A referendum is an election that allows the voters to say "yes" or "no" to a public question on the ballot.
No. In Indiana, a referendum can only be put on the ballot if authorized by a state law. As a result, a county election board cannot print any referendum on the ballot unless the state legislature has already passed a law to permit the referendum to be on the ballot. (IC 3-10-9-5 and IC 36-1-3-8(a)(12))
Each referendum law is slightly different and should be studied carefully, but there are some general rules that apply in most cases. Many referenda must be certified to a county election board if the referendum is not certified by noon 60 days before a primary election or by August 1 before a general or municipal election, it is too late for the referendum to appear on the ballot at the election. (IC 3-10-9-3) The exact language to be printed on the ballot is usually set forth in the state law allowing the referendum.
Not always. The state law allowing each referendum provides whether the vote is binding. Some referenda are "advisory" and only measure what the voters think about a question. Officials are not required to comply with the results of an advisory referendum. Other referenda are "mandatory" and require officials to comply with the results of the referendum. Each state law must be studied to determine if the referendum is advisory or mandatory.
Some state laws permit a "one-time only" referendum vote at a specific election or in a specific locality. Click here to view the list of referenda authorized by state law to be placed on the ballot at any election.
A recall means a special election is held to decide if an elected official should be removed from office before the date that the official's term is scheduled to end.
No. The Indiana Constitution permits state and local officials to be removed only "in the manner provided by law." (Article 6, Section 8) There is currently no Indiana law to permit recall elections, although some other states do allow recall elections.
Impeachment is the removal of a person from office by the state legislature or by a circuit court for committing a crime. (IC 5-8-1)
Yes. If an elected official is not eligible to hold the office since the official does not comply with a specific requirement under state law. These requirements include not being convicted of a felony (IC 5-8-3); not being habitually intoxicated (IC 5-8-2); and continuing to reside in the election district the person represents (IC 36-2-3-5, for example).
If an elected official does not meet these requirements, then an interested person can file a lawsuit in court to have the official removed. The court must then decide whether the complaints made by the interested person are true, and whether or not the official should be removed from office.
A city council can also remove a council member from office in certain cases.
A town council can remove a council member after conducting a hearing to determine if the council member no longer resides in the member's district. (IC 5-8-5)
Residents of a township may file a petition with the circuit court of the county alleging that the township trustee is incapable of performing his duties due to mental or physical incapacity. (IC 36-6-4-16)
An initiative is a law enacted directly by the voters, without being passed by the state legislature or approved by the governor.
No. The Indiana Constitution requires that all laws be passed by the state legislature. Article 4, Section 1 of the State Constitution reads in part: "No law shall be enacted, except by bill." The State Constitution would have to be amended before the voters could pass any initiative.