Reprinted

April 16, 2001





ENGROSSED

SENATE BILL No. 329

_____


DIGEST OF SB 329 (Updated April 12, 2001 7:51 PM - DI 51)


Citations Affected: IC 3-5; IC 3-6; IC 3-8; IC 3-11; IC 3-11.5; IC 3-12; IC 3-13; IC 36-2.

Synopsis: Candidate deadlines; voter's bill of rights. Provides that a petition of nomination must be filed for certification not later than noon June 30. Provides that a candidate may withdraw a petition of nomination by noon July15 before a general or municipal election. Provides that a county voter registration office must certify and file a petition of nomination not later than noon July 15 following the date of the primary election. Provides that the names of candidates nominated by a state convention must be certified not later than noon July 15 before the general election. Provides that a candidate vacancy for an office required to be nominated at a state convention that failed to nominate a candidate must be filled not later than noon June 30. Provides that an early candidate vacancy, except a candidate vacancy created by the death of a candidate, the withdrawal of a candidate, or
(Continued next page)

Effective: July 1, 2001.





Lawson C
(HOUSE SPONSORS _ KROMKOWSKI, WHETSTONE)




    January 16, 2001, read first time and referred to Committee on Legislative Apportionment & Elections.
    February 19, 2001, reported favorably _ Do Pass.
    February 26, 2001, read second time, amended, ordered engrossed.
    February 27, 2001, engrossed.
    March 1, 2001, read third time, passed. Yeas 48, nays 0.

HOUSE ACTION

    March 12, 2001, read first time and referred to Committee on Elections and Apportionment.
    April 5, 2001, amended, reported _ Do Pass.
    April 9, 2001, read second time, amended, ordered engrossed.
    April 10, 2001, engrossed.
    April 12, 2001, read third time, recommitted to Committee of One, amended; passed. Yeas 60, nays 31.





Digest Continued

the disqualification of a candidate, must be filled not later than noon June 30 after the primary election. Requires the election commission to prescribe a statement of the rights of a voter in Indiana. Specifies the kind of information that the statement must contain. Provides that the commission may require the voter's bill of rights to be distributed with registration and other election related materials. Requires the voter's bill of rights to be posted on the state's Internet elections website. Requires the secretary of state to request Indiana news media to include a copy of the voter's bill of rights as part of election coverage or in public service announcements before an election. Requires the voter's bill of rights to be posted in every precinct polling place on each election day. Requires the polls in each precinct in a county to close at 7 p.m., instead of 6 p.m., on election day. Provides that the time that half-day precinct election officers change is 12:30 p.m. rather than noon election day. Makes these changes effective beginning for elections held beginning in 2004. Provides that the legislative members of the Lake County redistricting commission are voting members of the commission.


Reprinted

April 16, 2001

First Regular Session 112th General Assembly (2001)


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 2000 General Assembly.


ENGROSSED

SENATE BILL No. 329



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

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

    SECTION 1. IC 3-5-2-50.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 50.4. "Voter's bill of rights" refers to the statement prescribed by the commission under IC 3-5-8.
    SECTION 2. IC 3-5-8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 8. The Voter's Bill of Rights
    Sec. 1. The commission shall prescribe a statement of the rights of a voter in Indiana that shall be known as "the voter's bill of rights".
    Sec. 2. The statement required by section 1 of this chapter must contain the following:
        (1) A statement of the qualifications that an individual must meet to vote in Indiana, including qualifications relating to registration.
        (2) A statement describing the circumstances that permit a

voter who has moved from the precinct where the voter is registered to return to that precinct to vote.
        (3) A statement that an individual who meets the qualifications and circumstances listed in subdivisions (1) and (2) may vote in the election.
        (4) A statement describing how a voter who is challenged at the polls may be permitted to vote.
        (5) A statement informing the voter what assistance is available to assist the voter at the polls.
        (6) A statement informing the voter what circumstances will spoil the voter's ballot and the procedures available for the voter to request a new ballot.
        (7) A statement describing which voters will be permitted to vote at the closing of the polls.
        (8) Other information that the commission considers important for a voter to know.
    Sec. 3. The commission may require a copy of the voter's bill of rights to be distributed with voter registration materials or other materials that are given to voters.
    Sec. 4. The secretary of state or other state agency posting election information on the state's Internet site shall include the voter's bill of rights on the site.
    Sec. 5. Not later than thirty (30) days before a primary, general, or municipal election, the secretary of state shall request Indiana news media to include a copy of the voter's bill of rights as part of election coverage or in public service announcements.

