Introduced Version
HOUSE BILL No. 1131
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-1.5; IC 2-2.1-1-2.7; IC 3-3; IC 3-8.
Synopsis: Redistricting commission. Establishes a redistricting
commission (commission) to create, hold hearings on, take public
comment about, and recommend plans to redraw general assembly
districts and congressional districts. Provides for appointment of four
commission members by the legislative leadership. Establishes the
redistricting commission nominating committee (committee) to receive
applications from and evaluate applicants to fill the five remaining
positions on the commission. Provides for selection of those five
commission members from pools of applicants selected by the
committee. Requires the legislative services agency (agency) to provide
staff and administrative services to the commission. Establishes
standards to govern the commission and the agency in the creation of
redistricting plans. Provides that the general assembly must meet and
enact redistricting plans before October 1 of a redistricting year.
Authorizes the general assembly to convene in a session to act on
redistricting bills at times other than the times the general assembly is
currently authorized to meet. Repeals the current law establishing a
redistricting commission for congressional redistricting.
Effective: July 1, 2023.
Hamilton
January 10, 2023, read first time and referred to Committee on Elections and
Apportionment.
2023 IN 1131—LS 6448/DI 75 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1131
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-1.5 IS ADDED TO THE INDIANA CODE AS A
2 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2023]:
4 ARTICLE 1.5. REDISTRICTING OF GENERAL ASSEMBLY
5 AND CONGRESSIONAL DISTRICTS
6 Chapter 1. Definitions
7 Sec. 1. The definitions in this chapter apply throughout this
8 article.
9 Sec. 2. "Agency" refers to the legislative services agency
10 established by IC 2-5-1.1-7.
11 Sec. 3. "Applicant pool" refers to any of the applicant pools
12 described in IC 2-1.5-2-7(b).
13 Sec. 4. "Appointing authority" refers to any of the following:
14 (1) The speaker of the house of representatives.
15 (2) The minority leader of the house of representatives.
16 (3) The president pro tempore of the senate.
17 (4) The minority leader of the senate.
2023 IN 1131—LS 6448/DI 75 2
1 Sec. 5. "Bureau" refers to the United States Department of
2 Commerce, Bureau of the Census.
3 Sec. 6. "Census data" means the population data that the
4 bureau is required to provide to the state under 13 U.S.C. 141.
5 Sec. 7. "Census year" refers to the year in which a federal
6 decennial census is conducted.
7 Sec. 8. (a) "Close relative" refers to the following relatives of an
8 individual:
9 (1) The individual's parent.
10 (2) The individual's spouse.
11 (3) The individual's children.
12 (b) A relative by adoption, half-blood, marriage, or remarriage
13 is considered as a relative of whole kinship.
14 Sec. 9. "Commission" refers to the redistricting commission
15 established by IC 2-1.5-3-1.
16 Sec. 10. "Committee" refers to the redistricting commission
17 nominating committee established by IC 2-1.5-2-1.
18 Sec. 11. "Federal decennial census" refers to a federal decennial
19 census conducted under 13 U.S.C. 141.
20 Sec. 12. "House of representatives" refers to the house of
21 representatives of the general assembly.
22 Sec. 13. "Ideal district population" for a plan refers to the
23 number equal to the quotient of the following, rounded to the
24 nearest whole number:
25 (1) The numerator is the population of Indiana as reported by
26 the most recent federal decennial census.
27 (2) The denominator is the number of districts required by
28 this article for the plan.
29 Sec. 14. "Nominee pool" refers to any of the nominee pools
30 described in IC 2-1.5-2-7(d).
31 Sec. 15. (a) "Plan" refers to any of the following:
32 (1) A plan for districts for the house of representatives.
33 (2) A plan for districts for the senate.
34 (3) A plan for congressional districts.
35 (b) A plan includes maps and written descriptions of the maps
36 that define all the districts that a plan is required to have under
37 this article.
38 Sec. 16. "Political subdivision" means a city, county, town, or
39 township.
40 Sec. 17. "Redistricting year" refers to the year immediately
41 following a census year.
42 Sec. 18. "Senate" refers to the senate of the general assembly.
2023 IN 1131—LS 6448/DI 75 3
1 Chapter 2. Redistricting Commission Nominating Committee
2 Sec. 1. The redistricting commission nominating committee is
3 established.
