Indiana 2023 Regular Session

Indiana House Bill HB1131 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1131
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-1.5; IC 2-2.1-1-2.7; IC 3-3; IC 3-8.
7	7	Synopsis: Redistricting commission. Establishes a redistricting
8	8	commission (commission) to create, hold hearings on, take public
9	9	comment about, and recommend plans to redraw general assembly
10	10	districts and congressional districts. Provides for appointment of four
11	11	commission members by the legislative leadership. Establishes the
12	12	redistricting commission nominating committee (committee) to receive
13	13	applications from and evaluate applicants to fill the five remaining
14	14	positions on the commission. Provides for selection of those five
15	15	commission members from pools of applicants selected by the
16	16	committee. Requires the legislative services agency (agency) to provide
17	17	staff and administrative services to the commission. Establishes
18	18	standards to govern the commission and the agency in the creation of
19	19	redistricting plans. Provides that the general assembly must meet and
20	20	enact redistricting plans before October 1 of a redistricting year.
21	21	Authorizes the general assembly to convene in a session to act on
22	22	redistricting bills at times other than the times the general assembly is
23	23	currently authorized to meet. Repeals the current law establishing a
24	24	redistricting commission for congressional redistricting.
25	25	Effective: July 1, 2023.
26	26	Hamilton
27	27	January 10, 2023, read first time and referred to Committee on Elections and
28	28	Apportionment.
29	29	2023 IN 1131—LS 6448/DI 75 Introduced
30	30	First Regular Session of the 123rd General Assembly (2023)
31	31	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32	Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33	additions will appear in this style type, and deletions will appear in this style type.
34	34	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35	provision adopted), the text of the new provision will appear in this style type. Also, the
36	36	word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37	a new provision to the Indiana Code or the Indiana Constitution.
38	38	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39	between statutes enacted by the 2022 Regular Session of the General Assembly.
40	40	HOUSE BILL No. 1131
41	41	A BILL FOR AN ACT to amend the Indiana Code concerning the
42	42	general assembly.
43	43	Be it enacted by the General Assembly of the State of Indiana:
44	44	1 SECTION 1. IC 2-1.5 IS ADDED TO THE INDIANA CODE AS A
45	45	2 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
46	46	3 2023]:
47	47	4 ARTICLE 1.5. REDISTRICTING OF GENERAL ASSEMBLY
48	48	5 AND CONGRESSIONAL DISTRICTS
49	49	6 Chapter 1. Definitions
50	50	7 Sec. 1. The definitions in this chapter apply throughout this
51	51	8 article.
52	52	9 Sec. 2. "Agency" refers to the legislative services agency
53	53	10 established by IC 2-5-1.1-7.
54	54	11 Sec. 3. "Applicant pool" refers to any of the applicant pools
55	55	12 described in IC 2-1.5-2-7(b).
56	56	13 Sec. 4. "Appointing authority" refers to any of the following:
57	57	14 (1) The speaker of the house of representatives.
58	58	15 (2) The minority leader of the house of representatives.
59	59	16 (3) The president pro tempore of the senate.
60	60	17 (4) The minority leader of the senate.
61	61	2023 IN 1131—LS 6448/DI 75 2
62	62	1 Sec. 5. "Bureau" refers to the United States Department of
63	63	2 Commerce, Bureau of the Census.
64	64	3 Sec. 6. "Census data" means the population data that the
65	65	4 bureau is required to provide to the state under 13 U.S.C. 141.
66	66	5 Sec. 7. "Census year" refers to the year in which a federal
67	67	6 decennial census is conducted.
68	68	7 Sec. 8. (a) "Close relative" refers to the following relatives of an
69	69	8 individual:
70	70	9 (1) The individual's parent.
71	71	10 (2) The individual's spouse.
72	72	11 (3) The individual's children.
73	73	12 (b) A relative by adoption, half-blood, marriage, or remarriage
74	74	13 is considered as a relative of whole kinship.
75	75	14 Sec. 9. "Commission" refers to the redistricting commission
76	76	15 established by IC 2-1.5-3-1.
77	77	16 Sec. 10. "Committee" refers to the redistricting commission
78	78	17 nominating committee established by IC 2-1.5-2-1.
79	79	18 Sec. 11. "Federal decennial census" refers to a federal decennial
80	80	19 census conducted under 13 U.S.C. 141.
81	81	20 Sec. 12. "House of representatives" refers to the house of
82	82	21 representatives of the general assembly.
83	83	22 Sec. 13. "Ideal district population" for a plan refers to the
84	84	23 number equal to the quotient of the following, rounded to the
85	85	24 nearest whole number:
86	86	25 (1) The numerator is the population of Indiana as reported by
87	87	26 the most recent federal decennial census.
88	88	27 (2) The denominator is the number of districts required by
89	89	28 this article for the plan.
90	90	29 Sec. 14. "Nominee pool" refers to any of the nominee pools
91	91	30 described in IC 2-1.5-2-7(d).
92	92	31 Sec. 15. (a) "Plan" refers to any of the following:
93	93	32 (1) A plan for districts for the house of representatives.
94	94	33 (2) A plan for districts for the senate.
95	95	34 (3) A plan for congressional districts.
96	96	35 (b) A plan includes maps and written descriptions of the maps
97	97	36 that define all the districts that a plan is required to have under
98	98	37 this article.
99	99	38 Sec. 16. "Political subdivision" means a city, county, town, or
100	100	39 township.
101	101	40 Sec. 17. "Redistricting year" refers to the year immediately
102	102	41 following a census year.
