*HB1285.1*
January 25, 2022
HOUSE BILL No. 1285
_____
DIGEST OF HB 1285 (Updated January 25, 2022 8:50 am - DI 140)
Citations Affected: IC 3-5; IC 20-23; IC 36-2; IC 36-3; IC 36-4;
IC 36-5; IC 36-6.
Synopsis: Redistricting local election districts. Provides that
redistricting election districts for local and school board offices must
occur at certain times. Removes the discretionary ability of political
subdivisions to redistrict election districts at times other than those
required by statute. Consolidates certain local redistricting statutes in
the same location. Changes population parameters to reflect the
population count determined under the 2020 decennial census. Repeals
obsolete statutes and makes other conforming changes.
Effective: July 1, 2022.
Teshka
January 10, 2022, read first time and referred to Committee on Elections and
Apportionment.
January 25, 2022, reported — Do Pass.
HB 1285—LS 6948/DI 75 January 25, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1285
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-10 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]:
4 Chapter 10. Drawing Election Districts for Local and School
5 Board Offices
6 Sec. 1. (a) This chapter applies when a redistricting authority
7 redraws election districts required by law.
8 (b) In addition to the provisions of this chapter, the following
9 apply to redistricting:
10 (1) The provisions of the applicable statute.
11 (2) IC 3-11-1.5-32.
12 Sec. 2. The definitions in IC 1-1-3.5 apply throughout this
13 chapter.
14 Sec. 3. As used in this chapter, "applicable statute" refers to the
15 statute under which a redistricting authority is required to
16 establish election districts.
17 Sec. 4. As used in this chapter, "census event" refers to any of
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1 the following:
2 (1) A federal decennial census.
3 (2) A federal special census.
4 (3) A special tabulation.
5 (4) A corrected population count.
6 Sec. 5. (a) As used in this chapter, "plan" refers to the
7 description of the districts that a redistricting authority is required
8 to establish.
9 (b) The term includes the maps and written descriptions of the
10 maps that define all the districts that a plan is required to have
11 under the applicable law.
12 Sec. 6. As used in this chapter, "redistricting authority" refers
13 to the body or other authority that is required to redraw election
14 districts for local or school board offices.
15 Sec. 7. (a) Subject to section 8 of this chapter, a redistricting
16 authority shall redistrict election districts not later than the
17 following:
18 (1) January 1 of the year a census event becomes effective
19 with respect to the political subdivision, as provided in
20 IC 1-1-3.5-3.
21 (2) Whenever a county adopts an order declaring a county
22 boundary to be changed under IC 36-2-1-2 that affects the
23 boundaries of the political subdivision.
24 (3) Whenever required to assign annexed territory to a
25 district, subject to the provisions of IC 36-4-3.
26 (4) Whenever the boundary of the political subdivision is
27 changed.
28 (5) As provided in the order of a court that has found the
29 current redistricting plan unconstitutional or otherwise
30 unlawful.
31 (b) A redistricting authority may not redistrict at a time other
32 than is provided in subsection (a).
33 Sec. 8. A redistricting authority is not required to redistrict if
34 the applicable statute provides that the redistricting authority may
35 certify that the existing districts continue to satisfy all the
36 requirements of the applicable statute and other applicable law.
37 Sec. 9. If a conflict exists between:
38 (1) a map showing the boundaries of a district; and
39 (2) a description of the boundaries of that district set forth in
40 the plan;
41 the district boundaries are the description of the boundaries set
42 forth in the plan, not the boundaries shown on the map, but only to
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1 the extent there is a conflict between the description and the map.
2 Sec. 10. If any territory in the political subdivision is not
3 included in one (1) of the districts, the territory is included in the
4 district that:
5 (1) is contiguous to that territory; and
6 (2) contains the least population of all districts contiguous to
7 that territory.
8 Sec. 11. If any territory in the political subdivision is included
9 in more than one (1) of the districts, the territory is included in the
10 district that:
11 (1) is one (1) of the districts in which the territory is described
12 in the ordinance or resolution that establishes the plan;
13 (2) is contiguous to that territory; and
14 (3) contains the least population of all districts contiguous to
15 that territory.
16 SECTION 2. IC 20-23-4-35, AS AMENDED BY P.L.271-2013,
17 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 35. (a) The governing body of a school
19 corporation may be organized under this section.
20 (b) The governing body consists of seven (7) members, elected as
21 follows:
22 (1) Four (4) members elected from districts, with one (1) member
23 serving from each election district. A member elected under this
24 subdivision must be:
25 (A) a resident of the election district from which the member
26 is elected; and
27 (B) voted upon by only the registered voters residing within
28 the election district and voting at a governing body election.
29 (2) Three (3) members, who are voted upon by all the registered
30 voters residing within the school corporation and voting at a
31 governing body election, elected under this subdivision. The
32 governing body shall establish three (3) residential districts as
33 follows:
34 (A) One (1) residential district must be the township that has
35 the greatest population within the school corporation.
36 (B) Two (2) residential districts must divide the remaining
37 area within the school corporation.
38 Only one (1) member who resides within a particular residential
39 district established under this subdivision may serve on the
40 governing body at a time.
41 (c) A member of the governing body who is:
42 (1) elected from an election or a residential district; or
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1 (2) appointed to fill a vacancy from an election or a residential
2 district;
3 must reside within the boundaries of the district the member represents.
4 (d) A vacancy on the governing body shall be filled by the
5 governing body as soon as practicable after the vacancy occurs. A
6 member chosen by the governing body to fill a vacancy holds office for
7 the remainder of the unexpired term.
8 (e) The members of the governing body serving at the time a plan
9 is amended under this section shall establish the election and
10 residential districts described in subsection (b).
11 (f) The election districts described in subsection (b)(1):
12 (1) shall be drawn on the basis of precinct lines;
13 (2) may not cross precinct lines; and
14 (3) as nearly as practicable, be of equal population, with the
15 population of the largest exceeding the population of the smallest
16 by not more than fifteen percent (15%).
17 (g) The residential districts described in subsection (b)(2) may:
18 (1) be drawn in any manner considered appropriate by the
19 governing body; and
20 (2) be drawn along township lines.
21 (h) The governing body shall certify the districts that are established
22 under subsections (f) and (g), amended under subsection (e), or
23 recertified under section 35.5 of this chapter to:
24 (1) the state board; and
25 (2) the circuit court clerk of each county in which the school
26 corporation is located as provided in section 35.5 of this chapter.
27 (i) The governing body shall designate:
28 (1) three (3) of the districts established under this section to be
29 elected at the first school board election that occurs after the
30 effective date of the plan; and
31 (2) the remaining four (4) districts to be elected at the second
32 school board election that occurs after the effective date of the
33 plan.
34 (j) The limitations set forth in this section are part of the plan, but
35 do not have to be specifically set forth in the plan. The plan must be
36 construed, if possible, to comply with this chapter. If a provision of the
37 plan or an application of the plan violates this chapter, the invalidity
38 does not affect the other provisions or applications of the plan that can
39 be given effect without the invalid provision or application. The
40 provisions of the plan are severable.
