Sec. 30. (a) Except as provided in subsections (b) and (c), at the same time that election results are certified under IC 3, the circuit court clerk of each of the counties in which a public question under this chapter is on the ballot shall jointly issue, in the form prescribed by the Indiana election commission, a certificate declaring whether the public question is approved or rejected by a majority of the voters voting on the public question in each of the reorganizing political subdivisions. In addition to any other requirements in IC 3 concerning filing of the certification, the certification shall be sent to each of the following:
(1) The clerk of each of the reorganizing political subdivisions.
(2) The county auditor of each county in which a reorganizing political subdivision is located.
(3) The county recorder of each county in which a reorganizing political subdivision is located.
(4) The state board of accounts.
(5) The department of local government finance.
(6) The department of state revenue.
(7) The budget agency.
(8) If any of the reorganizing political subdivisions is a school corporation, the department of education.
(b) In the case of a public question on a reorganization described in section 1(a)(7) of this chapter that is voted on by voters after December 31, 2013:
(1) the public question on a plan of reorganization shall be placed on the ballot for consideration by the voters of the reorganizing municipality and township;
(2) the vote on the public question by the voters of a reorganizing municipality and township shall be tabulated by determining the sum of the votes of voters who reside in:
(A) each reorganizing municipality;
(B) the reorganizing township and not the reorganizing municipality; and
(C) each reorganizing municipality and the reorganizing township;
(3) the vote on the public question by the voters of:
(A) each reorganizing municipality; and
(B) each reorganizing township (excluding the voters of the reorganizing municipalities);
shall be tabulated separately; and
(4) the circuit court clerk shall issue, in a form prescribed by the Indiana election commission, separate certificates regarding whether the public question is approved or rejected by the voters of:
(A) each reorganizing municipality and township as set forth in subdivision (2)(C);
(B) each reorganizing municipality; and
(C) each reorganizing township, excluding the voters of the reorganizing municipalities;
voting on the public question.
(c) In the case of a public question on a reorganization described in section 1(a)(9) of this chapter:
(1) the public question on a plan of reorganization shall be placed on the ballot for consideration by the voters of the entire county;
(2) the vote on the public question by the voters of the entire county shall be tabulated;
(3) the vote on the public question by the voters of:
(A) each reorganizing municipality; and
(B) the county (excluding the voters of the reorganizing municipalities);
shall be tabulated separately; and
(4) the circuit court clerk shall issue, in a form prescribed by the state election board, separate certificates regarding whether the public question is approved or rejected by the voters of:
(A) the entire county;
(B) each reorganizing municipality; and
(C) the county, excluding the voters of the reorganizing municipalities;
voting on the public question.
As added by P.L.186-2006, SEC.4. Amended by P.L.194-2013, SEC.104; P.L.219-2013, SEC.96.
Structure Indiana Code
Article 1.5. Government Modernization
Chapter 4. Reorganization by Referendum
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
36-1.5-4-14. Revision of Resolutions
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
36-1.5-4-27.5. Certification of Resolution to Rescind Plan of Reorganization
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
36-1.5-4-41. 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