Citations Affected: IC 2-1.5; IC 2-2.1-1-2.7; IC 3-3; 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
(agency) to provide staff and administrative services to the
commission. Establishes standards to govern the commission and the
agency in the creation of redistricting plans. Provides that if the
Constitution of the State of Indiana does not require the general
assembly to establish legislative districts, the commission's
recommendations for legislative and congressional districts become the
plans that define those districts. Provides that, if the Constitution so
requires, the general assembly must meet and 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 times the general assembly is currently authorized to
meet. Repeals the current law relating to congressional redistricting.
Appropriates from the state general fund the amounts necessary to pay
the expenses of implementing the statute.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Rules and Legislative
Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly and to make an appropriation.
justice of the supreme court shall appoint a fifth individual to be
the commission's chair. The chief justice shall:
(1) make the appointment before March 15 of the redistricting
year; and
(2) certify the appointment to the executive director of the
agency.
(d) The individual appointed commission chair must have the
same qualifications as the other commission members.
Sec. 3. To serve on the commission, an individual must be a
resident of Indiana.
Sec. 4. An individual may not 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 the
Congress of the United States as 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 duties as a commission member,
an individual appointed under section 2 or 8 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.
software, and supplies the executive director of the agency
considers necessary to assist the commission in performance of the
commission's 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.
(C) Any other matter on which a report is requested by the
commission.
(3) Provide initial instructions to the agency regarding the
commission's work.
(4) Schedule hearings required or permitted under section 5
of this chapter.
(5) Schedule other meetings the commission considers
necessary.
(6) Schedule the receipt of maps from the public.
Sec. 3. If the agency must make a decision on a question for
which no clearly applicable provision of this article or 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 set forth in IC 2-1.5-4.
(b) The agency shall produce as many different plans as the
commission instructs:
(1) not earlier than May 1 of a redistricting year; and
(2) not later than May 15 of the redistricting year.
(c) The agency shall publish the maps and descriptions:
(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 May 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 June 30 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
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. This subdivision
applies only if the Constitution of the State of Indiana
requires the general assembly to establish legislative districts.
(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.
Sec. 7. (a) This section does not apply if the Constitution of the
State of Indiana requires the general assembly to establish
legislative districts.
(b) The agency shall file the commission's report under section
6 of this chapter with the secretary of state not later than August
15 of a redistricting year.
(c) The commission's recommendations become the plans for the
districts for the house of representatives, for the senate, and for
congressional districts, beginning with the first general election
held after the redistricting year.
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
provide for one hundred (100) districts.
(b) A plan for senate districts must provide for fifty (50)
districts.
(c) A plan for congressional districts must provide for as many
districts as are allocated to Indiana under 2 U.S.C. 2a.
Sec. 3. Districts shall be established on the basis of population.
Sec. 4. The population of a district of the house of
representatives or the senate 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. Districts must be as compact as possible to the extent
practicable while considering other provisions of this chapter and
the federal Voting Rights Act.
Sec. 7. Districts must not breach precinct boundaries.