103	103	42 Sec. 18. "Senate" refers to the senate of the general assembly.
104	104	2023 IN 1131—LS 6448/DI 75 3
105	105	1 Chapter 2. Redistricting Commission Nominating Committee
106	106	2 Sec. 1. The redistricting commission nominating committee is
107	107	3 established.
108	108	4 Sec. 2. (a) Before July 1 of a census year, the president of each
109	109	5 state educational institution shall designate an employee of the
110	110	6 president's state educational institution to serve as a member of the
111	111	7 committee. The president may not serve as a member of the
112	112	8 committee.
113	113	9 (b) An individual who serves as a member of the committee
114	114	10 serves at the pleasure of the president, and any of the president's
115	115	11 successors, of the state educational institution from which the
116	116	12 individual was designated.
117	117	13 (c) If a vacancy occurs on the committee, the president of the
118	118	14 state educational institution whose membership on the committee
119	119	15 is vacant shall, not later than fifteen (15) days after the vacancy
120	120	16 occurs, designate another employee of the president's state
121	121	17 educational institution to serve on the committee.
122	122	18 (d) Not later than seven (7) days after a president makes a
123	123	19 designation under this section, the president shall notify the
124	124	20 executive director of the agency of the name of the president's
125	125	21 designee. The agency shall publish the names of the committee
126	126	22 members on the general assembly's website.
127	127	23 Sec. 3. Not later than August 1 of a census year, the committee
128	128	24 shall meet and do the following:
129	129	25 (1) Select one (1) member of the committee to be the
130	130	26 committee's chair.
131	131	27 (2) Establish the committee's procedures.
132	132	28 (3) Perform the functions described in section 4 of this
133	133	29 chapter.
134	134	30 (4) Provide for other matters for conducting the committee's
135	135	31 business as the committee considers necessary or desirable.
136	136	32 Sec. 4. (a) The committee shall do the following:
137	137	33 (1) Establish a written procedure by which individuals who
138	138	34 are qualified to serve on the commission apply to serve on the
139	139	35 commission.
140	140	36 (2) Write a statement that describes all of the following:
141	141	37 (A) The purpose of the commission.
142	142	38 (B) The requirements of this article that apply to an
143	143	39 individual's membership on the commission.
144	144	40 (C) Other qualifications that an individual who wants to
145	145	41 serve on the commission should have.
146	146	42 (D) The process that the committee will use to evaluate the
147	147	2023 IN 1131—LS 6448/DI 75 4
148	148	1 qualifications of individuals who apply to serve on the
149	149	2 commission.
150	150	3 (E) All criteria the committee will use to evaluate the
151	151	4 qualifications of individuals who apply to serve on the
152	152	5 commission.
153	153	6 (F) Any other information the committee determines that
154	154	7 an applicant to serve on the commission should, or would
155	155	8 want to, know.
156	156	9 (3) Not later than September 1 of a census year, give to the
157	157	10 agency a copy of the written procedure established under
158	158	11 subdivision (1) and a copy of the statement written under
159	159	12 subdivision (2).
160	160	13 (b) The agency shall publish the written procedure and the
161	161	14 statement on the general assembly's website not later than
162	162	15 September 10 of the census year.
163	163	16 Sec. 5. An application form prescribed by the committee must
164	164	17 require an applicant to state whether the applicant is:
165	165	18 (1) a member of either of the major political parties (as
166	166	19 defined in IC 3-5-2-30); or
167	167	20 (2) not a member of either of the major political parties.
168	168	21 If an applicant states that the applicant is a member of either of the
169	169	22 major political parties, the applicant must state of which political
170	170	23 party the applicant is a member.
171	171	24 Sec. 6. An individual who wants to apply to be a commission
172	172	25 member must complete an application prescribed by the committee
173	173	26 not later than October 15 of the census year.
174	174	27 Sec. 7. (a) After October 15, but not later than December 31, of
175	175	28 the census year, the committee shall meet to evaluate the
176	176	29 applications the committee has received.
177	177	30 (b) The committee shall sort applicants into the following three
178	178	31 (3) applicant pools:
179	179	32 (1) Applicant pool 1 consists of all applicants who have
180	180	33 indicated on their applications that the applicant is a member
181	181	34 of the political party whose candidate for secretary of state at
182	182	35 the most recent election for secretary of state received the
183	183	36 greatest number of votes.
184	184	37 (2) Applicant pool 2 consists of all applicants who have
185	185	38 indicated on their applications that the applicant is a member
186	186	39 of the political party whose candidate for secretary of state at
187	187	40 the most recent election for secretary of state received the
188	188	41 second greatest number of votes.
189	189	42 (3) Applicant pool 3 consists of all applicants who have
190	190	2023 IN 1131—LS 6448/DI 75 5
191	191	1 indicated on their applications that the applicant is not a
192	192	2 member of either political party described in subdivision (1)
193	193	3 or (2).
194	194	4 (c) The committee shall determine, for each applicant pool, the
195	195	5 seven (7) individuals who, in the committee's judgment, best satisfy
196	196	6 the qualifications and criteria established under section 4 of this
197	197	7 chapter. In making its determinations under this section, the
198	198	8 committee shall seek to reflect the geographic, minority, and
199	199	9 gender diversity of Indiana.
200	200	10 (d) Except as provided in subsection (e), for purposes of this
201	201	11 article, the following apply:
202	202	12 (1) Nominee pool 1 consists of the seven (7) individuals
203	203	13 selected under subsection (c) from applicant pool 1.
