Introduced Version






HOUSE BILL No. 1082

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-5; IC 3-10-7 ; IC 3-11-1.5-4 ; IC 36-1-2-2.5 ; IC 36-4; IC 36-5.

Synopsis: Voting in municipal buffer zones. Provides that a voter who resides in a municipality's buffer zone is entitled to vote in any municipal or special election held in that municipality.

Effective: July 1, 2000.





Smith M




    January 10, 2000, read first time and referred to Committee on Elections and Apportionment.







Introduced

Second Regular Session 111th General Assembly (2000)


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 1999 General Assembly.

HOUSE BILL No. 1082



    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 3-5-2-5.8; (00)IN1082.1.1. -->     SECTION 1. IC 3-5-2-5.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5.8. "Buffer zone" has the meaning set forth in IC 36-1-2-2.5.
SOURCE: IC 3-5-8; (00)IN1082.1.2. -->     SECTION 2. IC 3-5-8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
     Chapter 8. Voters Residing in Buffer Zones
    Sec. 1. A voter who resides in a municipality's buffer zone is entitled to vote in a municipal or special election held in that municipality.
    Sec. 2. A voter who resides in a municipality's buffer zone is considered a voter of that municipality for all purposes related to any municipal or special election held in that municipality.
    Sec. 3. As provided in Article 6, Section 6 of the Constitution of the State of Indiana, a voter who resides in a municipality's buffer zone may not hold a local office in that municipality.

SOURCE: IC 3-10-7-22; (00)IN1082.1.3. -->     SECTION 3. IC 3-10-7-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 22. (a) A town election board shall appoint a precinct election board for each precinct in the town or in the town's buffer zone.
    (b) If a precinct is wholly or partly in the town, the town election board may designate the polls for the precinct to be at the polls for an adjoining precinct, using the precinct election board of the adjoining precinct.
    (c) Each precinct election board consists of:
        (1) one (1) inspector; and
        (2) two (2) judges of opposite political parties.
     (d) The members of a precinct election board must be voters who reside in the town unless the precinct is wholly within the town's buffer zone. If the precinct is wholly within the town's buffer zone, the members of the precinct election board must be voters who reside within the buffer zone.
SOURCE: IC 3-10-7-24; (00)IN1082.1.4. -->     SECTION 4. IC 3-10-7-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 24. A town election board shall appoint two (2) poll clerks, and may appoint two (2) assistant poll clerks, of opposite political parties for each precinct in the town or in the town's buffer zone. Except as otherwise provided in this chapter, the poll clerks and assistant poll clerks have the same powers and duties, and are subject to the same qualifications and penalties, as poll clerks and assistant poll clerks appointed for a general election under IC 3-6-6-2 and IC 3-6-6-3.
SOURCE: IC 3-10-7-25; (00)IN1082.1.5. -->     SECTION 5. IC 3-10-7-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 25. (a) A town election board shall appoint two (2) election sheriffs of opposite political parties for each precinct in the town or in the town's buffer zone. Except as otherwise provided in this chapter, the election sheriffs have the same powers and duties, and are subject to the same qualifications and penalties, as election sheriffs appointed for a general election under IC 3-6-6-5.
    (b) A town election board may adopt a resolution providing that the judges of each precinct that
        (1) is located wholly or partially in the town; and
        (2) will contain no more than two hundred fifty (250) registered voters on municipal election day
shall perform the duties and have the rights of the election sheriffs of the precinct. This resolution remains in effect until repealed by the town election board.
SOURCE: IC 3-10-7-26; (00)IN1082.1.6. -->     SECTION 6. IC 3-10-7-26 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 26. The appointed member of a town election board who represents the major political party whose nominee received the highest number of votes in the county for secretary of state at the last election may nominate one (1) person to serve as inspector for each precinct in the town or in the town's buffer zone.

