Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1285
AN ACT to amend the Indiana Code concerning elections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 1-1-3.5-2.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.3. As used in this chapter, "special
census" means a basic enumeration of population, housing units,
group quarters and transitory locations conducted by the U.S.
Census Bureau at the request of a political subdivision.
SECTION 2. IC 3-5-10 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Chapter 10. Drawing Election Districts for Local and School
Board Offices
Sec. 1. (a) This chapter applies when a redistricting authority
redraws election districts required by law.
(b) In addition to the provisions of this chapter, the provisions
of the applicable statute apply to redistricting.
Sec. 2. The definitions in IC 1-1-3.5 apply throughout this
chapter.
Sec. 3. As used in this chapter, "applicable statute" refers to the
statute under which a redistricting authority is required to
establish election districts.
Sec. 4. As used in this chapter, "census event" refers to any of
the following:
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(1) A federal decennial census.
(2) A federal special census.
(3) A special tabulation.
(4) A corrected population count.
Sec. 5. (a) As used in this chapter, "plan" refers to the
description of the districts that a redistricting authority is required
to establish.
(b) The term includes the maps and written descriptions of the
maps that define all the districts that a plan is required to have
under the applicable law.
Sec. 6. As used in this chapter, "redistricting authority" refers
to the body or other authority that is required to redraw election
districts for local or school board offices.
Sec. 7. (a) Subject to section 8 of this chapter, a redistricting
authority shall redistrict election districts according to the
following schedule:
(1) If the census event is a federal decennial census, the
following:
(A) For a county executive or county fiscal body, only
during the first year after the federal decennial census is
conducted.
(B) For a school corporation, only during the first year
after the federal decennial census is conducted.
(C) For a municipality that conducts its municipal elections
in an odd numbered year, only during the second year
after the federal decennial census is conducted.
(D) For a municipality that conducts its municipal elections
in:
(i) an even numbered year; or
(i) both an even numbered year and an odd numbered
year;
only during the first year after the federal decennial census
is conducted.
However, a body described in clauses (A) through (D) that has
not completed the redistricting on March 1, 2022, has until
December 31, 2022 to redistrict the election districts from the
2020 decennial census.
(2) For a census event other than a federal decennial census,
only during the first year after the year the census event
becomes effective with respect to the political subdivision, as
provided in IC 1-1-3.5-3.
(3) Whenever a county adopts an order declaring a county
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boundary to be changed under IC 36-2-1-2 that affects the
boundaries of the political subdivision.
(4) Whenever required to assign annexed territory to a
district, subject to the provisions of IC 36-4-3.
(5) Whenever the boundary of the political subdivision is
changed.
(6) As provided in the order of a court that has found the
current redistricting plan unconstitutional or otherwise
unlawful.
(b) A redistricting authority may not redistrict at a time other
than is provided in subsection (a).
Sec. 8. A redistricting authority is not required to redistrict if
the applicable statute provides that the redistricting authority may
certify that the existing districts continue to satisfy all the
requirements of the applicable statute and other applicable law.
Sec. 9. If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the plan;
the district boundaries are the description of the boundaries set
forth in the plan, not the boundaries shown on the map, but only to
the extent there is a conflict between the description and the map.
Sec. 10. If any territory in the political subdivision is not
included in one (1) of the districts, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to
that territory.
Sec. 11. If any territory in the political subdivision is included
in more than one (1) of the districts, the territory is included in the
district that:
(1) is one (1) of the districts in which the territory is described
in the ordinance or resolution that establishes the plan;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to
that territory.
SECTION 3. IC 3-11-1.5-32 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 32. The legislative body of a municipality may not
change the boundary of a district established under:
(1) IC 36-3-4-3;
(2) IC 36-4-6-3;
(3) IC 36-4-6-4;
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(4) IC 36-4-6-5;
(5) IC 36-5-1-10.1;
(6) IC 36-5-2-4.1; or
(7) IC 36-5-2-4.2;
after November 8 of the year preceding the year in which a municipal
election is to be held and before the day following the date on which
the municipal election is held except to assign territory to a municipal
legislative body district in an annexation ordinance.
SECTION 4. IC 20-23-4-35, AS AMENDED BY P.L.271-2013,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 35. (a) The governing body of a school
corporation may be organized under this section.
(b) The governing body consists of seven (7) members, elected as
follows:
(1) Four (4) members elected from districts, with one (1) member
serving from each election district. A member elected under this
subdivision must be:
(A) a resident of the election district from which the member
is elected; and
(B) voted upon by only the registered voters residing within
the election district and voting at a governing body election.
(2) Three (3) members, who are voted upon by all the registered
voters residing within the school corporation and voting at a
governing body election, elected under this subdivision. The
governing body shall establish three (3) residential districts as
follows:
(A) One (1) residential district must be the township that has
the greatest population within the school corporation.
(B) Two (2) residential districts must divide the remaining
area within the school corporation.
Only one (1) member who resides within a particular residential
district established under this subdivision may serve on the
governing body at a time.
(c) A member of the governing body who is:
(1) elected from an election or a residential district; or
(2) appointed to fill a vacancy from an election or a residential
district;
must reside within the boundaries of the district the member represents.
(d) A vacancy on the governing body shall be filled by the
governing body as soon as practicable after the vacancy occurs. A
member chosen by the governing body to fill a vacancy holds office for
the remainder of the unexpired term.
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(e) The members of the governing body serving at the time a plan
is amended under this section shall establish the election and
residential districts described in subsection (b).
(f) The election districts described in subsection (b)(1):
(1) shall be drawn on the basis of precinct lines;
(2) may not cross precinct lines; and
(3) as nearly as practicable, be of equal population, with the
population of the largest exceeding the population of the smallest
by not more than fifteen percent (15%).