204	204	14 (2) Nominee pool 2 consists of the seven (7) individuals
205	205	15 selected under subsection (c) from applicant pool 2.
206	206	16 (3) Nominee pool 3 consists of the seven (7) individuals
207	207	17 selected under subsection (c) from applicant pool 3.
208	208	18 (e) If a particular applicant pool does not include at least seven
209	209	19 (7) individuals who are qualified under this article to serve on the
210	210	20 commission, the corresponding nominee pool consists of all
211	211	21 individuals from the applicant pool the committee determines
212	212	22 satisfy the qualifications and criteria established under section 4 of
213	213	23 this chapter.
214	214	24 (f) Not later than December 31 of the census year, the committee
215	215	25 shall certify to the executive director of the agency the names of the
216	216	26 individuals selected under subsection (c), sorted by nominee pools.
217	217	27 The agency shall publish the list of individuals in each nominee
218	218	28 pool on the general assembly's website.
219	219	29 Sec. 8. (a) The committee may meet as often as necessary to
220	220	30 perform the committee's duties at the call of either of the
221	221	31 following:
222	222	32 (1) The committee's chair.
223	223	33 (2) Any two (2) committee members other than the
224	224	34 committee's chair.
225	225	35 (b) If the position of the committee's chair becomes vacant, the
226	226	36 committee shall select one (1) of its remaining members as chair at
227	227	37 the committee's next meeting.
228	228	38 (c) Four (4) committee members constitute a quorum of the
229	229	39 committee.
230	230	40 (d) IC 5-14-1.5 and IC 5-14-3 apply to the committee's meetings
231	231	41 and records.
232	232	42 (e) Except as otherwise provided in subsection (f), the state
233	233	2023 IN 1131—LS 6448/DI 75 6
234	234	1 educational institutions shall jointly share the costs of the
235	235	2 committee's operations as determined jointly by the presidents of
236	236	3 the state educational institutions.
237	237	4 (f) A member of the committee shall be compensated and be
238	238	5 reimbursed for expenses as determined by the state educational
239	239	6 institution president who designated the committee member.
240	240	7 Chapter 3. Redistricting Commission
241	241	8 Sec. 1. A redistricting commission is established as provided in
242	242	9 this chapter.
243	243	10 Sec. 2. (a) Not later than January 10 of a redistricting year, each
244	244	11 of the appointing authorities shall appoint one (1) individual to be
245	245	12 a commission member. Each of the appointing authorities shall
246	246	13 certify to the executive director of the agency the name of the
247	247	14 individual appointed by the appointing authority.
248	248	15 (b) Four (4) members of the commission shall be selected as
249	249	16 provided in this subsection. Not later than January 15 of a
250	250	17 redistricting year, the four (4) members of the commission
251	251	18 appointed under subsection (a) shall meet at the call of the
252	252	19 executive director of the agency and do the following:
253	253	20 (1) One (1) commission member, as determined by the four (4)
254	254	21 members, shall randomly select the name of an individual
255	255	22 from nominee pool 1.
256	256	23 (2) Another commission member, as determined by the four
257	257	24 (4) members, shall randomly select the name of an individual
258	258	25 from nominee pool 2.
259	259	26 (3) Each of the two (2) remaining commission members shall
260	260	27 randomly select a name of an individual from nominee pool 3.
261	261	28 (c) If any of the nominee pools is empty before the selection
262	262	29 required by subsection (b), the remaining nominee pools shall be
263	263	30 consolidated and all selections required under subsection (b) shall
264	264	31 come from the consolidated nominee pool.
265	265	32 (d) The individuals whose names have been selected under
266	266	33 subsection (b) or (c) are considered appointed to the commission.
267	267	34 The executive director of the agency shall notify each of the
268	268	35 individuals appointed under this subsection of the appointment.
269	269	36 (e) The agency shall determine the random method for selecting
270	270	37 the names of individuals from their respective pools under
271	271	38 subsection (b) or (c).
272	272	39 (f) Not later than February 15 of a redistricting year, the
273	273	40 members appointed under subsections (a) and (d) shall meet to
274	274	41 appoint the commission's chair. The members shall meet at the call
275	275	42 of the executive director of the agency.
276	276	2023 IN 1131—LS 6448/DI 75 7
277	277	1 (g) The chair may be a member appointed to the commission
278	278	2 under subsection (d), or another individual from any of the
279	279	3 nominee pools, but may not be a member appointed to the
280	280	4 commission under subsection (a). If the commission selects as the
281	281	5 chair a member appointed to the commission under subsection (d),
282	282	6 the commission shall appoint to the commission by majority vote
283	283	7 another applicant from any of the nominee pools. The commission
284	284	8 shall certify to the executive director of the agency the appointment
285	285	9 of the commission's chair and the other commission member, if
286	286	10 any, selected under this subsection, and the executive director of
287	287	11 the agency shall notify the individual of the appointment.
288	288	12 (h) In selecting individuals for appointment under subsection
289	289	13 (a), and in making any appointments under subsection (g), the
290	290	14 appointing authorities and the commission members shall seek to
291	291	15 optimize the geographic, minority, and gender diversity of the
292	292	16 commission.
293	293	17 Sec. 3. To serve on the commission, an individual must be a
294	294	18 resident of Indiana.
295	295	19 Sec. 4. (a) The definitions in IC 3-5-2 apply throughout this
296	296	20 section.