4 Sec. 2. (a) Before July 1 of a census year, the president of each
5 state educational institution shall designate an employee of the
6 president's state educational institution to serve as a member of the
7 committee. The president may not serve as a member of the
8 committee.
9 (b) An individual who serves as a member of the committee
10 serves at the pleasure of the president, and any of the president's
11 successors, of the state educational institution from which the
12 individual was designated.
13 (c) If a vacancy occurs on the committee, the president of the
14 state educational institution whose membership on the committee
15 is vacant shall, not later than fifteen (15) days after the vacancy
16 occurs, designate another employee of the president's state
17 educational institution to serve on the committee.
18 (d) Not later than seven (7) days after a president makes a
19 designation under this section, the president shall notify the
20 executive director of the agency of the name of the president's
21 designee. The agency shall publish the names of the committee
22 members on the general assembly's website.
23 Sec. 3. Not later than August 1 of a census year, the committee
24 shall meet and do the following:
25 (1) Select one (1) member of the committee to be the
26 committee's chair.
27 (2) Establish the committee's procedures.
28 (3) Perform the functions described in section 4 of this
29 chapter.
30 (4) Provide for other matters for conducting the committee's
31 business as the committee considers necessary or desirable.
32 Sec. 4. (a) The committee shall do the following:
33 (1) Establish a written procedure by which individuals who
34 are qualified to serve on the commission apply to serve on the
35 commission.
36 (2) Write a statement that describes all of the following:
37 (A) The purpose of the commission.
38 (B) The requirements of this article that apply to an
39 individual's membership on the commission.
40 (C) Other qualifications that an individual who wants to
41 serve on the commission should have.
42 (D) The process that the committee will use to evaluate the
2023 IN 1131—LS 6448/DI 75 4
1 qualifications of individuals who apply to serve on the
2 commission.
3 (E) All criteria the committee will use to evaluate the
4 qualifications of individuals who apply to serve on the
5 commission.
6 (F) Any other information the committee determines that
7 an applicant to serve on the commission should, or would
8 want to, know.
9 (3) Not later than September 1 of a census year, give to the
10 agency a copy of the written procedure established under
11 subdivision (1) and a copy of the statement written under
12 subdivision (2).
13 (b) The agency shall publish the written procedure and the
14 statement on the general assembly's website not later than
15 September 10 of the census year.
16 Sec. 5. An application form prescribed by the committee must
17 require an applicant to state whether the applicant is:
18 (1) a member of either of the major political parties (as
19 defined in IC 3-5-2-30); or
20 (2) not a member of either of the major political parties.
21 If an applicant states that the applicant is a member of either of the
22 major political parties, the applicant must state of which political
23 party the applicant is a member.
24 Sec. 6. An individual who wants to apply to be a commission
25 member must complete an application prescribed by the committee
26 not later than October 15 of the census year.
27 Sec. 7. (a) After October 15, but not later than December 31, of
28 the census year, the committee shall meet to evaluate the
29 applications the committee has received.
30 (b) The committee shall sort applicants into the following three
31 (3) applicant pools:
32 (1) Applicant pool 1 consists of all applicants who have
33 indicated on their applications that the applicant is a member
34 of the political party whose candidate for secretary of state at
35 the most recent election for secretary of state received the
36 greatest number of votes.
37 (2) Applicant pool 2 consists of all applicants who have
38 indicated on their applications that the applicant is a member
39 of the political party whose candidate for secretary of state at
40 the most recent election for secretary of state received the
41 second greatest number of votes.
42 (3) Applicant pool 3 consists of all applicants who have
2023 IN 1131—LS 6448/DI 75 5
1 indicated on their applications that the applicant is not a
2 member of either political party described in subdivision (1)
3 or (2).
4 (c) The committee shall determine, for each applicant pool, the
5 seven (7) individuals who, in the committee's judgment, best satisfy
6 the qualifications and criteria established under section 4 of this
7 chapter. In making its determinations under this section, the
8 committee shall seek to reflect the geographic, minority, and
9 gender diversity of Indiana.
10 (d) Except as provided in subsection (e), for purposes of this
11 article, the following apply:
12 (1) Nominee pool 1 consists of the seven (7) individuals
13 selected under subsection (c) from applicant pool 1.
14 (2) Nominee pool 2 consists of the seven (7) individuals
15 selected under subsection (c) from applicant pool 2.
16 (3) Nominee pool 3 consists of the seven (7) individuals
17 selected under subsection (c) from applicant pool 3.