41 (k) If a conflict exists between:
42 (1) a map showing the boundaries of a district; and
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1 (2) a description of the boundaries of that district set forth in the
2 plan or plan amendment;
3 the district boundaries are the description of the boundaries set forth in
4 the plan or plan amendment, not the boundaries shown on the map, to
5 the extent there is a conflict between the description and the map.
6 IC 3-5-10 applies to a plan established under this section.
7 SECTION 3. IC 20-23-7-4.5, AS ADDED BY P.L.271-2013,
8 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 4.5. (a) Not later than December 31, 2013, the
10 board of commissioners shall do the following:
11 (1) Send a copy of the school corporation's plan to the circuit
12 court clerk of each county in which the school corporation is
13 located.
14 (2) If any members of the governing body are elected from
15 election districts voted upon by only the registered voters residing
16 within the election district, certify that the election districts
17 comply with section 4 of this chapter.
18 (b) This subsection applies during the first year after a year in which
19 a federal decennial census is conducted. The board of commissioners
20 shall amend the plan under section 4 of this chapter if an amendment
21 is necessary to reestablish the districts in compliance with section 4 of
22 this chapter. If the board of commissioners determines that a plan
23 amendment under section 4 of this chapter is not required, the board of
24 commissioners shall recertify that the districts as established comply
25 with section 4 of this chapter.
26 (c) Each time the school corporation's plan is amended, the board of
27 commissioners shall file the following with the circuit court clerk of
28 each county in which the school corporation is located:
29 (1) A copy of the amendment.
30 (2) Either of the following:
31 (A) A certification that the plan amendment does not require
32 reestablishment of the school corporation's election districts to
33 comply with section 4 of this chapter.
34 (B) If the plan amendment requires reestablishment of the
35 school corporation's election districts to comply with section
36 4 of this chapter, a map of the new district boundaries.
37 (d) A plan amendment or recertification under this section must be
38 filed not later than thirty (30) days after the amendment or
39 recertification occurs.
40 (e) If a conflict exists between:
41 (1) a map showing the boundaries of a district; and
42 (2) a description of the boundaries of that district set forth in the
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1 plan or plan amendment;
2 the district boundaries are the description of the boundaries set forth in
3 the plan or plan amendment, not the boundaries shown on the map, to
4 the extent there is a conflict between the description and the map.
5 IC 3-5-10 applies to a plan established under this section.
6 SECTION 4. IC 20-23-8-8.5, AS AMENDED BY P.L.278-2019,
7 SECTION 170, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 8.5. (a) The governing body shall
9 do the following:
10 (1) Send a copy of the school corporation's plan to the circuit
11 court clerk of each county in which the school corporation is
12 located.
13 (2) If any members of the governing body are elected from
14 election districts voted upon by only the registered voters residing
15 within the election district, certify that the election districts
16 comply with section 8 of this chapter.
17 (b) This subsection applies during the first year after a year in which
18 a federal decennial census is conducted. The governing body shall
19 amend the plan under section 8 of this chapter if an amendment is
20 necessary to reestablish the districts in compliance with section 8 of
21 this chapter. If the governing body determines that a plan amendment
22 under section 8 of this chapter is not required, the governing body shall
23 recertify that the districts as established comply with section 8 of this
24 chapter.
25 (c) Each time the school corporation's plan is amended, the
26 governing body shall file the following with the circuit court clerk of
27 each county in which the school corporation is located:
28 (1) A copy of the amendment.
29 (2) Either of the following:
30 (A) A certification that the plan amendment does not require
31 reestablishment of the school corporation's election districts to
32 comply with section 8 of this chapter.
33 (B) If the plan amendment requires reestablishment of the
34 school corporation's election districts to comply with section
35 8 of this chapter, a map of the new district boundaries.
36 (d) A plan amendment or recertification under this section must be
37 filed not later than thirty (30) days after the amendment or
38 recertification occurs.
39 (e) If a conflict exists between:
40 (1) a map showing the boundaries of a district; and
41 (2) a description of the boundaries of that district set forth in the
42 plan or plan amendment;
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1 the district boundaries are the description of the boundaries set forth in
2 the plan or plan amendment, not the boundaries shown on the map, to
3 the extent there is a conflict between the description and the map.
4 IC 3-5-10 applies to a plan established under this section.
5 SECTION 5. IC 20-23-14-4.5, AS ADDED BY P.L.271-2013,
6 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 4.5. (a) Until the first reapportionment
8 redistricting required under this section, the school districts for the
9 election of the members of the governing body under section 3(b) of
10 this chapter are the districts set forth in section 4 of this chapter (before
11 its repeal).
12 (b) The governing body shall, by resolution, reapportion establish
13 the school districts and change their boundaries, if necessary, not later
14 than December 31 of the year immediately following the year in which
15 a decennial census is taken. at times permitted in IC 3-5-10.
16 (c) The school districts established must:
17 (1) be as near as practicable equal in population;
18 (2) have boundaries set forth in the text of the resolution; and
19 (3) comply with:
20 (A) the Constitution of the United States; and
21 (B) the Constitution of the State of Indiana;
22 including the equal protection clauses of both constitutions.
23 (d) The limitations set forth in this section are part of the resolution,
24 but do not have to be specifically set forth in the resolution. The
25 resolution must be construed, if possible, to comply with this chapter.
26 If a provision of the resolution or an application of the resolution
27 violates this chapter, the invalidity does not affect the other provisions
28 or applications of the resolution that can be given effect without the
29 invalid provision or application. The provisions of the resolution are
30 severable.
31 (e) This subsection applies during the first year after a year in which
32 a federal decennial census is conducted. The governing body shall
33 amend the resolution if an amendment is necessary to reapportion the
34 school districts and change their the school district boundaries to
35 comply with subsection (c). If the governing body determines that
36 reapportionment and changes to the boundaries of the school districts
37 are not required, the governing body shall recertify that the school
38 districts as established comply with subsection (c).
39 (f) Each time the governing body amends the resolution or makes a
40 recertification, the governing body shall file a copy of the following
41 with the board of elections and registration established by IC 3-6-5.2-3
42 not later than thirty (30) days after the amendment or recertification
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1 occurs:
2 (1) A copy of the amendment or recertification.
3 (2) One (1) of the following:
4 (A) A certification that changes to the school district
5 boundaries as established are not required to comply with
6 subsection (c).
7 (B) If reapportionment of the school districts and changes to
8 their boundaries are required to comply with subsection (c), a
9 map showing the boundaries of the new school districts.
10 (g) If a conflict exists between:
11 (1) a map showing the boundaries of a school district; and
12 (2) a description of the boundaries of that school district set forth
13 in the resolution or resolution amendment;
14 the school district boundaries are the description of the boundaries set
15 forth in the resolution or resolution amendment, not the boundaries
16 shown on the map, to the extent there is a conflict between the
17 description and the map. IC 3-5-10 applies to a plan established
18 under this section.
19 SECTION 6. IC 20-23-15-7.5, AS ADDED BY P.L.271-2013,
20 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 7.5. (a) Not later than December 31, 2013, the
22 governing body shall do the following:
23 (1) Send a copy of the school corporation's plan to the circuit
24 court clerk of each county in which the school corporation is
25 located.