297	297	21 (b) An individual may not serve on the commission if the
298	298	22 individual has been any of the following at any time less than six (6)
299	299	23 years before the individual's appointment to the commission:
300	300	24 (1) A member of the general assembly or the Congress of the
301	301	25 United States.
302	302	26 (2) A candidate for election to the general assembly or the
303	303	27 Congress of the United States.
304	304	28 (3) The holder of a state office (as defined in IC 3-5-2-48).
305	305	29 (4) An appointed public official.
306	306	30 (5) An employee of any of the following:
307	307	31 (A) The general assembly.
308	308	32 (B) A member of the Congress of the United States from
309	309	33 Indiana.
310	310	34 (C) A United States senator representing Indiana.
311	311	35 (6) The chairman or treasurer of a candidate's committee of
312	312	36 a candidate for election to the general assembly or the
313	313	37 Congress of the United States as required by IC 3-9-1 or
314	314	38 federal law.
315	315	39 (7) A precinct committeeman or a precinct vice
316	316	40 committeeman.
317	317	41 (8) A member of a candidate's committee.
318	318	42 (9) A member of a central committee.
319	319	2023 IN 1131—LS 6448/DI 75 8
320	320	1 (10) A member of a national committee of a political party.
321	321	2 (11) An employee or an agent of a political party or of an
322	322	3 entity described in subdivision (8), (9), or (10).
323	323	4 (12) An individual who is either of the following:
324	324	5 (A) A paid consultant of an entity or individual described
325	325	6 in subdivision (8), (9), (10), or (11).
326	326	7 (B) An employee of a paid consultant of an entity or
327	327	8 individual described in subdivision (8), (9), (10), or (11).
328	328	9 (13) An individual registered as a lobbyist under IC 2-7.
329	329	10 (14) An individual who is a close relative of an individual
330	330	11 described in subdivisions (1) through (13).
331	331	12 Sec. 5. (a) Before undertaking duties as a commission member,
332	332	13 an individual appointed under section 2 or 8 of this chapter must
333	333	14 do each of the following:
334	334	15 (1) Take an oath of office.
335	335	16 (2) Make an affirmation that the individual will:
336	336	17 (A) apply the provisions of this article in an honest and
337	337	18 independent manner; and
338	338	19 (B) uphold public confidence in the integrity of the
339	339	20 redistricting process.
340	340	21 (3) Make a written pledge that the individual will not be a
341	341	22 candidate for:
342	342	23 (A) election to the general assembly; or
343	343	24 (B) selection to fill a vacancy in the general assembly;
344	344	25 at any time before the second election for members of the
345	345	26 general assembly after the individual's appointment to the
346	346	27 commission.
347	347	28 (4) Make a written pledge that the individual will not do any
348	348	29 of the following until plans are adopted as provided in this
349	349	30 article:
350	350	31 (A) Make a contribution (as defined in IC 3-5-2-15).
351	351	32 (B) Make a political contribution to any candidate for a
352	352	33 federal office.
353	353	34 (C) Attend any function relating to the election of a
354	354	35 candidate.
355	355	36 (D) Serve in any capacity described in section 4 of this
356	356	37 chapter.
357	357	38 (b) A member's oath, affirmation, and pledge shall be filed with
358	358	39 the agency.
359	359	40 Sec. 6. An individual serves as a commission member until the
360	360	41 earliest of the following:
361	361	42 (1) The individual resigns the individual's membership on the
362	362	2023 IN 1131—LS 6448/DI 75 9
363	363	1 commission.
364	364	2 (2) The individual is removed as a member of the commission
365	365	3 under section 7 of this chapter.
366	366	4 (3) A new commission is appointed under this chapter
367	367	5 following a federal decennial census.
368	368	6 Sec. 7. (a) A commission member may be removed from office
369	369	7 for any of the following:
370	370	8 (1) Substantial neglect of duty.
371	371	9 (2) Gross misconduct in office.
372	372	10 (3) Inability to discharge the duties of a member of the
373	373	11 commission.
374	374	12 (4) Becoming a candidate in violation of the commission
375	375	13 member's pledge under section 5(a)(3) of this chapter.
376	376	14 (5) Taking an action in violation of the commission member's
377	377	15 pledge under section 5(a)(4) of this chapter.
378	378	16 (6) Ceasing to be a resident of Indiana as required by section
379	379	17 3 of this chapter.
380	380	18 (7) Being convicted of an action that would result in the
381	381	19 removal of a public officer under IC 5-8-1-38 or IC 5-8-3-1.
382	382	20 (b) The supreme court has original and exclusive jurisdiction to
383	383	21 remove a commission member. Any resident of Indiana may seek
384	384	22 to remove a commission member by filing a verified complaint
385	385	23 with the clerk of the supreme court and serving the agency with a
386	386	24 copy. The agency shall immediately transmit a copy of the
387	387	25 complaint to all commission members by electronic mail or by a
388	388	26 faster method, if available.
389	389	27 (c) The supreme court may decide the matter by summary
390	390	28 disposition, or after a hearing, if necessary, under such procedures
391	391	29 as the supreme court establishes by rule or order to resolve the
392	392	30 matter. The supreme court shall decide the matter as expeditiously
393	393	31 as possible, but not later than seven (7) days after the date the
394	394	32 complaint is filed, in order to permit the commission to complete
395	395	33 its duties under the schedule established by IC 2-1.5-4.
