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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 »

Barbara Frances Martin, 87, Seymour
  Brown County native

James Roger Hoskins, 80, Sebring, Florida
  Former resident of Nashville

George Wallace Gould III, 86, Nashville
  Husband of Sharon Jungclaus-Gould

  • October 23
    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 23
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone5181 State Road 46 East, Gnaw Bone
  • October 23
    Rotary Club
    7:15 a.m. Artists Colony Inn, 105 S. Van Buren St.
  • October 23
    Nashville Town Council
    6 p.m. Town Hall, 200 Commercial St.
  • October 23
    Brown County Schools Board of Trustees
    5:30 p.m., 6:30 p.m. Brown County Intermediate School, 260 Schoolhouse Lane
  • October 23
    Salt Creek Trail Committee — CANCELED
  • October 24
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 24
    YMCA pumpkin-carving contest
    before 6 p.m. YMCA, 105 Willow St.
  • October 24
    Deadline for Mini 4-H fall party
    Extension Office, 802 Memorial Drive at the fairgrounds
  • October 24
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • October 24
    An Evening With the Artists planned at local gallery
    6 to 8:30 p.m. Brown County Art Gallery, 1 Artist Drive
  • October 24
    Murder mystery offered at T.C. Steele
    7:30 p.m. T.C. Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • October 24
    Nashville Feasibility Study Committee
    2 p.m. Town Hall, 200 Commercial St.
  • October 25
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • October 25
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 25
    Shriners to host trap, still board shoots
    9 a.m. to 4 p.m. 6088 State Road 46 East
  • October 25
    Old-fashioned Halloween Fest
    6:30 to 8 p.m. St. David's Episcopal Church, state roads 135 North and 45, Bean Blossom
  • October 25
    Free medical, dental and eye care offered
    8 a.m. to 1 p.m. YMCA, 105 Willow St.
  • October 25
    BCSP Halloween activities
    5 to 6 p.m., 8 to 10 p.m. Brown County State Park, 1810 State Road 46 East
  • October 25
    Live dinner show at dance barn
    6:30 p.m., 8 p.m. Mike's Dance Barn, 2277 State Road 46 West
  • October 26
    Storytellers to compete in Tall Tale Tell Off
    1 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 28
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 28
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • October 28
    Open 12-step meetings in New Bellsville area
    7 to 8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • October 28
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • October 29
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 29
    BC Board of Zoning Appeals
    6 p.m. County Office Building, 201 N. Locust Lane
  • October 30
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • October 30
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 30
    B.C. Election Board
    1:30 p.m. County Office Building, 201 N. Locust Lane
  • October 30
    9th District candidate to meet public
    7 to 8:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 30
    Rotary Club
    7:15 a.m., 3 p.m. Artists Colony Inn, 105 S. Van Buren St.
  • October 31
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 31
    Trick-or-Treat hours set for Nashville
    6 to 9 p.m. Nashville
  • October 31
    Deadline to RSVP for Brown County/Purdue Extension dinner meeting
  • November 1
    Annual chicken noodle dinner, craft bazaar at Christiansburg church
    4 to 7 p.m. Christiansburg United Methodist Church, 7372 S. Christianburg Road
  • November 1
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • November 1
    Annual craft, bake sale at Helmsburg church
    9 a.m. to 4 p.m. Brown County Community Church, 2370 Main St.
  • November 1
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • November 1
    Annual bazaar, quilt raffle, bake sale, bean dinner
    10 a.m. to 3 p.m. Goshen Community Church, 2798 Gatesville Road, Bean Blossom
  • November 4
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • November 4
    Government offices CLOSED
  • November 5
    Woodworkers club
    7 p.m. Charlie Roush's Shop, 6987 Christianberg Road
  • November 5
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • November 6
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • November 6
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • November 6
    Salt Creek Trail Committee
    10 a.m. BC Parks & Rec. Office, 1001 Deer Run Lane
  • November 6
    Rotary Club
    7:15 a.m. Artists Colony Inn, 105 S. Van Buren St.
  • November 7
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • November 8
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • November 8
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • November 8
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • November 8
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • November 11
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • November 12
    Mandatory scholarship meeting at the high school
    6:30 p.m. Brown County High School, 235 School House Lane
  • November 12
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • November 13
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • November 14
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • November 15
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • November 15
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • November 18
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • November 19
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • November 20
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • December 13
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road