18 (e) If a particular applicant pool does not include at least seven
19 (7) individuals who are qualified under this article to serve on the
20 commission, the corresponding nominee pool consists of all
21 individuals from the applicant pool the committee determines
22 satisfy the qualifications and criteria established under section 4 of
23 this chapter.
24 (f) Not later than December 31 of the census year, the committee
25 shall certify to the executive director of the agency the names of the
26 individuals selected under subsection (c), sorted by nominee pools.
27 The agency shall publish the list of individuals in each nominee
28 pool on the general assembly's website.
29 Sec. 8. (a) The committee may meet as often as necessary to
30 perform the committee's duties at the call of either of the
31 following:
32 (1) The committee's chair.
33 (2) Any two (2) committee members other than the
34 committee's chair.
35 (b) If the position of the committee's chair becomes vacant, the
36 committee shall select one (1) of its remaining members as chair at
37 the committee's next meeting.
38 (c) Four (4) committee members constitute a quorum of the
39 committee.
40 (d) IC 5-14-1.5 and IC 5-14-3 apply to the committee's meetings
41 and records.
42 (e) Except as otherwise provided in subsection (f), the state
2023 IN 1131—LS 6448/DI 75 6
1 educational institutions shall jointly share the costs of the
2 committee's operations as determined jointly by the presidents of
3 the state educational institutions.
4 (f) A member of the committee shall be compensated and be
5 reimbursed for expenses as determined by the state educational
6 institution president who designated the committee member.
7 Chapter 3. Redistricting Commission
8 Sec. 1. A redistricting commission is established as provided in
9 this chapter.
10 Sec. 2. (a) Not later than January 10 of a redistricting year, each
11 of the appointing authorities shall appoint one (1) individual to be
12 a commission member. Each of the appointing authorities shall
13 certify to the executive director of the agency the name of the
14 individual appointed by the appointing authority.
15 (b) Four (4) members of the commission shall be selected as
16 provided in this subsection. Not later than January 15 of a
17 redistricting year, the four (4) members of the commission
18 appointed under subsection (a) shall meet at the call of the
19 executive director of the agency and do the following:
20 (1) One (1) commission member, as determined by the four (4)
21 members, shall randomly select the name of an individual
22 from nominee pool 1.
23 (2) Another commission member, as determined by the four
24 (4) members, shall randomly select the name of an individual
25 from nominee pool 2.
26 (3) Each of the two (2) remaining commission members shall
27 randomly select a name of an individual from nominee pool 3.
28 (c) If any of the nominee pools is empty before the selection
29 required by subsection (b), the remaining nominee pools shall be
30 consolidated and all selections required under subsection (b) shall
31 come from the consolidated nominee pool.
32 (d) The individuals whose names have been selected under
33 subsection (b) or (c) are considered appointed to the commission.
34 The executive director of the agency shall notify each of the
35 individuals appointed under this subsection of the appointment.
36 (e) The agency shall determine the random method for selecting
37 the names of individuals from their respective pools under
38 subsection (b) or (c).
39 (f) Not later than February 15 of a redistricting year, the
40 members appointed under subsections (a) and (d) shall meet to
41 appoint the commission's chair. The members shall meet at the call
42 of the executive director of the agency.
2023 IN 1131—LS 6448/DI 75 7
1 (g) The chair may be a member appointed to the commission
2 under subsection (d), or another individual from any of the
3 nominee pools, but may not be a member appointed to the
4 commission under subsection (a). If the commission selects as the
5 chair a member appointed to the commission under subsection (d),
6 the commission shall appoint to the commission by majority vote
7 another applicant from any of the nominee pools. The commission
8 shall certify to the executive director of the agency the appointment
9 of the commission's chair and the other commission member, if
10 any, selected under this subsection, and the executive director of
11 the agency shall notify the individual of the appointment.
12 (h) In selecting individuals for appointment under subsection
13 (a), and in making any appointments under subsection (g), the
14 appointing authorities and the commission members shall seek to
15 optimize the geographic, minority, and gender diversity of the
16 commission.
17 Sec. 3. To serve on the commission, an individual must be a
18 resident of Indiana.
19 Sec. 4. (a) The definitions in IC 3-5-2 apply throughout this
20 section.
21 (b) An individual may not serve on the commission if the
22 individual has been any of the following at any time less than six (6)
23 years before the individual's appointment to the commission:
24 (1) A member of the general assembly or the Congress of the
25 United States.
26 (2) A candidate for election to the general assembly or the
27 Congress of the United States.
28 (3) The holder of a state office (as defined in IC 3-5-2-48).