SOURCE: IC 3-10-7-27; (00)IN1082.1.7. -->     SECTION 7. IC 3-10-7-27 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 27. Each of the appointed members of a town election board may nominate:
        (1) one (1) person to serve as a judge;
        (2) one (1) person to serve as an election sheriff, except in a precinct subject to a resolution adopted under section 25 of this chapter;
        (3) one (1) person to serve as a poll clerk; and
        (4) one (1) person to serve as an assistant poll clerk, if assistant poll clerks are to be appointed;
for each precinct in the town or in the town's buffer zone.
SOURCE: IC 3-10-7-29; (00)IN1082.1.8. -->     SECTION 8. IC 3-10-7-29 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 29. Each political party that has a candidate on the ballot in a municipal election under this chapter may appoint one (1) challenger and one (1) pollbook holder for each precinct in the town or in the town's buffer zone. These persons have the same powers and duties, and are subject to the same qualifications and penalties, as challengers and pollbook holders appointed under IC 3-6-7-1.
SOURCE: IC 3-10-7-30; (00)IN1082.1.9. -->     SECTION 9. IC 3-10-7-30 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 30. (a) The circuit court clerk or board of registration of each county in which a town described in section 1 of this chapter is located shall prepare copies of the list of registered voters for each precinct in the town or in the town's buffer zone at least ten (10) days before a municipal election under this chapter. The lists must include the full name, address, and assigned identification number of each voter. Two (2) copies of the list shall be presented to the town election board for use at the polls on election day.
    (b) Not later than twenty-four (24) days before election day, the circuit court clerk or board of registration shall provide a list of the town's registered voters in the town to the town election board to permit the board to conduct absentee ballot voting.
SOURCE: IC 3-10-7-32; (00)IN1082.1.10. -->     SECTION 10. IC 3-10-7-32 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 32. (a) A town election board shall determine what voting method will be used in a municipal

election.
    (b) The town election board and its precinct election officers shall perform the duties of the county election board and its precinct election officers under IC 3-11 for each voting method used.
    (c) The town election board shall prepare the ballots in the form prescribed by IC 3-11-2 and distribute them to the precincts in the town or in the town's buffer zone.
    (d) Notwithstanding subsection (c), the town election board, by unanimous consent of the board's entire membership, may authorize the printing or reproduction of ballots on equipment under the control of the town clerk-treasurer. If the town election board acts under this subsection, the ballots are not required to conform to the precise dimensions concerning the size of political party devices under IC 3-11-2-9 or the placement of a candidate's name under IC 3-11-2-10 (e). However, the ballots must otherwise substantially conform with IC 3-11-2.

SOURCE: IC 3-11-1.5-4; (00)IN1082.1.11. -->     SECTION 11. IC 3-11-1.5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. A county executive shall establish precincts so that each boundary of each precinct does not cross the boundary of any of the following:
        (1) The state.
        (2) A county.
        (3) A township.
        (4) A city.
        (5) A district of the House of Representatives of the Congress of the United States.
        (6) A district of the senate of the general assembly. or
        (7) A district of the house of representatives of the general assembly.
         (8) A buffer zone.
SOURCE: IC 36-1-2-2.5; (00)IN1082.1.12. -->     SECTION 12. IC 36-1-2-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2.5. "Buffer zone" refers to any part of the unincorporated area contiguous to a municipality that has been designated by the municipality's municipal plan commission under IC 36-7-4-205.
SOURCE: IC 36-4-2-2; (00)IN1082.1.13. -->     SECTION 13. IC 36-4-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) If the legislative bodies of two (2) or more adjoining municipalities each agree, by resolution, on:
        (1) the date of an election to consider the merger of the municipalities; and
        (2) the name by which the municipality formed by the merger would be known;
the municipalities shall certify the question to the county election board. The board shall conduct an election to consider the merger. The election shall be held in each of the municipalities.
    (b) Notice of an election under this section shall be given in each municipality by publication in the manner prescribed by IC 5-3-1.
    (c) An election under this section shall be held in each municipality in the manner prescribed by IC 3-10-8-6. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall ______ and _____ merge and become the (City or Town) of _____?".
    (d) The election board shall report the results of the election to each legislative body, and a certified copy of the result of the election in for each municipality shall be filed with the legislative body of each of the municipalities involved in the election.
    (e) If a majority of the votes cast in by the voters of each of the municipalities is in favor of the merger, the municipalities are merged under the terms prescribed by this section and sections 9 through 17 of this chapter. A certified copy of the agreement, and of the result of the election, shall be filed in the office of the recorder of the county or counties in which the new municipality is located. The agreement must be:
        (1) signed by the municipal executive;
        (2) attested by the clerk; and
        (3) sealed with the seal;
of each of the constituent municipalities. Copies of the record shall be received in all courts and places as conclusive of the merger of the municipality under the name agreed on.
SOURCE: IC 36-4-2-6; (00)IN1082.1.14. -->     SECTION 14. IC 36-4-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. (a) An election held under section 3 of this chapter shall be held in each municipality in the manner prescribed by IC 3-10-8-6. Each municipality is responsible for the expense of the election within held for its own corporate boundaries. voters.
    (b) A voter in an election held under section 3 of this chapter may:
        (1) vote "Yes" or "No" on the proposed merger; and
        (2) vote in favor of one (1) proposed name listed on the ballot under section 5 of this chapter.
SOURCE: IC 36-4-2-7; (00)IN1082.1.15. -->     SECTION 15. IC 36-4-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) After an election held under section 3 of this chapter, the election board shall file with

