Sec. 32. (a) This subsection does not apply to a reorganization described in section 1(a)(7) or 1(a)(9) of this chapter. A reorganization as specified in the plan of reorganization is approved if a majority of the voters in each reorganizing political subdivision voting on the public question approve the public question on the reorganization. If a reorganizing political subdivision includes the territory of another reorganizing political subdivision, the vote of voters of a reorganizing political subdivision who also are voters in a second reorganizing political subdivision that is geographically larger than the first political subdivision and that includes the territory of the first political subdivision shall be included only in the tally of votes for the first reorganizing political subdivision in which the voters reside.
(b) This subsection applies only to a reorganization described in section 1(a)(7) of this chapter. This subsection applies only to a reorganization voted on by voters after December 31, 2013. In the case of a proposed reorganization between a municipality and a township, the reorganization is approved only if:
(1) the percentage of all voters voting on the public question who:
(A) reside in:
(i) the reorganizing municipality;
(ii) the reorganizing township and not the reorganizing municipality; and
(iii) both the reorganizing municipality and the reorganizing township; and
(B) vote in favor of the proposed reorganization;
is greater than fifty percent (50%);
(2) the percentage of voters of the reorganizing municipality voting on the public question in favor of the reorganization equals or exceeds the approval threshold included in the final reorganization plan, which must be greater than fifty percent (50%) but not more than fifty-five percent (55%); and
(3) the percentage of voters who reside within the reorganizing township but do not reside within the reorganizing municipality and who vote on the public question in favor of the reorganization equals or exceeds the approval threshold included in the final reorganization plan, which must be greater than fifty percent (50%) but not more than fifty-five percent (55%).
If the reorganization is not approved, the reorganization is terminated. In tabulating the votes under subdivisions (2) and (3), the vote of voters of a reorganizing municipality who are also voters in the reorganizing township shall be included only in the tally of votes for the municipality in which the voters reside.
(c) The following apply only to a reorganization described in section 1(a)(9) of this chapter:
(1) In the case of a public question voted on by voters before January 1, 2014, the reorganization is approved only if:
(A) the percentage of voters voting on the public question who vote, on a countywide basis, in favor of the proposed reorganization is at least equal to the countywide vote approval percentage specified in the final reorganization plan;
(B) the legislative bodies of the reorganizing political subdivisions have agreed that the vote on the public question shall be conducted with an approval threshold, and the percentage of voters of the county (excluding the voters of the reorganizing municipalities) voting on the public question who vote against the reorganization is less than the approval threshold included in the final reorganization plan; and
(C) the legislative bodies of the reorganizing political subdivisions have agreed that the vote on the public question shall be conducted with an approval threshold, and the percentage of voters of each reorganizing municipality voting on the public question who vote against the reorganization is less than the approval threshold included in the final reorganization plan.
(2) In the case of a public question voted on by voters after December 31, 2013, the reorganization is approved only if all of the following requirements are met:
(A) More than fifty percent (50%) of the voters in the county voting on the public question vote (on a countywide basis) in favor of the proposed reorganization.
(B) The percentage of voters of the reorganizing county (excluding the voters of the reorganizing municipalities) voting on the public question in favor of the reorganization equals or exceeds the approval threshold included in the final reorganization plan. The approval threshold must be greater than fifty percent (50%) but not more than fifty-five percent (55%).
(C) The percentage of voters of each reorganizing municipality voting on the public question in favor of the reorganization equals or exceeds the approval threshold included in the final reorganization plan. The approval threshold must be greater than fifty percent (50%) but not more than fifty-five percent (55%).
If the reorganization is not approved, the reorganization is terminated. In tabulating the votes under subsection (c)(1)(B), (c)(1)(C), (c)(2)(B), and (c)(2)(C), the vote of voters of a reorganizing municipality who also are voters in the county shall be included only in the tally of votes for the municipality in which the voters reside.
As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.19.
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