26 (2) If any members of the governing body are elected from
27 election districts voted upon by only the registered voters residing
28 within the election district, certify that the election districts
29 comply with section 7 of this chapter.
30 (b) This subsection applies during the first year after a year in which
31 a federal decennial census is conducted. The governing body shall
32 amend the plan if an amendment is necessary to reestablish the districts
33 in compliance with section 7 of this chapter. If the governing body
34 determines that a plan amendment is not required, the governing body
35 shall recertify that the districts as established comply with section 7 of
36 this chapter.
37 (c) Each time the school corporation's plan is amended, the
38 governing body shall file the following with the circuit court clerk of
39 each county in which the school corporation is located:
40 (1) A copy of the amendment.
41 (2) Either of the following:
42 (A) A certification that the plan amendment does not require
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1 reestablishment of the school corporation's election districts to
2 comply with section 7 of this chapter.
3 (B) If the plan amendment requires reestablishment of the
4 school corporation's election districts to comply with section
5 7 of this chapter, a map of the new district boundaries.
6 (d) A plan amendment or recertification under this section must be
7 filed not later than thirty (30) days after the amendment or
8 recertification occurs.
9 (e) The limitations set forth in this section are part of the plan, but
10 do not have to be specifically set forth in the plan. The plan must be
11 construed, if possible, to comply with this chapter. If a provision of the
12 plan or an application of the plan violates this chapter, the invalidity
13 does not affect the other provisions or applications of the plan that can
14 be given effect without the invalid provision or application. The
15 provisions of the plan are severable.
16 (f) If a conflict exists between:
17 (1) a map showing the boundaries of a district; and
18 (2) a description of the boundaries of that district set forth in the
19 plan or plan amendment;
20 the district boundaries are the description of the boundaries set forth in
21 the plan or plan amendment, not the boundaries shown on the map, to
22 the extent there is a conflict between the description and the map.
23 IC 3-5-10 applies to a plan established under this section.
24 SECTION 7. IC 36-2-2-4, AS AMENDED BY P.L.271-2013,
25 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 4. (a) This subsection does not apply to a county
27 having a population of: the following counties:
28 (1) A county having a population of more than four hundred
29 thousand (400,000) but and less than seven hundred thousand
30 (700,000). or
31 (2) A county having a population of more than two hundred fifty
32 thousand (250,000) but less than two hundred seventy thousand
33 (270,000). two hundred fifty thousand (250,000) and less than
34 three hundred thousand (300,000).
35 The executive shall divide the county into three (3) districts that are
36 composed of contiguous territory and are reasonably compact. The
37 district boundaries drawn by the executive must not cross precinct
38 boundary lines and must divide townships only when a division is
39 clearly necessary to accomplish redistricting under this section. If
40 necessary, the county auditor shall call a special meeting of the
41 executive to establish or revise districts.
42 (b) This subsection applies to a county having a population of more
HB 1285—LS 6948/DI 75 10
1 than four hundred thousand (400,000) but and less than seven hundred
2 thousand (700,000). A county redistricting commission shall divide the
3 county into three (3) single-member districts that comply with
4 subsection (d). The commission is composed of:
5 (1) the members of the Indiana election commission;
6 (2) two (2) members of the senate selected by the president pro
7 tempore, one (1) from each political party; and
8 (3) two (2) members of the house of representatives selected by
9 the speaker, one (1) from each political party.
10 The legislative members of the commission have no vote and may act
11 only in an advisory capacity. A majority vote of the voting members is
12 required for the commission to take action. The commission may meet
13 as frequently as necessary to perform its duty under this subsection.
14 The commission's members serve without additional compensation
15 above that provided for them as members of the Indiana election
16 commission, the senate, or the house of representatives.
17 (c) This subsection applies to a county having a population of more
18 than two hundred fifty thousand (250,000) but less than two hundred
19 seventy thousand (270,000). two hundred fifty thousand (250,000)
20 and less than three hundred thousand (300,00). The executive shall
21 divide the county into three (3) single-member districts that comply
22 with subsection (d).
23 (d) Single-member districts established under subsection (b) or (c)
24 must:
25 (1) be compact, subject only to natural boundary lines (such as
26 railroads, major highways, rivers, creeks, parks, and major
27 industrial complexes);
28 (2) contain, as nearly as is possible, equal population; and
29 (3) not cross precinct lines.
30 (e) Except as provided by subsection (g), (f), a division under
31 subsection (a), (b), or (c) shall be made
32 (1) during the first year after a year in which a federal decennial
33 census is conducted; and
34 (2) when the county adopts an order declaring a county boundary
35 to be changed under IC 36-2-1-2.
36 (f) A division under subsection (a), (b), or (c) may be made in any
37 odd-numbered year not described in subsection (e). only at times
38 permitted under IC 3-5-10.
39 (g) This subsection applies during the first year after a year in which
40 a federal decennial census is conducted. (f) If the county executive or
41 county redistricting commission determines that a division under
42 subsection (e) is not required, the county executive or county
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1 redistricting commission shall adopt an ordinance recertifying that the
2 districts as drawn comply with this section.
3 (h) (g) Each time there is a division under subsection (e) or (f) or a
4 recertification under subsection (g), (f), the county executive or county
5 redistricting commission shall file with the circuit court clerk of the
6 county, not later than thirty (30) days after the division or
7 recertification occurs, a map of the district boundaries:
8 (1) adopted under subsection (e); or (f); or
9 (2) recertified under subsection (g). (f).
10 (i) (h) The limitations set forth in this section are part of the
11 ordinance, but do not have to be specifically set forth in the ordinance.
12 The ordinance must be construed, if possible, to comply with this
13 chapter. If a provision of the ordinance or an application of the
14 ordinance violates this chapter, the invalidity does not affect the other
15 provisions or applications of the ordinance that can be given effect
16 without the invalid provision or application. The provisions of the
17 ordinance are severable.
18 (j) If a conflict exists between:
19 (1) a map showing the boundaries of a district; and
20 (2) a description of the boundaries of that district set forth in the
21 ordinance;
22 the district boundaries are the description of the boundaries set forth in
23 the ordinance, not the boundaries shown on the map, to the extent there
24 is a conflict between the description and the map.
25 (i) IC 3-5-10 applies a plan established under this section.
26 SECTION 8. IC 36-2-2-4.5 IS REPEALED [EFFECTIVE JULY 1,
27 2022]. Sec. 4.5. (a) If any territory in a county is not included in one (1)
28 of the districts established under section 4 of this chapter, the territory
29 is included in the district that:
30 (1) is contiguous to that territory; and
31 (2) contains the least population of all districts contiguous to that
32 territory.
33 (b) If any territory in any county is included in more than one (1) of
34 the districts established under section 4 of this chapter, the territory is
35 included in the district that:
36 (1) is one (1) of the districts in which the territory is described in
37 the ordinance adopted under section 4 of this chapter;
38 (2) is contiguous to that territory; and
39 (3) contains the least population of all districts contiguous to that
40 territory.
