IN
Indiana Senate Bill SB0135

Indiana 2024 Regular Session

Indiana Senate Bill SB0135 Compare Versions

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1+*ES0135.1*
2+February 15, 2024
3+ENGROSSED
4+SENATE BILL No. 135
5+_____
6+DIGEST OF SB 135 (Updated February 14, 2024 9:16 am - DI 140)
7+Citations Affected: IC 3-5.
8+Synopsis: Redistricting deadline. Requires certain redistricting
9+authorities to redistrict or recertify election districts before June 30,
10+2025, if the election district does not have an office on the ballot during
11+the 2024 general election. Requires certain redistricting authorities to
12+redistrict or recertify election districts after January 1, 2025 and before
13+June 30, 2025, if the election district does have an office on the ballot
14+during the 2024 general election. Assesses a penalty if a redistricting
15+authority fails to redistrict or recertify election districts. Makes
16+conforming changes.
17+Effective: Upon passage.
18+Gaskill, Crane
19+(HOUSE SPONSOR — WESCO)
20+January 8, 2024, read first time and referred to Committee on Elections.
21+January 22, 2024, reported favorably — Do Pass.
22+January 29, 2024, read second time, amended, ordered engrossed.
23+January 30, 2024, engrossed. Read third time, passed. Yeas 49, nays 0.
24+HOUSE ACTION
25+February 6, 2024, read first time and referred to Committee on Elections and
26+Apportionment.
27+February 15, 2024, reported — Do Pass.
28+ES 135—LS 6278/DI 149 February 15, 2024
129 Second Regular Session of the 123rd General Assembly (2024)
230 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
331 Constitution) is being amended, the text of the existing provision will appear in this style type,
432 additions will appear in this style type, and deletions will appear in this style type.
533 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
634 provision adopted), the text of the new provision will appear in this style type. Also, the
735 word NEW will appear in that style type in the introductory clause of each SECTION that adds
836 a new provision to the Indiana Code or the Indiana Constitution.
937 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1038 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 135
12-AN ACT to amend the Indiana Code concerning elections.
39+ENGROSSED
40+SENATE BILL No. 135
41+A BILL FOR AN ACT to amend the Indiana Code concerning
42+elections.
1343 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 3-5-10-7, AS AMENDED BY P.L.227-2023,
15-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-UPON PASSAGE]: Sec. 7. (a) Subject to section sections 7.1 and 8 of
17-this chapter, a redistricting authority shall redistrict election districts at
18-the following times:
19-(1) If the census event is a federal decennial census, the
20-following:
21-(A) For a county executive or county fiscal body, only during
22-the first year after the federal decennial census is conducted.
23-(B) For a school corporation, only during the first year after
24-the federal decennial census is conducted.
25-(C) For a municipality that conducts its municipal elections in
26-an odd-numbered year, only during the second year after the
27-federal decennial census is conducted.
28-(D) For a municipality that conducts its municipal elections in:
29-(i) an even-numbered year; or
30-(ii) both an even-numbered year and an odd-numbered year;
31-only during the first year after the federal decennial census is
32-conducted.
33-(E) For the legislative body of a township in a county having
34-a consolidated city, only during the first year after the federal
35-decennial census is conducted.
36-SEA 135 2
37-(2) For a census event other than a federal decennial census, only
38-during the first year after the year the census event becomes
39-effective with respect to the political subdivision, as provided in
40-IC 1-1-3.5-3.
41-(3) Whenever a county adopts an order declaring a county
42-boundary to be changed under IC 36-2-1-2 that affects the
43-boundaries of the political subdivision.
44-(4) Whenever required to assign annexed territory to a district,
45-subject to the provisions of IC 36-4-3.
46-(5) Whenever the boundary of the political subdivision is
47-changed.
48-(6) As provided in the order of a court that has found the current
49-redistricting plan unconstitutional or otherwise unlawful.
50-(b) Except as provided in section 7.1 of this chapter, a
51-redistricting authority may not redistrict at a time other than is provided
52-in subsection (a).
53-SECTION 2. IC 3-5-10-7.1 IS ADDED TO THE INDIANA CODE
44+1 SECTION 1. IC 3-5-10-7, AS AMENDED BY P.L.227-2023,
45+2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46+3 UPON PASSAGE]: Sec. 7. (a) Subject to section sections 7.1 and 8 of
47+4 this chapter, a redistricting authority shall redistrict election districts at
48+5 the following times:
49+6 (1) If the census event is a federal decennial census, the
50+7 following:
51+8 (A) For a county executive or county fiscal body, only during
52+9 the first year after the federal decennial census is conducted.
53+10 (B) For a school corporation, only during the first year after
54+11 the federal decennial census is conducted.
55+12 (C) For a municipality that conducts its municipal elections in
56+13 an odd-numbered year, only during the second year after the
57+14 federal decennial census is conducted.
58+15 (D) For a municipality that conducts its municipal elections in:
59+16 (i) an even-numbered year; or
60+17 (ii) both an even-numbered year and an odd-numbered year;
61+ES 135—LS 6278/DI 149 2