396	396	34 Sec. 8. (a) If a vacancy occurs in the position of a commission
397	397	35 member who was appointed under section 2(a) of this chapter, the
398	398	36 leader of the caucus whose leader appointed the member whose
399	399	37 position is vacant shall appoint an individual to fill the vacancy:
400	400	38 (1) not later than fifteen (15) days after the vacancy occurs;
401	401	39 and
402	402	40 (2) in the same manner described in section 2(a) of this
403	403	41 chapter.
404	404	42 (b) If a vacancy occurs in the position of a commission member
405	405	2023 IN 1131—LS 6448/DI 75 10
406	406	1 who was appointed under section 2(d) of this chapter, the
407	407	2 commission shall do both of the following:
408	408	3 (1) Not later than fifteen (15) days after the vacancy occurs
409	409	4 either:
410	410	5 (A) appoint an individual from any of the nominee pools to
411	411	6 fill the vacancy; or
412	412	7 (B) if no individual described in clause (A) meets the
413	413	8 qualifications of this article or is available to serve, appoint
414	414	9 any individual qualified under this article to fill the
415	415	10 vacancy.
416	416	11 (2) Certify to the executive director of the agency the
417	417	12 appointment of the individual to the commission.
418	418	13 (c) If the position of commission chair becomes vacant, the
419	419	14 commission shall appoint an individual to fill the vacancy:
420	420	15 (1) not later than fifteen (15) days after the vacancy occurs;
421	421	16 and
422	422	17 (2) either from:
423	423	18 (A) the remaining members of the commission appointed
424	424	19 under section 2(d) of this chapter; or
425	425	20 (B) any of the nominee pools.
426	426	21 Sec. 9. The affirmative vote of seven (7) commission members
427	427	22 is necessary for the commission to take official action.
428	428	23 Sec. 10. Each commission member is entitled to receive the same
429	429	24 per diem, mileage, and travel allowances paid to members of the
430	430	25 general assembly serving on interim study committees established
431	431	26 by the legislative council.
432	432	27 Sec. 11. (a) The agency shall provide the commission with staff
433	433	28 and administrative services.
434	434	29 (b) The expenses of the commission shall be paid out of amounts
435	435	30 appropriated to the legislative council or the agency, including the
436	436	31 costs of litigation (if any).
437	437	32 Sec. 12. (a) The general assembly intends that each commission
438	438	33 member not communicate with any individual described in
439	439	34 subsection (c), directly or indirectly, regarding redistricting, other
440	440	35 than during a public meeting of the commission. However, the
441	441	36 general assembly also recognizes that such communications could
442	442	37 happen inadvertently and without intent to violate this article. The
443	443	38 general assembly therefore enacts this section to maintain the
444	444	39 public's confidence in the redistricting process established by this
445	445	40 article.
446	446	41 (b) The definitions in IC 3-5-2 apply throughout this section.
447	447	42 (c) A commission member who has communicated, directly or
448	448	2023 IN 1131—LS 6448/DI 75 11
449	449	1 indirectly, regarding redistricting with any of the following, other
450	450	2 than during a public meeting of the commission, shall take the
451	451	3 action described in subsection (d):
452	452	4 (1) A member of the Congress of the United States.
453	453	5 (2) A member of the general assembly.
454	454	6 (3) An individual who holds any other public office.
455	455	7 (4) An individual who has held a public office described in
456	456	8 subdivision (1), (2), or (3).
457	457	9 (5) A candidate for a public office described in subdivision (1),
458	458	10 (2), or (3).
459	459	11 (6) An individual otherwise described in section 4 of this
460	460	12 chapter, other than an employee of the agency acting within
461	461	13 the scope of the employee's responsibilities under section 11
462	462	14 of this chapter.
463	463	15 (d) If a commission member communicates regarding
464	464	16 redistricting with an individual described in subsection (c), the
465	465	17 commission member shall do the following:
466	466	18 (1) If the communication is written or electronic material,
467	467	19 instruct that the written or electronic material be placed in
468	468	20 the commission's public records.
469	469	21 (2) If the communication is other than written or electronic
470	470	22 material, place a verified written description of the
471	471	23 communication in the commission's public records. The
472	472	24 verified written description must include the following
473	473	25 information:
474	474	26 (A) The name of the individual with whom the
475	475	27 communication occurred.
476	476	28 (B) The date and approximate time of the communication.
477	477	29 (C) A description of the nature and substance of the
478	478	30 communication.
479	479	31 (e) A commission member required to act under subsection (d)
480	480	32 must take that action not later than five (5) days after the
481	481	33 commission member becomes aware that a communication subject
482	482	34 to this section has occurred.
483	483	35 (f) A commission member who fails to comply with this section
484	484	36 commits gross misconduct in office and is subject to removal from
485	485	37 the commission under section 7 of this chapter.
486	486	38 Chapter 4. Redistricting Procedure
487	487	39 Sec. 1. (a) Before January 1 of a redistricting year, the agency
488	488	40 shall do the following:
489	489	41 (1) Acquire any hardware, software, and supplies necessary
490	490	42 to assist the commission in the performance of the
491	491	2023 IN 1131—LS 6448/DI 75 12
492	492	1 commission's duties under this article.
493	493	2 (2) Establish an Internet based redistricting portal to:
494	494	3 (A) assist the public in drawing maps and providing input
495	495	4 on the redistricting process; and
496	496	5 (B) allow members of the public to upload their own maps.
497	497	6 (b) At any time, the agency may acquire additional hardware,
498	498	7 software, and supplies the executive director of the agency
499	499	8 considers necessary to assist the commission in performance of the
500	500	9 commission's duties under this article.