41 SECTION 9. IC 36-2-3-4, AS AMENDED BY P.L.278-2019,
42 SECTION 186, IS AMENDED TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This subsection does not
2 apply to a county having a population of: the following counties:
3 (1) A county having a population of more than four hundred
4 thousand (400,000) but and less than seven hundred thousand
5 (700,000). or
6 (2) A county having a population of more than two hundred fifty
7 thousand (250,000) but less than two hundred seventy thousand
8 (270,000). two hundred fifty thousand (250,000) and less than
9 three hundred thousand (300,000).
10 The county executive shall, by ordinance, divide the county into four
11 (4) contiguous, single-member districts that comply with subsection
12 (d). If necessary, the county auditor shall call a special meeting of the
13 executive to establish or revise districts. One (1) member of the fiscal
14 body shall be elected by the voters of each of the four (4) districts.
15 Three (3) at-large members of the fiscal body shall be elected by the
16 voters of the whole county.
17 (b) This subsection applies to a county having a population of more
18 than four hundred thousand (400,000) but and less than seven hundred
19 thousand (700,000). The county redistricting commission established
20 under IC 36-2-2-4 shall divide the county into seven (7) single-member
21 districts that comply with subsection (d). One (1) member of the fiscal
22 body shall be elected by the voters of each of these seven (7)
23 single-member districts.
24 (c) This subsection applies to a county having a population of more
25 than two hundred fifty thousand (250,000) but less than two hundred
26 seventy thousand (270,000). two hundred fifty thousand (250,000)
27 and less than three hundred thousand (300,000). The fiscal body
28 shall divide the county into nine (9) single-member districts that
29 comply with subsection (d). Three (3) of these districts must be
30 contained within each of the three (3) districts established under
31 IC 36-2-2-4(c). One (1) member of the fiscal body shall be elected by
32 the voters of each of these nine (9) single-member districts.
33 (d) Single-member districts established under subsection (a), (b), or
34 (c) must:
35 (1) be compact, subject only to natural boundary lines (such as
36 railroads, major highways, rivers, creeks, parks, and major
37 industrial complexes);
38 (2) not cross precinct boundary lines;
39 (3) contain, as nearly as possible, equal population; and
40 (4) include whole townships, except when a division is clearly
41 necessary to accomplish redistricting under this section.
42 (e) Except as provided by subsection (g), (f), a division under
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1 subsection (a), (b), or (c) shall be made
2 (1) during the first year after a year in which a federal decennial
3 census is conducted; and
4 (2) when the county executive adopts an order declaring a county
5 boundary to be changed under IC 36-2-1-2.
6 (f) A division under subsection (a), (b), or (c) may be made in any
7 odd-numbered year not described in subsection (e). only at times
8 permitted under IC 3-5-10.
9 (g) This subsection applies during the first year after a year in which
10 a federal decennial census is conducted. (f) If the county executive,
11 county redistricting commission, or county fiscal body determines that
12 a division under subsection (e) is not required, the county executive,
13 county redistricting commission, or county fiscal body shall adopt an
14 ordinance recertifying that the districts as drawn comply with this
15 section.
16 (h) (g) Each time there is a division under subsection (e) or (f) or a
17 recertification under subsection (g), (f), the county executive, county
18 redistricting commission, or county fiscal body shall file with the
19 circuit court clerk of the county, not later than thirty (30) days after the
20 division or recertification occurs, a map of the district boundaries:
21 (1) adopted under subsection (e); or (f); or
22 (2) recertified under subsection (g). (f).
23 (i) (h) The limitations set forth in this section are part of the
24 ordinance, but do not have to be specifically set forth in the ordinance.
25 The ordinance must be construed, if possible, to comply with this
26 chapter. If a provision of the ordinance or an application of the
27 ordinance violates this chapter, the invalidity does not affect the other
28 provisions or applications of the ordinance that can be given effect
29 without the invalid provision or application. The provisions of the
30 ordinance are severable.
31 (j) If a conflict exists between:
32 (1) a map showing the boundaries of a district; and
33 (2) a description of the boundaries of that district set forth in the
34 ordinance;
35 the district boundaries are the description of the boundaries set forth in
36 the ordinance, not the boundaries shown on the map, to the extent there
37 is a conflict between the description and the map.
38 (i) IC 3-5-10 applies to a plan established under this section.
39 SECTION 10. IC 36-2-3-4.5 IS REPEALED [EFFECTIVE JULY
40 1, 2022]. Sec. 4.5. (a) If any territory in any county is not included in
41 one (1) of the districts established under section 4 of this chapter, the
42 territory is included in the district that:
HB 1285—LS 6948/DI 75 14
1 (1) is contiguous to that territory; and
2 (2) contains the least population of all districts contiguous to that
3 territory.
4 (b) If any territory in any county is included in more than one (1) of
5 the districts established under section 4 of this chapter, the territory is
6 included in the district that:
7 (1) is one (1) of the districts in which the territory is described in
8 the ordinance adopted under section 4 of this chapter;
9 (2) is contiguous to that territory; and
10 (3) contains the least population of all districts contiguous to that
11 territory.
12 SECTION 11. IC 36-3-4-3, AS AMENDED BY P.L.2-2014,
13 SECTION 118, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The city-county legislative
15 body shall, by ordinance, divide the whole county into twenty-five (25)
16 districts that:
17 (1) are compact, subject only to natural boundary lines (such as
18 railroads, major highways, rivers, creeks, parks, and major
19 industrial complexes);
20 (2) contain, as nearly as is possible, equal population; and
21 (3) do not cross precinct boundary lines.
22 Except as provided by subsection (f), this division shall be made before
23 the end of the second year after a year in which a federal decennial
24 census is conducted and may also be made at any other time, subject to
25 IC 3-11-1.5-32. only at times permitted under IC 3-5-10.
26 (b) The legislative body is composed of the following:
27 (1) Before January 1, 2016, twenty-five (25) members elected
28 from the districts established under subsection (a) and four (4)
29 members elected from an at-large district containing the whole
30 county.
31 (2) After December 31, 2015, twenty-five (25) members elected
32 from the districts established under subsection (a).
33 (c) Each voter of the county may vote for one (1) candidate from the
34 district in which the voter resides.
35 (d) If the legislative body fails to make the division before the date
36 prescribed by subsection (a) or the division is alleged to violate
37 subsection (a) or other law, a taxpayer or registered voter of the county
38 may petition the superior court of the county to hear and determine the
39 matter. The court shall hear and determine the matter as a five (5)
40 member panel of judges from the superior court. The clerk of the court
41 shall select the judges electronically and randomly. The clerk shall
42 maintain a record of the method and process used to select the judges
HB 1285—LS 6948/DI 75 15
1 and shall make the record available for public inspection and copying.
2 Not more than three (3) members of the five (5) member panel of
3 judges may be of the same political party. The first judge selected shall
4 maintain the case file and preside over the proceedings. There may not
5 be a change of venue from the court or from the county. The court may
6 appoint a master to assist in its determination and may draw proper
7 district boundaries if necessary. An appeal from the court's judgment
8 must be taken within thirty (30) days, directly to the supreme court, in
9 the same manner as appeals from other actions.
