Bill Text: IN HB1311 | 2013 | Regular Session | Enrolled
Bill Title: Election matters.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-05-13 - Public Law 271 [HB1311 Detail]
Download: Indiana-2013-HB1311-Enrolled.html
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
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.
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AN ACT to amend the Indiana Code concerning elections.
(1) a voter writing the voter's name on the certified list of registered voters for the precinct prepared in accordance with IC 3-7-29-1; or
(2) a voter writing the voter's name on an electronic poll list using an electronic signature pad at a polling place or satellite office (as established under IC 3-11-10-26.3) where the use of an electronic poll list is authorized in accordance with IC 3-7-29-6.
(1) has adopted an order under section 6 of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
each registered voter:
(1) The full name of the voter.
(2) The address of the voter.
(3) The assigned county voter identification number.
(4) Whether the voter is required to provide additional
identification before voting either in person or by absentee ballot.
(5) The date of birth of the voter.
(6) The scanned signature of the voter.
(7) Whether the voter is required to provide an affirmation of
the voter's residence.
(8) A bar code that allows the county voter registration office
to efficiently record whether the voter has signed the poll list.
(9) For a poll list used in a primary election, a letter
abbreviation of the name of the major political party whose
ballot the voter has requested.
(10) A space for a poll clerk to indicate when a voter has cast
an absentee ballot.
(11) A space for a poll clerk to indicate when a voter has cast
a provisional ballot.
(12) For a voter required to submit additional documentation
required under IC 3-7-33-4.5, a space for a poll clerk to insert
letters serving as an abbreviation for the type of
documentation provided by the voter.
(c) (d) The names shall be arranged in the same order as they are in
the registration record of the precinct.
(e) The poll list must also contain a statement at the top of each
page indicating that an individual who knowingly makes a false
statement by signing a poll list or indicating on a poll list that a
voter's address has changed commits a Class D felony as provided
by IC 3-14-2-11.
(f) This subsection applies to a county that has adopted an order
under section 6 of this chapter or is a vote center county under
IC 3-11-18.1. The precinct election board shall post in a location
within the precinct or vote center a notice that:
(1) is clearly visible to an individual (or to an individual
providing assistance under IC 3-11-9) who is providing
information to a precinct election officer using an electronic
poll list; and
(2) indicates that an individual commits a Class D felony
under IC 3-14-2-11, if the individual knowingly makes a false
statement to a precinct election officer:
(A) concerning the individual's name; or
(B) indicating that the individual's address has changed.
(1) has adopted an order under section 6 of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) After the county election board receives a request from the county chairman of a major political party, not more than two (2) copies of the list required by this chapter shall be prepared and furnished to the inspector of the precinct for use at the polls on election day. The inspector may provide a list furnished under this section to any other precinct officer.
(1) has adopted an order under section 6 of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) The county voter registration office may also provide the inspector of each precinct in the county with a
(b) An order adopted under subsection (a) must require the use of an electronic signature (as defined in IC 26-2-8-102) to sign an
electronic poll list at an election (rather than requiring voters to
sign certified poll lists prepared under this chapter).
(c) The county voter registration office shall download the
information required to be available on an electronic poll list
before the electronic poll list is delivered and installed as required
by IC 3-11-3-11(b).
(b) A person whose name does not appear on the registration record may cast a provisional ballot as provided in IC 3-11.7.
(1) may be issued at any time after:
(A) the production of the certified list under IC 3-7-29; or
(B) the downloading of the information into an electronic poll list under IC 3-7-29-6(c);
(2) shall be executed by the circuit court clerk, or in a county with a board of registration, by both members of the board; and
(3) shall be numbered serially in the method prescribed for entry in the computerized list maintained under IC 3-7-26.3.
(b) One (1) copy of the certificate of error shall be delivered to the inspector of the precinct of the voter's residence. The inspector shall return that copy to the circuit court clerk with other election material at the close of the polls as provided in this title.
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7.1. (a) This subsection does not apply to a
county in which electronic poll lists are used under IC 3-7-29-6 or
IC 3-11-18.1. Each county election board shall furnish the inspector of
each precinct for use on primary election day a certified copy under
IC 3-7-29 of the list of all voters registered to vote in the precinct.
(b) This subsection does not apply to a county in which
electronic poll lists with the capability to display signatures of
voters are used under IC 3-7-29-6 or IC 3-11-18.1. The county voter
registration office may also provide the inspector of each precinct in
the county a certified photocopy of the signature on the affidavit or
form of registration of each voter of the precinct for the comparison of
signatures under section 24.6 of this chapter.
(c) If the name of a person offering to vote at the primary is in the
registration record or listed in the certified copy prepared for the
precinct or the electronic poll list, it is sufficient evidence of the
person's right to vote unless the person is challenged.
