Indiana Code
Chapter 4. Reorganization by Referendum
36-1.5-4-28. Form of Public Question; Approval by Department of Local Government Finance; Certification of Public Question; Placing Public Question on Ballot

Sec. 28. (a) A public question under this chapter shall be placed on the ballot in all of the precincts that are located in the reorganizing political subdivisions in substantially the following form:
(Insert a brief description of the structure of the proposed reorganized political subdivision that will succeed the reorganizing political subdivisions.)
"Shall _________ (insert name of political subdivision) and _________ (insert name of political subdivision) reorganize as a single political subdivision?".
(b) The public question must appear on the ballot in the form approved by the county election board. A brief description of the reorganized political subdivision that will succeed the reorganizing political subdivisions, and the public question described in subsection (a), shall be placed on the ballot in the form prescribed by IC 3-10-9-4. The county election board shall submit the language to the department of local government finance for review.
(c) The department of local government finance shall review the language of the public question to evaluate whether the description of the reorganized political subdivision that will succeed the reorganizing political subdivisions is accurate and is not biased against either a vote in favor of the reorganization or a vote against the reorganization. The department of local government finance may:
(1) approve the ballot language as submitted; or
(2) modify the ballot language as necessary to ensure that the description of the reorganized political subdivision that will succeed the reorganizing political subdivisions is accurate and is not biased.
The department of local government finance shall certify its approval or recommendations to the county election board not more than ten (10) days after the language of the public question is submitted to the department for review. If the department of local government finance recommends a modification to the ballot language, the county election board shall, after reviewing the recommendations of the department of local government finance, submit modified ballot language to the department for the department's approval or recommendation of any additional modifications. The public question may not be certified under IC 3-10-9-3 unless the department of local government finance has first certified the department's final approval of the ballot language for the public question to the county recorder.
(d) When the county recorder receives final approval of the ballot language under this section, the county recorder shall immediately certify the public question to the county election board under IC 3-10-9-3 and file a notice of the certification with the county auditor. The county election board shall place the public question on the ballot in accordance with IC 3-10-9 at the next regularly scheduled general or municipal election that will occur in all of the precincts of the reorganizing political subdivisions.
As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.17; P.L.216-2015, SEC.42.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 1.5. Government Modernization

Chapter 4. Reorganization by Referendum

36-1.5-4-1. Types of Reorganizations Authorized; Political Subdivisions Not Participating in Reorganization

36-1.5-4-2. Adjacent Political Subdivisions

36-1.5-4-3. Types of Reorganization

36-1.5-4-4. Powers of Political Subdivisions in an Approved Reorganization

36-1.5-4-5. Effective Date of Reorganization

36-1.5-4-6. Results of Reorganization

36-1.5-4-7. Budgets, Tax Rates, and Tax Levies; Deadline for Certification; Election Districts

36-1.5-4-8. Authority of Department of Local Government Finance to Prescribe Forms

36-1.5-4-9. Initiation of Reorganization

36-1.5-4-10. Initiation of Reorganization by Legislative Body

36-1.5-4-11. Initiation of Reorganization by Voters

36-1.5-4-12. Action by Legislative Body on Proposed Reorganization; Hearing

36-1.5-4-13. Action by Legislative Body Receiving Resolution on Proposed Reorganization From Another Political Subdivision; Hearing

36-1.5-4-14. Revision of Resolutions

36-1.5-4-15. Repealed

36-1.5-4-16. Repealed

36-1.5-4-17. Repealed

36-1.5-4-18. Preparation of Reorganization Plan; Required Elements

36-1.5-4-19. Consideration of Reorganization Plan by Legislative Bodies

36-1.5-4-20. Actions by Legislative Bodies on Reorganization Plan

36-1.5-4-21. Modifications to Reorganization Plan

36-1.5-4-22. Action by Legislative Bodies on Revised Reorganization Plan

36-1.5-4-23. Certification by Legislative Bodies of Final Action

36-1.5-4-23.5. Failure to Adopt Reorganization Plan; Petition Requesting a Public Question

36-1.5-4-24. Filing of Reorganization Plan

36-1.5-4-25. Recording of Certifications and Reorganization Plan by County Recorder

36-1.5-4-26. Notification of County Election Board Upon Receipt of Certifications From All Reorganizing Political Subdivisions

36-1.5-4-27. County Election Board Preparing Ballot Language; Submission of Language to Department of Local Government Finance

36-1.5-4-27.5. Certification of Resolution to Rescind Plan of Reorganization

36-1.5-4-28. Form of Public Question; Approval by Department of Local Government Finance; Certification of Public Question; Placing Public Question on Ballot

36-1.5-4-29. Application of Ic 3

36-1.5-4-30. Certification by Circuit Court Clerk of Results of Public Question

36-1.5-4-31. Recording of Certification From Circuit Court Clerk

36-1.5-4-32. Approval of Public Question

36-1.5-4-33. Termination of Reorganization if Public Question Not Approved

36-1.5-4-34. Reorganization According to Reorganization Plan if Public Question Approved

36-1.5-4-34.5. Establishment of Equipment Replacement Funds

36-1.5-4-35. Appointment of Town Precinct Boards

36-1.5-4-36. Initial Election of Officials of Reorganized Political Subdivision

36-1.5-4-37. Change of Boundaries

36-1.5-4-38. Powers of Reorganized Political Subdivision

36-1.5-4-39. Exercise of Powers of Reorganizing Political Subdivisions

36-1.5-4-39.5. Reorganization Plan

36-1.5-4-40. Debt; Pension Obligations

36-1.5-4-40.5. Reorganization of a Township and Another Political Subdivision; Powers and Duties; Remonstrance; Borrowing; Tax Levies

36-1.5-4-41. Pension Fund Membership

36-1.5-4-42. Transfer of Functions of Elected Office

36-1.5-4-43. Termination of Reorganization; Restoration of Reorganizing Political Subdivisions

36-1.5-4-44. Reorganized Political Subdivision

36-1.5-4-45. Actions Prohibited While Reorganization Pending

36-1.5-4-46. Promoting Position on Public Question Prohibited