10 (e) An election of the legislative body held under the ordinance or
11 court judgment determining districts that is in effect on the date of the
12 election is valid, regardless of whether the ordinance or judgment is
13 later determined to be invalid.
14 (f) This subsection applies during the second year after a year in
15 which a federal decennial census is conducted. If the legislative body
16 determines that a division under subsection (a) is not required, the
17 legislative body shall adopt an ordinance recertifying that the districts
18 as drawn comply with this section.
19 (g) Each time there is a division under subsection (a) or a
20 recertification under subsection (f), the legislative body shall file with
21 the circuit court clerk of the county, not later than thirty (30) days after
22 the division or recertification occurs, a map of the district boundaries:
23 (1) adopted under subsection (a); or
24 (2) recertified under subsection (f).
25 (h) The limitations set forth in this section are part of the ordinance,
26 but do not have to be specifically set forth in the ordinance. The
27 ordinance must be construed, if possible, to comply with this chapter.
28 If a provision of the ordinance or an application of the ordinance
29 violates this chapter, the invalidity does not affect the other provisions
30 or applications of the ordinance that can be given effect without the
31 invalid provision or application. The provisions of the ordinance are
32 severable.
33 (i) If a conflict exists between:
34 (1) a map showing the boundaries of a district; and
35 (2) a description of the boundaries of that district set forth in the
36 ordinance;
37 the district boundaries are the description of the boundaries set forth in
38 the ordinance, not the boundaries shown on the map, to the extent there
39 is a conflict between the description and the map. IC 3-5-10 applies to
40 a plan established under this section.
41 SECTION 12. IC 36-4-6-3, AS AMENDED BY P.L.271-2013,
42 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1285—LS 6948/DI 75 16
1 JULY 1, 2022]: Sec. 3. (a) This section applies only to second class
2 cities.
3 (b) The legislative body shall adopt an ordinance to divide the city
4 into six (6) districts that:
5 (1) are composed of contiguous territory, except for territory that
6 is not contiguous to any other part of the city;
7 (2) are reasonably compact;
8 (3) do not cross precinct boundary lines, except as provided in
9 subsection (c) or (d); and
10 (4) contain, as nearly as is possible, equal population.
11 (c) The boundary of a city legislative body district may cross a
12 precinct boundary line if:
13 (1) more than one (1) member of the legislative body elected from
14 the districts established under subsection (b) resides in one (1)
15 precinct established under IC 3-11-1.5 after the most recent
16 municipal election; and
17 (2) following the establishment of a legislative body district
18 whose boundary crosses a precinct boundary line, not more than
19 one (1) member of the legislative body elected from districts
20 resides within the same city legislative body district.
21 (d) The boundary of a city legislative body district may cross a
22 precinct line if the districts would not otherwise contain, as nearly as
23 is possible, equal population.
24 (e) A city legislative body district with a boundary described by
25 subsection (c) or (d) may not cross a census block boundary line:
26 (1) except when following a precinct boundary line; or
27 (2) unless the city legislative body certifies in the ordinance that
28 the census block has no population, and is not likely to ever have
29 population.
30 (f) The legislative body may not adopt an ordinance dividing the city
31 into districts with boundaries described by subsection (c) or (d) unless
32 the clerk of the city mails a written notice to the circuit court clerk. The
33 notice must:
34 (1) state that the legislative body is considering the adoption of an
35 ordinance described by this subsection; and
36 (2) be mailed not later than ten (10) days before the legislative
37 body adopts the ordinance.
38 (g) Except as provided in subsection (l), (j), the division under
39 subsection (b) shall be made
40 (1) during the second year after a year in which a federal
41 decennial census is conducted; and
42 (2) when required to assign annexed territory to a district.
HB 1285—LS 6948/DI 75 17
1 This division may be made at any other time, subject to IC 3-11-1.5-32.
2 only at times permitted under IC 3-5-10.
3 (h) The legislative body is composed of six (6) members elected
4 from the districts established under subsection (b) and three (3) at-large
5 members.
6 (i) Each voter of the city may vote for three (3) candidates for
7 at-large membership and one (1) candidate from the district in which
8 the voter resides. The three (3) at-large candidates receiving the most
9 votes from the whole city and the district candidates receiving the most
10 votes from their respective districts are elected to the legislative body.
11 (j) If any territory in the city is not included in one (1) of the
12 districts established under this section, the territory is included in the
13 district that:
14 (1) is contiguous to that territory; and
15 (2) contains the least population of all districts contiguous to that
16 territory.
17 (k) If any territory in the city is included in more than one (1) of the
18 districts established under this section, the territory is included in the
19 district that:
20 (1) is one (1) of the districts in which the territory is described in
21 the ordinance adopted under this section;
22 (2) is contiguous to that territory; and
23 (3) contains the least population of all districts contiguous to that
24 territory.
25 (l) This subsection applies during the second year after a year in
26 which a federal decennial census is conducted. (j) If the legislative
27 body determines that a division under subsection (g) is not required,
28 the legislative body shall adopt an ordinance recertifying that the
29 districts as drawn comply with this section.
30 (m) (k) A copy of the ordinance establishing districts or a
31 recertification adopted under this section must be filed with the circuit
32 court clerk of the county that contains the greatest population of the
33 city not later than thirty (30) days after the ordinance or recertification
34 is adopted. The filing must include a map of the district boundaries:
35 (1) adopted under subsection (b); or
36 (2) recertified under subsection (l). (j).
37 (n) (l) The limitations set forth in this section are part of the
38 ordinance, but do not have to be specifically set forth in the ordinance.
39 The ordinance must be construed, if possible, to comply with this
40 chapter. If a provision of the ordinance or an application of the
41 ordinance violates this chapter, the invalidity does not affect the other
42 provisions or applications of the ordinance that can be given effect
HB 1285—LS 6948/DI 75 18
1 without the invalid provision or application. The provisions of the
2 ordinance are severable.
3 (o) If a conflict exists between:
4 (1) a map showing the boundaries of a district; and
5 (2) a description of the boundaries of that district set forth in the
6 ordinance;
7 the district boundaries are the description of the boundaries set forth in
8 the ordinance, not the boundaries shown on the map, to the extent there
9 is a conflict between the description and the map.
10 (m) IC 3-5-10 applies to a plan established under this section.
11 SECTION 13. IC 36-4-6-4, AS AMENDED BY P.L.271-2013,
12 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 4. (a) This section applies to third class cities,
14 except as provided by section 5 of this chapter.
15 (b) This subsection does not apply to a city with an ordinance
16 described by subsection (j) or (m). The legislative body shall adopt an
17 ordinance to divide the city into five (5) districts that:
18 (1) are composed of contiguous territory, except for territory that
19 is not contiguous to any other part of the city;
20 (2) are reasonably compact;
21 (3) do not cross precinct boundary lines except as provided in
22 subsection (c) or (d); and
23 (4) contain, as nearly as is possible, equal population.
