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The remonstrance process: How it works
Updated on: 05.15.13

By collecting at least 100 signatures against a proposed loan to renovate the courthouse, Brown County voters and taxpayers have triggered phase two of the remonstrance process.

The process, by state law, allows registered voters and property owners to protest the county entering into a loan if it is more than $2 million. The loan for the courthouse project is estimated at $6.5 million, but the bond resolution states that the amount is "not to exceed" $8.25 million. The county must advertise high because of how the state law works, explained county Commissioner Joe Wray.

A start date for phase two has not been set, and paperwork to gather signatures for and against the loan is not yet available for pickup at the county clerk's office.

Below is a primer on how a remonstrance works, from the Brown County League of Women Voters.

Read more about the process in the May 15 Brown County Democrat.

Remonstrance explained

The remonstrance process gives the voters and homeowners a voice in how their tax dollars are spent. It is not the same as a referendum.

A remonstrance is conducted through a petition drive.

A referendum (also known as a local public question) allows a voter to voice their opinion through their vote.

The remonstrance process is a race for signatures rather than a race for votes.

The petition and remonstrance process consists of two phases. Phase one is reserved for voters/homeowners opposed to the project. That opposition can be for any reason.

Phase one:

If you oppose the project, go to the county clerk’s office and request a petition. Brown County registered voters and/or property owners can carry one petition and gather signatures of other registered voters and/or property owners who oppose the project. Each petition has room for 25 signatures. You may ask for additional petitions to give to someone else to carry.

The carrier and signers must be owners of real property or registered voters. Each signer must indicate whether they are signing as a registered voter or as the owner of real property.

A person who signs a petition as a registered voter must indicate the address at which the person is registered to vote. A person who signs a petition as a real property owner must indicate the address of the real property owned by the person.

After the signatures have been collected, the carrier must swear or affirm before a notary public that the carrier witnessed each signature, and meet the filing deadline.

Petitions must be filed with the county clerk’s office within 30 days after the publication of the public notice in The Democrat: by 4 p.m. Friday, May 10.

The county voter registration office must determine whether each person who signed the petition is a registered voter. That office must forward a copy to the county auditor within 15 business days after receiving a petition.

Within 10 business days after receiving the copy of the petition, the county auditor must provide the county voter registration office a statement of verification.

The county registration office must make a final determination of the number of valid signatures within 10 business days after receiving the statement from the county auditor.

A person is entitled to sign a petition only one time in a particular remonstrance process, regardless of whether the person owns more than one parcel or real property and regardless of whether the person is both a registered voter and the owner of real property.

If 100 valid signatures are collected by the deadline, phase two begins.

Phase two:

In phase two, the county commissioners publish a public notice stating the applicability of the petition and remonstrance process within 30 days of the clerk’s certification of the number of valid signatures.

That legal notice must include a statement that any registered voter or property owner who wants a petition in favor of or remonstrate against the proposed debt service (bonds) must file petitions and remonstrances between 30 and 60 days after publication of the legal notice.

In that time period, petitions in favor of the bonds and remonstrances against the bonds may be filled out by property owners or registered voters. These will be available at the clerk’s office.

Each signature must be dated, and the date of the signature may not be before the date on which the petition and remonstrance forms may be issued.

Petitions and remonstrances must be verified and filed with the county voter registration office by the 60th day.

Verification of valid signatures is then processed by the voter registration office and the county auditor using the same method as in phase one.

Within 35 business days of the filing of the petition/ remonstrance containing 10,000 signatures or less, the county voter registration office must file a certificate with the commissioners.

If a greater number of people who are registered voters or property owners sign a remonstrance (against) than the number that signed a petition (in favor of), the bonds petitioned for may not be issued, or the lease petitioned for may not be entered into.

The commissioners may not issue bonds or enter into a lease for a project that is not substantially different within one year of the county voter registration office’s certificate.

If the greater number of qualified persons sign a petition than a remonstrance, the project may proceed.

Obituaries
See Full List »

