*ES0135.1*
February 15, 2024
ENGROSSED
SENATE BILL No. 135
_____
DIGEST OF SB 135 (Updated February 14, 2024 9:16 am - DI 140)
Citations Affected: IC 3-5.
Synopsis: Redistricting deadline. Requires certain redistricting
authorities to redistrict or recertify election districts before June 30,
2025, if the election district does not have an office on the ballot during
the 2024 general election. Requires certain redistricting authorities to
redistrict or recertify election districts after January 1, 2025 and before
June 30, 2025, if the election district does have an office on the ballot
during the 2024 general election. Assesses a penalty if a redistricting
authority fails to redistrict or recertify election districts. Makes
conforming changes.
Effective: Upon passage.
Gaskill, Crane
(HOUSE SPONSOR — WESCO)
January 8, 2024, read first time and referred to Committee on Elections.
January 22, 2024, reported favorably — Do Pass.
January 29, 2024, read second time, amended, ordered engrossed.
January 30, 2024, engrossed. Read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
February 6, 2024, read first time and referred to Committee on Elections and
Apportionment.
February 15, 2024, reported — Do Pass.
ES 135—LS 6278/DI 149 February 15, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 135
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-10-7, AS AMENDED BY P.L.227-2023,
2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 7. (a) Subject to section sections 7.1 and 8 of
4 this chapter, a redistricting authority shall redistrict election districts at
5 the following times:
6 (1) If the census event is a federal decennial census, the
7 following:
8 (A) For a county executive or county fiscal body, only during
9 the first year after the federal decennial census is conducted.
10 (B) For a school corporation, only during the first year after
11 the federal decennial census is conducted.
12 (C) For a municipality that conducts its municipal elections in
13 an odd-numbered year, only during the second year after the
14 federal decennial census is conducted.
15 (D) For a municipality that conducts its municipal elections in:
16 (i) an even-numbered year; or
17 (ii) both an even-numbered year and an odd-numbered year;
ES 135—LS 6278/DI 149 2
1 only during the first year after the federal decennial census is
2 conducted.
3 (E) For the legislative body of a township in a county having
4 a consolidated city, only during the first year after the federal
5 decennial census is conducted.
6 (2) For a census event other than a federal decennial census, only
7 during the first year after the year the census event becomes
8 effective with respect to the political subdivision, as provided in
9 IC 1-1-3.5-3.
10 (3) Whenever a county adopts an order declaring a county
11 boundary to be changed under IC 36-2-1-2 that affects the
12 boundaries of the political subdivision.
13 (4) Whenever required to assign annexed territory to a district,
14 subject to the provisions of IC 36-4-3.
15 (5) Whenever the boundary of the political subdivision is
16 changed.
17 (6) As provided in the order of a court that has found the current
18 redistricting plan unconstitutional or otherwise unlawful.
19 (b) Except as provided in section 7.1 of this chapter, a
20 redistricting authority may not redistrict at a time other than is provided
21 in subsection (a).
22 SECTION 2. IC 3-5-10-7.1 IS ADDED TO THE INDIANA CODE
23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
24 UPON PASSAGE]: Sec. 7.1. (a) A redistricting authority described
25 in section 7(a)(1) of this chapter that did not redistrict election
26 districts or did not recertify existing districts following the 2020
27 decennial census, shall:
28 (1) after January 1, 2025, and before June 30, 2025, redistrict
29 election districts for an office that is on the ballot during the
30 2024 general election; or
31 (2) before June 30, 2025:
32 (A) recertify existing districts under section 8 of this
33 chapter; or
34 (B) redistrict election districts for an office that is not on
35 the ballot during the 2024 general election.
36 (b) Redistricting or recertifying under this section must be
37 based on the 2020 decennial census.
38 (c) A member of a redistricting authority described in
39 subsection (a) that fails to:
40 (1) redistrict election districts; or
41 (2) recertify existing districts under section 8 of this chapter;
42 before June 30, 2025, shall not be entitled to receive payment of
ES 135—LS 6278/DI 149 3
1 any salary or fees, as fixed by law, until the redistricting authority
2 complies with subsection (a).
3 (d) This section expires July 1, 2025.
4 SECTION 3. An emergency is declared for this act.
ES 135—LS 6278/DI 149 4
COMMITTEE REPORT
Madam President: The Senate Committee on Elections, to which
was referred Senate Bill No. 135, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
(Reference is to SB 135 as introduced.)
GASKILL, Chairperson
Committee Vote: Yeas 7, Nays 0
_____
SENATE MOTION
Madam President: I move that Senate Bill 135 be amended to read
as follows:
Page 1, line 3, delete "subsection (c) and".
Page 1, line 3, strike "section" and insert "sections 7.1 and".
Page 2, line 19, delete "subsection (c)," and insert "section 7.1 of
this chapter,".
Page 2, delete lines 21 through 42, begin a new paragraph and
insert:
"SECTION 2. IC 3-5-10-7.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.1. (a) A redistricting authority described
in section 7(a)(1) of this chapter that did not redistrict election
districts or did not recertify existing districts following the 2020
decennial census, shall:
(1) after January 1, 2025, and before June 30, 2025, redistrict
election districts for an office that is on the ballot during the
2024 general election; or
(2) before June 30, 2025:
(A) recertify existing districts under section 8 of this
chapter; or
(B) redistrict election districts for an office that is not on
the ballot during the 2024 general election.
(b) Redistricting or recertifying under this section must be
based on the 2020 decennial census.
(c) A member of a redistricting authority described in
subsection (a) that fails to:
(1) redistrict election districts; or
ES 135—LS 6278/DI 149 5
(2) recertify existing districts under section 8 of this chapter;
before June 30, 2025, shall not be entitled to receive payment of
any salary or fees, as fixed by law, until the redistricting authority
complies with subsection (a).
(d) This section expires July 1, 2025.
SECTION 3. An emergency is declared for this act.".
Delete page 3.
Renumber all SECTIONS consecutively.
(Reference is to SB 135 as printed January 23, 2024.)
GASKILL
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Elections and Apportionment, to
which was referred Senate Bill 135, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to SB 135 as reprinted January 30, 2024.)
WESCO
Committee Vote: Yeas 11, Nays 0
ES 135—LS 6278/DI 149