24 (c) The boundary of a city legislative body district may cross a
25 precinct boundary line if:
26 (1) more than one (1) member of the legislative body elected from
27 the districts established under subsection (b), (j), or (m) resides in
28 one (1) precinct established under IC 3-11-1.5 after the most
29 recent municipal election; and
30 (2) following the establishment of a legislative body district
31 whose boundary crosses a precinct boundary line, not more than
32 one (1) member of the legislative body elected from the districts
33 resides within the same city legislative body district.
34 (d) The boundary of a city legislative body district may cross a
35 precinct line if the districts would not otherwise contain, as nearly as
36 is possible, equal population.
37 (e) A city legislative body district with a boundary described by
38 subsection (c) or (d) may not cross a census block boundary line:
39 (1) except when following a precinct boundary line; or
40 (2) unless the city legislative body certifies in the ordinance that
41 the census block has no population, and is not likely to ever have
42 population.
HB 1285—LS 6948/DI 75 19
1 (f) The legislative body may not adopt an ordinance dividing the city
2 into districts with boundaries described by subsection (c) or (d) unless
3 the clerk of the city mails a written notice to the circuit court clerk. The
4 notice must:
5 (1) state that the legislative body is considering the adoption of an
6 ordinance described by this subsection; and
7 (2) be mailed not later than ten (10) days before the legislative
8 body adopts the ordinance.
9 (g) Except as provided in subsection (q), (o), the division under
10 subsection (b), (j), or (m) shall be made
11 (1) during the second year after a year in which a federal
12 decennial census is conducted; and
13 (2) when required to assign annexed territory to a district.
14 This division may be made at any other time, subject to IC 3-11-1.5-32.
15 only at times permitted under IC 3-5-10.
16 (h) This subsection does not apply to a city with an ordinance
17 described by subsection (j) or (m). The legislative body is composed of
18 five (5) members elected from the districts established under
19 subsection (b) and two (2) at-large members.
20 (i) This subsection does not apply to a city with an ordinance
21 described by subsection (j) or (m). Each voter of the city may vote for
22 two (2) candidates for at-large membership and one (1) candidate from
23 the district in which the voter resides. The two (2) at-large candidates
24 receiving the most votes from the whole city and the district candidates
25 receiving the most votes from their respective districts are elected to
26 the legislative body.
27 (j) A city may adopt an ordinance under this subsection to divide the
28 city into four (4) districts that:
29 (1) are composed of contiguous territory;
30 (2) are reasonably compact;
31 (3) do not cross precinct boundary lines, except as provided in
32 subsection (c) or (d); and
33 (4) contain, as nearly as is possible, equal population.
34 (k) This subsection applies to a city with an ordinance described by
35 subsection (j). The legislative body is composed of four (4) members
36 elected from the districts established under subsection (j) and three (3)
37 at-large members.
38 (l) This subsection applies to a city with an ordinance described by
39 subsection (j). Each voter of the city may vote for three (3) candidates
40 for at-large membership and one (1) candidate from the district in
41 which the voter resides. The three (3) at-large candidates receiving the
42 most votes from the whole city and the district candidates receiving the
HB 1285—LS 6948/DI 75 20
1 most votes from their respective districts are elected to the legislative
2 body.
3 (m) This subsection applies only if the ordinance adopted under
4 IC 36-4-1.5-3 by the town legislative body of a town that has a
5 population of less than ten thousand (10,000) and that becomes a city
6 specifies that the city legislative body districts are governed by this
7 subsection. The ordinance adopted under IC 36-4-1.5-3(b)(1) dividing
8 the town into city legislative body districts may provide that:
9 (1) the city shall be divided into three (3) districts that:
10 (A) are composed of contiguous territory;
11 (B) are reasonably compact;
12 (C) do not cross precinct boundary lines, except as provided in
13 subsection (c) or (d); and
14 (D) contain, as nearly as is possible, equal population; and
15 (2) the legislative body of the city is composed of three (3)
16 members elected from the districts established under this
17 subsection and two (2) at-large members.
18 Each voter of the city may vote for two (2) candidates for at-large
19 membership and one (1) candidate from the district in which the voter
20 resides. The two (2) at-large candidates receiving the most votes from
21 the whole city and the district candidates receiving the most votes from
22 their respective districts are elected to the legislative body.
23 (n) A copy of the ordinance establishing districts or a recertification
24 adopted under this section must be filed with the circuit court clerk of
25 the county that contains the greatest population of the city no later than
26 thirty (30) days after the ordinance or recertification is adopted. The
27 filing must include a map of the district boundaries:
28 (1) adopted under subsection (b), (j), or (m); or
29 (2) recertified under subsection (q). (o).
30 (o) If any territory in the city is not included in one (1) of the
31 districts established under this section, the territory is included in the
32 district that:
33 (1) is contiguous to that territory; and
34 (2) contains the least population of all districts contiguous to that
35 territory.
36 (p) If any territory in the city is included in more than one (1) of the
37 districts established under this section, the territory is included in the
38 district that:
39 (1) is one (1) of the districts in which the territory is described in
40 the ordinance adopted under this section;
41 (2) is contiguous to that territory; and
42 (3) contains the least population of all districts contiguous to that
HB 1285—LS 6948/DI 75 21
1 territory.
2 (q) This subsection applies during the second year after a year in
3 which a federal decennial census is conducted. (o) If the legislative
4 body determines that a division under subsection (g) is not required,
5 the legislative body shall adopt an ordinance recertifying that the
6 districts as drawn comply with this section.
7 (r) (p) The limitations set forth in this section are part of the
8 ordinance, but do not have to be specifically set forth in the ordinance.
9 The ordinance must be construed, if possible, to comply with this
10 chapter. If a provision of the ordinance or an application of the
11 ordinance violates this chapter, the invalidity does not affect the other
12 provisions or applications of the ordinance that can be given effect
13 without the invalid provision or application. The provisions of the
14 ordinance are severable.
15 (s) If a conflict exists between:
16 (1) a map showing the boundaries of a district; and
17 (2) a description of the boundaries of that district set forth in the
18 ordinance;
19 the district boundaries are the description of the boundaries set forth in
20 the ordinance, not the boundaries shown on the map, to the extent there
21 is a conflict between the description and the map.
22 (q) IC 3-5-10 applies to a plan established under this section.
23 SECTION 14. IC 36-4-6-5, AS AMENDED BY P.L.271-2013,
24 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 5. (a) This section applies to third class cities
26 having a population of less than ten thousand (10,000). The legislative
27 body of such a city may, by ordinance adopted after June 30, 2010, and
28 during a year in which an election of the legislative body will not
29 occur, decide to be governed by this section instead of section 4 of this
30 chapter. The legislative body districts created by an ordinance adopted
31 under this subsection apply to the first election of the legislative body
32 held after the date the ordinance is adopted. The clerk of the legislative
33 body shall send a certified copy of any ordinance adopted under this
34 subsection to the secretary of the county election board.
