Sec. 7. The board shall distribute secret written ballots to the members or shareholders present at the meeting. The form of the ballots must be as follows:

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

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Terms Used In Indiana Code 8-1-2.7-7

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

Each member or shareholder is entitled to one (1) vote, either in person at the meeting or by absentee ballot, on the question of withdrawal from commission jurisdiction. Proxy votes may not be permitted. If a majority of voting members or shareholders vote in favor of the utility withdrawing from commission jurisdiction, the withdrawal becomes effective thirty (30) days after the date of the meeting at which the vote is conducted. If less than a majority of the voting members or shareholders vote in favor of withdrawal from commission jurisdiction, the utility is prohibited from seeking withdrawal for two (2) years following the date of the meeting at which the vote is conducted.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.10; P.L.82-1997, SEC.10; P.L.159-1999, SEC.10; P.L.60-2024, SEC.4.