§ 8-1-2.7-5 — Notice of special meeting for referendum; form of absentee ballot

Indiana § 8-1-2.7-5

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.7: Local Water Corporations; Indiana Utility Regulatory

Text

(a) The referendum must be conducted at a
special meeting called by the board. Written notice of the meeting must
be sent to every member or shareholder of the withdrawing utility and
to the secretary of the commission not less than forty-five (45) days
before the date of the meeting. The notice must contain the following
information:
(1) The place, date, and hour of the meeting.
(2) The purpose of the meeting, including an explanation of what
the withdrawal from commission jurisdiction entails.
(3) The fact that no proxies will be permitted.
(4) A statement that a member or shareholder may cast a vote by
secret absentee ballot.
(b) The notice provided under subsection (a) must include:
(1) instructions for how a member or shareholder who wishes to
cast a vote by absentee ballot may request an absentee ballot;
(2) a statement that a request for an absentee ballot precludes a
member or shareholder from voting in person at the meeting held
on the question of withdrawal from the commission's jurisdiction;
(3) instructions that a member or shareholder voting by absentee
ballot must:
(A) return the absentee ballot by United States mail; or
(B) deliver the absentee ballot in person to the offices of the
utility; and
(4) the deadline for returning or delivering an absentee ballot,
which must be:
(A) not earlier than ten (10) calendar days; and
(B) not later than five (5) calendar days;
before the meeting on the question of withdrawal, along with
information as to when an absentee ballot will be considered
received by the board.
(c) The form of an absentee ballot authorized by this section must
be as follows:
[] YES, I want to withdraw from the jurisdiction of the
commission.
[] NO, I want to remain under the jurisdiction of the commission.
(d) An absentee ballot authorized by this section must not:
(1) require a member or shareholder to include the member's or
shareholder's name on the absentee ballot or to sign the absentee
ballot; or
(2) be marked with any number or identifier that can be traced to
the member or shareholder;
so as to compromise the confidentiality of the member's or
shareholder's vote.

Legislative History

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.9; P.L.82-1999, SEC.9; P.L.159-1999, SEC.9; P.L.60-2024, SEC.2.