(g) The residential districts described in subsection (b)(2) may:
(1) be drawn in any manner considered appropriate by the
governing body; and
(2) be drawn along township lines.
(h) The governing body shall certify the districts that are established
under subsections (f) and (g), amended under subsection (e), or
recertified under section 35.5 of this chapter to:
(1) the state board; and
(2) the circuit court clerk of each county in which the school
corporation is located as provided in section 35.5 of this chapter.
(i) The governing body shall designate:
(1) three (3) of the districts established under this section to be
elected at the first school board election that occurs after the
effective date of the plan; and
(2) the remaining four (4) districts to be elected at the second
school board election that occurs after the effective date of the
plan.
(j) The limitations set forth in this section are part of the plan, but
do not have to be specifically set forth in the plan. The plan must be
construed, if possible, to comply with this chapter. If a provision of the
plan or an application of the plan violates this chapter, the invalidity
does not affect the other provisions or applications of the plan that can
be given effect without the invalid provision or application. The
provisions of the plan are severable.
(k) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
plan or plan amendment;
the district boundaries are the description of the boundaries set forth in
the plan or plan amendment, not the boundaries shown on the map, to
the extent there is a conflict between the description and the map.
IC 3-5-10 applies to a plan established under this section.
SECTION 5. IC 20-23-7-4.5, AS ADDED BY P.L.271-2013,
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SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.5. (a) Not later than December 31, 2013, the
board of commissioners shall do the following:
(1) Send a copy of the school corporation's plan to the circuit
court clerk of each county in which the school corporation is
located.
(2) If any members of the governing body are elected from
election districts voted upon by only the registered voters residing
within the election district, certify that the election districts
comply with section 4 of this chapter.
(b) This subsection applies during the first year after a year in which
a federal decennial census is conducted. The board of commissioners
shall amend the plan under section 4 of this chapter if an amendment
is necessary to reestablish the districts in compliance with section 4 of
this chapter. If the board of commissioners determines that a plan
amendment under section 4 of this chapter is not required, the board of
commissioners shall recertify that the districts as established comply
with section 4 of this chapter.
(c) Each time the school corporation's plan is amended, the board of
commissioners shall file the following with the circuit court clerk of
each county in which the school corporation is located:
(1) A copy of the amendment.
(2) Either of the following:
(A) A certification that the plan amendment does not require
reestablishment of the school corporation's election districts to
comply with section 4 of this chapter.
(B) If the plan amendment requires reestablishment of the
school corporation's election districts to comply with section
4 of this chapter, a map of the new district boundaries.
(d) A plan amendment or recertification under this section must be
filed not later than thirty (30) days after the amendment or
recertification occurs.
(e) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
plan or plan amendment;
the district boundaries are the description of the boundaries set forth in
the plan or plan amendment, not the boundaries shown on the map, to
the extent there is a conflict between the description and the map.
IC 3-5-10 applies to a plan established under this section.
SECTION 6. IC 20-23-8-8.5, AS AMENDED BY P.L.278-2019,
SECTION 170, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE UPON PASSAGE]: Sec. 8.5. (a) The governing body
shall do the following:
(1) Send a copy of the school corporation's plan to the circuit
court clerk of each county in which the school corporation is
located.
(2) If any members of the governing body are elected from
election districts voted upon by only the registered voters residing
within the election district, certify that the election districts
comply with section 8 of this chapter.
(b) This subsection applies during the first year after a year in which
a federal decennial census is conducted. The governing body shall
amend the plan under section 8 of this chapter if an amendment is
necessary to reestablish the districts in compliance with section 8 of
this chapter. If the governing body determines that a plan amendment
under section 8 of this chapter is not required, the governing body shall
recertify that the districts as established comply with section 8 of this
chapter.
(c) Each time the school corporation's plan is amended, the
governing body shall file the following with the circuit court clerk of
each county in which the school corporation is located:
(1) A copy of the amendment.
(2) Either of the following:
(A) A certification that the plan amendment does not require
reestablishment of the school corporation's election districts to
comply with section 8 of this chapter.
(B) If the plan amendment requires reestablishment of the
school corporation's election districts to comply with section
8 of this chapter, a map of the new district boundaries.
(d) A plan amendment or recertification under this section must be
filed not later than thirty (30) days after the amendment or
recertification occurs.
(e) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
plan or plan amendment;
the district boundaries are the description of the boundaries set forth in
the plan or plan amendment, not the boundaries shown on the map, to
the extent there is a conflict between the description and the map.
IC 3-5-10 applies to a plan established under this section.
SECTION 7. IC 20-23-14-4.5, AS ADDED BY P.L.271-2013,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.5. (a) Until the first reapportionment
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redistricting required under this section, the school districts for the
election of the members of the governing body under section 3(b) of
this chapter are the districts set forth in section 4 of this chapter (before
its repeal).
(b) The governing body shall, by resolution, reapportion establish
the school districts and change their boundaries, if necessary, not later
than December 31 of the year immediately following the year in which
a decennial census is taken. at times permitted in IC 3-5-10.
(c) The school districts established must:
(1) be as near as practicable equal in population;
(2) have boundaries set forth in the text of the resolution; and
(3) comply with:
(A) the Constitution of the United States; and
(B) the Constitution of the State of Indiana;
including the equal protection clauses of both constitutions.
(d) The limitations set forth in this section are part of the resolution,
but do not have to be specifically set forth in the resolution. The
resolution must be construed, if possible, to comply with this chapter.
If a provision of the resolution or an application of the resolution
violates this chapter, the invalidity does not affect the other provisions
or applications of the resolution that can be given effect without the
invalid provision or application. The provisions of the resolution are
severable.