    SECTION 3. IC 3-6-6-10, AS AMENDED BY P.L.176-1999, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) A county chairman may make nominations for precinct election offices by filing the nominations in writing with the circuit court clerk no later than noon fourteen (14) days before the election.
    (b) This subsection does not apply to the office of precinct inspector. Before January 1, 2004, a county chairman may specify in the nomination of an individual for a precinct election office that the individual is nominated to serve until noon on election day and that another individual is nominated to serve in the same precinct election office beginning at noon on election day until the expiration of the term of the office under section 37(b) of this chapter. After December 31, 2003, a county chairman may specify in the nomination of an individual for a precinct election office that the individual is nominated to serve until 12:30 p.m. on election day and that

another individual is nominated to serve in the same precinct election office beginning at 12:30 p.m. on election day until the expiration of the term of the office under section 37(b) of this chapter.
    SECTION 4. IC 3-6-6-11, AS AMENDED BY P.L.176-1999, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) A county election board shall appoint the voters who are nominated for precinct election offices by the county chairmen.
    (b) This subsection does not apply to the office of precinct inspector. This subsection applies to an appointment to a precinct election office made following a nomination by a county chairman under this chapter. Before January 1, 2004, the county election board shall provide that an appointment of an individual to a precinct election office
        (1) expires at noon on election day or
        (2) begins at noon on election day and expires under section 37(b) of this chapter
if the nomination made by the county chairman specifies that the nomination is made for a term that begins or expires at those times. After December 31, 2003, the county election board shall provide that an appointment of an individual to a precinct election office expires at 12:30 p.m. on election day or begins at 12:30 p.m. on election day and expires under section 37(b) of this chapter if the nomination made by the county chairman specifies that the nomination is made for a term that begins or expires at those times.
    (c) This subsection does not apply to the office of precinct inspector. This subsection applies to an appointment to a precinct election office made by a county election board under section 13(b) of this chapter. Before January 1, 2004, the county election board may appoint an individual to a precinct election office for a term that
        (1) expires at noon on election day or
        (2) begins at noon on election day and expires under section 37(b) of this chapter. After December 31, 2003, the county election board may appoint an individual to a precinct election office for a term that expires at 12:30 p.m. on election day or begins at 12:30 p.m. on election day and expires under section 37(b) of this chapter.
    SECTION 5. IC 3-8-6-10, AS AMENDED BY P.L.176-1999, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) Except as provided in section 11 of this chapter, a petition of nomination must be submitted to the county voter

registration office of each county in which the election district is located.
    (b) The petition must be filed during the period beginning January 1 of the year in which the election will be held and ending at noon July 15 June 30 before the election.
    (c) The county voter registration office shall certify and file a petition that complies with the requirements of this chapter with the public official authorized to place names on the ballot (and with the town clerk-treasurer, if the petition of nomination is for a town office) by not later than noon August 1. July 15. Following certification of a petition under this section, the office may, upon the request of a candidate named in the petition, return the original petition to the candidate for filing with the appropriate official in accordance with this subsection.
    (d) During a year in which a federal decennial census, federal special census, special tabulation, or corrected population count becomes effective under IC 1-1-3.5, a petition of nomination may be filed for an office that will appear on the primary election ballot that year as a result of the new tabulation of population or corrected population count.
    SECTION 6. IC 3-8-6-13.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13.5. A candidate may withdraw a petition of nomination by noon:
        (1) August 1 July 15 before a general or municipal election; or
        (2) forty-five (45) days before a special election.
    SECTION 7. IC 3-8-7-8, AS AMENDED BY P.L.202-1999, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. (a) Either the chairman and secretary of a state convention or the state chairman and state secretary of the political party holding the state convention shall certify each candidate nominated at the convention to the secretary of state by not later than noon August 1 July 15 before the general election.
    (b) The certification certificate must state the following:
        (1) Whether each candidate nominated by the convention has complied with IC 3-9-1-5 by filing a campaign finance statement of organization.
        (2) That the candidate:
            (A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
            (B) agrees to comply with the provisions of IC 3-9.
        The candidate must separately sign the statement required by this