29 (4) An appointed public official.
30 (5) An employee of any of the following:
31 (A) The general assembly.
32 (B) A member of the Congress of the United States from
33 Indiana.
34 (C) A United States senator representing Indiana.
35 (6) The chairman or treasurer of a candidate's committee of
36 a candidate for election to the general assembly or the
37 Congress of the United States as required by IC 3-9-1 or
38 federal law.
39 (7) A precinct committeeman or a precinct vice
40 committeeman.
41 (8) A member of a candidate's committee.
42 (9) A member of a central committee.
2023 IN 1131—LS 6448/DI 75 8
1 (10) A member of a national committee of a political party.
2 (11) An employee or an agent of a political party or of an
3 entity described in subdivision (8), (9), or (10).
4 (12) An individual who is either of the following:
5 (A) A paid consultant of an entity or individual described
6 in subdivision (8), (9), (10), or (11).
7 (B) An employee of a paid consultant of an entity or
8 individual described in subdivision (8), (9), (10), or (11).
9 (13) An individual registered as a lobbyist under IC 2-7.
10 (14) An individual who is a close relative of an individual
11 described in subdivisions (1) through (13).
12 Sec. 5. (a) Before undertaking duties as a commission member,
13 an individual appointed under section 2 or 8 of this chapter must
14 do each of the following:
15 (1) Take an oath of office.
16 (2) Make an affirmation that the individual will:
17 (A) apply the provisions of this article in an honest and
18 independent manner; and
19 (B) uphold public confidence in the integrity of the
20 redistricting process.
21 (3) Make a written pledge that the individual will not be a
22 candidate for:
23 (A) election to the general assembly; or
24 (B) selection to fill a vacancy in the general assembly;
25 at any time before the second election for members of the
26 general assembly after the individual's appointment to the
27 commission.
28 (4) Make a written pledge that the individual will not do any
29 of the following until plans are adopted as provided in this
30 article:
31 (A) Make a contribution (as defined in IC 3-5-2-15).
32 (B) Make a political contribution to any candidate for a
33 federal office.
34 (C) Attend any function relating to the election of a
35 candidate.
36 (D) Serve in any capacity described in section 4 of this
37 chapter.
38 (b) A member's oath, affirmation, and pledge shall be filed with
39 the agency.
40 Sec. 6. An individual serves as a commission member until the
41 earliest of the following:
42 (1) The individual resigns the individual's membership on the
2023 IN 1131—LS 6448/DI 75 9
1 commission.
2 (2) The individual is removed as a member of the commission
3 under section 7 of this chapter.
4 (3) A new commission is appointed under this chapter
5 following a federal decennial census.
6 Sec. 7. (a) A commission member may be removed from office
7 for any of the following:
8 (1) Substantial neglect of duty.
9 (2) Gross misconduct in office.
10 (3) Inability to discharge the duties of a member of the
11 commission.
12 (4) Becoming a candidate in violation of the commission
13 member's pledge under section 5(a)(3) of this chapter.
14 (5) Taking an action in violation of the commission member's
15 pledge under section 5(a)(4) of this chapter.
16 (6) Ceasing to be a resident of Indiana as required by section
17 3 of this chapter.
18 (7) Being convicted of an action that would result in the
19 removal of a public officer under IC 5-8-1-38 or IC 5-8-3-1.
20 (b) The supreme court has original and exclusive jurisdiction to
21 remove a commission member. Any resident of Indiana may seek
22 to remove a commission member by filing a verified complaint
23 with the clerk of the supreme court and serving the agency with a
24 copy. The agency shall immediately transmit a copy of the
25 complaint to all commission members by electronic mail or by a
26 faster method, if available.
27 (c) The supreme court may decide the matter by summary
28 disposition, or after a hearing, if necessary, under such procedures
29 as the supreme court establishes by rule or order to resolve the
30 matter. The supreme court shall decide the matter as expeditiously
31 as possible, but not later than seven (7) days after the date the
32 complaint is filed, in order to permit the commission to complete
33 its duties under the schedule established by IC 2-1.5-4.