(1) vote if the county voter registration office provides a signed certificate of error; or
(2) cast a provisional ballot under IC 3-11.7, as provided by 42 U.S.C. 15482.
(1) The voter's name.
(2) Except as provided in subsection (d), the voter's current residence address.
(3) The name of the voter's party.
(b) The poll clerks shall:
(1) ask the voter to provide or update the voter's voter identification number;
(2) tell the voter the number the voter may use as a voter identification number; and
(3) explain to the voter that the voter is not required to provide a voter identification number at the polls.
(c) If the voter is unable to sign the voter's name, the voter must sign the poll list by mark, which must be witnessed by one (1) of the poll clerks or assistant poll clerks acting under IC 3-6-6, who shall place the poll clerk's or assistant poll clerk's initials after or under the mark.
(d) The electronic poll list (or each line on a poll list sheet provided to take a voter's current residence address) must include a box under the heading "Address Unchanged" so that the voter may check the box instead of writing the voter's current address on the poll list, or if an electronic poll list is used, the poll clerk may check the box
(e) If the voter makes:
(1) a written affirmation on the poll list that the voter resides at an address within the precinct but not at the address shown on the poll list for the precinct; or
(2) an oral affirmation of a change of address under IC 3-7-39-7;
the county election board shall direct the county voter registration office to transfer the individual's voter registration record to the address within the precinct indicated by the voter.
(b) If either poll clerk doubts the voter's identity following the comparison of the signatures, the poll clerk shall challenge the voter in the manner prescribed by IC 3-11-8. If the poll clerk does not execute a challenger's affidavit under IC 3-11-8-21 or if the voter executes a challenged voter's affidavit under IC 3-11-8-22.1, the voter may then vote.
(1) The supplies provided for the inspector's precinct by the election division.
(2) The local sample ballots, the ballot labels, if any, and all poll lists, registration lists, and other supplies considered necessary to conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the county election board as follows:
(A) In those precincts where ballot card voting systems are to be used, the number of ballots at least equal to one hundred percent (100%) of the number of voters in the inspector's precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to be used, the number of ballots that will be required to be printed and furnished to the precincts for emergency purposes only.
(C) Provisional ballots in the number considered necessary by the county election board.
(4) Twenty (20) ink pens suitable for printing the names of write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by 42 U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by 42 U.S.C. 15482. The county election board shall provide at least the number of copies of the instructions as the number of provisional ballots provided under subdivision (3).
(7) Copies of the notice for posting as required by IC 3-7-29-1(f).
(8) The blank voter registration applications required to be provided under IC 3-7-48-7(b).
(b) This subsection applies to a county that:
(1) has adopted an order under section 6 of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
The county election board shall deliver and install the hardware, firmware, and software necessary to use an electronic poll list in each precinct or vote center.
(b) An electronic poll list must satisfy all of the following:
(1) An electronic poll list must be programmed so that the coordinated action of two (2) election officers who are not members of the same political party is necessary to access the electronic poll list.
(2) An electronic poll list may not be connected to a voting system.
(3) An electronic poll list may not permit access to voter information other than :
(A) information provided on the certified list of voters prepared under IC 3-7-29-1 ; or
(B) information concerning any of the following received or issued after the electronic poll list has been downloaded by the county election board under IC 3-7-29-6:
(i) The county's receipt of an absentee ballot from the voter.
(ii) The county's receipt of additional documentation provided by the voter to the county voter registration office.
(iii) The county's issuance of a certificate of error.
(4) The information contained on an electronic poll list must be encrypted and placed on a dedicated, private server to secure connectivity between a precinct polling place or satellite absentee office and the county election board.
(5) The electronic poll list must permit a poll clerk to enter information regarding an individual who has appeared to vote to verify whether the individual is eligible to vote, and if so, whether the voter has:
(A) already cast a ballot at the election;
(B) returned an absentee ballot; or
(C) submitted any additional documentation required under IC 3-7-33-4.5.
(6) After the voter has been provided with a ballot, the electronic poll list must permit a poll clerk to enter information indicating that the voter has voted at the election.
(7) The electronic poll list must transmit the information in subdivision (6) to the county election board so that the board may transmit the information immediately to every other polling place or satellite absentee office in the county in which an electronic poll list is being used.
(8) The electronic poll list must permit reports to be:
(A) generated by a county election board for a watcher appointed under IC 3-6-8 at any time during election day; and
(B) electronically transmitted by the county election board to a political party or independent candidate who has appointed a watcher under IC 3-6-8.
(9) After election day, the electronic poll list must permit voter history to be quickly and accurately uploaded into the computerized list.
(10) The electronic poll list must be able to display an electronic image of the signature of a voter taken from the voter's registration application, if available.
