Indiana § 36-4-1.5-2 Change of status; procedure

Indiana Statutes

§ 36-4-1.5-2 — Change of status; procedure

Indiana § 36-4-1.5-2

Title 36LOCAL GOVERNMENT

Art. 4GOVERNMENT OF CITIES AND TOWNS

Ch. 1.5Changing a Town Into a City

This text of Indiana § 36-4-1.5-2 (Change of status; procedure) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-4-1.5-2 (2026).

Text

A town may be changed into a city through the following:

(1)The town legislative body must adopt a resolution submitting to the town's voters the question of whether the town should be changed into a city. The town legislative body shall adopt a resolution described in this subdivision if at least the number of registered voters of the town equal to ten percent (10%) of the total votes cast in the town at the last election for secretary of state sign a petition requesting the town legislative body to adopt such a resolution. In determining the number of signatures required under this subdivision, any fraction that exceeds a whole number shall be disregarded.

(2)The town legislative body must adopt the resolution under subdivision (1) not later than thirty (30) days after the date on whic

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A town may be changed into a city through the
following:
(1) The town legislative body must adopt a resolution submitting
to the town's voters the question of whether the town should be
changed into a city. The town legislative body shall adopt a
resolution described in this subdivision if at least the number of
registered voters of the town equal to ten percent (10%) of the
total votes cast in the town at the last election for secretary of
state sign a petition requesting the town legislative body to adopt
such a resolution. In determining the number of signatures
required under this subdivision, any fraction that exceeds a whole
number shall be disregarded.
(2) The town legislative body must adopt the resolution under
subdivision (1) not later than thirty (30) days after the date on
which a petition having a sufficient number of signatures is filed.
A resolution adopted under subdivision (1) must fix the date for
an election on the question of whether the town should be
changed into a city as follows:
(A) If the election is to be on the same date as a general election
or municipal election:
(i) the resolution must state that fact and be certified in
accordance with IC 3-10-9-3; and
(ii) the election must be held on the date of the next general
election or municipal election, whichever is earlier, at which
the question can be placed on the ballot under IC 3-10-9.
(B) If the election is to be a special election, the date must be:
(i) not less than seventy-four (74) and not more than one
hundred four (104) days after the notice of the election; and
(ii) not later than the next general election or municipal
election, whichever is earlier, at which the question can be
placed on the ballot under IC 3-10-9.
(3) The town legislative body shall file a copy of the resolution
adopted under subdivision (1) with the circuit court clerk of each
county in which the town is located. The circuit court clerk shall
immediately certify the resolution to the county election board.
(4) The county election board shall give notice of the election in
the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies to the
election.
(5) The question described in subdivision (1) shall be placed on
the ballot in the form prescribed by IC 3-10-9-4. The text of the
question shall be: "Shall the town of _________ change into a
city?".
(6) If a majority of the voters voting on the question described in
subdivision (1) vote "yes", the town is changed into a city as
provided in this chapter. If a majority of the voters voting on the
question vote "no", the town remains a town.