1. (a) This section applies when:

   1. (1) a county executive is advised that a proposed precinct establishment order does not comply with this chapter; and

   2. (2) the county executive determines that the noncompliance cannot be corrected by the establishment of a precinct that complies with both:

      1. (A) the maximum voter requirement of section 3 of this chapter; and
      2. (B) the precinct boundary requirements of section 5 of this chapter.
2. (b) The county executive may request the commission to grant an exemption from the precinct boundary requirements of section 5 of this chapter to establish a precinct boundary described by this section.

3. (c) The commission shall conduct a hearing on the exemption request. If the commission determines that the noncompliance cannot be corrected by the establishment of a precinct that complies with both:

   1. (1) the maximum voter requirement of section 3 of this chapter; and

   2. (2) the precinct boundary requirements of section 5 of this chapter;

      the commission shall grant the exemption. However, the commission may not grant an exemption that violates section 4(1), 4(5), 4(6), or 4(7) of this chapter.

4. (d) If the commission grants the exemption, the county executive shall amend the proposed precinct establishment order described by section 19 of this chapter to establish precinct boundaries:

   1. (1) in accordance with the exemption granted by the commission; and
   2. (2) that comply with all other requirements established by this chapter.
5. (e) The proposed precinct establishment order described in subsection (d) must include a description in metes and bounds of the boundaries authorized by the exemption granted under this section.

As added by P.L.5-1989, SEC.47. Amended by P.L.8-1995, SEC.43; P.L.3-1997, SEC.247; P.L.212-2001, SEC.15.