ST. JOSEPH COUNTY — A state mandated referendum this fall will ask voters in four Indiana counties if they favor forming a "regional transportation authority" with the power to raise income taxes for upgrades across the South Shore Rail Line. But, some say taxes will go up simply by asking the question this year.

That's because the referendum would require a special election. No other issues would be placed on the ballot, because November 2009 falls in an "off" election year.

Indiana lawmakers required the special election to be called inside a provision of the state budget passed in the waning hours of a special session on June 30. It calls for a referendum vote in St. Joseph, LaPorte, Porter and Lake Counties this November.

The referendum asks voters whether they would be willing to create a Regional Transportation District, which would regulate the South Shore railroad and have the power to raise local income taxes by 0.25%.

But, some local leaders argue the special election itself could require a tax hike of its own, simply to count the ballots.

On Monday, LaPorte County Council members passed a resolution notifying their intent to file a lawsuit against the state, asking a judge delay the election until the May primary, when polls will already be open.

Having a special election could cost LaPorte County an extra $250,000, LaPorte County Council President Mark Yagelski (D) told the South Bend Tribune.

But, that price could be much higher in St. Joseph County, some worry, perhaps topping $500,000 or even $600,000.

"We do not have the money for that," said County Clerk Rita Glenn.

"It's purely throwing away money," agreed County Commissioner Andy Kostielney (R). "I see no reason to have this in an off election year. That's all money that we'd have to take from other programs and personnel."

"It's an election no one wants to have, on a topic that no one is really in favor of, with money no one has available," Kostielney continued.

So, why is the state forcing the vote?

Kostielney has one theory: state lawmakers are trying to avoid being blamed for a tax hike.

"I see no reason to have this [vote] during an off election year other than that they're trying to protect themselves in an off election year," he said.

But, Indiana House Speaker B. Pat Bauer chalks it up to something else.

"It's an unintended error by the amendment's author, State Senator Luke Kenley (R-Noblesville). He intended it to be November of 2010, and so, putting it off is the right thing to do," Bauer told WSBT.

"That's nonsense," said Rep. Jackie Walorski (R-Jimtown), who voted in favor of the budget bill. "Speaker Bauer is the one who pushed this through onto the budget in the first place. I tried to get St. Joe County out of this by stalling the budget vote. Now, we have to delay this before it costs us big time."

But, to get any of the counties out now, lawmakers only have one option.

"Sometimes the legislature does go back for a technical corrections day to fix mistakes in large bills, such as the budget," said Rep. Ryan Dvorak (D-South Bend), who voted against the budget bill that contained the mandated special election.

"I would support that in this case, because it doesn't make sense to force a special election on local governments that are already scrambling for money. It was a bad idea to try to force it on the local governments at the time," he said.

But, Dvorak says the corrections day isn't a done deal.

"From what I understand, the Senate has been reluctant so far to do that," he said.

The argument from some there?

Simply holding the one day session would cost all Hoosier taxpayers, instead of those in just four counties.

But, State Senator John Broden (D), who also voted against the budget bill, argues that maybe the whole state should pay.

"The state has mandated this election, and they're requiring the counties to carry out the elections, so I think the state should pay for it. Having said that, will the state pay? My guess is, they probably won't," he said.

LaPorte County isn't waiting to find out the answer.

Their lawsuit will ask a judge to require the state to foot the bill for the special election unless it is delayed until May of 2010.

But, Kostielney wants the delay to be a full year.

"I'd rather push it back until November of next year, and in that way, hold some of these folks accountable for the action they're trying to take," he said.

It's an action he says St. Joseph County should never have been a part of, because taxpayers here get almost nothing out of the deal.

"We're raising taxes to help subsidize transportation west of here," he said. "Most of this bill is for Lake County."

"The only thing that St. Joseph County stands to get out of the arrangement is realignment of the tracks over by the airport. That's not justifiable by an income tax increase," agreed Dvorak.

Nor, Broden said, is a change in leadership.

"I don't see any need to go away from what we're presently doing," he said. "We have representation from County officials under the existing [Northern Indiana Commuter Transportation District] Board. So, I'd like to see the status quo maintained."

"I think all of the legislators here, with a bi-partisan effort, would like to do whatever we can to make sure the counties do not have to hold the election in 2009," Broden continued.

There are two other options that could accomplish that in St. Joseph County.

First, the county could file its own lawsuit asking for a similar delay or forced state payment to LaPorte County's plan.

Secondly, the County's Board of Elections could ignore the state's mandate, and refuse to hold the election.

"We have discussed that. That would be up to the Board of Elections, but, I would say it's pretty unlikely," Kostielney said.

"I would not object to not holding it, but that's not my call," said St. Joseph County Clerk Rita Glenn. "If we do have to open the polls, it will be bare bones. We'd do just one polling place open per district, about 125 total poll workers."

We would use paper ballots with just that one yes or no question," she continued. "They would be hand counted, so we don't have to use the voting machines. There's just no other way. We just don't have the money."

South Bend Tribune Staff Writer Ed Ronco contributed to this report.