the clerk of each municipality the returns of the election in each voting precinct in the manner prescribed by IC 3-12-4.
    (b) Within ten (10) days after an election held under section 3 of this chapter, the election board shall certify and file with:
        (1) the legislative bodies of the municipalities; and
        (2) the county auditor;
a copy of the result of the election in for each municipality. The county auditor shall enter the copy he the auditor receives in the records of the county executive.
    (c) If, in an election held under section 3 of this chapter, a majority of the votes cast in by the voters of each of the municipalities is in favor of the merger, the municipalities are merged under the terms prescribed by sections 9 through 17 of this chapter. After the merger becomes effective, the name of the new municipality is the name receiving the highest number of votes at the election.

SOURCE: IC 36-4-2-11; (00)IN1082.1.16. -->     SECTION 16. IC 36-4-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 11. (a) The election prescribed by section 10 of this chapter shall be conducted in the manner prescribed by the applicable election statutes, except that there must be a joint election board for the new municipality in place of separate boards for each of the merging municipalities. The joint election board consists of:
        (1) the clerks of each of the merging municipalities; and
        (2) three (3) persons appointed by the executive of the county in which the merging municipalities are located, not more than two (2) of whom are resident voters of one (1) of the merging municipalities.
    (b) In order to conduct the election prescribed by section 10 of this chapter, the joint election board shall meet and organize in the manner prescribed by IC 3-6 for election boards and has the same powers and duties as those boards. All subsequent primary and general elections in the new municipality shall be held in the manner prescribed by statute.
SOURCE: IC 36-4-2-12; (00)IN1082.1.17. -->     SECTION 17. IC 36-4-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 12. (a) The legislative bodies of municipalities that vote to merge under this chapter shall meet in joint session at the hall of the municipality having the largest population at 8 p.m. on the second Monday of January of the next year in which a general municipal election is to be held. At the joint meeting, the legislative bodies shall:
        (1) elect a presiding officer and clerk; and
        (2) fix, by joint resolution, the boundaries of the districts from which members will be elected to the legislative body of the new

municipality.
The legislative bodies shall fix the district boundaries so that, as nearly as is possible, all parts of the merging municipalities (including the buffer zones of any of the municipalities) have equal representation in the legislative body of the new municipality. The district boundaries fixed under this subsection constitute the district boundaries for the new municipality until they are altered by the legislative body of the new municipality.
    (b) If any territory in the municipality or in the municipality's buffer zone is not included in one (1) of the districts established under subsection (a), the territory is included in the district that:
        (1) is contiguous to that territory; and
        (2) contains the least population of all districts contiguous to that territory.
    (c) If any territory in the municipality or in the municipality's buffer zone is included in more than one (1) of the districts established under subsection (a), the territory is included in the district that:
        (1) is one (1) of the districts in which the territory is described in the joint resolution adopted under subsection (a);
        (2) is contiguous to that territory; and
        (3) contains the least population of all districts contiguous to that territory.
    (d) A copy of the joint resolution passed under subsection (a) shall be:
        (1) certified by the presiding officer;
        (2) attested by the clerk; and
        (3) filed with the legislative body of each of the merging municipalities and the circuit court clerk of each county in which the municipalities are located.