(e) This subsection applies during the first year after a year in which
a federal decennial census is conducted. The governing body shall
amend the resolution if an amendment is necessary to reapportion the
school districts and change their the school district boundaries to
comply with subsection (c). If the governing body determines that
reapportionment and changes to the boundaries of the school districts
are not required, the governing body shall recertify that the school
districts as established comply with subsection (c).
(f) Each time the governing body amends the resolution or makes a
recertification, the governing body shall file a copy of the following
with the board of elections and registration established by IC 3-6-5.2-3
not later than thirty (30) days after the amendment or recertification
occurs:
(1) A copy of the amendment or recertification.
(2) One (1) of the following:
(A) A certification that changes to the school district
boundaries as established are not required to comply with
subsection (c).
(B) If reapportionment of the school districts and changes to
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their boundaries are required to comply with subsection (c), a
map showing the boundaries of the new school districts.
(g) If a conflict exists between:
(1) a map showing the boundaries of a school district; and
(2) a description of the boundaries of that school district set forth
in the resolution or resolution amendment;
the school district boundaries are the description of the boundaries set
forth in the resolution or resolution amendment, not the boundaries
shown on the map, to the extent there is a conflict between the
description and the map. IC 3-5-10 applies to a plan established
under this section.
SECTION 8. IC 20-23-15-7.5, AS ADDED BY P.L.271-2013,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.5. (a) Not later than December 31, 2013, the
governing body shall do the following:
(1) Send a copy of the school corporation's plan to the circuit
court clerk of each county in which the school corporation is
located.
(2) If any members of the governing body are elected from
election districts voted upon by only the registered voters residing
within the election district, certify that the election districts
comply with section 7 of this chapter.
(b) This subsection applies during the first year after a year in which
a federal decennial census is conducted. The governing body shall
amend the plan if an amendment is necessary to reestablish the districts
in compliance with section 7 of this chapter. If the governing body
determines that a plan amendment is not required, the governing body
shall recertify that the districts as established comply with section 7 of
this chapter.
(c) Each time the school corporation's plan is amended, the
governing body shall file the following with the circuit court clerk of
each county in which the school corporation is located:
(1) A copy of the amendment.
(2) Either of the following:
(A) A certification that the plan amendment does not require
reestablishment of the school corporation's election districts to
comply with section 7 of this chapter.
(B) If the plan amendment requires reestablishment of the
school corporation's election districts to comply with section
7 of this chapter, a map of the new district boundaries.
(d) A plan amendment or recertification under this section must be
filed not later than thirty (30) days after the amendment or
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recertification occurs.
(e) The limitations set forth in this section are part of the plan, but
do not have to be specifically set forth in the plan. The plan must be
construed, if possible, to comply with this chapter. If a provision of the
plan or an application of the plan violates this chapter, the invalidity
does not affect the other provisions or applications of the plan that can
be given effect without the invalid provision or application. The
provisions of the plan are severable.
(f) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
plan or plan amendment;
the district boundaries are the description of the boundaries set forth in
the plan or plan amendment, not the boundaries shown on the map, to
the extent there is a conflict between the description and the map.
IC 3-5-10 applies to a plan established under this section.
SECTION 9. IC 20-25-3-4, AS AMENDED BY P.L.219-2013,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The board consists of seven (7)
members. A member:
(1) must be elected on a nonpartisan basis in general elections
held in the county as specified in this section; and
(2) serves a four (4) year term.
(b) Five (5) members shall be elected from the school board districts
in which the members reside, and two (2) members must be elected at
large. Not more than two (2) of the members who serve on the board
may reside in the same school board district.
(c) If a candidate runs for one (1) of the district positions on the
board, only eligible voters residing in the candidate's district may vote
for that candidate. If a person is a candidate for one (1) of the at-large
positions, eligible voters from all the districts may vote for that
candidate.
(d) If a candidate files to run for a position on the board, the
candidate must specify whether the candidate is running for a district
or an at-large position.
(e) A candidate who runs for a district or an at-large position wins
if the candidate receives the greatest number of votes of all the
candidates for the position.
(f) Districts shall be established within the school city by the state
board of school commissioners. The districts must be drawn on the
basis of precinct lines, and as nearly as practicable, of equal population
with the population of the largest district not to exceed the population
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of the smallest district by more than five percent (5%). District lines
must not cross precinct lines. The state board of school commissioners
shall establish:
(1) balloting procedures for the election under IC 3; and
(2) other procedures required to implement this section.
(g) A member of the board serves under section 3 of this chapter.
(h) In accordance with subsection (k), a vacancy in the board shall
be filled temporarily by the board as soon as practicable after the
vacancy occurs. The member chosen by the board to fill a vacancy
holds office until the member's successor is elected and qualified. The
successor shall be elected at the next regular school board election
occurring after the date on which the vacancy occurs. The successor
fills the vacancy for the remainder of the term.
(i) An individual elected to serve on the board begins the
individual's term on the date set in the school corporation's organization
plan. The date set in the organization plan for an elected member of the
board to take office may not be more than fourteen (14) months after
the date of the member's election. If the school corporation's
organization plan does not set a date for a member of the board to take
office, the member takes office January 1 immediately following the
individual's election.
(j) Notwithstanding any law to the contrary, each voter must cast a
vote for a school board candidate or school board candidates by voting
system or paper ballot. However, the same method used to cast votes
for all other offices for which candidates have qualified to be on the
election ballot must be used for the board offices.
(k) If a vacancy in the board exists because of the death of a
member, the remaining members of the board shall meet and select an
individual to fill the vacancy in accordance with subsection (h) after
the secretary of the board receives notice of the death under IC 5-8-6.