35 (b) This subsection does not apply to a city with an ordinance
36 described by subsection (j). The legislative body shall adopt an
37 ordinance to divide the city into four (4) districts that:
38 (1) are composed of contiguous territory, except for territory that
39 is not contiguous to any other part of the city;
40 (2) are reasonably compact;
41 (3) do not cross precinct boundary lines except as provided in
42 subsection (c) or (d); and
HB 1285—LS 6948/DI 75 22
1 (4) contain, as nearly as is possible, equal population.
2 (c) The boundary of a city legislative body district may cross a
3 precinct boundary line if:
4 (1) more than one (1) member of the legislative body elected from
5 the districts established under subsection (b) or (j) resides in one
6 (1) precinct established under IC 3-11-1.5 after the most recent
7 municipal election; and
8 (2) following the establishment of a legislative body district
9 whose boundary crosses a precinct boundary line, not more than
10 one (1) member of the legislative body elected from the districts
11 resides within the same city legislative body district.
12 (d) The boundary of a city legislative body district may cross a
13 precinct line if the districts would not otherwise contain, as nearly as
14 is possible, equal population.
15 (e) A city legislative body district with a boundary described by
16 subsection (c) or (d) may not cross a census block boundary line:
17 (1) except when following a precinct boundary line; or
18 (2) unless the city legislative body certifies in the ordinance that
19 the census block has no population, and is not likely to ever have
20 population.
21 (f) The legislative body may not adopt an ordinance dividing the city
22 into districts with boundaries described by subsection (c) or (d) unless
23 the clerk of the city mails a written notice to the circuit court clerk. The
24 notice must:
25 (1) state that the legislative body is considering the adoption of an
26 ordinance described by this subsection; and
27 (2) be mailed not later than ten (10) days before the legislative
28 body adopts the ordinance.
29 (g) Except as provided in subsection (q), (o), the division under
30 subsection (b) or (j) shall be made
31 (1) during the second year after a year in which a federal
32 decennial census is conducted; and
33 (2) when required to assign annexed territory to a district.
34 This division may be made at any other time, subject to IC 3-11-1.5-32.
35 only at times permitted under IC 3-5-10.
36 (h) This subsection does not apply to a city with an ordinance
37 described by subsection (j). The legislative body is composed of four
38 (4) members elected from the districts established under subsection (b)
39 and one (1) at-large member.
40 (i) This subsection does not apply to a city with an ordinance
41 described by subsection (j). Each voter may vote for one (1) candidate
42 for at-large membership and one (1) candidate from the district in
HB 1285—LS 6948/DI 75 23
1 which the voter resides. The at-large candidate receiving the most votes
2 from the whole city and the district candidates receiving the most votes
3 from their respective districts are elected to the legislative body.
4 (j) A city may adopt an ordinance under this subsection to divide the
5 city into three (3) districts that:
6 (1) are composed of contiguous territory, except for territory that
7 is not contiguous to any other part of the city;
8 (2) are reasonably compact;
9 (3) do not cross precinct boundary lines, except as provided in
10 subsection (c) or (d); and
11 (4) contain, as nearly as is possible, equal population.
12 (k) This subsection applies to a city with an ordinance described by
13 subsection (j). The legislative body is composed of three (3) members
14 elected from the districts established under subsection (j) and two (2)
15 at-large members.
16 (l) This subsection applies to a city with an ordinance described by
17 subsection (j). Each voter of the city may vote for two (2) candidates
18 for at-large membership and one (1) candidate from the district in
19 which the voter resides. The two (2) at-large candidates receiving the
20 most votes from the whole city and the district candidates receiving the
21 most votes from their respective districts are elected to the legislative
22 body.
23 (m) This subsection applies to a city having a population of less than
24 seven thousand (7,000). A legislative body of such a city that has, by
25 resolution adopted before May 7, 1991, decided to continue an election
26 process that permits each voter of the city to vote for one (1) candidate
27 at large and one (1) candidate from each of its four (4) council districts
28 may hold elections using that voting arrangement. The at-large
29 candidate and the candidate from each district receiving the most votes
30 from the whole city are elected to the legislative body. The districts
31 established in cities adopting such a resolution may cross precinct
32 boundary lines.
33 (n) A copy of the ordinance establishing districts or a recertification
34 under this section must be filed with the circuit court clerk of the
35 county that contains the greatest population of the city not later than
36 thirty (30) days after the ordinance or recertification is adopted. The
37 filing must include a map of the district boundaries:
38 (1) adopted under subsection (b) or (j); or
39 (2) recertified under subsection (q). (o).
40 (o) If any territory in the city is not included in one (1) of the
41 districts established under this section, the territory is included in the
42 district that:
HB 1285—LS 6948/DI 75 24
1 (1) is contiguous to that territory; and
2 (2) contains the least population of all districts contiguous to that
3 territory.
4 (p) If any territory in the city is included in more than one (1) of the
5 districts established under this section, the territory is included in the
6 district that:
7 (1) is one (1) of the districts in which the territory is described in
8 the ordinance adopted under this section;
9 (2) is contiguous to that territory; and
10 (3) contains the least population of all districts contiguous to that
11 territory.
12 (q) This subsection applies during the second year after a year in
13 which a federal decennial census is conducted. (o) If the legislative
14 body determines that a division under subsection (b) or (j) is not
15 required, the legislative body shall adopt an ordinance recertifying that
16 the districts as drawn comply with this section.
17 (r) (p) The limitations set forth in this section are part of the
18 ordinance, but do not have to be specifically set forth in the ordinance.
19 The ordinance must be construed, if possible, to comply with this
20 chapter. If a provision of the ordinance or an application of the
21 ordinance violates this chapter, the invalidity does not affect the other
22 provisions or applications of the ordinance that can be given effect
23 without the invalid provision or application. The provisions of the
24 ordinance are severable.
25 (s) If a conflict exists between:
26 (1) a map showing the boundaries of a district; and
27 (2) a description of the boundaries of that district set forth in the
28 ordinance;
29 the district boundaries are the description of the boundaries set forth in
30 the ordinance, not the boundaries shown on the map, to the extent there
31 is a conflict between the description and the map.
32 (q) IC 3-5-10 applies to a plan established under this section.
33 SECTION 15. IC 36-5-2-4.1, AS AMENDED BY P.L.74-2017,
34 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 4.1. (a) The legislative body may, by ordinance,
36 divide the town into districts for the purpose of conducting elections of
37 town officers.
38 (b) A town legislative body district must comply with the following
39 standards:
40 (1) The district must be composed of contiguous territory, except
41 for territory that is not contiguous to any other part of the town.
42 (2) The district must be reasonably compact.
HB 1285—LS 6948/DI 75 25
1 (3) The district must contain, as nearly as is possible, equal
2 population.
3 (4) The district may not cross a census block boundary except
4 when following a precinct boundary line or unless the ordinance
5 specifies that the census block has no population and is not likely
6 to have population before the effective date of the next federal
7 decennial census.
8 (5) The district may not cross precinct lines, except as provided
9 in subsection (c).
10 (c) The boundary of a town legislative body district established
11 under subsection (a) may cross a precinct boundary line if:
12 (1) the legislative body provides by ordinance under section 5 of
13 this chapter that all legislative body members are to be elected at
14 large by the voters of the whole town; or
15 (2) the district would not otherwise contain, as nearly as is
16 possible, equal population.