SOURCE: IC 36-4-6-3; (00)IN1082.1.18. -->     SECTION 18. IC 36-4-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) This section applies only to second class cities.
    (b) The legislative body shall adopt an ordinance to divide the city and areas in the city's buffer zone into six (6) districts that:
        (1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;
        (2) are reasonably compact;
        (3) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and
        (4) contain, as nearly as is possible, equal population.
    (c) The boundary of a city legislative body district may cross a precinct boundary line if:
        (1) more than one (1) member of the legislative body elected from the districts established under subsection (b) resides in one (1) precinct established under IC 3-11-1.5 after the most recent municipal election; and
        (2) following the establishment of a legislative body district whose boundary crosses a precinct boundary line, not more than one (1) member of the legislative body elected from districts resides within the same city legislative body district.
    (d) The boundary of a city legislative body district may cross a precinct line if the districts would not otherwise contain, as nearly as is possible, equal population.
    (e) A city legislative body district with a boundary described by subsection (c) or (d) may not cross a census block boundary line except:
        (1) when following a precinct boundary line; or
        (2) the city legislative body certifies in the ordinance that the census block has no population, and is not likely to ever have population.
    (f) The legislative body may not adopt an ordinance dividing the city into districts with boundaries described by subsection (c) or (d) unless the clerk of the city mails a written notice to the circuit court clerk. The notice must:
        (1) state that the legislative body is considering the adoption of an ordinance described by this subsection; and
        (2) be mailed not later than ten (10) days before the legislative body adopts the ordinance.
    (g) The division under subsection (b) shall be made in 2002, every ten (10) years after that, and when required to assign annexed territory or buffer zone area to a district. This division may be made at any other time, subject to IC 3-11-1.5-32.
    (h) The legislative body is composed of six (6) members elected from the districts established under subsection (b) and three (3) at-large members.
    (i) Each voter of the city may vote for three (3) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The three (3) at-large candidates receiving the most votes from the whole city (including the city's buffer zone) and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
    (j) If any territory in the city or the city's buffer zone is not included in one (1) of the districts established under this section, the territory is included in the district that:
        (1) is contiguous to that territory; and
        (2) contains the least population of all districts contiguous to that territory.
    (k) If any territory in the city or in the city's buffer zone is included in more than one (1) of the districts established under this section, the territory is included in the district that:
        (1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
        (2) is contiguous to that territory; and
        (3) contains the least population of all districts contiguous to that territory.
    (l) A copy of the ordinance establishing districts under this section must be filed with the circuit court clerk of the county that contains the greatest population of the city not later than thirty (30) days after the ordinance is adopted.
SOURCE: IC 36-4-6-4; (00)IN1082.1.19. -->     SECTION 19. IC 36-4-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) This section applies to third class cities, except as provided by section 5 of this chapter.
    (b) This subsection does not apply to a city with an ordinance described by subsection (j). The legislative body shall adopt an ordinance to divide the city and areas in the city's buffer zone into five (5) districts that:
        (1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;
        (2) are reasonably compact;
        (3) do not cross precinct boundary lines except as provided in subsection (c) or (d); and
        (4) contain, as nearly as is possible, equal population.
    (c) The boundary of a city legislative body district may cross a precinct boundary line if:
        (1) more than one (1) member of the legislative body elected from the districts established under subsection (b) or (j) resides in one (1) precinct established under IC 3-11-1.5 after the most recent municipal election; and
        (2) following the establishment of a legislative body district whose boundary crosses a precinct boundary line, not more than one (1) member of the legislative body elected from the districts resides within the same city legislative body district.
    (d) The boundary of a city legislative body district may cross a precinct line if the districts would not otherwise contain, as nearly as is possible, equal population.
    (e) A city legislative body district with a boundary described by subsection (c) or (d) may not cross a census block boundary line except:
        (1) when following a precinct boundary line; or
        (2) the city legislative body certifies in the ordinance that the census block has no population, and is not likely to ever have population.
    (f) The legislative body may not adopt an ordinance dividing the city into districts with boundaries described by subsection (c) or (d) unless the clerk of the city mails a written notice to the circuit court clerk. The notice must:
        (1) state that the legislative body is considering the adoption of an ordinance described by this subsection; and
        (2) be mailed not later than ten (10) days before the legislative body adopts the ordinance.
    (g) The division under subsection (b) or (j) shall be made in 2002, every ten (10) years after that, and when required to assign annexed territory or city buffer zone area to a district. This division may be made at any other time, subject to IC 3-11-1.5-32.
    (h) This subsection does not apply to a city with an ordinance described by subsection (j). The legislative body is composed of five (5) members elected from the districts established under subsection (b) and two (2) at-large members.
    (i) This subsection does not apply to a city with an ordinance described by subsection (j). Each voter of the city may vote for two (2) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The two (2) at-large candidates receiving the most votes from the whole city (including the city's buffer zone) and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
    (j) A city may adopt an ordinance under this subsection to divide the city and any areas in the city's buffer zone into four (4) districts that:
        (1) are composed of contiguous territory;
        (2) are reasonably compact;
        (3) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and
        (4) contain, as nearly as is possible, equal population.
    (k) This subsection applies to a city with an ordinance described by subsection (j). The legislative body is composed of four (4) members elected from the districts established under subsection (j) and three (3) at-large members.
    (l) This subsection applies to a city with an ordinance described by