(11) The electronic poll list must be used with a signature pad that permits the voter to make an electronic signature for comparison with the signature displayed under subdivision (10).
(12) The electronic poll list must include a bar code reader that:
(A) permits a voter who presents an Indiana driver's license or a state identification card issued under IC 9-24-16 to scan the license or card through the bar code
reader; and
(B) has the capability to display the voter's registration
record upon processing the information contained within
the bar code on the license or card.
(13) The electronic poll list must be compatible with:
(A) any hardware attached to the poll book, such as
signature pads, bar code scanners, and network cards;
(B) the statewide voter registration system; and
(C) any software system used to prepare voter information
to be included on the electronic poll list.
(14) The electronic poll list must have the ability to be used in
conformity with this title for:
(A) any type of election conducted in Indiana; or
(B) any combination of elections held concurrently with a
general election, municipal election, primary election, or
special election.
(15) The procedures for setting up, using, and shutting down
an electronic poll list must:
(A) be reasonably easy for a precinct election officer to
learn, understand, and perform; and
(B) not require a significant amount of training in addition
to the training required by IC 3-6-6-40.
(16) The electronic poll list must enable a precinct election
officer to verify that the electronic poll list:
(A) has been set up correctly;
(B) is working correctly so as to verify the eligibility of the
voter;
(C) is correctly recording that a voter has voted; and
(D) has been shut down correctly.
(17) The electronic poll list must include the following
documentation:
(A) Plainly worded, complete, and detailed instructions
sufficient for a precinct election officer to set up, use, and
shut down the electronic poll list.
(B) Training materials that:
(i) may be in written or video form; and
(ii) must be in a format suitable for use at a polling place,
such as simple "how to" guides.
(C) Failsafe data recovery procedures for information
included in the electronic poll list.
(D) Usability tests:
(i) that are conducted by the manufacturer of the
electronic poll list using individuals who are
representative of the general public;
(ii) that include the setting up, using, and shutting down
of the electronic poll list; and
(iii) that report their results using the ANSI/INCITS -354
Common Industry Format (CIF) for Usability Test
Reports approved by the American National Standards
Institute (ANSI) on December 12, 2001.
(E) A clear model of the electronic poll list system
architecture and the following documentation:
(i) End user documentation.
(ii) System-level documentation.
(iii) Developer documentation.
(F) Detailed information concerning:
(i) electronic poll list consumables; and
(ii) the vendor's supply chain for those consumables.
(G) Vendor internal quality assurance procedures and any
internal or external test data and reports available to the
vendor concerning the electronic poll list.
(H) Repair and maintenance policies for the electronic poll
list.
(I) As of the date of the vendor's application for approval
of the electronic poll list by the secretary of state as
required by IC 3-11-18.1-12(2), the following:
(i) A list of customers who are using or have previously
used the vendor's electronic poll list.
(ii) A description of any known anomalies involving the
functioning of the electronic poll list, including how those
anomalies were resolved.
(18) The electronic poll list and any hardware attached to the
poll book must be designed to prevent injury or damage to
any individual or the hardware, including fire and electrical
hazards.
(19) The electronic poll list must demonstrate that it correctly
processes all activity regarding each voter registration record
included on the list, including the use, alteration, storage, and
transmittal of information that is part of the record.
Compliance with this subdivision requires the mapping of the
data life cycle of the voter registration record as processed by
the electronic poll list.
(20) The electronic poll list must successfully perform in
accordance with all representations concerning functionality,
usability, security, accessibility, and sustainability made in the
vendor's application for approval of the electronic poll list by
the secretary of state as required by IC 3-11-18.1-12(2).
(b) Except as provided in subsection (e), before the voter proceeds to vote in the election, a precinct election officer shall ask the voter to provide proof of identification. The voter shall produce the proof of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of identification; or
(2) a member of the precinct election board determines that the proof of identification provided by the voter does not qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as prescribed by this chapter.
(d) If the voter executes a challenged voter's affidavit under section 22.1 of this chapter, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that is located at a state licensed care facility where the voter resides is not required to provide proof of identification before voting in an election.
(f) After a voter has passed the challengers or has been sworn in, the voter shall be instructed by a member of the precinct election board to proceed to the location where the poll clerks are stationed. The voter shall announce the voter's name to the poll clerks or assistant poll clerks. A poll clerk, an assistant poll clerk, or a member of the precinct election board shall require the voter to write the following on the poll list or to provide the following information for entry into the electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (k), the voter's current residence address.
(g) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall:
(1) ask the voter to provide or update the voter's voter identification number;
(2) tell the voter the number the voter may use as a voter identification number; and
(3) explain to the voter that the voter is not required to provide or update a voter identification number at the polls.
(h) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall ask the voter to provide proof of identification.
