Section 3-11-1.5-18 - Election division authorization for adoption of proposed precinct establishment order; notice; objection; commission hearing(a) If the election division determines that the proposed precinct establishment order would comply with this chapter, the election division shall issue an order authorizing the county executive to establish the proposed precincts.(b) The order issued by the election division under subsection (a) must state that the election division finds that the proposed precincts would comply with the standards set forth in this chapter. The election division shall promptly provide a copy of the order to the county executive.(c) The county executive must give notice of the proposed order to the voters of the county by one (1) publication under IC 5-3-1-4. The notice must state the following: (1) The name of each existing precinct whose boundaries would be changed by the adoption of the proposed order by the county.(2) That any registered voter of the county may object to the proposed order by filing a sworn statement with the election division setting forth the voter's specific objections to the proposed order and requesting that a hearing be conducted by the commission under IC 4-21.5.(3) The mailing address of the election division.(4) The deadline for filing the objection with the election division under this section.(d) Except as provided in subsection (g), an objection to a proposed precinct establishment order must be filed not later than noon ten (10) days after the publication of the notice by the county executive.(e) If an objection is not filed with the election division by the date and time specified under subsection (d), the election division shall promptly notify the county executive. The county executive may proceed immediately to adopt the proposed order.(f) If an objection is filed with the election division by the date and time specified under subsection (d), the election division shall promptly notify the county executive. The county executive may not adopt the proposed order until the commission conducts a hearing under IC 4-21.5 and determines whether the proposed precincts would comply with the standards set forth in this chapter.(g) If the co-directors determine that the expiration of the ten (10) day period described in subsection (d) will occur: (1) after the next period specified under section 25 of this chapter begins; or(2) without sufficient time for a county or an objector to receive notice of a hearing before the commission concerning an objection before the next period specified under section 25 of this chapter begins; the co-directors may request a hearing before the commission under section 21 of this chapter, notify the county executive of the request, and publication under subsection (c) is not required.
Amended by P.L. 278-2019,SEC. 52, eff. 7/1/2019.As added by P.L. 13-1988, SEC.1. Amended by P.L. 8-1995, SEC.40; P.L. 3-1997, SEC.244; P.L. 221-2005, SEC.36; P.L. 164-2006, SEC.83.