subsection (j). Each voter of the city may vote for three (3) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The three (3) at-large candidates receiving the most votes from the whole city (including the city's buffer zone) and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
    (m) A copy of the ordinance establishing districts under this section must be filed with the circuit court clerk of the county that contains the greatest population of the city no later than thirty (30) days after the ordinance is adopted.
    (n) If any territory in the city or in the city's buffer zone is not included in one (1) of the districts established under this section, the territory is included in the district that:
        (1) is contiguous to that territory; and
        (2) contains the least population of all districts contiguous to that territory.
    (o) If any territory in the city or in the city's buffer zone is included in more than one (1) of the districts established under this section, the territory is included in the district that:
        (1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
        (2) is contiguous to that territory; and
        (3) contains the least population of all districts contiguous to that territory.

SOURCE: IC 36-4-6-5; (00)IN1082.1.20. -->     SECTION 20. IC 36-4-6-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5. (a) This section applies to third class cities having a population of less than ten thousand (10,000). The legislative body of such a city may, by ordinance adopted before September 1, 1982, decide to be governed by this section instead of section 4 of this chapter. If this ordinance is repealed after August 31, 1982, except as a part of a codification of ordinances that reenacts the ordinance under IC 36-1-5-6 , then section 4 of this chapter again applies to the city. The clerk of the legislative body shall send a certified copy of any ordinance adopted under this subsection to the secretary of the county election board.
    (b) This subsection does not apply to a city with an ordinance described by subsection (j). The legislative body shall adopt an ordinance to divide the city and areas in the city's buffer zone into four (4) districts that:
        (1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;
        (2) are reasonably compact;
        (3) do not cross precinct boundary lines except as provided in subsection (c) or (d); and
        (4) contain, as nearly as is possible, equal population.
    (c) The boundary of a city legislative body district may cross a precinct boundary line if:
        (1) more than one (1) member of the legislative body elected from the districts established under subsection (b) or (j) resides in one (1) precinct established under IC 3-11-1.5 after the most recent municipal election; and
        (2) following the establishment of a legislative body district whose boundary crosses a precinct boundary line, not more than one (1) member of the legislative body elected from the districts resides within the same city legislative body district.
    (d) The boundary of a city legislative body district may cross a precinct line if the districts would not otherwise contain, as nearly as is possible, equal population.
    (e) A city legislative body district with a boundary described by subsection (c) or (d) may not cross a census block boundary line except:
        (1) when following a precinct boundary line; or
        (2) the city legislative body certifies in the ordinance that the census block has no population, and is not likely to ever have population.
    (f) The legislative body may not adopt an ordinance dividing the city into districts with boundaries described by subsection (c) or (d) unless the clerk of the city mails a written notice to the circuit court clerk. The notice must:
        (1) state that the legislative body is considering the adoption of an ordinance described by this subsection; and
        (2) be mailed not later than ten (10) days before the legislative body adopts the ordinance.
    (g) The division under subsection (b) or (j) shall be made in 2002, every ten (10) years after that, and when required to assign annexed territory or buffer zone area to a district. This division may be made at any other time, subject to IC 3-11-1.5-32.
    (h) This subsection does not apply to a city with an ordinance described by subsection (j). The legislative body is composed of four (4) members elected from the districts established under subsection (b) and one (1) at-large member.
    (i) This subsection does not apply to a city with an ordinance described by subsection (j). Each voter of the city may vote for one (1) candidate for at-large membership and one (1) candidate from the