501	501	10 Sec. 2. (a) Not later than March 15 of a redistricting year, the
502	502	11 commission's chair shall convene the commission to do the
503	503	12 following:
504	504	13 (1) Organize the commission.
505	505	14 (2) Receive reports from the agency concerning the following:
506	506	15 (A) Information relating to the receipt of census data from
507	507	16 the bureau.
508	508	17 (B) The readiness of the agency to assist the commission's
509	509	18 work.
510	510	19 (C) Any other matter on which a report is requested by the
511	511	20 commission.
512	512	21 (3) Provide initial instructions to the agency regarding the
513	513	22 commission's work.
514	514	23 (4) Schedule hearings required or permitted under section 5
515	515	24 of this chapter.
516	516	25 (5) Schedule other meetings the commission considers
517	517	26 necessary.
518	518	27 (6) Schedule the receipt of maps from the public.
519	519	28 (b) IC 5-14-1.5 (the open door law) applies to the commission's
520	520	29 meetings.
521	521	30 (c) The commission's records shall be made available for
522	522	31 inspection and copying in accordance with IC 5-14-3.
523	523	32 Sec. 3. If the agency must make a decision on a question for
524	524	33 which no clearly applicable provision of this article or instruction
525	525	34 of the commission provides an answer, the executive director of the
526	526	35 agency shall submit a written request to the commission for
527	527	36 direction.
528	528	37 Sec. 4. (a) The agency shall do the following:
529	529	38 (1) Create maps of legislative district plans and congressional
530	530	39 district plans that conform to this article and the
531	531	40 commission's instructions.
532	532	41 (2) Prepare written descriptions of the maps created under
533	533	42 subdivision (1).
534	534	2023 IN 1131—LS 6448/DI 75 13
535	535	1 (3) Evaluate maps submitted by the public for conformance
536	536	2 with the standards set forth in IC 2-1.5-5.
537	537	3 (b) The agency shall produce as many different plans as the
538	538	4 commission instructs:
539	539	5 (1) not earlier than May 1 of a redistricting year; and
540	540	6 (2) not later than May 15 of the redistricting year.
541	541	7 (c) The agency shall publish the maps and descriptions:
542	542	8 (1) prepared for the commission by the agency; and
543	543	9 (2) submitted to the commission from the public;
544	544	10 as directed by the commission not later than May 15 of a
545	545	11 redistricting year.
546	546	12 Sec. 5. (a) As directed by the commission, the agency shall
547	547	13 receive for the commission written public comments regarding the
548	548	14 plans after publication of the plans.
549	549	15 (b) The commission shall provide for at least one (1) public
550	550	16 hearing in each Indiana congressional district, and an additional
551	551	17 meeting in Marion County, as determined by the commission. At
552	552	18 least two (2) commission members shall be present at each public
553	553	19 hearing, and a commission member shall preside at and conduct
554	554	20 the hearing. The hearings shall be held not later than June 30 of a
555	555	21 redistricting year and shall be recorded and made available live
556	556	22 and archived for public viewing on the Internet.
557	557	23 (c) The commission may hold hearings in addition to the
558	558	24 hearings required by subsection (b).
559	559	25 (d) The commission shall do the following at any hearing held
560	560	26 under this section:
561	561	27 (1) Explain the redistricting procedure.
562	562	28 (2) Present the plans prepared for the commission by the
563	563	29 agency.
564	564	30 (3) Have available the plans submitted by the public and the
565	565	31 agency's evaluation of those plans.
566	566	32 (4) Hear public comments and suggestions.
567	567	33 (e) The commission may take other actions the commission
568	568	34 considers appropriate to do the following:
569	569	35 (1) Explain the redistricting procedure or the plans to the
570	570	36 public.
571	571	37 (2) Receive public comments and suggestions.
572	572	38 (f) The commission may modify, with or without additional
573	573	39 public hearings under this section, the maps published under
574	574	40 section 4 of this chapter to:
575	575	41 (1) incorporate any public comments and suggestions adopted
576	576	42 by the commission; or
577	577	2023 IN 1131—LS 6448/DI 75 14
578	578	1 (2) comply with the federal Voting Rights Act in accordance
579	579	2 with IC 2-1.5-5-10(b).
580	580	3 The commission shall adopt any modifications made under this
581	581	4 subsection in a public meeting.
582	582	5 (g) The commission shall give public notice of a meeting held
583	583	6 under this section not later than ten (10) days before the date of the
584	584	7 meeting.
585	585	8 Sec. 6. (a) Not later than August 1 of a redistricting year, the
586	586	9 commission shall meet to adopt a report for the general assembly.
587	587	10 The report must include the following:
588	588	11 (1) A summary of the commission's and the agency's
589	589	12 preparation for the commission's work.
590	590	13 (2) A description of the hearings held under section 5 of this
591	591	14 chapter.
592	592	15 (3) A summary of the public comments and suggestions
593	593	16 received in writing and at the hearings.
594	594	17 (4) The commission's recommendation to the general
595	595	18 assembly for each of the following:
596	596	19 (A) A district plan for the house of representatives.
597	597	20 (B) A district plan for the senate.
598	598	21 (C) A congressional district plan.
599	599	22 (5) Maps for each plan, including both a statewide map and a
600	600	23 map for each district.
601	601	24 (6) A bill that would enact each of the plans.
602	602	25 (b) The commission shall recommend to the general assembly
603	603	26 the plan the commission considers the best in meeting the
604	604	27 standards set forth in IC 2-1.5-5.
