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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 »

Jerry Depew Sr., 67, Nashville
  Husband of Phyllis Depew of Nashville

Millard Thompson, 90, Brown County
  Husband of Linda Lou (Scott) Thompson of Nineveh

Janice Mae (Rockwood) Burrier, 68, Brown County
  Member of St. Agnes Catholic Church in Nashville

  • July 31
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • July 31
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone5181 State Road 46 East, Gnaw Bone
  • July 31
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • July 31
    'Transformers: Age of Extinction' movie at the Playhouse
    4 p.m., 7 p.m. Brown County Playhouse, 70 S. Van Buren
  • July 31
    Nashville Town Council
    6 p.m. Town Hall, 200 Commercial St.
  • July 31
    Thursday at BCSP
    10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • August 1
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • August 1
    Live music at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 1
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • August 1
    Friday at BCSP
    10 a.m., 1 p.m. Brown County State Park, 1810 State Road 46 East
  • August 1
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • August 2
    Live jazz at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 2
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • August 2
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • August 2
    Live blues at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • August 5
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • August 5
    Van Buren Advisory Board and Fire Board
    6:30 p.m. Van Buren Fire Station, 6801 S. Hamilton Creek Road
  • August 5
    CRC offers orientation for diploma class
    1 p.m. CRC, 246 E. Main St., Nashville
  • August 5
    Chamber of Commerce
    8 a.m. Willow Manor, 72 Willow St.
  • August 5
    Nashville Redevelopment Commission
    4:30 p.m. Town Hall, 200 Commercial St.
  • August 5
    CSCD Building Commission
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • August 5
    Tuesday at BCSP Nature Center
    10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • August 6
    Brown County Commissioners
    6 p.m. County Office Building, 201 N. Locust Lane
  • August 6
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • August 6
    Local Emergency Planning Committee
    9 a.m. Ambulance Base, 53 State Road 46 East
  • August 6
    BC SWCD
    6:30 p.m. SWCD Office, 802 Memorial Drive at the fairgrounds
  • August 6
    Concerned Citizens of Brown County
    6:30 p.m. Brown County Public Library
  • August 7
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • August 7
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone5181 State Road 46 East, Gnaw Bone
  • August 7
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • August 7
    Rotary Club
    7:15 a.m. Artist Colony Inn, 105 S. Van Buren St.
  • August 7
    Nashville Town Council
    6:30 p.m. Town Hall, 200 Commercial St.
  • August 7
    CSCD Ecology Commission
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • August 7
    Thursday at BCSP Nature Center
    10 a.m., 2 p.m., 8 p.m. Brown County State Park, 1810 State Road 46 East
  • August 8
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • August 8
    Live music at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 8
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • August 8
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • August 9
    'Gangway to Galilee' Bible Camp in Bean Blossom
    8:30 a.m. to 2 p.m. Shepherd of the Hills Lutheran Church, 5802 N. Old Settlers Road at 135 North
  • August 9
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • August 9
    Widowed group activities
    2:30 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • August 9
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • August 9
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • August 9
    Late night dancing at Out of the Ordinary
    9:30 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 9
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • August 9
    Artists reception at art guild
    5 to 8 p.m. B.C. Art Guild, 48 Van Buren St.
  • August 9
    Live band at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • August 11
    Beekeepers club
    7 p.m. Brown County Public Library, 205 N. Locust Lane
  • August 11
    BC Animal Control Board
    7 p.m. Brown County Public Library, 205 N. Locust Lane
  • August 12
    CSCD Roads, Security commissions
    6 p.m., 7:30 p.m. CSCD Office, 8377 Cordry Drive/ CSLOA Clubhouse, 8751 Nineveh Road
  • August 12
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • August 12
    Widowed group euchre parties
    1 to 4 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • August 12
    Nashville Parking & Public Facilities
    6 p.m. Town Hall, 200 Commercial St.
  • August 12
    B.C. 4-H Fair Board
    7 p.m. 802 Memorial Drive at the fairgrounds
  • August 13
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • August 13
    Concerned Citizens of Brown County
    6:30 p.m. Brown County Public Library
  • August 14
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • August 14
    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • August 15
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • August 15
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • August 15
    Live band at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • August 16
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • August 16
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • August 16
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • August 17
    Church hosts 50-year anniversary for Catholic sister
    noon to 3 p.m. St. Agnes Catholic Church, 1008 McLary Road
  • August 18
    Public library executive session
    5:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • August 19
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • August 21
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • August 21
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • August 22
    Live music at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 22
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • August 22
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • August 22
    Dave Miller at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • August 23
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • August 23
    Late night dancing at Out of the Ordinary
    9:30 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 23
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • August 23
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • August 26
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • August 26
    Widowed group euchre party
    1 to 4 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • August 29
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • August 30
    Wagler Dairy hosts fifth annual ice cream social
    4:30 to 8 p.m. Wagler Dairy, 7085 Homestead Road
  • August 30
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • September 13
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • September 13
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road