(i) In case of doubt concerning a voter's identity, the precinct election board shall compare the voter's signature with the signature on the affidavit of registration or any certified copy of the signature provided under IC 3-7-29 or enter the information into the electronic poll list. If the board determines that the voter's signature is authentic, the voter may then vote. If either poll clerk doubts the voter's identity following comparison of the signatures, the poll clerk shall challenge the voter in the manner prescribed by section 21 of this chapter.
(j) If, in a precinct governed by subsection (g):
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under section 22.1 of this chapter or executed the affidavit before signing the poll list;
the voter may then vote.
(k) The electronic poll list (or each line on a poll list sheet provided to take a voter's current address) must include a box under the heading "Address Unchanged" so that the voter may check the box instead of writing the voter's current address on the poll list, or if an electronic poll list is used, the poll clerk may check the box
(l) If the voter indicates that the voter resides at an address that is within the same precinct, or makes an affirmation of this change of address under IC 3-7-39-7, the county election board shall direct the county voter registration office to transfer the voter's voter registration to the address within the precinct indicated by the voter.
(m) If the voter indicates that the voter's current residence is located within another county in Indiana, the voter is considered to have directed the county voter registration office of the county
where the precinct is located to cancel the voter registration record
within the county. The precinct election board shall provide the
voter with a voter registration application for the voter to complete
and file with the county voter registration office of the county
where the voter's current residence address is located.
(n) If the voter indicates that the voter's current residence is
located outside Indiana, the voter is considered to have directed the
county voter registration office of the county where the precinct is
located to cancel the voter registration record within the county.
(1) signs the individual's address; or
(2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll clerk into the electronic poll list under section 25.1 of this chapter and then leaves the polls without casting a ballot or after casting a provisional ballot, the voter may not be permitted to reenter the polls to cast a ballot at the election.
(b) Notwithstanding section 25.5 of this chapter, if a voter signs the voter's name and either:
(1) writes the voter's address; or
(2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll clerk into the electronic poll list under section 25.1 of this chapter and then leaves the polls without casting a ballot or after casting a provisional ballot, the voter may reenter the polls to cast a ballot at the election as provided in this section.
(c) A voter who leaves the polls to respond to an emergency in the voter's capacity as a member of the military or public safety officer must notify a precinct election officer that the voter is leaving the polls to respond to an emergency in the voter's capacity as a member of the military or public safety officer.
(d) A poll clerk or assistant poll clerk shall make a notation on the poll list with the voter's name indicating that the voter has left the polls as permitted by this section and the time the voter left the polls.
(e) If the voter returns to the polls, the voter shall be permitted to
vote if the voter executes an affidavit stating all of the following:
(1) The name of the voter.
(2) That the voter is a member of the military or public safety
officer.
(3) The military or public safety position the voter holds.
(4) That after the voter signed the poll list, but before the voter
voted, the voter was called to respond to an emergency in the
voter's capacity as a member of the military or public safety
officer.
(5) A brief description of the emergency to which the voter
responded.
(6) The time at which the voter returned to the polls.
(f) The commission shall prescribe the form of the affidavit required
by this section.
(1) cannot sign; or
(2) is a voter with a disability that makes it difficult for the voter to sign;
the voter's name and address, the poll clerks shall, by proper interrogation, satisfy themselves that the voter is the person the voter represents the voter to be.
(b) If satisfied as to the voter's identity under subsection (a), one (1) of the poll clerks shall then place the following on the poll list or enter the information into the electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (e), the voter's current residence address.
(c) The poll clerks shall:
(1) ask the voter to provide or update the voter's voter identification number;
(2) tell the voter the number the voter may use as a voter identification number; and
(3) explain to the voter that the voter is not required to provide or update a voter identification number at the polls.
(d) The poll clerk shall then add the clerk's initials in parentheses, after or under the signature. The voter then may vote.
(e) The electronic poll list (or each line on a poll list sheet provided to take a voter's current residence address) must include a box under the heading "Address Unchanged" so that the voter may check the box instead of writing the voter's current address on the poll
list, or if an electronic poll list is used, the poll clerk may check the
box to indicate that the after stating to the voter the address shown
on the electronic poll list and receiving an oral affirmation from
the voter that the voter's residence address shown on the poll list is
the voter's current residence address instead of writing the voter's
current residence address on the poll list or reentering the address in
the electronic poll list.
(1) Develop and propose procedures and standards for the certification, acquisition, functioning, training, and security for voting systems used to conduct elections in Indiana.
(2) Compile and maintain an inventory of all voting systems used to conduct elections in Indiana.
(3) Review reports concerning voting systems prepared by independent laboratories and submitted by applicants for voting system certification.
(4) Recommend to the commission whether an application for voting system certification should be approved and, if so, whether the approval should be subject to any restrictions or conditions to ensure compliance with Indiana law.