605	605	28 (c) The commission may include any other information in the
606	606	29 report the commission considers useful to explain the commission's
607	607	30 work or recommendations.
608	608	31 (d) The report required by this section must be submitted to the
609	609	32 legislative council in an electronic format under IC 5-14-6.
610	610	33 Sec. 7. (a) If, for any reason, an appointing authority, the
611	611	34 committee, the agency, the commission, or the general assembly is
612	612	35 unable to complete a duty required under this article or
613	613	36 IC 2-2.1-1-2.7 before the deadline specified by law, the appointing
614	614	37 authority, committee, agency, commission, or general assembly, as
615	615	38 applicable, shall expedite completion of the requirement as soon as
616	616	39 practicable after the deadline.
617	617	40 (b) If a court invalidates a plan after October 1 of a redistricting
618	618	41 year, the commission and the general assembly shall take all
619	619	42 necessary action to expedite the adoption of a plan to replace the
620	620	2023 IN 1131—LS 6448/DI 75 15
621	621	1 invalidated plan.
622	622	2 Chapter 5. Redistricting Standards
623	623	3 Sec. 1. Districts created for the house of representatives, the
624	624	4 senate, and the United States House of Representatives must
625	625	5 comply with the standards of this chapter.
626	626	6 Sec. 2. (a) A plan for house of representatives districts must
627	627	7 provide for one hundred (100) districts.
628	628	8 (b) A plan for senate districts must provide for fifty (50)
629	629	9 districts.
630	630	10 (c) A plan for congressional districts must provide for as many
631	631	11 districts as are allocated to Indiana under 2 U.S.C. 2a.
632	632	12 Sec. 3. Districts must be established on the basis of population.
633	633	13 Sec. 4. Except as provided by section 10 of this chapter, the
634	634	14 population of a district of the house of representatives or the senate
635	635	15 may not deviate from the ideal district population by more than
636	636	16 two percent (2%) of the ideal district population.
637	637	17 Sec. 5. (a) Districts must be composed of contiguous territory.
638	638	18 (b) Areas that meet only at the point of adjoining corners are
639	639	19 not considered contiguous.
640	640	20 Sec. 6. Districts must be as compact as possible to the extent
641	641	21 practicable while considering other provisions of this chapter and
642	642	22 the federal Voting Rights Act.
643	643	23 Sec. 7. Districts must not breach precinct boundaries.
644	644	24 Sec. 8. To the extent possible consistent with sections 3 through
645	645	25 7 of this chapter, district boundaries must seek to coincide with the
646	646	26 boundaries of Indiana political subdivisions as follows:
647	647	27 (1) The commission shall seek to minimize the number of
648	648	28 counties and cities divided among more than one (1) district.
649	649	29 (2) Except as provided in subdivision (3), if there is a choice
650	650	30 between political subdivisions to be divided, a more populous
651	651	31 political subdivision shall be divided before a less populous
652	652	32 political subdivision is divided.
653	653	33 (3) Subdivision (2) does not apply to a district boundary
654	654	34 drawn along a county line that passes through a municipality
655	655	35 that lies in more than one (1) county.
656	656	36 Sec. 9. A plan for senate districts may not include a senate
657	657	37 district that includes the residence address of two (2) or more
658	658	38 senators, one (1) or more of whose term of office expires at the
659	659	39 second general election held after the redistricting year.
660	660	40 Sec. 10. (a) In evaluating plans for recommendation, the
661	661	41 commission shall consider the effect that a plan has on language
662	662	42 minority groups and racial minority groups as required by the
663	663	2023 IN 1131—LS 6448/DI 75 16
664	664	1 federal Voting Rights Act.
665	665	2 (b) Except as provided in this subsection, the commission and
666	666	3 the agency may not consider past election results in preparing
667	667	4 proposed maps of legislative district plans and congressional
668	668	5 district plans. After the maps have been published under
669	669	6 IC 2-1.5-4-4, the agency shall review past election results to
670	670	7 evaluate the proposed maps for compliance with the federal Voting
671	671	8 Rights Act, and if necessary, shall recommend to the commission
672	672	9 one (1) or more modifications to the maps to bring the maps into
673	673	10 compliance with the federal Voting Rights Act. The modifications
674	674	11 recommended under this subsection may include population
675	675	12 deviations greater than those imposed under section 4 of this
676	676	13 chapter. However, the population deviations may not exceed ten
677	677	14 percent (10%).
678	678	15 SECTION 2. IC 2-2.1-1-2.7 IS ADDED TO THE INDIANA CODE
679	679	16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
680	680	17 1, 2023]: Sec. 2.7. (a) The definitions in IC 2-1.5-1 apply throughout
681	681	18 this section.
682	682	19 (b) Before October 1 of a redistricting year, the general
683	683	20 assembly shall convene and enact bills to establish the following:
684	684	21 (1) House of representatives districts.
685	685	22 (2) Senate districts.
686	686	23 (3) Congressional districts.
687	687	24 (c) A bill to enact a redistricting plan recommended by the
688	688	25 redistricting commission under IC 2-1.5-4 must be introduced in,
689	689	26 considered by, and voted on by each house of the general assembly,
690	690	27 without amendment, except amendments of a technical nature.
691	691	28 (d) If the general assembly does not enact the redistricting plan
692	692	29 recommended by the redistricting commission under IC 2-1.5-4,
693	693	30 the general assembly shall provide, not later than two (2) days after
694	694	31 the general assembly fails to enact the recommended plan, written
695	695	32 comments to the redistricting commission concerning the reason or
696	696	33 reasons why the recommended plan was not enacted.