34 Sec. 8. (a) If a vacancy occurs in the position of a commission
35 member who was appointed under section 2(a) of this chapter, the
36 leader of the caucus whose leader appointed the member whose
37 position is vacant shall appoint an individual to fill the vacancy:
38 (1) not later than fifteen (15) days after the vacancy occurs;
39 and
40 (2) in the same manner described in section 2(a) of this
41 chapter.
42 (b) If a vacancy occurs in the position of a commission member
2023 IN 1131—LS 6448/DI 75 10
1 who was appointed under section 2(d) of this chapter, the
2 commission shall do both of the following:
3 (1) Not later than fifteen (15) days after the vacancy occurs
4 either:
5 (A) appoint an individual from any of the nominee pools to
6 fill the vacancy; or
7 (B) if no individual described in clause (A) meets the
8 qualifications of this article or is available to serve, appoint
9 any individual qualified under this article to fill the
10 vacancy.
11 (2) Certify to the executive director of the agency the
12 appointment of the individual to the commission.
13 (c) If the position of commission chair becomes vacant, the
14 commission shall appoint an individual to fill the vacancy:
15 (1) not later than fifteen (15) days after the vacancy occurs;
16 and
17 (2) either from:
18 (A) the remaining members of the commission appointed
19 under section 2(d) of this chapter; or
20 (B) any of the nominee pools.
21 Sec. 9. The affirmative vote of seven (7) commission members
22 is necessary for the commission to take official action.
23 Sec. 10. Each commission member is entitled to receive the same
24 per diem, mileage, and travel allowances paid to members of the
25 general assembly serving on interim study committees established
26 by the legislative council.
27 Sec. 11. (a) The agency shall provide the commission with staff
28 and administrative services.
29 (b) The expenses of the commission shall be paid out of amounts
30 appropriated to the legislative council or the agency, including the
31 costs of litigation (if any).
32 Sec. 12. (a) The general assembly intends that each commission
33 member not communicate with any individual described in
34 subsection (c), directly or indirectly, regarding redistricting, other
35 than during a public meeting of the commission. However, the
36 general assembly also recognizes that such communications could
37 happen inadvertently and without intent to violate this article. The
38 general assembly therefore enacts this section to maintain the
39 public's confidence in the redistricting process established by this
40 article.
41 (b) The definitions in IC 3-5-2 apply throughout this section.
42 (c) A commission member who has communicated, directly or
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1 indirectly, regarding redistricting with any of the following, other
2 than during a public meeting of the commission, shall take the
3 action described in subsection (d):
4 (1) A member of the Congress of the United States.
5 (2) A member of the general assembly.
6 (3) An individual who holds any other public office.
7 (4) An individual who has held a public office described in
8 subdivision (1), (2), or (3).
9 (5) A candidate for a public office described in subdivision (1),
10 (2), or (3).
11 (6) An individual otherwise described in section 4 of this
12 chapter, other than an employee of the agency acting within
13 the scope of the employee's responsibilities under section 11
14 of this chapter.
15 (d) If a commission member communicates regarding
16 redistricting with an individual described in subsection (c), the
17 commission member shall do the following:
18 (1) If the communication is written or electronic material,
19 instruct that the written or electronic material be placed in
20 the commission's public records.
21 (2) If the communication is other than written or electronic
22 material, place a verified written description of the
23 communication in the commission's public records. The
24 verified written description must include the following
25 information:
26 (A) The name of the individual with whom the
27 communication occurred.
28 (B) The date and approximate time of the communication.
29 (C) A description of the nature and substance of the
30 communication.
31 (e) A commission member required to act under subsection (d)
32 must take that action not later than five (5) days after the
33 commission member becomes aware that a communication subject
34 to this section has occurred.
35 (f) A commission member who fails to comply with this section
36 commits gross misconduct in office and is subject to removal from
37 the commission under section 7 of this chapter.
38 Chapter 4. Redistricting Procedure
39 Sec. 1. (a) Before January 1 of a redistricting year, the agency
40 shall do the following:
41 (1) Acquire any hardware, software, and supplies necessary
42 to assist the commission in the performance of the
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1 commission's duties under this article.
2 (2) Establish an Internet based redistricting portal to:
3 (A) assist the public in drawing maps and providing input
4 on the redistricting process; and
5 (B) allow members of the public to upload their own maps.
6 (b) At any time, the agency may acquire additional hardware,
7 software, and supplies the executive director of the agency
8 considers necessary to assist the commission in performance of the
9 commission's duties under this article.
