Merger vote decision Wednesday
The question of will the reorganization plan between White River Township and Greenwood be on the November ballot should be decided Wednesday afternoon when the Johnson County Election board meets. The board will decide if the paperwork to put the issue on the November 2010 ballot was filed on time. A revision in state law in 2010 says that referendums may only appear on general election ballots and the paper work must be filed by August 1st. However the “Government Modernization“ statute in section IC 36-1.5-4-27 says the paper work must be filed 60 days before being place on the ballot. The township and Greenwood met that deadline.
Johnson County Clerk Jill Jackson maintains the paperwork should meet the revised election statute date of August 1, and not the 60 day deadline in the “Government Modernization” statute. Even though the election board has not yet decided on which rule to follow, Jackson said last week she was going to begin printing absentee ballots, without the reorganization question, last Friday. Seems she has already made up her mind. But the issue is not so clear.
Election law does not automatically trump the Government Modernization statute. In fact the IC 36-1.5-1-6 clearly states that if the modernization statute is in conflict with any state law, the statue wins:
IC 36-1.5-1-6 Provisions of this article inconsistent with other laws
Sec. 6. Except as otherwise specifically provided by law, to the extent the provisions of this article are inconsistent with the provisions of any other general, special, or local law, the provisions of this article are controlling, and compliance with this article shall be treated as compliance with the conflicting law.
As added by P.L.186-2006, SEC.4.
I am not a lawyer, and I am sure you can find a lawyer to argue both sides of this issue, but it appears to me that the statute is clear when there is a conflict between any law and the law regarding the reorganization process the law in the reorganization process wins. That means the paper work needs to be filed 60 days before the election, not August 1st. I hope the election board will read the law, interpret it correctly and allow the reorganization plan to go before the voters. After nearly two years of this process it is time to let the voters have their say at the ballot box.
It is time for the fat lady to sing.
NOTE: The election board will meet Wednesday, August 8, 4 p.m. in the basement of the Johnson County Courthouse, 5 East Jefferson Street in Franklin.
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