SECTION 10. IC 36-2-2-4, AS AMENDED BY P.L.271-2013,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) This subsection does not apply to a
county having a population of: the following counties:
(1) A county having a population of more than four hundred
thousand (400,000) but and less than seven hundred thousand
(700,000). or
(2) A county having a population of more than two hundred fifty
thousand (250,000) but less than two hundred seventy thousand
(270,000). two hundred fifty thousand (250,000) and less than
three hundred thousand (300,000).
The executive shall divide the county into three (3) districts that are
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composed of contiguous territory and are reasonably compact. The
district boundaries drawn by the executive must not cross precinct
boundary lines and must divide townships only when a division is
clearly necessary to accomplish redistricting under this section. If
necessary, the county auditor shall call a special meeting of the
executive to establish or revise districts.
(b) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but and less than seven hundred
thousand (700,000). A county redistricting commission shall divide the
county into three (3) single-member districts that comply with
subsection (d). The commission is composed of:
(1) the members of the Indiana election commission;
(2) two (2) members of the senate selected by the president pro
tempore, one (1) from each political party; and
(3) two (2) members of the house of representatives selected by
the speaker, one (1) from each political party.
The legislative members of the commission have no vote and may act
only in an advisory capacity. A majority vote of the voting members is
required for the commission to take action. The commission may meet
as frequently as necessary to perform its duty under this subsection.
The commission's members serve without additional compensation
above that provided for them as members of the Indiana election
commission, the senate, or the house of representatives.
(c) This subsection applies to a county having a population of more
than two hundred fifty thousand (250,000) but less than two hundred
seventy thousand (270,000). two hundred fifty thousand (250,000)
and less than three hundred thousand (300,00). The executive shall
divide the county into three (3) single-member districts that comply
with subsection (d).
(d) Single-member districts established under subsection (b) or (c)
must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) not cross precinct lines.
(e) Except as provided by subsection (g), (f), a division under
subsection (a), (b), or (c) shall be made
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county adopts an order declaring a county boundary
to be changed under IC 36-2-1-2.
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(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e). only at times
permitted under IC 3-5-10.
(g) This subsection applies during the first year after a year in which
a federal decennial census is conducted. (f) If the county executive or
county redistricting commission determines that a division under
subsection (e) is not required, the county executive or county
redistricting commission shall adopt an ordinance recertifying that the
districts as drawn comply with this section.
(h) (g) Each time there is a division under subsection (e) or (f) or a
recertification under subsection (g), (f), the county executive or county
redistricting commission shall file with the circuit court clerk of the
county, not later than thirty (30) days after the division or
recertification occurs, a map of the district boundaries:
(1) adopted under subsection (e); or (f); or
(2) recertified under subsection (g). (f).
(i) (h) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the ordinance.
The ordinance must be construed, if possible, to comply with this
chapter. If a provision of the ordinance or an application of the
ordinance violates this chapter, the invalidity does not affect the other
provisions or applications of the ordinance that can be given effect
without the invalid provision or application. The provisions of the
ordinance are severable.
(j) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth in
the ordinance, not the boundaries shown on the map, to the extent there
is a conflict between the description and the map.
(i) IC 3-5-10 applies to a plan established under this section.
SECTION 11. IC 36-2-2-4.5 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 4.5. (a) If any territory in a county is not included in
one (1) of the districts established under section 4 of this chapter, the
territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(b) If any territory in any county is included in more than one (1) of
the districts established under section 4 of this chapter, the territory is
included in the district that:
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(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under section 4 of this chapter;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
SECTION 12. IC 36-2-3-4, AS AMENDED BY P.L.278-2019,
SECTION 186, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) This subsection does not
apply to a county having a population of: the following counties:
(1) A county having a population of more than four hundred
thousand (400,000) but and less than seven hundred thousand
(700,000). or
(2) A county having a population of more than two hundred fifty
thousand (250,000) but less than two hundred seventy thousand
(270,000). two hundred fifty thousand (250,000) and less than
three hundred thousand (300,000).
The county executive shall, by ordinance, divide the county into four
(4) contiguous, single-member districts that comply with subsection
(d). If necessary, the county auditor shall call a special meeting of the
executive to establish or revise districts. One (1) member of the fiscal
body shall be elected by the voters of each of the four (4) districts.
Three (3) at-large members of the fiscal body shall be elected by the
voters of the whole county.
(b) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but and less than seven hundred
thousand (700,000). The county redistricting commission established
under IC 36-2-2-4 shall divide the county into seven (7) single-member
districts that comply with subsection (d). One (1) member of the fiscal
body shall be elected by the voters of each of these seven (7)
single-member districts.
(c) This subsection applies to a county having a population of more
than two hundred fifty thousand (250,000) but less than two hundred
seventy thousand (270,000). two hundred fifty thousand (250,000)
and less than three hundred thousand (300,000). The fiscal body
shall divide the county into nine (9) single-member districts that
comply with subsection (d). Three (3) of these districts must be
contained within each of the three (3) districts established under
IC 36-2-2-4(c). One (1) member of the fiscal body shall be elected by
the voters of each of these nine (9) single-member districts.
(d) Single-member districts established under subsection (a), (b), or
(c) must:
(1) be compact, subject only to natural boundary lines (such as
HEA 1285 — Concur 15
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population; and
(4) include whole townships, except when a division is clearly
necessary to accomplish redistricting under this section.
(e) Except as provided by subsection (g), (f), a division under
subsection (a), (b), or (c) shall be made
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county executive adopts an order declaring a county
boundary to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e). only at times
permitted under IC 3-5-10.