10 Sec. 2. (a) Not later than March 15 of a redistricting year, the
11 commission's chair shall convene the commission to do the
12 following:
13 (1) Organize the commission.
14 (2) Receive reports from the agency concerning the following:
15 (A) Information relating to the receipt of census data from
16 the bureau.
17 (B) The readiness of the agency to assist the commission's
18 work.
19 (C) Any other matter on which a report is requested by the
20 commission.
21 (3) Provide initial instructions to the agency regarding the
22 commission's work.
23 (4) Schedule hearings required or permitted under section 5
24 of this chapter.
25 (5) Schedule other meetings the commission considers
26 necessary.
27 (6) Schedule the receipt of maps from the public.
28 (b) IC 5-14-1.5 (the open door law) applies to the commission's
29 meetings.
30 (c) The commission's records shall be made available for
31 inspection and copying in accordance with IC 5-14-3.
32 Sec. 3. If the agency must make a decision on a question for
33 which no clearly applicable provision of this article or instruction
34 of the commission provides an answer, the executive director of the
35 agency shall submit a written request to the commission for
36 direction.
37 Sec. 4. (a) The agency shall do the following:
38 (1) Create maps of legislative district plans and congressional
39 district plans that conform to this article and the
40 commission's instructions.
41 (2) Prepare written descriptions of the maps created under
42 subdivision (1).
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1 (3) Evaluate maps submitted by the public for conformance
2 with the standards set forth in IC 2-1.5-5.
3 (b) The agency shall produce as many different plans as the
4 commission instructs:
5 (1) not earlier than May 1 of a redistricting year; and
6 (2) not later than May 15 of the redistricting year.
7 (c) The agency shall publish the maps and descriptions:
8 (1) prepared for the commission by the agency; and
9 (2) submitted to the commission from the public;
10 as directed by the commission not later than May 15 of a
11 redistricting year.
12 Sec. 5. (a) As directed by the commission, the agency shall
13 receive for the commission written public comments regarding the
14 plans after publication of the plans.
15 (b) The commission shall provide for at least one (1) public
16 hearing in each Indiana congressional district, and an additional
17 meeting in Marion County, as determined by the commission. At
18 least two (2) commission members shall be present at each public
19 hearing, and a commission member shall preside at and conduct
20 the hearing. The hearings shall be held not later than June 30 of a
21 redistricting year and shall be recorded and made available live
22 and archived for public viewing on the Internet.
23 (c) The commission may hold hearings in addition to the
24 hearings required by subsection (b).
25 (d) The commission shall do the following at any hearing held
26 under this section:
27 (1) Explain the redistricting procedure.
28 (2) Present the plans prepared for the commission by the
29 agency.
30 (3) Have available the plans submitted by the public and the
31 agency's evaluation of those plans.
32 (4) Hear public comments and suggestions.
33 (e) The commission may take other actions the commission
34 considers appropriate to do the following:
35 (1) Explain the redistricting procedure or the plans to the
36 public.
37 (2) Receive public comments and suggestions.
38 (f) The commission may modify, with or without additional
39 public hearings under this section, the maps published under
40 section 4 of this chapter to:
41 (1) incorporate any public comments and suggestions adopted
42 by the commission; or
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1 (2) comply with the federal Voting Rights Act in accordance
2 with IC 2-1.5-5-10(b).
3 The commission shall adopt any modifications made under this
4 subsection in a public meeting.
5 (g) The commission shall give public notice of a meeting held
6 under this section not later than ten (10) days before the date of the
7 meeting.
8 Sec. 6. (a) Not later than August 1 of a redistricting year, the
9 commission shall meet to adopt a report for the general assembly.
10 The report must include the following:
11 (1) A summary of the commission's and the agency's
12 preparation for the commission's work.
13 (2) A description of the hearings held under section 5 of this
14 chapter.
15 (3) A summary of the public comments and suggestions
16 received in writing and at the hearings.
17 (4) The commission's recommendation to the general
18 assembly for each of the following:
19 (A) A district plan for the house of representatives.
20 (B) A district plan for the senate.
21 (C) A congressional district plan.
22 (5) Maps for each plan, including both a statewide map and a
23 map for each district.
24 (6) A bill that would enact each of the plans.
25 (b) The commission shall recommend to the general assembly
26 the plan the commission considers the best in meeting the
27 standards set forth in IC 2-1.5-5.
28 (c) The commission may include any other information in the
29 report the commission considers useful to explain the commission's
30 work or recommendations.