697	697	34 (e) Not later than fifteen (15) days after receiving the general
698	698	35 assembly's comments under subsection (d), the redistricting
699	699	36 commission shall recommend to the general assembly a second
700	700	37 redistricting plan. The second redistricting plan recommended by
701	701	38 the redistricting commission must be introduced in, considered by,
702	702	39 and voted on by each house of the general assembly, without
703	703	40 amendment, except amendments of a technical nature.
704	704	41 (f) If the general assembly does not enact the second
705	705	42 redistricting plan recommended by the redistricting commission
706	706	2023 IN 1131—LS 6448/DI 75 17
707	707	1 under subsection (e), the general assembly may enact any
708	708	2 redistricting plan.
709	709	3 (g) Unless the general assembly has enacted bills described in
710	710	4 subsection (b) at:
711	711	5 (1) a session convened under another section of this chapter;
712	712	6 or
713	713	7 (2) a special session called by the governor;
714	714	8 the general assembly may not consider a matter that is not relevant
715	715	9 to the legislation described in subsection (b) during a session
716	716	10 convened under this section.
717	717	11 SECTION 3. IC 3-3-2 IS REPEALED [EFFECTIVE JULY 1, 2023].
718	718	12 (Redistricting Commission).
719	719	13 SECTION 4. IC 3-8-2-8, AS AMENDED BY P.L.169-2015,
720	720	14 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
721	721	15 JULY 1, 2023]: Sec. 8. (a) A declaration of candidacy for the office of
722	722	16 United States Senator or for the office of governor must be
723	723	17 accompanied by a petition signed by at least four thousand five
724	724	18 hundred (4,500) voters of the state, including at least five hundred
725	725	19 (500) voters from each congressional district.
726	726	20 (b) Each petition must contain the following:
727	727	21 (1) The signature of each petitioner.
728	728	22 (2) The name of each petitioner legibly printed.
729	729	23 (3) The residence address of each petitioner as set forth on the
730	730	24 petitioner's voter registration record.
731	731	25 (c) Except as provided in this subsection, the signature, printed
732	732	26 name, and residence address of the petitioner must be made in writing
733	733	27 by the petitioner. If a petitioner with a disability is unable to write this
734	734	28 information on the petition, the petitioner may authorize an individual
735	735	29 to do so on the petitioner's behalf. The individual acting under this
736	736	30 subsection shall execute an affidavit of assistance for each such
737	737	31 petitioner, in a form prescribed by the election division. The form must
738	738	32 set forth the name and address of the individual providing assistance,
739	739	33 and the date the individual provided the assistance. The form must be
740	740	34 submitted with the petition.
741	741	35 (d) This subsection applies to a petition filed during the period:
742	742	36 (1) beginning on the date that a congressional district plan has
743	743	37 been adopted under IC 3-3; IC 2-1.5; and
744	744	38 (2) ending on the date that the part of the act or order issued under
745	745	39 IC 3-3-2 establishing the previous congressional district plan is
746	746	40 repealed or superseded.
747	747	41 The petition must be signed by at least four thousand five hundred
748	748	42 (4,500) voters of Indiana, including at least five hundred (500) voters
749	749	2023 IN 1131—LS 6448/DI 75 18
750	750	1 from each congressional district created by the most recent
751	751	2 congressional district plan adopted under IC 3-3. IC 2-1.5.
752	752	3 SECTION 5. IC 3-8-3-2, AS AMENDED BY P.L.169-2015,
753	753	4 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
754	754	5 JULY 1, 2023]: Sec. 2. (a) A request filed under section 1 of this
755	755	6 chapter must be accompanied by a petition signed by at least four
756	756	7 thousand five hundred (4,500) voters of the state, including at least five
757	757	8 hundred (500) voters from each congressional district.
758	758	9 (b) Each petition must contain the following:
759	759	10 (1) The signature of each petitioner.
760	760	11 (2) The name of each petitioner legibly printed.
761	761	12 (3) The residence address of each petitioner as set forth on the
762	762	13 petitioner's voter registration record.
763	763	14 (c) Except as provided in this subsection, the signature, printed
764	764	15 name, and residence address of the petitioner must be made in writing
765	765	16 by the petitioner. If a petitioner with a disability is unable to write this
766	766	17 information on the petition, the petitioner may authorize an individual
767	767	18 to do so on the petitioner's behalf. The individual acting under this
768	768	19 subsection shall execute an affidavit of assistance for each such
769	769	20 petitioner, in a form prescribed by the election division. The form must
770	770	21 set forth the name and address of the individual providing assistance,
771	771	22 and the date the individual provided the assistance. The form must be
772	772	23 submitted with the petition.
773	773	24 (d) This subsection applies to a petition filed during the period:
774	774	25 (1) beginning on the date that a congressional district plan has
775	775	26 been adopted under IC 3-3; IC 2-1.5; and
776	776	27 (2) ending on the date that the part of the act or order issued under
777	777	28 IC 3-3-2 establishing the previous congressional district plan is
778	778	29 repealed or superseded.
779	779	30 The petition must be signed by at least four thousand five hundred
780	780	31 (4,500) voters of Indiana, including at least five hundred (500) voters
781	781	32 from each congressional district created by the most recent
782	782	33 congressional district plan adopted under IC 3-3. IC 2-1.5.
783	783	2023 IN 1131—LS 6448/DI 75