district in which the voter resides. The at-large candidate receiving the most votes from the whole city (including the city's buffer zone) and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
    (j) A city may adopt an ordinance under this subsection to divide the city and areas in the city's buffer zone into three (3) districts that:
        (1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;
        (2) are reasonably compact;
        (3) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and
        (4) contain, as nearly as is possible, equal population.
    (k) This subsection applies to a city with an ordinance described by subsection (j). The legislative body is composed of three (3) members elected from the districts established under subsection (j) and two (2) at-large members.
    (l) This subsection applies to a city with an ordinance described by subsection (j). Each voter of the city may vote for two (2) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The two (2) at-large candidates receiving the most votes from the whole city (including the city's buffer zone) and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
    (m) This subsection applies to a city having a population of less than seven thousand (7,000). A legislative body of such a city that has, by resolution adopted before May 7, 1991, decided to continue an election process that permits each voter of the city to vote for one (1) candidate at large and one (1) candidate from each of its four (4) council districts may hold elections using that voting arrangement. The at-large candidate and the candidate from each district receiving the most votes from the whole city are elected to the legislative body. The districts established in cities adopting such a resolution may cross precinct boundary lines.
    (n) A copy of the ordinance establishing districts under this section must be filed with the circuit court clerk of the county that contains the greatest population of the city not later than thirty (30) days after the ordinance is adopted.
    (o) If any territory in the city or the city's buffer zone is not included in one (1) of the districts established under this section, the territory is included in the district that:
        (1) is contiguous to that territory; and
        (2) contains the least population of all districts contiguous to that

territory.
    (p) If any territory in the city or the city's buffer zone is included in more than one (1) of the districts established under this section, the territory is included in the district that:
        (1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
        (2) is contiguous to that territory; and
        (3) contains the least population of all districts contiguous to that territory.

SOURCE: IC 36-5-1-17; (00)IN1082.1.21. -->     SECTION 21. IC 36-5-1-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 17. (a) An election under section 16 of this chapter shall be held in for the town. The voters shall, by ballot, vote on the question submitted to them. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the town of ___________________ dissolve?" or "Shall the town of _________________ change its name to ______________________?".
    (b) Within four (4) days after the canvass of the vote by the county election board, the town clerk shall prepare and attest a statement of all the votes cast at the election, to be signed by the members of the county election board and filed with:
        (1) the clerk of the county in which the greatest percentage of the population of the town is located; and
        (2) the state certifying official designated under IC 3-6-4.2-11. office of the secretary of state.
SOURCE: IC 36-5-2-4.1; (00)IN1082.1.22. -->     SECTION 22. IC 36-5-2-4.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4.1. (a) The legislative body may, by ordinance, divide the town and area in the town's buffer zone into districts for the purpose of conducting elections of town officers.
    (b) A town legislative body district must comply with the following standards:
        (1) The district must be composed of contiguous territory, except for territory that is not contiguous to any other part of the town.
        (2) The district must be reasonably compact.
        (3) The district must contain, as nearly as is possible, equal population.
        (4) The district may not cross a census block boundary except when following a precinct boundary line or when the ordinance specifies that the census block has no population and is not likely to ever have population.
        (5) The district may not cross precinct lines, except as provided

in subsection (c).
    (c) The boundary of a town legislative body district established under subsection (a) may cross a precinct boundary line if:
        (1) the legislative body provides by ordinance under section 5 of this chapter that all legislative body members are to be elected at large by the voters of the whole town; or
        (2) the district would not otherwise contain, as nearly as is possible, equal population.
    (d) If any territory in the town or the town's buffer zone is not included in one (1) of the districts established under this section, the territory is included in the district that:
        (1) is contiguous to that territory; and
        (2) contains the least population of all districts contiguous to that territory.
    (e) If any territory in the town or the town's buffer zone is included in more than one (1) of the districts established under this section, the territory is included in the district that:
        (1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
        (2) is contiguous to that territory; and
        (3) contains the least population of all districts contiguous to that territory.
    (f) The ordinance may be appealed in the manner prescribed by IC 34-13-6. If the town is located in two (2) or more counties, the appeal may be filed in the circuit or superior court of any of those counties.
    (g) This subsection does not apply to a town with an ordinance described by subsection (h). The division permitted by subsection (a) shall be made in 2002, every ten (10) years after that, subject to IC 3-11-1.5-32 , and when required to assign annexed territory or buffer zone area to a municipal legislative body district. The division may also be made in any other year.
    (h) This subsection applies to a town having a population of less than three thousand five hundred (3,500). The town legislative body may adopt an ordinance providing that:
        (1) town legislative body districts are abolished; and
        (2) all members of the legislative body are elected at large by the voters of the town.
    (i) An ordinance described by subsection (h):
        (1) may not be adopted or repealed during a year in which a municipal election is scheduled to be conducted in the town under IC 3-10-6 or IC 3-10-7 ; and