(5) Perform any additional testing of a voting system necessary to determine whether the voting system complies with state law.
(6) Each year perform random audits of voting systems used to conduct Indiana elections and prepare reports indicating whether the voting systems have been certified, programmed, and used in compliance with Indiana law.
(7) Review contracts, leases, purchase orders, and amendments to those documents concerning the acquisition or maintenance of voting systems.
(8) Assist with the development of quantity purchase agreements and other contracts for the lease or purchase of voting systems.
(9) Develop and propose procedures and standards for the certification, acquisition, functioning, training, and security for electronic poll books used to conduct elections in Indiana.
(A) state law; or
(B) the contract described in section 3 of this chapter.
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. This chapter applies to a voting system or an
electronic poll book vendor who sells, leases, installs, implements, or
permits the use of a voting system or an electronic poll book in an
election conducted in Indiana.
(1) comply with IC 3-11-8-10.3;
(b) A person who wishes to market, sell, lease, or provide an electronic poll book for use in an election in Indiana must first file an application for certification with the election division on a form prescribed by the secretary of state.
(c) The secretary of state shall refer the application to the person or entity conducting the voting system technical oversight program (VSTOP) established by IC 3-11-16-2.
(d) The VSTOP shall examine the electronic poll book with its accompanying documentation and file a report with the secretary of state indicating:
(1) whether the electronic poll book would operate in compliance with this title;
(2) any recommendations regarding the acquisition or use of the electronic poll book; and
(3) whether VSTOP recommends that the secretary of state approve the electronic poll book under this section, including any recommended restrictions that should be placed on the secretary of state's approval.
(e) After the report required by subsection (d) is filed, the secretary of state may approve the application for certification
permitting the electronic poll book to be used in an election in
Indiana.
(f) A certification under this section expires on December 31 of
the year following the date of its issuance, unless earlier revoked by
the secretary of state upon a written finding of good cause for the
revocation.
(1) Keep a separate absentee ballot record for each precinct in the county.
(2) This subdivision applies to a county in which the county voter registration office prepares a certified list of all voters registered to vote in each precinct in the county under IC 3-7-29-1. Certify to each inspector or the inspector's representative, at the time that the ballots and supplies are delivered under IC 3-11-3, the names of the voters:
(A) to whom absentee ballots were sent or who marked ballots in person; and
(B) whose ballots have been received by the county election board under IC 3-11-10.
(3) This subdivision applies to a county that has adopted an order to use an electronic poll list under IC 3-7-29-6 or is a voter center county under IC 3-11-18.1. Certify at the time the county voter registration office downloads information to an electronic poll list under IC 3-7-29-6(c), the names of the voters:
(A) to whom absentee ballots were sent or who marked ballots in person; and
(B) whose ballots have been received by the county election board under IC 3-11-10.
(1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1;
if the electronic poll list used at a polling place or vote center is immediately updated to indicate the county received, not later than noon on election day, an absentee ballot from a voter.
(1) to whom absentee ballots were sent or who marked ballots in
person; and
(2) whose ballots have been received by the board under this
chapter;
after the certification under section 1 of this chapter and not later than
noon on election day.
(b) (c) The county election board shall have:
(1) the certificates described in subsection (a); (b); and
(2) the circuit court clerk's certificates for voters who have
registered and voted under IC 3-7-36-14;
delivered to the precinct election boards at their respective polls on
election day by couriers appointed under section 22 of this chapter.
(c) (d) The certificates shall be delivered not later than 3 p.m. on
election day.
(1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1;
if the electronic poll list used at a polling place or vote center is immediately updated to indicate that the county received, not later than noon on election day, an absentee ballot from a voter.
(1) Mark the poll list.
(2) Attach the certificates of voters who have registered and voted under IC 3-7-36-14 to the poll list.
The poll clerks shall sign the statement printed on the certificate indicating that the inspector marked the poll list and attached the certificates under this section in the presence of both poll clerks to indicate that the absentee ballot of the voter has been received by the county election board.
(1) the certificate prepared under section 1 of this chapter;
(2) the certificate prepared under section 8 of this chapter; and
(3) any challenge affidavit executed by a qualified person under section 16 of this chapter;
in an envelope in the presence of both poll clerks.
that the inspector or poll clerk has complied with the requirements of
this chapter governing the marking of the poll list and certificates.
(d) (e) The couriers shall immediately return the envelope described
in subsection (b) (c) to the county election board. Upon delivering the
envelope to the county election board, each courier shall sign a
statement printed on the envelope indicating that the courier has not
opened or tampered with the envelope since the envelope was delivered
to the courier.
