Sec. 8. The following apply if the voters of an eligible municipality file a sufficient petition under section 7 of this chapter:

(1) The clerk of the eligible municipality shall certify the petition to the county election board.

Terms Used In Indiana Code 36-1-1.5-8

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • eligible municipality: means a municipality that:

    Indiana Code 36-1-1.5-2

  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) A special election on the public question shall be held in the eligible municipality in the manner prescribed by IC 3-10-8-6. The special election shall be held on a date that:

(A) is determined by the legislative body of the eligible municipality; and

(B) is not more than one (1) year after the date on which the clerk of the eligible municipality certifies the petition to the county election board.

(3) The clerk of the eligible municipality shall give notice of the special election by publication in the manner prescribed by IC 5-3-1.

(4) The eligible municipality shall pay the costs of holding the special election.

(5) The county election board shall place the following question on the ballot in the eligible municipality:

“Shall the territory of _____________ (insert the name of the eligible municipality) be transferred from _____________ (insert the name of the transferor township) to an adjacent township?”.

(6) After the special election on the public question is held, the county election board:

(A) shall file with the clerk of the eligible municipality the results of the special election for each precinct of the eligible municipality in the manner prescribed by IC 3-12-4; and

(B) shall certify a copy of the results of the special election to:

(i) the county auditor;

(ii) the legislative body and executive of the eligible municipality; and

(iii) the legislative body and executive of each township that includes territory of the eligible municipality.

As added by P.L.234-2013, SEC.10.