Proposed South Shore expansion issue may not make Porter County ballot

BY KRYSTIN E. KASAK, Times of Northwest Indiana
Krystin.Kasak@nwitimes.com

VALPARAISO | The Porter County commissioners may not be able to add a referendum on the South Shore extension project to the November ballot, according to a local election official.

A referendum is only allowed on local ballots in a limited number of circumstances, and the South Shore question may not fit the parameters, said Porter County Election Board Attorney Clay Patton.

Earlier this week, county commissioners formally requested that the election board place a nonbinding question on the fall ballot asking residents, "Are you in favor of the South Shore extension being brought to Valparaiso, Ind. if in fact is it going to require an additional local tax to either help build the extension or subsidize the service, yes or no?"

Patton said the election board currently is researching whether the move is possible. Officials will discuss the issue when they meet at 2:30 p.m. Tuesday at the County Administration Center, Patton said.

The only law that would allow this type a referendum would be the new tax law, Patton said. Under the law, referendums are required for major public works projects, such as the construction of new schools.

"The new bill largely deals with what they define as controlled projects," Patton said. "What we have to look at is whether this type of project falls within the definitions and restrictions that are included in the provision."

Patton said he cannot think of any other law that would allow a referendum on the proposed commuter rail line extension.

There also is discrepancy over who has greater authority on ballot questions -- commissioners or the election board. If the election board decides it does not have the authority to add the referendum, the commissioners may dispute the decision.

In addition to the legality of the move, state Rep. Greg Simms said officials should consider the wording of the question.

"I agree with the referendum," Simms said. "Let the people decide. But I think it needs to be fair. The way it's worded right now is terrible -- who would say yes to that? It is set to fail."

If a question is added to the ballot, Simms said he thinks it should ask residents whether they would support the project if it did not require an additional tax or cost them money.