§ 36-2-1-2 — Changing boundaries; transfer of territory; petition; signatures; election; order

(a) If the resident voters in a specified territory
in two (2) or more contiguous counties desire to change the boundaries
of their respective counties, they may file a petition with the executives
of their respective counties requesting that the territory be transferred.
The petition must:
(1) be signed by at least the number of voters resident in the
territory requested to be transferred required to place a candidate
on the ballot under IC 3-8-6-3;
(2) contain a clear, distinct description of the requested boundary
change; and
(3) not propose to decrease the area of any county below four
hundred (400) square miles in compliance with Article 15,
Section 7 of the Constitution of the State of Indiana.
(b) Whenever a petition under subsection (a) is filed with a county
executive, the executive shall determine, at its first meeting after the
petition is filed:
(1) whether the signatures on the petition are genuine; and
(2) whether the petition complies with subsection (a).
(c) If the determinations under subsection (b) are affirmative, the
executive shall certify the question to the county election board of each
affected county. The county election boards shall jointly order a special
election to be held, scheduling the election so that the election is held
on the same date in each county interested in the change, but not later
than thirty (30) days and not on the same date as a general election. The
election shall be conducted under IC 3-10-8-6. All voters of each
interested county are entitled to vote on the question. The question
shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and
must state "Shall the boundaries of __________ County and
____________ County change?".
(d) After an election under subsection (c), the clerk of each county
shall make a certified copy of the election returns and not later than
five (5) days after the election file the copy with the auditor of the
county. The auditor shall, not later than five (5) days after the filing of
the returns in the auditor's office, make a true and complete copy of the
returns, certified under the auditor's hand and seal, and deposit the copy
with the auditor of every other county interested in the change.
(e) After copies have been filed under subsection (d), the auditor of
each county shall call a meeting of the executive of the county, which
shall examine the returns. If a majority of the voters of each interested
county voted in favor of change, the executive shall:
(1) enter an order declaring their boundaries to be changed as
described in the petition; and
(2) if the county has received territory from the transfer, adopt
revised descriptions of:
(A) county commissioner districts under IC 36-2-2-4; and
(B) county council districts under IC 36-2-3-4;
so that the transferred territory is assigned to at least one (1) county
commissioner district and at least one (1) county council district.
(f) The executive of each county shall file a copy of the order
described in subsection (e)(1) with:
(1) the office of the secretary of state; and
(2) the circuit court clerk of the county.
The transfer of territory becomes effective when the last county order
is filed under this subsection.
(g) An election under this section may be held only once every three
(3) years.
[Pre-Local Government Recodification Citations: 17-1-12-1;
17-1-12-2.]
As added by Acts 1980, P.L.212, SEC.1. Amended by
P.L.5-1986, SEC.32; P.L.3-1987, SEC.541; P.L.5-1989, SEC.85;
P.L.12-1995, SEC.126; P.L.3-1997, SEC.450; P.L.2-1998, SEC.82;
P.L.123-2000, SEC.1; P.L.113-2010, SEC.113; P.L.104-2022,
SEC.145.