Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 135
AN ACT to amend the Indiana Code concerning elections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-5-10-7, AS AMENDED BY P.L.227-2023,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) Subject to section sections 7.1 and 8 of
this chapter, a redistricting authority shall redistrict election districts at
the following times:
(1) If the census event is a federal decennial census, the
following:
(A) For a county executive or county fiscal body, only during
the first year after the federal decennial census is conducted.
(B) For a school corporation, only during the first year after
the federal decennial census is conducted.
(C) For a municipality that conducts its municipal elections in
an odd-numbered year, only during the second year after the
federal decennial census is conducted.
(D) For a municipality that conducts its municipal elections in:
(i) an even-numbered year; or
(ii) both an even-numbered year and an odd-numbered year;
only during the first year after the federal decennial census is
conducted.
(E) For the legislative body of a township in a county having
a consolidated city, only during the first year after the federal
decennial census is conducted.
SEA 135 2
(2) For a census event other than a federal decennial census, only
during the first year after the year the census event becomes
effective with respect to the political subdivision, as provided in
IC 1-1-3.5-3.
(3) Whenever a county adopts an order declaring a county
boundary to be changed under IC 36-2-1-2 that affects the
boundaries of the political subdivision.
(4) Whenever required to assign annexed territory to a district,
subject to the provisions of IC 36-4-3.
(5) Whenever the boundary of the political subdivision is
changed.
(6) As provided in the order of a court that has found the current
redistricting plan unconstitutional or otherwise unlawful.
(b) Except as provided in section 7.1 of this chapter, a
redistricting authority may not redistrict at a time other than is provided
in subsection (a).
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
(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.
SEA 135 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 135