subdivision.
    (c) The commission shall prescribe the form of the certification certificate of nomination for the offices. The commission shall provide that the form of the certification certificate of nomination include the following information near the separate signature required by subsection (b)(2):
        (1) The dates for filing campaign finance reports under IC 3-9.
        (2) The penalties for late filing of campaign finance reports under IC 3-9.
    (d) A certificate of nomination must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the certificate of nomination. If there is a difference between the name on the candidate's certificate of nomination and the name on the candidate's voter registration record, the officer with whom the certificate of nomination is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's certificate of nomination.
    SECTION 8. IC 3-8-7-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. A certificate of nomination required to be filed with the election division or circuit court clerk shall be filed no not later than noon August 1 July 15 before the date fixed for the election of the person nominated.
    SECTION 9. IC 3-8-7-21, AS AMENDED BY P.L.38-1999, SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 21. (a) If a person has been nominated by two (2) or more political parties, or as an independent candidate and as the nominee of at least one (1) political party, the person must elect which of the nominations the person will accept.
    (b) The election must be in writing, signed, acknowledged before an officer authorized to take acknowledgments, and filed in the office where a declaration of candidacy must be filed for the office under IC 3-8-2 or where a certificate of nomination by a convention must be filed under this chapter by noon August 1 July 15 before the election.
    SECTION 10. IC 3-11-3-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 22. (a) Each county election board shall have printed in at least 14 point type on cards in English, braille, and any other language that the board considers necessary, the following:
        (1) Instructions for the guidance of voters in preparing their

ballots.
        (2) Instructions explaining the procedure for write-in voting.
        (3) Write-in voting notice cards that must be posted in each precinct that utilizes a voting machine or ballot card voting system that does not permit write-in voting. The notice cards must direct voters who want to cast write-in votes to request a write-in ballot from an election official.
    (b) Each county election board shall have printed in type large enough to be easily visible to voters entering the polling place a poster at least twenty-four (24) inches by thirty-six (36) inches containing the voter's bill of rights. The poster shall be printed in English, braille, Spanish, and any other language that the board considers necessary.
    (c)
The board shall furnish the number of cards and voter's bill of rights posters it determines to be adequate for each precinct to the inspector at the same time the board delivers the ballots for the precinct and shall furnish a magnifier upon request to a voter who requests a magnifier to read the cards.
    SECTION 11. IC 3-11-8-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. (a) This subsection applies before January 1, 2004. The polls in each precinct open at 6 a.m. and close at 6 p.m. on election day.
     (b) This subsection applies after December 31, 2003. The polls in each precinct open at 6 a.m. and close at 7 p.m. on election day.
    SECTION 12. IC 3-11-10-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. On election day each circuit court clerk (or an agent of the clerk) shall visit the appropriate post office to accept delivery of absentee envelopes at the latest possible time that will permit delivery of the ballots to the appropriate precinct election boards before 6 p.m. the polls close.
    SECTION 13. IC 3-11-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) On the morning of election day, the precinct election officers shall meet at the polls at least one (1) hour before the time for opening the polls. The inspector then shall have:
        (1) the chute erected;
        (2) the sample ballots, and instruction cards, and voter's bill of rights posters posted; and
        (3) everything put in readiness for the commencement of voting at the opening of the polls.
    (b) At the opening of the polls, the inspector and judges shall see that there are no ballots in the ballot box before the voting begins. After

the inspection of the box, the inspector shall:
        (1) securely lock the box;
        (2) give one (1) key to the judge of the opposite political party; and
        (3) retain one (1) key.
    (c) Once securely locked, the ballot box may not be opened again until after the polls have been closed and the precinct election board is ready to immediately proceed with the counting, except as otherwise provided for central counting.
    (d) The voting booths or compartments must be of a size and design to permit a voter to mark ballots in secret.
    SECTION 14. IC 3-11-12-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 24. On the morning of election day, each precinct election board, the poll clerks, and the election sheriffs shall meet at the polls at least one (1) hour before the time for opening the polls. The inspector then shall have:
        (1) the chute erected;
        (2) the sample ballots, and instruction cards, and voter's bill of rights posters posted; and
        (3) everything put in readiness for the commencement of voting at the opening of the polls.
    SECTION 15. IC 3-11-12-26 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26. Each county election board shall be at its office from 5 a.m. until 6 p.m. the polls close on election day. Upon notice that a voting machine is out of order or fails to work, the board shall be ready between those hours to deliver to any precinct in the county:
        (1) necessary ballots;
        (2) election booths with an adequate number of stalls;
        (3) ballot boxes; and
        (4) all necessary supplies and equipment as required by law.
    SECTION 16. IC 3-11-13-27 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 27. (a) After the delivery of a ballot card voting system to a precinct, the precinct election board may meet at the polls on the same day and open the package containing the sample ballot cards, to determine whether the system is ready for use in accordance with section 16 of this chapter. If a ballot card voting system is not in compliance with that section, the board shall immediately label, set and adjust, and place the system in order or have it done.
    (b) While acting under subsection (a), the precinct election board may restrict access to parts of the room where marking devices and

