013, SEC.96.