Sec. 36. (a) This section applies if section 5 of this chapter requires an election for a reorganization to become effective.
(b) At the next:
(1) general election, if:
(A) the reorganized political subdivision is not a municipality or a school corporation; or
(B) the reorganized political subdivision results from a reorganization including a county and at least one (1) municipality;
(2) municipal election, if the reorganized political subdivision is a municipality; or
(3) primary or general election, as specified in an election plan adopted in substantially identical resolutions by the legislative body of each of the participating political subdivisions if the reorganized political subdivision is a school corporation;
after the voters approve a reorganization, one (1) set of officers for the reorganized political subdivision having the combined population of the reorganizing political subdivisions shall be elected by the voters in the territory of the reorganized political subdivision as prescribed by statute.
(c) In the election described in subsection (b):
(1) one (1) member of the legislative body of the reorganized political subdivision shall be elected from each election district established by the reorganizing political subdivisions in substantially identical resolutions adopted by the legislative body of each of the reorganizing political subdivisions; and
(2) the total number of at large members shall be elected as prescribed by statute for the reorganized political subdivision.
(d) If appointed officers are required in the reorganized political subdivision, one (1) set of appointed officers shall be appointed for the reorganized political subdivision. The appointments shall be made as required by statute for the reorganized political subdivision. Any statute requiring an appointed officer to reside in the political subdivision where the appointed officer resides shall be treated as permitting the appointed officer to reside in any part of the territory of the reorganized political subdivision.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010, SEC.112.
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