other election material are being handled to safeguard this material.
    (c) On the morning of election day, the precinct election officers shall meet at the polls at least one (1) hour before the time for opening the polls. The inspector then shall have:
        (1) the chute erected;
        (2) the sample ballots, and instruction cards, and voter's bill of rights posters posted; and
        (3) everything put in readiness for the commencement of voting at the opening of the polls.
    (d) Before the opening of the polls, the precinct election officers shall compare the ballot cards used in the marking device with the sample ballots furnished and determine whether the names, numbers, and letters are in agreement. The officers then shall certify that the marking device and the sample ballots are in agreement. Forms shall be provided for certification, and the certification shall be filed with the election returns.
    SECTION 17. IC 3-11-14-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16. On the morning of election day, the precinct election officers shall meet at the polls at least one (1) hour before the time for opening the polls. The inspector then shall have:
        (1) the chute erected;
        (2) the sample ballots, and instruction cards, and voter's bill of rights posters posted; and
        (3) everything put in readiness for the commencement of voting at the opening of the polls.
    SECTION 18. IC 3-11-14-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 19. Each county election board shall be at its office from 5 a.m. until 6 p.m. the polls close on election day. Upon notice that an electronic voting system is out of order or fails to work, the board shall be ready between those hours to deliver to any precinct in the county:
        (1) necessary paper ballots;
        (2) election booths with an adequate number of stalls;
        (3) ballot boxes; and
        (4) all necessary supplies and equipment as required by law.
    SECTION 19. IC 3-11.5-4-13, AS AMENDED BY P.L.38-1999, SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. (a) If the absentee ballot counters find under section 11 of this chapter that:
        (1) the affidavit is insufficient or that the ballot has not been endorsed with the initials of:


            (A) the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-26;
            (B) the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or
            (C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19;
        (2) the signatures do not correspond or there is no signature;
        (3) the absentee voter is not a qualified voter in the precinct;
        (4) the absentee voter has voted in person at the election;
        (5) the absentee voter has not registered;
        (6) the ballot is open, or has been opened and resealed;
        (7) the ballot envelope contains more than one (1) ballot of any kind;
        (8) in case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications and the political party with which the voter intends to affiliate; or
        (9) the ballot has been challenged and not supported;
the ballots shall be rejected.
    (b) If the absentee ballot counters are unable to agree on a finding described under this section or section 12 of this chapter, the county election board shall make the finding.
    (c) The absentee ballot counters or county election board shall issue a certificate to a voter whose ballot has been rejected under this section if the voter appears in person before the board not later than 5 p.m. one (1) hour before the polls close on election day. The certificate must state that the voter's absentee ballot has been rejected and that the voter may vote in person under section 21 of this chapter if otherwise qualified to vote.
    SECTION 20. IC 3-12-4-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) At 6 p.m. the time the polls close on each election day, the county election board shall assemble in a room to canvass the certificates, poll lists, and tally papers returned by each inspector in the county and to declare the results of the election as provided in this chapter.
    (b) The canvassing must be performed in public under IC 5-14-1.5. However, the board may restrict access to parts of the room where election material is being handled or transported to safeguard the material.
    (c) Except as provided in section 7 of this chapter, the county executive shall provide a room in the courthouse that contains adequate

space to permit members of the public to witness the canvassing of votes.
    SECTION 21. IC 3-13-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. A candidate vacancy that exists on a primary election ballot may not be filled for the primary election. The resulting vacancy on the following general or municipal election ballot may be filled in the manner prescribed by this chapter, but only if it is filled by noon August 1 June 30 before election day.
    SECTION 22. IC 3-13-1-7, AS AMENDED BY P.L.176-1999, SECTION 113, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) Except as provided in subsection (c), (b), action to fill a candidate vacancy for an office for which a declaration of candidacy must be filed with the secretary of state under IC 3-8-2-5 must be taken:
        (1) before not later than noon thirty-five (35) days June 30 after the primary election if the vacancy exists on a general or municipal election ballot; and
        (2) within thirty (30) days after the occurrence of the vacancy, if the vacancy exists on a special election ballot, subject to section 2 of this chapter.
    (b) Except as provided in subsection (c), action to fill a candidate vacancy not described in subsection (a), must be taken:
        (1) before noon August 1, if the vacancy exists on a general or municipal election ballot; and
        (2) within thirty (30) days after the occurrence of the vacancy, if the vacancy exists on a special election ballot, subject to section 2 of this chapter.
    (c) (b) This subsection applies to a candidate vacancy that exists before the thirtieth day before a general, municipal, or special election and that is due to any of the following:
        (1) The death of a candidate.
        (2) The withdrawal of a candidate.
        (3) The disqualification of a candidate under IC 3-8-1-5. or
        (4) A court order issued under IC 3-8-7-29(d).
before the thirtieth day before a general, municipal, or special election. Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this chapter for reasons permitted under this subsection must be taken within thirty (30) days after the occurrence of the vacancy.
    SECTION 23. IC 3-13-1-15, AS AMENDED BY P.L.202-1999, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 15. (a) A county chairman filling a candidate vacancy under section 6(a)(2) of this chapter or the chairman of a