        (2) is effective upon passage.
    (j) A copy of the ordinance establishing districts under this section must be filed with the circuit court clerk of the county that contains the greatest population of the town not later than thirty (30) days after the ordinance is adopted.
SOURCE: IC 36-5-2-4.2; (00)IN1082.1.23. -->     SECTION 23. IC 36-5-2-4.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4.2. (a) This section applies to the alteration of the number of members of a legislative body.
    (b) The legislative body may adopt a resolution to submit a public question on the number of legislative body members to the voters of the town. The resolution must state the following:
        (1) The proposed number of legislative body members, which must be at least three (3) and not more than seven (7).
        (2) The date of the general, municipal, or special election at which the public question will appear on the ballot.
        (3) That the following question will be placed on the ballot in the form provided by IC 3-10-9-4 :
            "Shall the number of town council members be increased (or decreased, if applicable) from ___________ (insert the current number of members provided for) to _________ (insert the number of members proposed in the resolution)?".
    (c) IC 3 applies to an election conducted under subsection (b). If the county election board will conduct the election at which the public question will be submitted, the question must be certified to the board under IC 3-10-9-3.
    (d) If a majority of the votes cast on the question under subsection (b) are in the negative, the legislative body may not adopt a resolution under subsection (b) for at least one (1) year following the date the prior resolution was adopted.
    (e) If a majority of votes cast on the question under subsection (b) are in the affirmative, the legislative body shall adopt an ordinance at its next regular meeting following the election altering the number of legislative body members to the number specified in the public question. The legislative body may also alter existing districts and establish new districts in the manner prescribed by IC 36-5-1-10.1. section 4.1 of this chapter and IC 3-11-1.5. An ordinance adopted under this subsection becomes effective January 1 following its adoption.
    (f) If the number of legislative body members is increased, the legislative body shall fill any resulting vacancy under IC 3-13-9-4. The legislative body may fill the vacancy before the ordinance described in

subsection (e) takes effect. However, a town legislative body member appointed under this subsection does not assume office until the beginning of the term specified in section 3 of this chapter.

SOURCE: IC 36-5-2-5; (00)IN1082.1.24. -->     SECTION 24. IC 36-5-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5. (a) The legislative body has:
        (1) one (1) member for each district established under:
            (A) IC 36-5-1-10.1 ; or
            (B) section 4.1 or 4.2 of this chapter; or
        (2) the number of members provided for when the town adopted an ordinance under section 4.1 of this chapter abolishing town legislative body districts.
    (b) The legislative body shall provide by ordinance that its members:
        (1) are to be elected by the voters of the district in which they reside;
        (2) are to be elected at large by all the voters of the whole town; or
        (3) are to be elected both by districts and at large.
    (c) If a town legislative body adopts an ordinance under this section providing that its members are to be elected both by districts and at large, the ordinance must:
        (1) specify which seats on the legislative body are elected by the voters of a district and which are elected by all the voters of the whole town; and
        (2) provide that the ordinance is effective on January 1 following its adoption.
SOURCE: IC 36-5-2-6; (00)IN1082.1.25. -->     SECTION 25. IC 36-5-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. (a) A member of the legislative body must reside within:
        (1) the town as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
        (2) the district from which the member was elected, if applicable.
    (b) A member of the legislative body who is elected by the voters of a district forfeits office if the member ceases to be a resident of the district.
    (c) A member of the legislative body who is elected by all the voters of the entire town but is elected or selected as a candidate from a district forfeits office if the member ceases to be a resident of the district.
    (d) An at-large member of the legislative body forfeits office if the member ceases to be a resident of the town.
SOURCE: IC 36-5-6-4; (00)IN1082.1.26. -->     SECTION 26. IC 36-5-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. The clerk-treasurer shall be elected under IC 3-10-6 or IC 3-10-7 by all the voters of the whole town.