(g) This subsection applies during the first year after a year in which
a federal decennial census is conducted. (f) If the county executive,
county redistricting commission, or county fiscal body determines that
a division under subsection (e) is not required, the county executive,
county redistricting commission, or county fiscal body shall adopt an
ordinance recertifying that the districts as drawn comply with this
section.
(h) (g) Each time there is a division under subsection (e) or (f) or a
recertification under subsection (g), (f), the county executive, county
redistricting commission, or county fiscal body shall file with the
circuit court clerk of the county, not later than thirty (30) days after the
division or recertification occurs, a map of the district boundaries:
(1) adopted under subsection (e); or (f); or
(2) recertified under subsection (g). (f).
(i) (h) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the ordinance.
The ordinance must be construed, if possible, to comply with this
chapter. If a provision of the ordinance or an application of the
ordinance violates this chapter, the invalidity does not affect the other
provisions or applications of the ordinance that can be given effect
without the invalid provision or application. The provisions of the
ordinance are severable.
(j) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth in
HEA 1285 — Concur 16
the ordinance, not the boundaries shown on the map, to the extent there
is a conflict between the description and the map.
(i) IC 3-5-10 applies to a plan established under this section.
SECTION 13. IC 36-2-3-4.5 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 4.5. (a) If any territory in any county is not included
in one (1) of the districts established under section 4 of this chapter, the
territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(b) If any territory in any county is included in more than one (1) of
the districts established under section 4 of this chapter, the territory is
included in the district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under section 4 of this chapter;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
SECTION 14. IC 36-3-4-3, AS AMENDED BY P.L.2-2014,
SECTION 118, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The city-county
legislative body shall, by ordinance, divide the whole county into
twenty-five (25) districts that:
(1) are compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) do not cross precinct boundary lines.
Except as provided by subsection (f), this division shall be made before
the end of the second year after a year in which a federal decennial
census is conducted and may also be made at any other time, subject to
IC 3-11-1.5-32. only at times permitted under IC 3-5-10.
(b) The legislative body is composed of the following:
(1) Before January 1, 2016, twenty-five (25) members elected
from the districts established under subsection (a) and four (4)
members elected from an at-large district containing the whole
county.
(2) After December 31, 2015, twenty-five (25) members elected
from the districts established under subsection (a).
(c) Each voter of the county may vote for one (1) candidate from the
district in which the voter resides.
(d) If the legislative body fails to make the division before the date
HEA 1285 — Concur 17
prescribed by subsection (a) or the division is alleged to violate
subsection (a) or other law, a taxpayer or registered voter of the county
may petition the superior court of the county to hear and determine the
matter. The court shall hear and determine the matter as a five (5)
member panel of judges from the superior court. The clerk of the court
shall select the judges electronically and randomly. The clerk shall
maintain a record of the method and process used to select the judges
and shall make the record available for public inspection and copying.
Not more than three (3) members of the five (5) member panel of
judges may be of the same political party. The first judge selected shall
maintain the case file and preside over the proceedings. There may not
be a change of venue from the court or from the county. The court may
appoint a master to assist in its determination and may draw proper
district boundaries if necessary. An appeal from the court's judgment
must be taken within thirty (30) days, directly to the supreme court, in
the same manner as appeals from other actions.
(e) An election of the legislative body held under the ordinance or
court judgment determining districts that is in effect on the date of the
election is valid, regardless of whether the ordinance or judgment is
later determined to be invalid.
(f) This subsection applies during the second year after a year in
which a federal decennial census is conducted. If the legislative body
determines that a division under subsection (a) is not required, the
legislative body shall adopt an ordinance recertifying that the districts
as drawn comply with this section.
(g) Each time there is a division under subsection (a) or a
recertification under subsection (f), the legislative body shall file with
the circuit court clerk of the county, not later than thirty (30) days after
the division or recertification occurs, a map of the district boundaries:
(1) adopted under subsection (a); or
(2) recertified under subsection (f).
(h) The limitations set forth in this section are part of the ordinance,
but do not have to be specifically set forth in the ordinance. The
ordinance must be construed, if possible, to comply with this chapter.
If a provision of the ordinance or an application of the ordinance
violates this chapter, the invalidity does not affect the other provisions
or applications of the ordinance that can be given effect without the
invalid provision or application. The provisions of the ordinance are
severable.
(i) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
HEA 1285 — Concur 18
ordinance;
the district boundaries are the description of the boundaries set forth in
the ordinance, not the boundaries shown on the map, to the extent there
is a conflict between the description and the map. IC 3-5-10 applies to
a plan established under this section.
SECTION 15. IC 36-4-6-3, AS AMENDED BY P.L.271-2013,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) This section applies only to second class
cities.
(b) The legislative body shall adopt an ordinance to divide the city
into six (6) districts that:
(1) are composed of contiguous territory, except for territory that
is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a
precinct boundary line if:
(1) more than one (1) member of the legislative body elected from
the districts established under subsection (b) resides in one (1)
precinct established under IC 3-11-1.5 after the most recent
municipal election; and
(2) following the establishment of a legislative body district
whose boundary crosses a precinct boundary line, not more than
one (1) member of the legislative body elected from districts
resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a
precinct line if the districts would not otherwise contain, as nearly as
is possible, equal population.
(e) A city legislative body district with a boundary described by
subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that
the census block has no population, and is not likely to ever have
population.
(f) The legislative body may not adopt an ordinance dividing the city
into districts with boundaries described by subsection (c) or (d) unless
the clerk of the city mails a written notice to the circuit court clerk. The
notice must:
(1) state that the legislative body is considering the adoption of an
ordinance described by this subsection; and
HEA 1285 — Concur 19
(2) be mailed not later than ten (10) days before the legislative
body adopts the ordinance.