31 (d) The report required by this section must be submitted to the
32 legislative council in an electronic format under IC 5-14-6.
33 Sec. 7. (a) If, for any reason, an appointing authority, the
34 committee, the agency, the commission, or the general assembly is
35 unable to complete a duty required under this article or
36 IC 2-2.1-1-2.7 before the deadline specified by law, the appointing
37 authority, committee, agency, commission, or general assembly, as
38 applicable, shall expedite completion of the requirement as soon as
39 practicable after the deadline.
40 (b) If a court invalidates a plan after October 1 of a redistricting
41 year, the commission and the general assembly shall take all
42 necessary action to expedite the adoption of a plan to replace the
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1 invalidated plan.
2 Chapter 5. Redistricting Standards
3 Sec. 1. Districts created for the house of representatives, the
4 senate, and the United States House of Representatives must
5 comply with the standards of this chapter.
6 Sec. 2. (a) A plan for house of representatives districts must
7 provide for one hundred (100) districts.
8 (b) A plan for senate districts must provide for fifty (50)
9 districts.
10 (c) A plan for congressional districts must provide for as many
11 districts as are allocated to Indiana under 2 U.S.C. 2a.
12 Sec. 3. Districts must be established on the basis of population.
13 Sec. 4. Except as provided by section 10 of this chapter, the
14 population of a district of the house of representatives or the senate
15 may not deviate from the ideal district population by more than
16 two percent (2%) of the ideal district population.
17 Sec. 5. (a) Districts must be composed of contiguous territory.
18 (b) Areas that meet only at the point of adjoining corners are
19 not considered contiguous.
20 Sec. 6. Districts must be as compact as possible to the extent
21 practicable while considering other provisions of this chapter and
22 the federal Voting Rights Act.
23 Sec. 7. Districts must not breach precinct boundaries.
24 Sec. 8. To the extent possible consistent with sections 3 through
25 7 of this chapter, district boundaries must seek to coincide with the
26 boundaries of Indiana political subdivisions as follows:
27 (1) The commission shall seek to minimize the number of
28 counties and cities divided among more than one (1) district.
29 (2) Except as provided in subdivision (3), if there is a choice
30 between political subdivisions to be divided, a more populous
31 political subdivision shall be divided before a less populous
32 political subdivision is divided.
33 (3) Subdivision (2) does not apply to a district boundary
34 drawn along a county line that passes through a municipality
35 that lies in more than one (1) county.
36 Sec. 9. A plan for senate districts may not include a senate
37 district that includes the residence address of two (2) or more
38 senators, one (1) or more of whose term of office expires at the
39 second general election held after the redistricting year.
40 Sec. 10. (a) In evaluating plans for recommendation, the
41 commission shall consider the effect that a plan has on language
42 minority groups and racial minority groups as required by the
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1 federal Voting Rights Act.
2 (b) Except as provided in this subsection, the commission and
3 the agency may not consider past election results in preparing
4 proposed maps of legislative district plans and congressional
5 district plans. After the maps have been published under
6 IC 2-1.5-4-4, the agency shall review past election results to
7 evaluate the proposed maps for compliance with the federal Voting
8 Rights Act, and if necessary, shall recommend to the commission
9 one (1) or more modifications to the maps to bring the maps into
10 compliance with the federal Voting Rights Act. The modifications
11 recommended under this subsection may include population
12 deviations greater than those imposed under section 4 of this
13 chapter. However, the population deviations may not exceed ten
14 percent (10%).
15 SECTION 2. IC 2-2.1-1-2.7 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2023]: Sec. 2.7. (a) The definitions in IC 2-1.5-1 apply throughout
18 this section.
19 (b) Before October 1 of a redistricting year, the general
20 assembly shall convene and enact bills to establish the following:
21 (1) House of representatives districts.
22 (2) Senate districts.
23 (3) Congressional districts.
24 (c) A bill to enact a redistricting plan recommended by the
25 redistricting commission under IC 2-1.5-4 must be introduced in,
26 considered by, and voted on by each house of the general assembly,
27 without amendment, except amendments of a technical nature.
28 (d) If the general assembly does not enact the redistricting plan
29 recommended by the redistricting commission under IC 2-1.5-4,
30 the general assembly shall provide, not later than two (2) days after
31 the general assembly fails to enact the recommended plan, written
32 comments to the redistricting commission concerning the reason or
33 reasons why the recommended plan was not enacted.
