Sec. 11. (a) A voter is entitled to file a petition under this chapter with the clerk of the circuit court to:

(1) initiate a plan;

(2) protest a plan; or

(3) initiate an alternative plan.

(b) If a voter files a petition under subsection (a), the filing and certification of the petition is governed by the following provisions:

(1) The petition must show:

(A) the date that a person has signed the petition; and,

(B) in order to identify the person as a registered voter of the school corporation, the person's residence on that date.

(2) The petition may be executed in several counterparts, the total of which constitutes a petition. A counterpart must:

(A) contain the names of voters residing within a single county;

(B) be filed with the clerk of the circuit court of that county;

(C) have attached to it the affidavit of the person circulating the counterpart stating that each signature:

(i) appearing on the counterpart was affixed in the person's presence; and

(ii) is the true and lawful signature of the person who made the signature.

(3) A person who signs a petition or a counterpart may file the petition or a counterpart.

(4) All counterparts constituting a petition shall be filed on the same day.

(5) A person who signs a petition filed under subsection (a) may withdraw the person's name from the petition before the petition is filed with the clerk. Names may not be added to a petition after the petition has been filed with the clerk.

(6) After the receipt of a petition, the clerk shall:

(A) strike all signatures appearing on the petition more than once; and

(B) make a certification under the clerk's hand and seal of the office as to the following:

(i) The number of signatures on the petition that are not duplicates representing persons who are registered voters residing within that part of the school corporation located within the county, as disclosed by the voter registration records in the office of the clerk or the board of registration of the county, or wherever the registration records are kept.

(ii) The total number of registered voters residing within the boundaries of that part of the school corporation located within the county, as disclosed in the records described in item (i).

(iii) The date of the filing of the petition with the clerk.

(7) The clerk shall:

(A) certify a petition not more than thirty (30) days after the filing of the petition, excluding time when the registration records are unavailable to the clerk, or within additional time as is reasonably necessary not to exceed an additional thirty (30) days, to permit the clerk to make a certification;

(B) establish a record of the certification at the clerk's office; and

(C) file:

(i) the original petition; and

(ii) a copy of the clerk's certification;

with the governing body.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-6.]

As added by P.L.1-2005, SEC.7.