(g) Except as provided in subsection (l), (j), the division under
subsection (b) shall be made
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to IC 3-11-1.5-32.
only at times permitted under IC 3-5-10.
(h) The legislative body is composed of six (6) members elected
from the districts established under subsection (b) and three (3) at-large
members.
(i) Each voter of the city may vote for three (3) candidates for
at-large membership and one (1) candidate from the district in which
the voter resides. The three (3) at-large candidates receiving the most
votes from the whole city and the district candidates receiving the most
votes from their respective districts are elected to the legislative body.
(j) If any territory in the city is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(k) If any territory in the city is included in more than one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
(l) This subsection applies during the second year after a year in
which a federal decennial census is conducted. (j) If the legislative
body determines that a division under subsection (g) is not required,
the legislative body shall adopt an ordinance recertifying that the
districts as drawn comply with this section.
(m) (k) A copy of the ordinance establishing districts or a
recertification adopted under this section must be filed with the circuit
court clerk of the county that contains the greatest population of the
city not later than thirty (30) days after the ordinance or recertification
is adopted. The filing must include a map of the district boundaries:
(1) adopted under subsection (b); or
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(2) recertified under subsection (l). (j).
(n) (l) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the ordinance.
The ordinance must be construed, if possible, to comply with this
chapter. If a provision of the ordinance or an application of the
ordinance violates this chapter, the invalidity does not affect the other
provisions or applications of the ordinance that can be given effect
without the invalid provision or application. The provisions of the
ordinance are severable.
(o) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth in
the ordinance, not the boundaries shown on the map, to the extent there
is a conflict between the description and the map.
(m) IC 3-5-10 applies to a plan established under this section.
SECTION 16. IC 36-4-6-4, AS AMENDED BY P.L.271-2013,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) This section applies to third class cities,
except as provided by section 5 of this chapter.
(b) This subsection does not apply to a city with an ordinance
described by subsection (j) or (m). The legislative body shall adopt an
ordinance to divide the city into five (5) districts that:
(1) are composed of contiguous territory, except for territory that
is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a
precinct boundary line if:
(1) more than one (1) member of the legislative body elected from
the districts established under subsection (b), (j), or (m) resides in
one (1) precinct established under IC 3-11-1.5 after the most
recent municipal election; and
(2) following the establishment of a legislative body district
whose boundary crosses a precinct boundary line, not more than
one (1) member of the legislative body elected from the districts
resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a
precinct line if the districts would not otherwise contain, as nearly as
HEA 1285 — Concur 21
is possible, equal population.
(e) A city legislative body district with a boundary described by
subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that
the census block has no population, and is not likely to ever have
population.
(f) The legislative body may not adopt an ordinance dividing the city
into districts with boundaries described by subsection (c) or (d) unless
the clerk of the city mails a written notice to the circuit court clerk. The
notice must:
(1) state that the legislative body is considering the adoption of an
ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative
body adopts the ordinance.
(g) Except as provided in subsection (q), (o), the division under
subsection (b), (j), or (m) shall be made
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to IC 3-11-1.5-32.
only at times permitted under IC 3-5-10.
(h) This subsection does not apply to a city with an ordinance
described by subsection (j) or (m). The legislative body is composed of
five (5) members elected from the districts established under
subsection (b) and two (2) at-large members.
(i) This subsection does not apply to a city with an ordinance
described by subsection (j) or (m). Each voter of the city may vote for
two (2) candidates for at-large membership and one (1) candidate from
the district in which the voter resides. The two (2) at-large candidates
receiving the most votes from the whole city and the district candidates
receiving the most votes from their respective districts are elected to
the legislative body.
(j) A city may adopt an ordinance under this subsection to divide the
city into four (4) districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(k) This subsection applies to a city with an ordinance described by
subsection (j). The legislative body is composed of four (4) members
HEA 1285 — Concur 22
elected from the districts established under subsection (j) and three (3)
at-large members.
(l) This subsection applies to a city with an ordinance described by
subsection (j). Each voter of the city may vote for three (3) candidates
for at-large membership and one (1) candidate from the district in
which the voter resides. The three (3) at-large candidates receiving the
most votes from the whole city and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(m) This subsection applies only if the ordinance adopted under
IC 36-4-1.5-3 by the town legislative body of a town that has a
population of less than ten thousand (10,000) and that becomes a city
specifies that the city legislative body districts are governed by this
subsection. The ordinance adopted under IC 36-4-1.5-3(b)(1) dividing
the town into city legislative body districts may provide that:
(1) the city shall be divided into three (3) districts that:
(A) are composed of contiguous territory;
(B) are reasonably compact;
(C) do not cross precinct boundary lines, except as provided in
subsection (c) or (d); and
(D) contain, as nearly as is possible, equal population; and
(2) the legislative body of the city is composed of three (3)
members elected from the districts established under this
subsection and two (2) at-large members.
Each voter of the city may vote for two (2) candidates for at-large
membership and one (1) candidate from the district in which the voter
resides. The two (2) at-large candidates receiving the most votes from
the whole city and the district candidates receiving the most votes from
their respective districts are elected to the legislative body.
(n) A copy of the ordinance establishing districts or a recertification
adopted under this section must be filed with the circuit court clerk of
the county that contains the greatest population of the city no later than
thirty (30) days after the ordinance or recertification is adopted. The
filing must include a map of the district boundaries:
(1) adopted under subsection (b), (j), or (m); or
(2) recertified under subsection (q). (o).