34 (e) Not later than fifteen (15) days after receiving the general
35 assembly's comments under subsection (d), the redistricting
36 commission shall recommend to the general assembly a second
37 redistricting plan. The second redistricting plan recommended by
38 the redistricting commission must be introduced in, considered by,
39 and voted on by each house of the general assembly, without
40 amendment, except amendments of a technical nature.
41 (f) If the general assembly does not enact the second
42 redistricting plan recommended by the redistricting commission
2023 IN 1131—LS 6448/DI 75 17
1 under subsection (e), the general assembly may enact any
2 redistricting plan.
3 (g) Unless the general assembly has enacted bills described in
4 subsection (b) at:
5 (1) a session convened under another section of this chapter;
6 or
7 (2) a special session called by the governor;
8 the general assembly may not consider a matter that is not relevant
9 to the legislation described in subsection (b) during a session
10 convened under this section.
11 SECTION 3. IC 3-3-2 IS REPEALED [EFFECTIVE JULY 1, 2023].
12 (Redistricting Commission).
13 SECTION 4. IC 3-8-2-8, AS AMENDED BY P.L.169-2015,
14 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 8. (a) A declaration of candidacy for the office of
16 United States Senator or for the office of governor must be
17 accompanied by a petition signed by at least four thousand five
18 hundred (4,500) voters of the state, including at least five hundred
19 (500) voters from each congressional district.
20 (b) Each petition must contain the following:
21 (1) The signature of each petitioner.
22 (2) The name of each petitioner legibly printed.
23 (3) The residence address of each petitioner as set forth on the
24 petitioner's voter registration record.
25 (c) Except as provided in this subsection, the signature, printed
26 name, and residence address of the petitioner must be made in writing
27 by the petitioner. If a petitioner with a disability is unable to write this
28 information on the petition, the petitioner may authorize an individual
29 to do so on the petitioner's behalf. The individual acting under this
30 subsection shall execute an affidavit of assistance for each such
31 petitioner, in a form prescribed by the election division. The form must
32 set forth the name and address of the individual providing assistance,
33 and the date the individual provided the assistance. The form must be
34 submitted with the petition.
35 (d) This subsection applies to a petition filed during the period:
36 (1) beginning on the date that a congressional district plan has
37 been adopted under IC 3-3; IC 2-1.5; and
38 (2) ending on the date that the part of the act or order issued under
39 IC 3-3-2 establishing the previous congressional district plan is
40 repealed or superseded.
41 The petition must be signed by at least four thousand five hundred
42 (4,500) voters of Indiana, including at least five hundred (500) voters
2023 IN 1131—LS 6448/DI 75 18
1 from each congressional district created by the most recent
2 congressional district plan adopted under IC 3-3. IC 2-1.5.
3 SECTION 5. IC 3-8-3-2, AS AMENDED BY P.L.169-2015,
4 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2023]: Sec. 2. (a) A request filed under section 1 of this
6 chapter must be accompanied by a petition signed by at least four
7 thousand five hundred (4,500) voters of the state, including at least five
8 hundred (500) voters from each congressional district.
9 (b) Each petition must contain the following:
10 (1) The signature of each petitioner.
11 (2) The name of each petitioner legibly printed.
12 (3) The residence address of each petitioner as set forth on the
13 petitioner's voter registration record.
14 (c) Except as provided in this subsection, the signature, printed
15 name, and residence address of the petitioner must be made in writing
16 by the petitioner. If a petitioner with a disability is unable to write this
17 information on the petition, the petitioner may authorize an individual
18 to do so on the petitioner's behalf. The individual acting under this
19 subsection shall execute an affidavit of assistance for each such
20 petitioner, in a form prescribed by the election division. The form must
21 set forth the name and address of the individual providing assistance,
22 and the date the individual provided the assistance. The form must be
23 submitted with the petition.
24 (d) This subsection applies to a petition filed during the period:
25 (1) beginning on the date that a congressional district plan has
26 been adopted under IC 3-3; IC 2-1.5; and
27 (2) ending on the date that the part of the act or order issued under
28 IC 3-3-2 establishing the previous congressional district plan is
29 repealed or superseded.
30 The petition must be signed by at least four thousand five hundred
31 (4,500) voters of Indiana, including at least five hundred (500) voters
32 from each congressional district created by the most recent
33 congressional district plan adopted under IC 3-3. IC 2-1.5.
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