(b) Before the inspector prepares to mark the poll list to indicate that an absentee ballot cast by the voter has been received by the county election board according to a certificate delivered to the polls under section 1 or section 8 of this chapter, the inspector shall notify the challengers and the pollbook holders that the inspector is about to mark the poll list under this section. The inspector shall provide the challengers and pollbook holders with the name and address of each voter listed in the certificate so that the voter may be challenged under this article.
(c) This section applies to a county that:
(1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
The vote of an absentee ballot may be challenged for the reason that the absentee voter is not a legal voter of the precinct for which the absentee ballot was issued. Before the absentee ballot counters process an absentee ballot, the absentee ballot counters shall notify the county election board. A county election board member, or a representative designated by a county election board member, may protest the counting of an absentee ballot under IC 3-11.5-5-8 or IC 3-11.5-6-6.
voting in person.
(b) Except as provided in subsection (c), the challenge procedure
under this section is the same as though the ballot was cast by the voter
in person.
(c) An absentee voter is not required to provide proof of
identification.
(d) This subsection does not apply to a county that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
If a proper affidavit by a qualified person in the form required by
IC 3-11-8-22.1 is made that would entitle the absentee voter to vote if
the absentee voter had personally appeared, the couriers shall return the
affidavit to the county election board in the same envelope as the
certificate returned under section 9 of this chapter.
(e) The absentee ballot cast by the challenged voter shall be counted
if the county election board makes the findings required under section
11 of this chapter. IC 3-11.7.
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
consisting of two (2) voters of the county, one (1) from each of the two (2) political parties that have appointed members on the county election board.
(b) Notwithstanding subsection (a), a county election board:
(1) may appoint, by a unanimous vote of the board's members, only one (1) absentee ballot courier if the person appointed is a voter of the county; and
(2) shall not appoint teams of couriers, if the county:
(A) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
(B) is a vote center county under IC 3-11-18.1.
(c) An otherwise qualified person is eligible to serve on an absentee voter board or as an absentee ballot counter or a courier unless the person:
(1) is unable to read, write, and speak the English language;
(2) has any property bet or wagered on the result of the election;
(3) is a candidate to be voted for at the election except as an unopposed candidate for precinct committeeman or state
convention delegate; or
(4) is the spouse, parent, father-in-law, mother-in-law, child,
son-in-law, daughter-in-law, grandparent, grandchild, brother,
sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece
of a candidate or declared write-in candidate to be voted for at the
election except as an unopposed candidate. This subdivision
disqualifies a person whose relationship to the candidate is the
result of birth, marriage, or adoption.
(d) A person who is a candidate to be voted for at the election or
who is related to a candidate in a manner that would result in
disqualification under subsection (c) may, notwithstanding subsection
(c), serve as a member of an absentee voter board if:
(1) the candidate is seeking nomination or election to an office in
an election district that does not consist of the entire county; and
(2) the county election board restricts the duties of the person as
an absentee voter board member to performing functions that
could have no influence on the casting or counting of absentee
ballots within the election district.
(1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
(1) mark the poll list; and
(2) attach the certificates of voters who have registered and voted under IC 3-7-36-14 to the poll list;
in the presence of the poll clerks to indicate the voters of the precinct whose absentee ballots have been received by the county election board according to the certificate supplied under section 1 of this chapter.
(1) marked the poll list; and
(2) attached the certificates described in subsection
under this section in the presence of both poll clerks.
(1) the couriers have returned the certificate from a precinct under IC 3-11.5-4-9; and
(2) the absentee ballot counters or the county election board have made the findings required under IC 3-11-10 and IC 3-11.5-4 for the absentee ballots cast by voters of the precinct and deposited the accepted absentee ballots in the envelope required under IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting location designated by the county election board, count the absentee ballot votes for each candidate for each office and on each public question in the precinct.
(b) This section applies to a county that:
(1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
Immediately after the electronic poll lists used at each polling place or vote center have been updated to indicate that the county received, not later than noon on election day, an absentee ballot from a voter, the absentee ballot counters shall, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate for each office and on each public question in the precinct.
(1) the couriers have returned the certificate from a precinct under IC 3-11.5-4-9; and
(2) the absentee ballot counters or the county election board has made the findings required under IC 3-11-10 and IC 3-11.5-4 for the absentee ballots cast by voters of the precinct and deposited the accepted absentee ballots in the envelope required under IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting location designated by the county election board, count the absentee ballot votes for each candidate for each office and on each public question in the precinct with the assistance of any persons required for the operation of the automatic tabulating machine.
(b) This subsection applies to a county that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
Immediately after the electronic poll lists used at each polling place
or vote center have been updated to indicate that the county
received, not later than noon on election day, an absentee ballot
from a voter, the absentee ballot counters shall, in a central
counting location designated by the county election board, count
the absentee ballot votes cast for each candidate for each office and
on each public question in the precinct.