(o) If any territory in the city is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
HEA 1285 — Concur 23
(p) If any territory in the city is included in more than one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
(q) This subsection applies during the second year after a year in
which a federal decennial census is conducted. (o) If the legislative
body determines that a division under subsection (g) is not required,
the legislative body shall adopt an ordinance recertifying that the
districts as drawn comply with this section.
(r) (p) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the ordinance.
The ordinance must be construed, if possible, to comply with this
chapter. If a provision of the ordinance or an application of the
ordinance violates this chapter, the invalidity does not affect the other
provisions or applications of the ordinance that can be given effect
without the invalid provision or application. The provisions of the
ordinance are severable.
(s) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth in
the ordinance, not the boundaries shown on the map, to the extent there
is a conflict between the description and the map.
(q) IC 3-5-10 applies to a plan established under this section.
SECTION 17. IC 36-4-6-5, AS AMENDED BY P.L.271-2013,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) This section applies to third class cities
having a population of less than ten thousand (10,000). The legislative
body of such a city may, by ordinance adopted after June 30, 2010, and
during a year in which an election of the legislative body will not
occur, decide to be governed by this section instead of section 4 of this
chapter. The legislative body districts created by an ordinance adopted
under this subsection apply to the first election of the legislative body
held after the date the ordinance is adopted. The clerk of the legislative
body shall send a certified copy of any ordinance adopted under this
subsection to the secretary of the county election board.
(b) This subsection does not apply to a city with an ordinance
HEA 1285 — Concur 24
described by subsection (j). The legislative body shall adopt an
ordinance to divide the city into four (4) districts that:
(1) are composed of contiguous territory, except for territory that
is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a
precinct boundary line if:
(1) more than one (1) member of the legislative body elected from
the districts established under subsection (b) or (j) resides in one
(1) precinct established under IC 3-11-1.5 after the most recent
municipal election; and
(2) following the establishment of a legislative body district
whose boundary crosses a precinct boundary line, not more than
one (1) member of the legislative body elected from the districts
resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a
precinct line if the districts would not otherwise contain, as nearly as
is possible, equal population.
(e) A city legislative body district with a boundary described by
subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that
the census block has no population, and is not likely to ever have
population.
(f) The legislative body may not adopt an ordinance dividing the city
into districts with boundaries described by subsection (c) or (d) unless
the clerk of the city mails a written notice to the circuit court clerk. The
notice must:
(1) state that the legislative body is considering the adoption of an
ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative
body adopts the ordinance.
(g) Except as provided in subsection (q), (o), the division under
subsection (b) or (j) shall be made
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to IC 3-11-1.5-32.
only at times permitted under IC 3-5-10.
HEA 1285 — Concur 25
(h) This subsection does not apply to a city with an ordinance
described by subsection (j). The legislative body is composed of four
(4) members elected from the districts established under subsection (b)
and one (1) at-large member.
(i) This subsection does not apply to a city with an ordinance
described by subsection (j). Each voter may vote for one (1) candidate
for at-large membership and one (1) candidate from the district in
which the voter resides. The at-large candidate receiving the most votes
from the whole city and the district candidates receiving the most votes
from their respective districts are elected to the legislative body.
(j) A city may adopt an ordinance under this subsection to divide the
city into three (3) districts that:
(1) are composed of contiguous territory, except for territory that
is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(k) This subsection applies to a city with an ordinance described by
subsection (j). The legislative body is composed of three (3) members
elected from the districts established under subsection (j) and two (2)
at-large members.
(l) This subsection applies to a city with an ordinance described by
subsection (j). Each voter of the city may vote for two (2) candidates
for at-large membership and one (1) candidate from the district in
which the voter resides. The two (2) at-large candidates receiving the
most votes from the whole city and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(m) This subsection applies to a city having a population of less than
seven thousand (7,000). A legislative body of such a city that has, by
resolution adopted before May 7, 1991, decided to continue an election
process that permits each voter of the city to vote for one (1) candidate
at large and one (1) candidate from each of its four (4) council districts
may hold elections using that voting arrangement. The at-large
candidate and the candidate from each district receiving the most votes
from the whole city are elected to the legislative body. The districts
established in cities adopting such a resolution may cross precinct
boundary lines.
(n) A copy of the ordinance establishing districts or a recertification
under this section must be filed with the circuit court clerk of the
county that contains the greatest population of the city not later than
HEA 1285 — Concur 26
thirty (30) days after the ordinance or recertification is adopted. The
filing must include a map of the district boundaries:
(1) adopted under subsection (b) or (j); or
(2) recertified under subsection (q). (o).
(o) If any territory in the city is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(p) If any territory in the city is included in more than one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
(q) This subsection applies during the second year after a year in
which a federal decennial census is conducted. (o) If the legislative
body determines that a division under subsection (b) or (j) is not
required, the legislative body shall adopt an ordinance recertifying that
the districts as drawn comply with this section.
(r) (p) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the ordinance.
The ordinance must be construed, if possible, to comply with this
chapter. If a provision of the ordinance or an application of the
ordinance violates this chapter, the invalidity does not affect the other
provisions or applications of the ordinance that can be given effect
without the invalid provision or application. The provisions of the
ordinance are severable.
(s) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth in
the ordinance, not the boundaries shown on the map, to the extent there
is a conflict between the description and the map.
(q) IC 3-5-10 applies to a plan established under this section.
SECTION 18. IC 36-5-2-4.1, AS AMENDED BY P.L.74-2017,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.1. (a) The legislative body may, by
HEA 1285 — Concur 27
ordinance, divide the town into districts for the purpose of conducting
elections of town officers.
(b) A town legislative body district must comply with the following
standards:
(1) The district must be composed of contiguous territory, except
for territory that is not contiguous to any other part of the town.
(2) The district must be reasonably compact.
(3) The district must contain, as nearly as is possible, equal
population.
