Indiana § 20-23-6-5 - Petitions protesting consolidations; notice of election

§ 20-23-6-5. Petitions protesting consolidations; notice of election

Sec. 5. (a) If a petition is filed in one (1) or more of the school corporations protesting consolidation as provided in this chapter by the legal voters of any school corporation the governing body of which proposes to consolidate, the governing body in each school corporation in which a protest petition is filed shall certify the public question to each county election board of the county in which the school corporation is located. The county election board shall call an election of the voters of the school corporation to determine if a majority of the legal voters of the corporation is in favor of consolidating the school corporations.

(b) If a protest is filed in more than one (1) school corporation, the elections shall be held on the same day. Each county election board shall give notice by publication once each week for two (2) consecutive weeks:

(1) with each notice by publication in a newspaper of general circulation in the school corporation, or, if a newspaper is not published in the:

(A) township;

(B) town; or

(C) city;

the notice shall be published in the nearest newspaper published in the county or counties; or

(2) with the first publication of notice in the newspaper or newspapers as provided in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official website of the school corporation.

Each notice shall state that on a day and at an hour to be named in the notice, the polls will be open at the usual voting places in the various precincts in the corporation for taking the vote of the legal voters upon whether the school corporation shall be consolidated with the other school corporations joining in the resolution.

(c) The public question shall be placed on the ballot in the form provided by IC 3-10-9-4 and must state: "Shall (insert name of school corporation) be consolidated with (insert names of other school corporations)?".

(d) Notice shall be given not later than thirty (30) days after the petition is filed. The election shall be held not less than ten (10) days or more than twenty (20) days after the last publication of the notice.

(e) The governing body of each school corporation in which an election is held is bound by the majority vote of those voting. However, if the election falls within a period of not more than six (6) months before a primary or general election, the election shall be held concurrently with the primary or general election if the public question is certified to the county election board not later than the deadline set forth in IC 3-10-9-3.

(f) If a majority of those voting in any one (1) school corporation votes against the plan of consolidation, the plan fails. However, the failure does not prevent any or all the school corporations from taking further initial action for the consolidation of school corporations under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-4.]

As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.315; P.L.169-2017, SEC.4; P.L.278-2019, SEC.169; P.L.152-2021, SEC.28; P.L.23-2026, SEC.167.