Citations Affected: IC 2-1.5; IC 2-2.1; IC 3-8.
Synopsis: Redistricting commission. Establishes a redistricting
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. Provides that a
person employed by the agency or under contract with the agency may
not knowingly or intentionally use political data in the creation or
evaluation of a redistricting plan. Provides that a person may not
knowingly or intentionally solicit, aid, induce, or cause a person
employed by the agency or under a contract with the agency to use
political data in the creation or evaluation of a redistricting plan.
Provides that violation of these restrictions is a Class D felony.
Requires the general assembly to meet and to enact redistricting plans
before October 1 of a redistricting year. Authorizes the general
assembly to convene in a session to act on redistricting bills at times
other than the general assembly is currently authorized to meet.
Repeals current law relating to congressional redistricting. Makes an
appropriation.
Effective: July 1, 2006.
January 10, 2006, read first time and referred to Committee on Elections and
Apportionment.
January 19, 2006, amended, reported _ Do Pass.
January 23, 2006, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly and to make an appropriation.
Commerce, Bureau of the Census.
Sec. 5. "Census data" means the population data that the
Bureau is required to provide to the state under 13 U.S.C. 141.
Sec. 6. "Census year" refers to the year in which a federal
decennial census is conducted.
Sec. 7. "Commission" refers to the redistricting commission
established under IC 2-1.5-2.
Sec. 8. "Federal decennial census" refers to a federal decennial
census conducted under 13 U.S.C. 141.
Sec. 9. "House of representatives" refers to the house of
representatives of the general assembly.
Sec. 10. "Ideal district population" for a plan refers to the
number equal to the quotient of the following, rounded to the
nearest whole number:
(1) The numerator is the population of Indiana as reported by
the most recent federal decennial census.
(2) The denominator is the number of districts required by
this article for the plan.
Sec. 11. (a) "Plan" refers to any of the following:
(1) A plan for districts for the house of representatives.
(2) A plan for districts for the senate.
(3) A plan for congressional districts.
(b) A plan includes maps and written descriptions of the maps
that define all the districts that a plan is required to have under
this article.
Sec. 12. "Political data" refers only to the following:
(1) Data relating to party registration.
(2) Data relating to voting history.
(3) Election returns.
Sec. 13. "Political subdivision" means a city, county, town, or
township.
Sec. 14. "Redistricting year" refers to the year immediately
following a census year.
Sec. 15. "Senate" refers to the senate of the general assembly.
Chapter 2. Redistricting Commission
Sec. 1. A redistricting commission consisting of five (5) members
is established as provided in this chapter.
Sec. 2. Not later than January 15 of a redistricting year, each of
the appointing authorities shall do the following:
(1) Appoint one (1) individual to be a commission member.
(2) Certify to the executive director of the agency the
appointment of the individual to the commission.
serves as the commission's chair.
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 chief justice shall appoint 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. The affirmative vote of three (3) commission members
is necessary for the commission to take official action.
Sec. 11. Each member of the commission is entitled to receive
the same per diem, mileage, and travel allowances paid to members
of the general assembly serving on interim study committees
established by the legislative council.
Sec. 12. The agency shall provide the commission with staff and
administrative services.
Sec. 13. The amounts necessary to pay the commission's and the
agency's expenses to implement this article are continuously
appropriated to the agency from the state general fund.
Chapter 3. Redistricting Procedure
Sec. 1. (a) Before January 1 of a redistricting year, the agency
shall acquire any hardware, software, and supplies necessary to
assist the commission in the performance of its duties under this
article.
(b) At any time, the agency may acquire additional hardware,
software, and supplies the executive director of the agency
considers necessary to assist the commission in performance of its
duties under this article.
Sec. 2. Not later than March 15 of a redistricting year, the
commission's chair shall convene the commission to do the
following:
(1) Organize the commission.
(2) Receive reports from the agency concerning the following:
(A) Information relating to the receipt of census data from
the Bureau.
(B) The readiness of the agency to assist the commission's
work.
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
public.
(2) Receive public comments and suggestions.
Sec. 6. (a) Not later than August 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.
(C) A congressional district plan.
(5) Maps for each plan, including both a statewide map and a
map for each district.
(6) A bill that would enact each of the plans.
(b) The commission shall recommend to the general assembly
the plan that the commission considers the best in meeting the
standards set forth in IC 2-1.5-4.
(c) The commission may include any other information in the
report that the commission considers useful to explain the
commission's work or recommendations.
(d) The report required by this section must be submitted to the
legislative council in an electronic format under IC 5-14-6.
Chapter 4. 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.
Sec. 2. (a) A plan for house of representatives districts must
have one hundred (100) districts.
(b) A plan for senate districts must have fifty (50) districts.
(c) A plan for congressional districts must have as many
districts as are allocated to the state of Indiana under 2 U.S.C. 2a.
Sec. 3. Districts shall be established on the basis of population.
Sec. 4. The population of a house or a senate district may not
deviate from the ideal district population by more than one percent
(1%) of the ideal district population.
Sec. 5. (a) Districts must be composed of contiguous territory.
(b) Areas that meet only at the point of adjoining corners are
not considered contiguous.
Sec. 6. (a) Districts must be as compact as possible.
(b) The compactness of a district shall be measured by
determining the total length of the boundary of the district.
(c) Compactness of a plan shall be measured by adding the
compactness measures of all the districts in the plan as determined
under subsection (b).
(d) A plan is considered more compact than another plan if the
compactness measure of the plan is less than the compactness
measure of the other plan.
Sec. 7. Districts must not violate precinct boundaries.
Sec. 8. To the extent possible consistent with sections 2 through
6 of this chapter, district boundaries of general assembly districts
must coincide with the boundaries of Indiana political subdivisions
as follows:
(1) The commission shall minimize the number of counties
and cities divided among more than one (1) district.
(2) Except as provided in subdivision (3), if there is a choice
between political subdivisions to be divided, the more
populous political subdivisions shall be divided before a less
populous political subdivision is divided.
(3) Subdivision (2) does not apply to a legislative district
boundary drawn along a county line that passes through a
municipality that lies in more than one (1) county.
Sec. 9. In evaluating plans for recommendation, the commission
shall consider the effect that a plan has on language and racial
minority groups.
Chapter 5. Offenses
Sec. 1. A person:
(1) employed by the agency; or
(2) working under a contract with the agency;
who knowingly or intentionally uses political data in the creation
or evaluation of a plan under this article commits corrupt
redistricting, a Class D felony.
Sec. 2. A person who knowingly or intentionally solicits, aids,
induces, or causes a person:
(1) employed by the agency; or
(2) working under a contract with the agency;
to use political data in the creation or evaluation of a plan under
this article commits solicitation of corrupt redistricting, a Class D
felony.
been adopted under IC 3-3; IC 2-1.5; and
(2) ending on the date that the part of the act or order issued under
IC 3-3-2 establishing the previous congressional district plan is
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.