(4) The district may not cross a census block boundary except
when following a precinct boundary line or unless the ordinance
specifies that the census block has no population and is not likely
to have population before the effective date of the next federal
decennial census.
(5) The district may not cross precinct lines, except as provided
in subsection (c).
(c) The boundary of a town legislative body district established
under subsection (a) may cross a precinct boundary line if:
(1) the legislative body provides by ordinance under section 5 of
this chapter that all legislative body members are to be elected at
large by the voters of the whole town; or
(2) the district would not otherwise contain, as nearly as is
possible, equal population.
(d) If any territory in the town is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(e) If any territory in the town is included in more than one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
(f) (e) The ordinance may be appealed in the manner prescribed by
IC 34-13-6. If the town is located in two (2) or more counties, the
appeal may be filed in the circuit or superior court of any of those
counties.
(g) (f) This subsection does not apply to a town with an ordinance
HEA 1285 — Concur 28
described by subsection (h). (g). Except as provided in subsection (k),
(j), the division permitted by subsection (a) shall be made
(1) during the second year after a year in which a federal
decennial census is conducted, subject to IC 3-11-1.5-32; and
(2) when required to assign annexed territory to a municipal
legislative body district.
The division may also be made in any other year. only at times
permitted under IC 3-5-10.
(h) (g) This subsection applies to a town having a population of less
than three thousand five hundred (3,500). The town legislative body
may adopt an ordinance providing that:
(1) town legislative body districts are abolished; and
(2) all members of the legislative body are elected at large.
(i) (h) An ordinance described by subsection (h): (g):
(1) may not be adopted or repealed during a year in which a
municipal election is scheduled to be conducted in the town under
IC 3-10-6 or IC 3-10-7; and
(2) is effective upon passage.
(j) (i) A copy of the ordinance establishing districts or a
recertification under this section must be filed with the circuit court
clerk of the county that contains the greatest population of the town not
later than thirty (30) days after the ordinance or recertification is
adopted. The filing must include a map of the district boundaries:
(1) adopted under subsection (a); or
(2) recertified under subsection (k). (j).
(k) This subsection applies during the second year after a year in
which a federal decennial census is conducted. (j) If the legislative
body determines that a division under subsection (a) is not required, the
legislative body shall adopt an ordinance recertifying that the districts
as drawn comply with this section.
(l) (k) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the ordinance.
The ordinance must be construed, if possible, to comply with this
chapter. If a provision of the ordinance or an application of the
ordinance violates this chapter, the invalidity does not affect the other
provisions or applications of the ordinance that can be given effect
without the invalid provision or application. The provisions of the
ordinance are severable.
(m) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
HEA 1285 — Concur 29
the district boundaries are the description of the boundaries set forth in
the ordinance, not the boundaries shown on the map, to the extent there
is a conflict between the description and the map.
(n) (l) This subsection applies to a town having a population of less
than three thousand five hundred (3,500). If the town legislative body
has not:
(1) adopted an ordinance under subsection (a) and subject to
subsection (g) (f) after December 31, 2011; or
(2) adopted an ordinance recertifying districts under subsection
(k) (j) after December 31, 2011;
the town legislative body districts are abolished, effective January 1,
2018. A town described by this subsection may adopt an ordinance to
establish town legislative body districts in accordance with subsection
(a) and subject to subsection (g) (f) after January 1, 2018.
(m) IC 3-5-10 applies to a plan established under this section.
SECTION 19. IC 36-6-6-2.5, AS AMENDED BY P.L.271-2013,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.5. (a) This section applies to townships in
a county containing a consolidated city.
(b) The legislative body shall adopt a resolution that divides the
township into legislative body districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) respect, as nearly as reasonably practicable, precinct boundary
lines; and
(4) contain, as nearly as reasonably practicable, equal population.
(c) Before a legislative body may adopt a resolution that divides a
township into legislative body districts, the secretary of the legislative
body shall mail a written notice to the circuit court clerk. This notice
must:
(1) state that the legislative body is considering the adoption of a
resolution to divide the township into legislative body districts;
and
(2) be mailed not later than ten (10) days before the legislative
body adopts the resolution.
(d) Except as provided in subsection (f), (e), the legislative body
shall make a division into legislative body districts at the following
times:
(1) During the second year after a year in which a federal
decennial census is conducted.
(2) Subject to IC 3-11-1.5-32.5, whenever the boundary of the
township changes.
HEA 1285 — Concur 30
(e) The legislative body may make the division under this section at
any time, subject to IC 3-11-1.5-32.5. only at times permitted under
IC 3-5-10.
(f) This subsection applies during the second year after a year in
which a federal decennial census is conducted. (e) If the legislative
body determines that a division is not required under subsection (b),
the legislative body shall adopt an ordinance recertifying that the
districts as drawn comply with this section.
(g) (f) Each time there is a division under subsection (b) or a
recertification under subsection (f), (e), the legislative body shall file
with the circuit court clerk of the county not later than thirty (30) days
after the adoption or recertification occurs a map of the district
boundaries:
(1) adopted under subsection (b); or
(2) recertified under subsection (f). (e).
(h) (g) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the ordinance.
The ordinance must be construed, if possible, to comply with this
chapter. If a provision of the ordinance or an application of the
ordinance violates this chapter, the invalidity does not affect the other
provisions or applications of the ordinance that can be given effect
without the invalid provision or application. The provisions of the
ordinance are severable.
(i) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth in
the ordinance, not the boundaries shown on the map, to the extent there
is a conflict between the description and the map.
(h) IC 3-5-10 applies to a plan established under this section.
SECTION 20. An emergency is declared for this act.
HEA 1285 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1285 — Concur