2023 Indiana Code › Title 36. Local Government › Article 1.5. Government Modernization › 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.