Citations Affected: IC 2-1.5; IC 2-2.1-1-2.7; IC 3-3-2; IC 3-3-3; 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. Requires the legislative services
agency to provide staff and administrative services to the commission.
Establishes standards to govern the commission and the legislative
services agency in the creation of redistricting plans. Requires the
general assembly to meet and to enact redistricting plans for general
assembly districts before October 1 of a redistricting year. Provides that
the commission's plan for congressional districts becomes the
congressional district plan when adopted by the commission unless the
general assembly enacts a different plan by law. 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. Provides that the new redistricting procedures applies to
establishment of legislative or congressional districts required after
December 31, 2010. Repeals the current law relating to congressional
redistricting. Makes an appropriation.
Effective: Upon passage.
January 13, 2011, read first time and referred to Committee on Elections.
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly and to make an appropriation.
March 15, 2011:
(1) Appoint two (2) individuals to be commission members.
(2) Certify to the executive director of the agency the appointment of each individual to the commission.
(b) This section expires November 1, 2012.
Sec. 3. To be eligible to serve on the commission, an individual must be a resident of Indiana.
Sec. 4. An individual is not eligible to serve on the commission if the individual has been any of the following at any time less than six (6) years before the individual's appointment to the commission:
(1) A member of the general assembly or the Congress of the United States.
(2) A candidate for election to the general assembly or the Congress of the United States.
(3) The holder of a state office (as defined in IC 3-5-2-48).
(4) An appointed public official.
(5) The chairman or treasurer of a candidate's committee of a candidate for election to the general assembly or to the Congress of the United States required by IC 3-9-1 or federal law.
(6) An individual registered as a lobbyist under IC 2-7.
Sec. 5. (a) Before undertaking the individual's duties as a commission member, an individual appointed under section 2 or 9 of this chapter or elected under section 7 of this chapter must do each of the following:
(1) Take an oath of office.
(2) Make an affirmation that the individual will:
(A) apply the provisions of this article in an honest and independent manner; and
(B) uphold public confidence in the integrity of the redistricting process.
(3) Make a written pledge that the individual will not be a candidate for:
(A) election to the general assembly; or
(B) selection to fill a vacancy in the general assembly;
at any time before the second election for members of the general assembly after the individual's appointment to the commission.
(b) A member's oath, affirmation, and pledge shall be filed with the agency.
Sec. 6. An individual serves as a commission member until the
earlier of the following:
(1) The individual vacates the individual's membership on the commission.
(2) The appointment of a new commission under this chapter following a federal decennial census.
Sec. 7. (a) Not later than February 1 of a redistricting year, the executive director of the agency shall convene the members appointed under section 2 of this chapter to elect the commission's chair.
(b) The commission's chair:
(1) may not be an individual appointed under section 2 of this chapter; and
(2) must have all the other qualifications required by this chapter to be a commission member.
(c) The individual elected under this section becomes the commission's chair upon satisfying the requirements of section 5 of this chapter.
Sec. 7.1. (a) Notwithstanding section 7(a) of this chapter, the executive director of the agency shall convene the members appointed under section 2.1 of this chapter not later than March 21, 2011, to elect the commission's chair.
(b) This section expires November 1, 2012.
Sec. 8. A commission member may be removed from office for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office as provided by law for the removal of other public officers.
Sec. 9. (a) If the position of commission chair becomes vacant, the executive director of the agency shall convene the commission in the same manner as provided in section 7 of this chapter to elect an individual to fill the vacancy not later than fifteen (15) days after the vacancy occurs.
(b) If a vacancy other than a vacancy described in subsection (a) occurs on the commission, the leader of the caucus whose leader appointed the member whose position is vacant shall appoint an individual to fill the vacancy not later than fifteen (15) days after the vacancy occurs.
Sec. 10. (a) Except as provided in subsection (b), five (5) members of the commission constitute a quorum.
(b) All commission members must be present for the commission to adopt or recommend a plan.
Sec. 11. The affirmative vote of five (5) commission members is necessary for the commission to take official action.
instruction of the commission provides an answer, the executive
director of the agency shall submit a written request to the
commission for direction.
Sec. 4. (a) The agency shall do the following:
(1) Create maps of legislative district plans and congressional district plans that conform to this article and the commission's instructions.
(2) Prepare written descriptions of the maps created under subdivision (1).
(3) Evaluate maps submitted by the public for conformance with the standards described in IC 2-1.5-5.
(b) The agency shall produce as many different plans as the commission instructs:
(1) not earlier than June 1 of a redistricting year; and
(2) not later than June 15 of the redistricting year.
(c) The agency shall publish the descriptions and maps:
(1) prepared for the commission by the agency; and
(2) submitted to the commission from the public;
as directed by the commission not later than June 15 of a redistricting year.
Sec. 5. (a) As directed by the commission, the agency shall receive for the commission written public comments regarding the plans after publication of the plans.
(b) Not later than July 31 of a redistricting year, the commission shall conduct at least one (1) public hearing in each of the following regions of Indiana, as determined by the commission:
(1) Northern Indiana.
(2) Central Indiana.
(3) Southern Indiana.
(c) The commission may hold hearings in addition to the hearings required by subsection (b).
(d) The commission shall do the following at any hearings held under this section:
(1) Explain the redistricting procedure.
(2) Present the plans prepared for the commission by the agency.
(3) Have available the plans submitted by the public and the agency's evaluation of those plans.
(4) Hear public comments and suggestions.
(e) The commission may take other actions the commission considers appropriate to do the following:
(1) Explain the redistricting procedure or the plans to the
(2) Receive public comments and suggestions.
Sec. 6. (a) Not later than September 1 of a redistricting year, the commission shall meet to adopt a report to the general assembly. The report must include the following:
(1) A summary of the commission's and the agency's preparation for the commission's work.
(2) A description of the hearings held under section 5 of this chapter.
(3) A summary of the public comments and suggestions received in writing and at the hearings.
(4) The commission's recommendation to the general assembly for each of the following:
(A) A district plan for the house of representatives.
(B) A district plan for the senate.
(5) The commission's plan for congressional districts.
(6) Maps for each plan, including both a statewide map and a map for each district.
(7) A bill that would enact each of the plans described in subdivision (4).
(b) The commission may include any other information in the report that the commission considers useful to explain the commission's work or recommendations.
(c) The report required by this section must be submitted to the legislative council in an electronic format under IC 5-14-6.
Sec. 7. The commission shall:
(1) recommend to the general assembly the plan for house and senate districts; and
(2) adopt the plan for congressional districts;
that the commission considers the best in meeting the standards set forth in IC 2-1.5-5.
Sec. 8. (a) A plan for congressional districts becomes the plan when adopted by the commission unless the general assembly enacts a different plan by law.
(b) The executive director of the agency shall file the congressional district plan adopted by the commission with the secretary of state not later than ten (10) days after the commission adopts the plan.
Chapter 5. Redistricting Standards
Sec. 1. Districts created for the house of representatives, the senate, and the United States House of Representatives must comply with the standards of this chapter.
(4) Whether a plan avoids oddly shaped districts. Rational and logical deviations may occur from this standard where an effort is made to follow a political subdivision's boundaries or to follow natural geographic boundaries.
repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under
IC 3-3. IC 2-1.5.