17 (d) If any territory in the town is not included in one (1) of the
18 districts established under this section, the territory is included in the
19 district that:
20 (1) is contiguous to that territory; and
21 (2) contains the least population of all districts contiguous to that
22 territory.
23 (e) If any territory in the town is included in more than one (1) of the
24 districts established under this section, the territory is included in the
25 district that:
26 (1) is one (1) of the districts in which the territory is described in
27 the ordinance adopted under this section;
28 (2) is contiguous to that territory; and
29 (3) contains the least population of all districts contiguous to that
30 territory.
31 (f) (e) The ordinance may be appealed in the manner prescribed by
32 IC 34-13-6. If the town is located in two (2) or more counties, the
33 appeal may be filed in the circuit or superior court of any of those
34 counties.
35 (g) (f) This subsection does not apply to a town with an ordinance
36 described by subsection (h). (g). Except as provided in subsection (k),
37 (j), the division permitted by subsection (a) shall be made
38 (1) during the second year after a year in which a federal
39 decennial census is conducted, subject to IC 3-11-1.5-32; and
40 (2) when required to assign annexed territory to a municipal
41 legislative body district.
42 The division may also be made in any other year. only at times
HB 1285—LS 6948/DI 75 26
1 permitted under IC 3-5-10.
2 (h) (g) This subsection applies to a town having a population of less
3 than three thousand five hundred (3,500). The town legislative body
4 may adopt an ordinance providing that:
5 (1) town legislative body districts are abolished; and
6 (2) all members of the legislative body are elected at large.
7 (i) (h) An ordinance described by subsection (h): (g):
8 (1) may not be adopted or repealed during a year in which a
9 municipal election is scheduled to be conducted in the town under
10 IC 3-10-6 or IC 3-10-7; and
11 (2) is effective upon passage.
12 (j) (i) A copy of the ordinance establishing districts or a
13 recertification under this section must be filed with the circuit court
14 clerk of the county that contains the greatest population of the town not
15 later than thirty (30) days after the ordinance or recertification is
16 adopted. The filing must include a map of the district boundaries:
17 (1) adopted under subsection (a); or
18 (2) recertified under subsection (k). (j).
19 (k) This subsection applies during the second year after a year in
20 which a federal decennial census is conducted. (j) If the legislative
21 body determines that a division under subsection (a) is not required, the
22 legislative body shall adopt an ordinance recertifying that the districts
23 as drawn comply with this section.
24 (l) (k) The limitations set forth in this section are part of the
25 ordinance, but do not have to be specifically set forth in the ordinance.
26 The ordinance must be construed, if possible, to comply with this
27 chapter. If a provision of the ordinance or an application of the
28 ordinance violates this chapter, the invalidity does not affect the other
29 provisions or applications of the ordinance that can be given effect
30 without the invalid provision or application. The provisions of the
31 ordinance are severable.
32 (m) If a conflict exists between:
33 (1) a map showing the boundaries of a district; and
34 (2) a description of the boundaries of that district set forth in the
35 ordinance;
36 the district boundaries are the description of the boundaries set forth in
37 the ordinance, not the boundaries shown on the map, to the extent there
38 is a conflict between the description and the map.
39 (n) (l) This subsection applies to a town having a population of less
40 than three thousand five hundred (3,500). If the town legislative body
41 has not:
42 (1) adopted an ordinance under subsection (a) and subject to
HB 1285—LS 6948/DI 75 27
1 subsection (g) (f) after December 31, 2011; or
2 (2) adopted an ordinance recertifying districts under subsection
3 (k) (j) after December 31, 2011;
4 the town legislative body districts are abolished, effective January 1,
5 2018. A town described by this subsection may adopt an ordinance to
6 establish town legislative body districts in accordance with subsection
7 (a) and subject to subsection (g) (f) after January 1, 2018.
8 (m) IC 3-5-10 applies to a plan established under this section.
9 SECTION 16. IC 36-6-6-2.5, AS AMENDED BY P.L.271-2013,
10 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 2.5. (a) This section applies to townships in a
12 county containing a consolidated city.
13 (b) The legislative body shall adopt a resolution that divides the
14 township into legislative body districts that:
15 (1) are composed of contiguous territory;
16 (2) are reasonably compact;
17 (3) respect, as nearly as reasonably practicable, precinct boundary
18 lines; and
19 (4) contain, as nearly as reasonably practicable, equal population.
20 (c) Before a legislative body may adopt a resolution that divides a
21 township into legislative body districts, the secretary of the legislative
22 body shall mail a written notice to the circuit court clerk. This notice
23 must:
24 (1) state that the legislative body is considering the adoption of a
25 resolution to divide the township into legislative body districts;
26 and
27 (2) be mailed not later than ten (10) days before the legislative
28 body adopts the resolution.
29 (d) Except as provided in subsection (f), (e), the legislative body
30 shall make a division into legislative body districts at the following
31 times:
32 (1) During the second year after a year in which a federal
33 decennial census is conducted.
34 (2) Subject to IC 3-11-1.5-32.5, whenever the boundary of the
35 township changes.
36 (e) The legislative body may make the division under this section at
37 any time, subject to IC 3-11-1.5-32.5. only at times permitted under
38 IC 3-5-10.
39 (f) This subsection applies during the second year after a year in
40 which a federal decennial census is conducted. (e) If the legislative
41 body determines that a division is not required under subsection (b),
42 the legislative body shall adopt an ordinance recertifying that the
HB 1285—LS 6948/DI 75 28
1 districts as drawn comply with this section.
2 (g) (f) Each time there is a division under subsection (b) or a
3 recertification under subsection (f), (e), the legislative body shall file
4 with the circuit court clerk of the county not later than thirty (30) days
5 after the adoption or recertification occurs a map of the district
6 boundaries:
7 (1) adopted under subsection (b); or
8 (2) recertified under subsection (f). (e).
9 (h) (g) The limitations set forth in this section are part of the
10 ordinance, but do not have to be specifically set forth in the ordinance.
11 The ordinance must be construed, if possible, to comply with this
12 chapter. If a provision of the ordinance or an application of the
13 ordinance violates this chapter, the invalidity does not affect the other
14 provisions or applications of the ordinance that can be given effect
15 without the invalid provision or application. The provisions of the
16 ordinance are severable.
17 (i) If a conflict exists between:
18 (1) a map showing the boundaries of a district; and
19 (2) a description of the boundaries of that district set forth in the
20 ordinance;
21 the district boundaries are the description of the boundaries set forth in
22 the ordinance, not the boundaries shown on the map, to the extent there
23 is a conflict between the description and the map.
24 (h) IC 3-5-10 applies to a plan established under this section.
HB 1285—LS 6948/DI 75 29
COMMITTEE REPORT
Mr. Speaker: Your Committee on Elections and Apportionment, to
which was referred House Bill 1285, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1285 as introduced.)
WESCO
Committee Vote: Yeas 10, Nays 2
HB 1285—LS 6948/DI 75