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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 »

Craig Lawrence Holden, 48, New Palestine
  Husband of Dawn (McKamey) Holden formerly of Brown County

Melissa Ann Smith, 38, Nashville
  Mother of Michaela Smith of Nashville

James Lee "Jimmy" Bock, 47
  Brother of Patricia Bock of Nashville

  • September 20
    Quafftoberfest at music park/campground
    9 a.m. to midnight Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 20
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 20
    BucCornEar Fest for Jackson TVFD
    10 a.m. to 8 p.m. Jackson TVFD, 4831 Helmsburg Road, Helmsburg
  • September 20
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • September 20
    Saturday at BCSP Nature Center
    10 a.m., 2 p.m, 8 p.m. Brown County State Park, 1810 State Road 46 East
  • September 20
    Comedy country music revue at the Playhouse
    7:30 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 20
    Dedication/celebration of BETA art sculpture
    11 a.m. BETA teen center, 45 S. Jefferson St., behind Miller's Ice Cream and Hoosier Artist at the alley intersection
  • September 20
    'The November Man' movie at the Playhouse
    1 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 21
    Monarch talk at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 21
    'The November Man' movie at the Playhouse
    1 p.m., 4 p.m., 7 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 22
    Guided fall hike from BCSP fire tower
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 22
    Free small business seminar presented by ISBDC
    5:30 p.m. Brown County Inn, 51 State Road 46 East
  • September 23
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • September 23
    Ornithologist's field bag at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 23
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • September 23
    New 12-step meetings open in Van Buren area
    7 to 8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • September 24
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • September 24
    CSCD Board of Directors
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • September 24
    BC Board of Zoning Appeals
    6 p.m. County Office Building, 201 N. Locust Lane
  • September 24
    BC Parks & Rec. Board
    5:15 p.m. BC Parks & Rec. Office, 1001 Deer Run Lane
  • September 24
    Taste of fall at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 24
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 25
    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 25
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • September 25
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 25
    Brown County/ Purdue Extension Board
    7 p.m. 802 Memorial Drive at the fairgrounds
  • September 25
    Thursday at BCSP
    10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 26
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • September 26
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • September 26
    Comedy country music revue at the Playhouse
    7:30 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 26
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 26
    Friday at BCSP
    2 p.m., 7 p.m. Brown County State Park, 1810 State Road 46 East
  • September 27
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 27
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 27
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • September 27
    Fall family farm day at theraputic horse farm
    10 a.m. to 3 p.m. Hope for Hearts Farm Inc, 1005 W. State Road 45
  • September 27
    Women’s Retreat Day
    8:30 a.m. to 3 p.m. Salvation Army, 168 S. Jefferson St.
  • September 27
    Saturday at BCSP Nature Center
    9 a.m., 10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 27
    Parks and recreation plans ladies tea
    10 a.m. Sweetea's Tea Shop, 225 S. Van Buren St. in Coachlight Square
  • September 27
    Betty Begonia sale slated for September
    9 a.m. to 4 p.m. Artist's Retreat Cottage, 1641 Oak Grove Road
  • September 28
    Pinecone craft at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 28
    Therapy dogs to listen to readers
    2 to 3:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 29
    Monday at BCSP
    10 a.m., 8 p.m. Brown County State Park, 1810 State Road 46 East
  • September 30
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 30
    Nashville Development Review Commission
    6 p.m. Town Hall, 200 Commercial St.
  • September 30
    Fall flowers at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • October 1
    Local Emergency Planning Committee
    9 a.m. Ambulance Base, 53 State Road 46 East
  • October 1
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 1
    Brown County Commissioners
    6 p.m. County Office Building, 201 N. Locust Lane
  • October 1
    BC SWCD
    6:30 p.m. SWCD Office, 802 Memorial Drive at the fairgrounds
  • October 2
    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 2
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 2
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 3
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 4
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • October 4
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 4
    Chili supper, music and mystery auction at Hickory Ridge
    5 p.m. Hickory Ridge Center, 2314 Hickory Ridge Lane
  • October 5
    Herb barn hosts antique market
    10 a.m. to 4 p.m. Flower & Herb Barn, 5171 Bean Blossom Road, Nineveh
  • October 5
    Elkinsville community reunion near Browning Mountain
    11 a.m. Bill Miller's farm, Elkinsville
  • October 7
    Magic club
    5 p.m., 6:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 7
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 8
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 9
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • October 9
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 10
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 11
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 11
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • October 11
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 11
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • October 14
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 15
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main 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
  • 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