meeting filling a candidate vacancy under this chapter shall file a written certificate of candidate selection on a form prescribed by the commission stating the following information for each candidate selected:
        (1) The name of each candidate as:
            (A) the candidate wants the candidate's name to appear on the ballot; and
            (B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
        (2) The address of each candidate.
    (b) The certificate shall be filed with:
        (1) the election division for:
            (A) a committee acting under section 3, 4, 5, or 6(b) of this chapter; or
            (B) a committee acting under section 6(a) of this chapter to fill a candidate vacancy in the office of judge of a circuit, superior, probate, county, or small claims court or prosecuting attorney; or
        (2) the circuit court clerk, for a committee acting under section 6(a) of this chapter to fill a candidate vacancy for a local office not described in subdivision (1).
    (c) This subsection applies to a candidate vacancy resulting from a vacancy on the primary election ballot as described in section 2 of this chapter. The certificate required by subsection (a) shall be filed not later than noon August 4, July 3 before election day.
    (d) This subsection applies to all candidate vacancies not described by subsection (c). The certificate required by subsection (a) shall be filed not more than three (3) days (excluding Saturdays and Sundays) after selection of the candidates.
    SECTION 24. IC 3-13-1-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 20. (a) This section applies to a political party subject to IC 3-8-4-10.
    (b) A candidate vacancy that exists following the convention of the party shall be filled by the state committee of the political party not later than noon June 30 before election day. The chairman of the state committee shall act in accordance with section 15 of this chapter to certify the candidate selected to fill the vacancy.
    (c) This subsection applies to a candidate vacancy resulting from a vacancy on the general election ballot resulting from the failure of the convention to nominate a candidate for an office. The certificate required by subsection (b) shall be filed not later than noon August 4, July 3 before election day.


    (d) This subsection applies to all candidate vacancies not described by subsection (c). The certificate required by subsection (b) shall be filed not more than three (3) days (excluding Saturdays and Sundays) after selection of the candidates.
    SECTION 25. IC 36-2-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) This subsection does not apply to a county having a population of:
        (1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
        (2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The executive shall divide the county into three (3) districts that are composed of contiguous territory and are reasonably compact. The district boundaries drawn by the executive must not cross precinct boundary lines and must divide townships only when a division is clearly necessary to accomplish redistricting under this section. If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts.
    (b) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). A county redistricting commission shall divide the county into three (3) single-member districts that comply with subsection (d). The commission is composed of:
        (1) the members of the Indiana election commission;
        (2) two (2) members of the senate selected by the president pro tempore, one (1) from each political party; and
        (3) two (2) members of the house of representatives selected by the speaker, one (1) from each political party.
The legislative members of the commission have no vote and may act only in an advisory capacity. A majority vote of the voting members is required for the commission to take action. The commission may meet as frequently as necessary to perform its duty under this subsection. The commission's members serve without additional compensation above that provided for them as members of the Indiana election commission, the senate, or the house of representatives.
    (c) This subsection applies to a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000). The executive shall divide the county into three (3) single-member districts that comply with subsection (d).
    (d) Single-member districts established under subsection (b) or (c) must:
        (1) be compact, subject only to natural boundary lines (such as

railroads, major highways, rivers, creeks, parks, and major industrial complexes);
        (2) contain, as nearly as is possible, equal population; and
        (3) not cross precinct lines.
    (e) A division under subsection (a), (b), or (c) shall be made:
        (1) in 2001 and every ten (10) years after that; and
        (2) when the county adopts an order declaring a county boundary to be changed under IC 36-2-1-2.
    (f) A division under subsection (a), (b), or (c) may be made in any odd-numbered year not described in subsection (e).


ES 329_LS 7560/DI 75

Figure

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