Shirley K. Salmons, 92, Nashville
  

Lynda Lolette Sereno, 67, Nashville
  Wife of Gerhard Weber of Nashville

Dwayne E. Martin, 55, Nineveh
  Husband of Cathy J. (Wilson) Martin of Nineveh

  • April 1
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • April 1
    Brown County Schools Board of Trustees retreat
    10:30 a.m. to 4 p.m. Parkview Church of the Nazarene, 1750 State Road 46 East
  • April 1
    BC Emergency Management Advisory Council
    8 a.m. Ambulance Base, 53 State Road 46 East
  • April 1
    Brown County SWCD
    6:30 p.m. SWCD Office, 802 Memorial Drive at the fairgrounds
  • April 1
    BC Commissioners
    6 p.m. County Office Building, 201 N. Locust Lane
  • April 2
    Rotary Club
    7:15 a.m. Artist Colony Inn, 105 S. Van Buren St.
  • April 2
    Go Club meeting Thursday
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • April 2
    'The Second Best Exotic Marigold Hotel' at the Playhouse
    7 p.m. BC Playhouse, 70 S. Van Buren St.
  • April 2
    Brown County Schools Board of Trustees
    6:30 p.m. BC Intermediate School, 260 School House Lane
  • April 2
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • April 2
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • April 2
    BC Property Tax Assessment Board Of Appeals
    9 a.m. County Office Building, 201 N. Locust Lane
  • April 2
    CSCD Ecology Commission
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • April 3
    Nashville/Brown County Government Offices CLOSED
  • April 3
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • April 3
    'The Second Best Exotic Marigold Hotel' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • April 3
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • April 3
    Live music at sports bar
    8 p.m. Salt Creek Golf Retreat, 2359 State Road 46 East
  • April 4
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • April 4
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Brown County State Park, State Road 46 East
  • April 4
    Carnival and egg hunt at Hamblen Township Fire Department
    9:30 to 11:30 a.m. Hamblen Township Volunteer Fire Department, 5612 Gatesville Road
  • April 4
    Egg hunt at grocery store
    11 a.m. Brown County IGA, 30 Hawthorne Dr.
  • April 4
    Egg hunt at Deer Run Park
    1 p.m. Deer Run Park
  • April 4
    Egg hunt at assisted living facility
    2 p.m. BC Health & Living Community, 55 E. Willow St.
  • April 4
    Karaoke at sports bar
    8 p.m. Salt Creek Golf Retreat, 2359 State Road 46 East
  • April 4
    Saturday at Brown County State Park
    10 a.m., 2 p.m. Brown County State Park, State Road 46 East
  • April 4
    'Mary Poppins' sing-along at the Playhouse
    7 p.m. BC Playhouse, 70 S. Van Buren St.
  • April 4
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • April 5
    'The Second Best Exotic Marigold Hotel' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • April 5
    Church events slated for Easter Sunday
    .m. Brown County Community Church, 2370 Main St., Helmsburg
  • April 5
    Sunrise service at BCSP
    7 a.m. Brown County State Park, State Road 46 East
  • April 6
    Gnaw Bone Sewage District
    5:30 p.m. Library, 205 N. Locust Lane
  • April 6
    Metaphysical exploration group to host open meeting
    6 to 8 p.m. Library, 205 N. Locust Lane
  • April 7
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • April 7
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • April 7
    Bean Blossom Sewer Board
    7:30 p.m. County Office Building, 201 N. Locust Lane
  • April 7
    CSCD Building Commission
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • April 7
    Nashville Redevelopment Commission
    4:30 p.m. Town Hall, 200 Commercial St.
  • April 8
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • April 8
    CRC Steering Committee
    6:30 p.m. CRC, 246 E. Main St.
  • April 9
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • April 9
    Local Coordinating Council
    8 a.m. Comm. Corrections Office, Suite B, lower level of Veterans Hall, 902 Deer Run Lane,
  • April 9
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • April 9
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • April 9
    BC Convention & Visitors Commission
    8:30 a.m. County Office Building, 201 N. Locust Lane
  • April 10
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North.
  • April 10
    Live music at sports bar
    8 p.m. Salt Creek Golf Retreat, 2359 State Road 46 East
  • April 10
    Live band at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • April 10
    'Lady Be Good', live jazz at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • April 11
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • April 11
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • April 11
    Live bluegrass at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • April 11
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Brown County State Park, State Road 46 East
  • April 11
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • April 11
    Open house conducted at New Song
    9 to 11 a.m. New Song Mission, 7202 Keith Donaldson Road, Freetown
  • April 12
    Mother’s Cupboard Soup Bowl benefit planned
    5 to 7 p.m. The Seasons Lodge, 560 State Road 46 East
  • April 12
    Dave Miller at Abe Martin Lodge
    Noon to 2 p.m. Brown County State Park, State Road 46 East
  • April 14
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • April 14
    Peaceful Valley Heritage meeting
    6:30 p.m. Library, 205 N. Locust Lane
  • April 14
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • April 14
    Ribbon cutting, open house set at inn
    5:30 p.m. Olde Magnolia House Inn, 213 S. Jefferson
  • April 16
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • April 16
    Local history and heritage presented at the library
    6:30 p.m. Library, 205 N. Locust Lane
  • April 17
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • April 17
    Chamber hosts local job fair
    2 to 5 p.m. Creekside Retreat Conference Center, 2450 State Road 46 East
  • April 18
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • April 18
    Rock & mineral club
    6 p.m. Extension Office, 802 Memorial Drive at the fairgrounds
  • April 24
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • April 24
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 25
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • April 25
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 26
    County history center dedication slated
    2 p.m. Brown County History Center, 90 E. Gould
  • April 26
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • May 16
    Historic site hosts outdoor art contest
    7 a.m. to 4 p.m. TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont