Sec. 20.5. (a) This section applies when:
(1) a county executive is advised that a proposed precinct establishment order does not comply with this chapter; and
(2) the county executive determines that the noncompliance cannot be corrected by the establishment of a precinct that complies with both:
(A) the maximum voter requirement of section 3 of this chapter; and
(B) the precinct boundary requirements of section 5 of this chapter.
(b) The county executive may request the commission to grant an exemption from the precinct boundary requirements of section 5 of this chapter to establish a precinct boundary described by this section.
(c) The commission shall conduct a hearing on the exemption request. If the commission determines that the noncompliance cannot be corrected by the establishment of a precinct that complies with both:
(1) the maximum voter requirement of section 3 of this chapter; and
(2) the precinct boundary requirements of section 5 of this chapter;
the commission shall grant the exemption. However, the commission may not grant an exemption that violates section 4(1), 4(5), 4(6), or 4(7) of this chapter.
(d) If the commission grants the exemption, the county executive shall amend the proposed precinct establishment order described by section 19 of this chapter to establish precinct boundaries:
(1) in accordance with the exemption granted by the commission; and
(2) that comply with all other requirements established by this chapter.
(e) The proposed precinct establishment order described in subsection (d) must include a description in metes and bounds of the boundaries authorized by the exemption granted under this section.
As added by P.L.5-1989, SEC.47. Amended by P.L.8-1995, SEC.43; P.L.3-1997, SEC.247; P.L.212-2001, SEC.15.
Structure Indiana Code
Article 11. Voting Methods, Supplies, and Equipment
3-11-1.5-1. "Establishing a Precinct" Defined
3-11-1.5-2. Establishment by County Executive
3-11-1.5-3. Number of Voters per Precinct
3-11-1.5-3.2. Petition for Waiver of Limitation on Number of Voters; Expiration
3-11-1.5-3.5. Precincts Within Campuses of Universities
3-11-1.5-4. Boundaries; Arrangement to Prevent Crossing Other Boundaries
3-11-1.5-5. Boundaries; Arrangement to Follow Other Boundaries
3-11-1.5-6. Territory Not Included in Established Precincts; Inclusion in Contiguous Precinct
3-11-1.5-7. Territory Included in More Than One Established Precinct
3-11-1.5-9. Visible Feature Boundaries
3-11-1.5-10. Boundaries Crossing Entity Boundaries; Population
3-11-1.5-10.5. Incorrect Census Boundaries; Precinct Boundaries Following Corrected Boundaries
3-11-1.5-10.7. Precinct Boundary Description Prevails Over Conflicting Map
3-11-1.5-10.9. Interpretation of References to Census Blocks
3-11-1.5-11. Primary, General, and Municipal Elections; Consistent Boundaries
3-11-1.5-14. Proposed Precinct Establishment Orders; Effect of Timely and Late Submissions
3-11-1.5-15. Proposed Precinct Establishment Orders; Contents
3-11-1.5-15.5. Proposed Precinct Establishment Orders; Split Census Blocks
3-11-1.5-17. Review and Examination of Proposed Order
3-11-1.5-19. Proposed Precinct Establishment Order; Noncompliance
3-11-1.5-20. Amendments to Proposed Order
3-11-1.5-20.5. Exemption From Precinct Boundary Requirements
3-11-1.5-21. Resubmission of Orders; Request for Hearing
3-11-1.5-22. Issuance of Order by County Executive
3-11-1.5-24. Effective Date of Orders; Notice
3-11-1.5-25. Effective Date of Orders; Restricted Periods
3-11-1.5-26. Notice of Approval
3-11-1.5-31. Orders; Approval by Commission; Effective Date
3-11-1.5-33. Municipalities; Extended Boundaries
3-11-1.5-34. Renaming or Renumbering Precincts
3-11-1.5-35. Application of Section; Precinct Establishment Order Issued by Commission
3-11-1.5-36. Delegation of Responsibilities of County Executive