Sec. 5. (a) The referendum must be conducted at a special meeting called by the board. Written notice of the meeting must be sent to every member or shareholder of the withdrawing utility and to the secretary of the commission not less than forty-five (45) days before the date of the meeting. The notice must contain the following information:

(1) The place, date, and hour of the meeting.

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Terms Used In Indiana Code 8-1-2.7-5

  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) The purpose of the meeting, including an explanation of what the withdrawal from commission jurisdiction entails.

(3) The fact that no proxies will be permitted.

(4) A statement that a member or shareholder may cast a vote by secret absentee ballot.

     (b) The notice provided under subsection (a) must include:

(1) instructions for how a member or shareholder who wishes to cast a vote by absentee ballot may request an absentee ballot;

(2) a statement that a request for an absentee ballot precludes a member or shareholder from voting in person at the meeting held on the question of withdrawal from the commission’s jurisdiction;

(3) instructions that a member or shareholder voting by absentee ballot must:

(A) return the absentee ballot by United States mail; or

(B) deliver the absentee ballot in person to the offices of the utility; and

(4) the deadline for returning or delivering an absentee ballot, which must be:

(A) not earlier than ten (10) calendar days; and

(B) not later than five (5) calendar days;

before the meeting on the question of withdrawal, along with information as to when an absentee ballot will be considered received by the board.

     (c) The form of an absentee ballot authorized by this section must be as follows:

[] YES, I want to withdraw from the jurisdiction of the commission.

[] NO, I want to remain under the jurisdiction of the commission.

     (d) An absentee ballot authorized by this section must not:

(1) require a member or shareholder to include the member’s or shareholder’s name on the absentee ballot or to sign the absentee ballot; or

(2) be marked with any number or identifier that can be traced to the member or shareholder;

so as to compromise the confidentiality of the member’s or shareholder’s vote.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.9; P.L.82-1999, SEC.9; P.L.159-1999, SEC.9; P.L.60-2024, SEC.2.

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