62+1 only during the first year after the federal decennial census is
63+2 conducted.
64+3 (E) For the legislative body of a township in a county having
65+4 a consolidated city, only during the first year after the federal
66+5 decennial census is conducted.
67+6 (2) For a census event other than a federal decennial census, only
68+7 during the first year after the year the census event becomes
69+8 effective with respect to the political subdivision, as provided in
70+9 IC 1-1-3.5-3.
71+10 (3) Whenever a county adopts an order declaring a county
72+11 boundary to be changed under IC 36-2-1-2 that affects the
73+12 boundaries of the political subdivision.
74+13 (4) Whenever required to assign annexed territory to a district,
75+14 subject to the provisions of IC 36-4-3.
76+15 (5) Whenever the boundary of the political subdivision is
77+16 changed.
78+17 (6) As provided in the order of a court that has found the current
79+18 redistricting plan unconstitutional or otherwise unlawful.
80+19 (b) Except as provided in section 7.1 of this chapter, a
81+20 redistricting authority may not redistrict at a time other than is provided
82+21 in subsection (a).
83+22 SECTION 2. IC 3-5-10-7.1 IS ADDED TO THE INDIANA CODE
84+23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
85+24 UPON PASSAGE]: Sec. 7.1. (a) A redistricting authority described
86+25 in section 7(a)(1) of this chapter that did not redistrict election
87+26 districts or did not recertify existing districts following the 2020
88+27 decennial census, shall:
89+28 (1) after January 1, 2025, and before June 30, 2025, redistrict
90+29 election districts for an office that is on the ballot during the
91+30 2024 general election; or
92+31 (2) before June 30, 2025:
93+32 (A) recertify existing districts under section 8 of this
94+33 chapter; or
95+34 (B) redistrict election districts for an office that is not on
96+35 the ballot during the 2024 general election.
97+36 (b) Redistricting or recertifying under this section must be
98+37 based on the 2020 decennial census.
99+38 (c) A member of a redistricting authority described in
100+39 subsection (a) that fails to:
101+40 (1) redistrict election districts; or
102+41 (2) recertify existing districts under section 8 of this chapter;
103+42 before June 30, 2025, shall not be entitled to receive payment of
104+ES 135—LS 6278/DI 149 3
105+1 any salary or fees, as fixed by law, until the redistricting authority
106+2 complies with subsection (a).
107+3 (d) This section expires July 1, 2025.
108+4 SECTION 3. An emergency is declared for this act.
109+ES 135—LS 6278/DI 149 4
110+COMMITTEE REPORT
111+Madam President: The Senate Committee on Elections, to which
112+was referred Senate Bill No. 135, has had the same under consideration
113+and begs leave to report the same back to the Senate with the
114+recommendation that said bill DO PASS.
115+ (Reference is to SB 135 as introduced.)
116+
117+GASKILL, Chairperson
118+Committee Vote: Yeas 7, Nays 0
119+_____
120+SENATE MOTION
121+Madam President: I move that Senate Bill 135 be amended to read
122+as follows:
123+Page 1, line 3, delete "subsection (c) and".
124+Page 1, line 3, strike "section" and insert "sections 7.1 and".
125+Page 2, line 19, delete "subsection (c)," and insert "section 7.1 of
126+this chapter,".
127+Page 2, delete lines 21 through 42, begin a new paragraph and
128+insert:
129+"SECTION 2. IC 3-5-10-7.1 IS ADDED TO THE INDIANA CODE
54130 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
55131 UPON PASSAGE]: Sec. 7.1. (a) A redistricting authority described
56132 in section 7(a)(1) of this chapter that did not redistrict election
57133 districts or did not recertify existing districts following the 2020
58134 decennial census, shall:
59135 (1) after January 1, 2025, and before June 30, 2025, redistrict
60136 election districts for an office that is on the ballot during the
61137 2024 general election; or
62138 (2) before June 30, 2025:
63139 (A) recertify existing districts under section 8 of this
64140 chapter; or
65141 (B) redistrict election districts for an office that is not on
66142 the ballot during the 2024 general election.
67143 (b) Redistricting or recertifying under this section must be
68144 based on the 2020 decennial census.
69145 (c) A member of a redistricting authority described in
70146 subsection (a) that fails to:
71147 (1) redistrict election districts; or
148+ES 135—LS 6278/DI 149 5
72149 (2) recertify existing districts under section 8 of this chapter;
73150 before June 30, 2025, shall not be entitled to receive payment of
74151 any salary or fees, as fixed by law, until the redistricting authority
75152 complies with subsection (a).
76153 (d) This section expires July 1, 2025.
77-SECTION 3. An emergency is declared for this act.
78-SEA 135 President of the Senate
79-President Pro Tempore
80-Speaker of the House of Representatives
81-Governor of the State of Indiana
82-Date: Time:
83-SEA 135
154+SECTION 3. An emergency is declared for this act.".
155+Delete page 3.
156+Renumber all SECTIONS consecutively.
157+(Reference is to SB 135 as printed January 23, 2024.)
158+GASKILL
159+_____
160+COMMITTEE REPORT
161+Mr. Speaker: Your Committee on Elections and Apportionment, to
162+which was referred Senate Bill 135, has had the same under
163+consideration and begs leave to report the same back to the House with
164+the recommendation that said bill do pass.
165+(Reference is to SB 135 as reprinted January 30, 2024.)
166+WESCO
167+Committee Vote: Yeas 11, Nays 0
168+ES 135—LS 6278/DI 149