Ind. Code ch. 8-25-2

Ind. Code ch. 8-25-2
in effect

Ind. Code § 8-25-2-1 Ordinance to place a local public question on the ballot

Sec. 1. This section does not apply to Hendricks County. Except as provided in IC 8-25-4-6, the fiscal body of an eligible county may adopt an ordinance to place on the ballot a local public question granting the fiscal body of the eligible county the authority to fund and carry out a public transportation project. The fiscal body shall include in the ordinance: (1) a description of the public transportation services that will be provided through the proposed public transportation project; and (2) an estimate of each tax necessary to annually fund the public transportation project. As added by P.L.153-2014, SEC.17. Amended by P.L.247-2017, SEC.28.

Ind. Code § 8-25-2-2 Ordinance certification; ballot language approval

Sec. 2. If the fiscal body of an eligible county adopts an ordinance under section 1 of this chapter, the county auditor shall certify a copy of the ordinance to the department of local government finance, including the language for the question required by section 3 of this chapter, whichever is applicable to the eligible county. The department shall review the language for compliance with section 3 of this chapter, whichever is applicable to the eligible county. The department of local government finance may approve or reject the language. The department shall send its decision to the county auditor and the fiscal body of the eligible county not more than ten (10) days after the ordinance is submitted to the department. If the language is approved, the county auditor shall certify a copy of the ordinance, including the language for the question and the department's approval, to the county election board of the eligible county. As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.85.

Ind. Code § 8-25-2-3 Model local public question

Sec. 3. (a) This section applies to Delaware County, Hamilton County, Hancock County, Johnson County, Madison County, and Marion County. (b) If a fiscal body of an eligible county adopts an ordinance under section 1 of this chapter, the county auditor shall certify the ordinance to the county election board, and the county election board shall place the following question on the election ballot in accordance with IC 3-10-9: "Shall _________ County have the ability to impose a local income tax rate, not to exceed a rate of _________ (insert recommended rate included in the ordinance authorizing the local public question), to pay for improving or establishing public transportation service in the county through a public transportation project that _____________ (insert the description of the public transportation project set forth in the ordinance authorizing the local public question)?". As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.86.

Ind. Code § 8-25-2-6 Local public question held at the next general election

Sec. 6. Except as provided in section 9 of this chapter, if a county auditor certifies an ordinance under section 3 of this chapter, the county election board shall place the local public question on the ballot at the next general election for which the question may be certified under IC 3-10-9-3 and for which all voters of the county are entitled to vote. As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.89.

Ind. Code § 8-25-2-7 Certification of election results on public question

Sec. 7. After an election on the local public question, the circuit court clerk of the county shall: (1) make a certified copy of the election returns; and (2) not later than five (5) days after the election, file the copy with: (A) the department of state revenue; and (B) the fiscal body of the county. As added by P.L.153-2014, SEC.17.

Ind. Code § 8-25-2-8 Approval or defeat of public question

Sec. 8. The local public question is approved by a county if a majority of the county voters voting on the local public question vote "yes". The local public question is defeated by a county if a majority of the county voters voting on the local public question vote "no". As added by P.L.153-2014, SEC.17.

Ind. Code § 8-25-2-9 Effect of a defeated public question

Sec. 9. If the local public question is defeated in a county, the fiscal body may adopt an ordinance under section 1 of this chapter to place another local public question on the ballot as provided in this chapter at a subsequent general election in the county. However, a local public question may not be placed on the ballot under this chapter more than two (2) times in any seven (7) year period. As added by P.L.153-2014, SEC.17.

Ind. Code § 8-25-2-10 No moral obligation of the state created

Sec. 10. Nothing in this article creates a moral obligation of the state: (1) to pay for any transportation project or service or other amounts under this article; or (2) to pay any bonds issued under this article. As added by P.L.153-2014, SEC.17.

Ind. Code § 8-25-2-11 Use of general state tax revenues prohibited; distributions from the public mass transportation fund exempted from the prohibition

Sec. 11. No general tax revenues of the state may be used to pay for a transportation project or service under this article. However, this section does not apply to distributions from the public mass transportation fund (before its repeal). As added by P.L.153-2014, SEC.17. Amended by P.L.201-2023, SEC.117.

Ind. Code § 8-25-2-12 Conduct of political subdivisions, public officials, and public employees during an election on a public question

Sec. 12. (a) Except as otherwise provided in this section, during the period beginning with the date on which an ordinance is adopted under this chapter to place a local public question on the ballot and continuing through the day on which the public question is submitted to the voters under this chapter, a political subdivision may not promote a position on the local public question by doing any of the following: (1) Using facilities or equipment, including mail and messaging systems, owned by the political subdivision to promote a position on the local public question, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the political subdivision. (2) Making an expenditure of money from a fund controlled by the political subdivision to promote a position on the local public question. (3) Using an employee to promote a position on the local public question during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the local public question at any time. However, if a person described in subsection (b) is advocating for or against a position on the local public question or discussing the local public question as authorized under subsection (b), an employee of the political subdivision may assist the person in presenting information on the public question if requested to do so by the person described in subsection (b). However, this section does not prohibit an official or employee of the political subdivision from carrying out duties with respect to a local public question that are part of the normal and regular conduct of the official's or employee's office or agency, including the furnishing of factual information regarding the local public question in response to inquiries from any person. (b) Notwithstanding any other law, an elected or appointed official of a political subdivision may: (1) personally advocate for or against a position on a local public question; or (2) discuss the public question with any individual, group, or organization or personally advocate for or against a position on a local public question before any individual, group, or organization; so long as it is not done by using public funds. Advocacy or discussion allowed under this subsection is not considered a use of public funds. As added by P.L.153-2014, SEC.17.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026

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