(b) A program participant who is otherwise qualified to vote may apply to vote as provided in IC 3-7. The residence address of a program participant shall be recorded in the computerized system as set forth in the voter registration application. However, the voter registration application of the program participant is confidential, and the name and residence address of the program participant shall not be printed on any poll list or made available through any electronic poll list provided to precinct election officers.
(c) The program participant may vote in person at the office of the county election board or may vote absentee by mail. The absentee ballot application of a program participant is confidential. The program participant's mailing address shall be recorded in the computerized system as the address of the office of the attorney general. Except as provided in this section, IC 3-11-4-6 applies to a program participant who wishes to vote by absentee ballot.
(b) The governing body consists of seven (7) members, elected as follows:
(1) Four (4) members elected from districts, with one (1) member serving from each
(A) a resident of the
(B) voted upon by only the registered voters residing within the
election.
(2) Three (3) members, who are voted upon by all the registered
voters residing within the school corporation and voting at a
governing body election, elected under this subdivision. The
governing body shall establish three (3) residential districts as
follows:
(A) One (1) residential district must be the township that has
the greatest population within the school corporation.
(B) Two (2) residential districts must divide the remaining
area within the school corporation.
Only one (1) member who resides within a particular residential
district established under this subdivision may serve on the
governing body at a time.
(c) A member of the governing body who is:
(1) elected from an electoral election or a residential district; or
(2) appointed to fill a vacancy from an electoral election or a
residential district;
must reside within the boundaries of the district the member represents.
(d) A vacancy on the governing body shall be filled by the
governing body as soon as practicable after the vacancy occurs. A
member chosen by the governing body to fill a vacancy holds office for
the remainder of the unexpired term.
(e) The members of the governing body serving at the time a plan
is amended under this section shall establish the electoral election and
residential districts described in subsection (b).
(f) The electoral election districts described in subsection (b)(1):
(1) shall be drawn on the basis of precinct lines;
(2) may not cross precinct lines; and
(3) as nearly as practicable, be of equal population, with the
population of the largest exceeding the population of the smallest
by not more than fifteen percent (15%).
(g) The residential districts described in subsection (b)(2) may:
(1) be drawn in any manner considered appropriate by the
governing body; and
(2) be drawn along township lines.
(h) The governing body shall certify the districts that are
established under subsections (f) and (g), amended under subsection
(e), or recertified under section 35.5 of this chapter to:
(1) the state board; and
(2) the county election board circuit court clerk of the each
county in which the school corporation is located as provided in
section 35.5 of this chapter.
(i) The governing body shall designate:
(1) three (3) of the districts established under this section to be elected at the first school board election that occurs after the effective date of the plan; and
(2) the remaining four (4) districts to be elected at the second school board election that occurs after the effective date of the plan.
(j) The limitations set forth in this section are part of the plan, but do not have to be specifically set forth in the plan. The plan must be construed, if possible, to comply with this chapter. If a provision of the plan or an application of the plan violates this chapter, the invalidity does not affect the other provisions or applications of the plan that can be given effect without the invalid provision or application. The provisions of the plan are severable.
(k) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the plan or plan amendment;
the district boundaries are the description of the boundaries set forth in the plan or plan amendment, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
(1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
(2) If any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 35(f) and 35(g) of this chapter.
(b) This subsection applies during the first year after a year in which a federal decennial census is conducted. The governing body shall amend the plan under section 35(e) of this chapter if an amendment is necessary to reestablish the districts in compliance with section 35(f) and 35(g) of this chapter. If the governing body determines that a plan amendment under section 35(e) of this chapter is not required, the governing body shall recertify that the districts as established comply with section 35(f) and 35(g) of this chapter.
(c) Each time the school corporation's plan is amended, the governing body shall file the following with the circuit court clerk of each county in which the school corporation is located:
(1) A copy of the amendment.
(2) Either of the following:
(A) A certification that the plan amendment does not require reestablishment of the school corporation's election districts to comply with section 35(f) and 35(g) of this chapter.
(B) If the plan amendment requires reestablishment of the school corporation's election districts to comply with section 35(f) and 35(g) of this chapter, a map of the new district boundaries.
(d) A plan amendment or recertification under this section must be filed not later than thirty (30) days after the amendment or recertification occurs.
(1) readjust the boundaries of the districts to equalize the districts by population; or
(2) recertify that the boundaries of the districts as drawn comply with this subsection.
