§ 6-1.1-20-10 — Restrictions on promoting a position on a petition and remonstrance

(a) This section applies to:
(1) a political subdivision that adopts an ordinance or a resolution
making a preliminary determination to issue bonds or enter into
a lease; and
(2) any other political subdivision that has assessed value within
the same taxing district as the political subdivision described in
subdivision (1).
(b) Except as otherwise provided in this section, during the period
commencing with the adoption of the ordinance or resolution and, if a
petition and remonstrance process is commenced under section 3.2 of
this chapter, continuing through the sixty (60) day period commencing
with the notice under section 3.2(b)(1) of this chapter, the political
subdivision seeking to issue bonds or enter into a lease for the proposed
controlled project, or any other political subdivision that has assessed
value within the same taxing district, may not promote a position on the
petition or remonstrance by doing any of the following:
(1) Using facilities or equipment, including mail and messaging
systems, owned by the political subdivision to promote a position
on the petition or remonstrance, unless equal access to the
facilities or equipment is given to persons with a position opposite
to that of the political subdivision.
(2) Making an expenditure of money from a fund controlled by
the political subdivision to promote a position on the petition or
remonstrance or to pay for the gathering of signatures on a
petition or remonstrance. This subdivision does not prohibit a
political subdivision from making an expenditure of money to an
attorney, an architect, a registered professional engineer, a
construction manager, or a financial adviser for professional
services provided with respect to a controlled project.
(3) Using an employee to promote a position on the petition or
remonstrance during the employee's normal working hours or paid
overtime, or otherwise compelling an employee to promote a
position on the petition or remonstrance at any time. However, if
a person described in subsection (g) is advocating for or against
a position on the petition or remonstrance or discussing the
petition or remonstrance as authorized under subsection (g), an
employee of the political subdivision may assist the person in
presenting information on the petition or remonstrance, if
requested to do so by the person described in subsection (g).
(4) In the case of a school corporation, promoting a position on a
petition or remonstrance by:
(A) using students to transport written materials to their
residences or in any way involving students in a school
organized promotion of a position;
(B) including a statement within another communication sent
to the students' residences; or
(C) initiating discussion of the petition and remonstrance
process at a meeting between a teacher and parents of a student
regarding the student's performance or behavior at school.
However, if the parents initiate a discussion of the petition and
remonstrance process at the meeting, the teacher may
acknowledge the issue and direct the parents to a source of
factual information on the petition and remonstrance process.
However, this section does not prohibit an official or employee of the
political subdivision from carrying out duties with respect to a petition
or remonstrance that are part of the normal and regular conduct of the
official's or employee's office or agency, including the furnishing of
factual information regarding the petition and remonstrance in response
to inquiries from any person.
(c) A person may not solicit or collect signatures for a petition or
remonstrance on property owned or controlled by the political
subdivision.
(d) The staff and employees of a school corporation may not
personally identify a student as the child of a parent or guardian who
supports or opposes a petition or remonstrance.
(e) This subsection does not apply to:
(1) a personal expenditure to promote a position on a petition and
remonstrance by an employee of a school corporation whose
employment is governed by a collective bargaining contract or an
employment contract; or
(2) an expenditure to promote a position on a petition and
remonstrance by a person or an organization that has a contract or
an arrangement with the school corporation solely for the use of
the school corporation's facilities.
A person or an organization that has a contract or an arrangement
(whether formal or informal) with a school corporation to provide
goods or services to the school corporation may not spend any money
to promote a position on the petition or remonstrance. A person or an
organization that violates this subsection commits a Class A infraction.
(f) An attorney, an architect, a registered professional engineer, a
construction manager, or a financial adviser for professional services
provided with respect to a controlled project may not spend any money
to promote a position on the petition or remonstrance. A person who
violates this subsection:
(1) commits a Class A infraction; and
(2) is barred from performing any services with respect to the
controlled project.
(g) Notwithstanding any other law, an elected or appointed public
official of the political subdivision (including any school board
member and school corporation superintendent), a school corporation
assistant superintendent, or a chief school business official of a school
corporation may at any time:
(1) personally advocate for or against a position on the petition or
remonstrance; or
(2) discuss the petition or remonstrance with any individual,
group, or organization or personally advocate for or against a
position on the petition or remonstrance before any individual,
group, or organization;
so long as it is not done by using public funds. Advocacy or discussion
allowed under this subsection is not considered a use of public funds.
However, this subsection does not authorize or apply to advocacy or
discussion by a school board member, superintendent, assistant
superintendent, or school business official to or with students that
occurs during the regular school day.
(h) Nothing in this section shall be construed to prevent a political
subdivision that has assessed value within the same taxing district as
the political subdivision described in subsection (a) from adopting a
resolution or taking a position on the local public question.

Legislative History

As added by P.L.1-2004, SEC.32 and P.L.23-2004, SEC.35. Amended by P.L.162-2006, SEC.5; P.L.146-2008, SEC.199; P.L.182-2009(ss), SEC.148; P.L.198-2011, SEC.3; P.L.60-2020, SEC.2; P.L.1-2025, SEC.81.