Bill Dolan, Times of Northwest Indiana
bill.dolan@nwi.com
CROWN POINT | Lake County commissioners announced Monday they will sue to delay a costly referendum on whether to create a regional transit authority.
The three-member board signed a resolution Monday authorizing its attorney to file litigation to delay the special election, now set for Nov. 3, asking voters whether they want create a regional body with the power to impose a proportional income tax of up to 0.25 percent to pay for a regional public bus system. The tax also might fund South Shore operations and rail extensions to Lowell and Valparaiso.
Commissioners said the referendum is too costly and confusing. Lake County alone will have to spend $414,000 to staff about 500 polling places and its counting center. Commissioners want the referendum postponed until next May's regular primary, an election the county is prepared to finance.
Voters in at least two counties -- among Lake, Porter, LaPorte and St. Joseph -- must decide they want the transit district to authorize its creation.
Porter County Commissioner Bob Harper, a critic of the proposed transit district, said Monday he has no interest in delaying the referendum -- not even one day.
"If that referendum was put off, the backers of that transit authority will never give the people another chance to vote for it," Harper said. "They will kill the referendum and go ahead with the district without giving the people the chance to vote on it."
Officials in LaPorte County already have decided to sue to delay the referendum if the state refuses to reschedule it. And Lake County commissioners said some officials in St. Joseph County are requesting similar action.
Democratic House Speaker Pat Bauer said recently the Indiana General Assembly, which passed the law mandating the referendum, could possibly reconvene to reschedule it. But that would require consent from Republican Senate leaders, who insisted the transit decision be put to voters.
Lake County Attorney John Dull said the commissioners made the decision Monday to sign a resolution to file suit. They will ratify that decision with a vote at a special meeting Aug. 19. The Lake County Council will consider similar action at its Aug. 11 meeting.
Dull said that will authorize him to sue the Lake County elections board, which has the legal duty to hold the referendum. He said state officials also will become party to the suit at some point.
Dull said he will argue the public question that would appear on the Nov. 3 referendum is so confusing voters cannot make an intelligent choice since not all the counties have similar bus and train systems and needs.
The Lake commissioners' resolution states the Legislature mandated the referendum without providing the money to conduct the election. It says Lake County is strapped for funds, having cut $15 million from last year's spending level and still must find $1.6 million in reductions for next year.