(b) Instead of the division provided under subsection (a), any resolution or petition provided in section 2(a) or 2(b) of this chapter may:
(1) provide that the metropolitan school district to be created shall be divided into two (2) or more governing body districts;
(2) describe the governing body member districts;
(3) provide that one (1) or more members of the governing body must reside within each of the governing body member districts;
(4) set out the number of members to serve from each designated district;
(5) provide that the governing body member districts need not be equal in size or population, and that one (1) board member district
may include all the area in the metropolitan school district;
(6) specify that the number of governing body members to be
resident in each district need not be an equal number; and
(7) eliminate all requirements that there be governing body
member districts.
(c) If the resolution or petition:
(1) does not provide for governing body member districts and
designate the number of governing body members to be resident
in each district; or
(2) provides for the elimination of governing body member
districts;
subsection (a) controls. If either subsection (a) or (b) applies,
candidates shall be voted upon by all the registered voters of the
metropolitan school district voting at any governing body member
election.
(d) The limitations set forth in this section are part of the plan,
but do not have to be specifically set forth in the plan. The plan
must be construed, if possible, to comply with this chapter. If a
provision of the plan or an application of the plan violates this
chapter, the invalidity does not affect the other provisions or
applications of the plan that can be given effect without the invalid
provision or application. The provisions of the plan are severable.
(1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
(2) If any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 4 of this chapter.
(b) This subsection applies during the first year after a year in which a federal decennial census is conducted. The board of commissioners shall amend the plan under section 4 of this chapter if an amendment is necessary to reestablish the districts in compliance with section 4 of this chapter. If the board of commissioners determines that a plan amendment under section 4 of this chapter is not required, the board of commissioners shall recertify that the districts as established comply with section 4 of this chapter.
(c) Each time the school corporation's plan is amended, the board of commissioners shall file the following with the circuit court clerk of each county in which the school corporation is located:
(1) A copy of the amendment.
(2) Either of the following:
(A) A certification that the plan amendment does not require reestablishment of the school corporation's election districts to comply with section 4 of this chapter.
(B) If the plan amendment requires reestablishment of the school corporation's election districts to comply with section 4 of this chapter, a map of the new district boundaries.
(d) A plan amendment or recertification under this section must be filed not later than thirty (30) days after the amendment or recertification occurs.
(e) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the plan or plan amendment;
the district boundaries are the description of the boundaries set forth in the plan or plan amendment, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
(1) A member of the governing body may not serve for a term of more than four (4) years, but a member may succeed himself or herself in office. This limitation does not apply to members who hold over during an interim period to effect a new plan awaiting the selection and qualification of a member under the new plan.
(2) The plan, if the members are:
(A) to be elected, shall conform with one (1) of the types of board organization permitted by IC 20-23-4-27; or
(B) appointed, shall conform with one (1) of the types permitted by IC 20-23-4-28.
(3) The terms of the members of the governing body, either elected to or taking office on or before the time the plan takes effect, may not be shortened. The terms of the members taking office under the plan may be shortened to make the plan workable
on a permanent basis.
(4) If the plan provides for electoral districts, where a member of
the governing body is elected solely by the voters of a single
district, the districts must be as near as practicable equal in
population. The districts shall be reapportioned and their
boundaries:
(A) changed, if necessary; or
(B) recertified, if changes are not necessary;
by resolution of the governing body before the election not later
than December 31 of the year next following the effective date
of the subsequent year in which a decennial census is taken to
preserve the equality by resolution of the governing body.
(5) The plan shall comply with the:
(A) Constitution of the State of Indiana; and
(B) Constitution of the United States;
including the equal protection clauses of both constitutions.
(6) The provisions of IC 20-23-4-26 through IC 20-23-4-33
relating to the board of trustees of a community school
corporation and to the community school corporation, including
provisions relating to powers of the board and corporation and
provisions relating to the mechanics of selection of the board,
where elected and where appointed, apply to a governing body set
up by a plan under this chapter and to the school corporation.
(b) The limitations set forth in this section do not have to be
specifically set forth in a plan but are a part of the plan. A plan shall be
construed, if possible, to comply with this chapter. If a provision of the
plan or an application of the plan violates this chapter, the invalidity
does not affect the other provisions or applications of the plan that can
be given effect without the invalid provision or application. The
provisions of a plan are severable.
(1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
(2) If any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 8 of this chapter.
(b) This subsection applies during the first year after a year in
which a federal decennial census is conducted. The governing body
shall amend the plan under section 8 of this chapter if an
amendment is necessary to reestablish the districts in compliance
with section 8 of this chapter. If the governing body determines
that a plan amendment under section 8 of this chapter is not
required, the governing body shall recertify that the districts as
established comply with section 8 of this chapter.
(c) Each time the school corporation's plan is amended, the
governing body shall file the following with the circuit court clerk
of each county in which the school corporation is located:
(1) A copy of the amendment.
(2) Either of the following:
(A) A certification that the plan amendment does not
require reestablishment of the school corporation's
election districts to comply with section 8 of this chapter.
(B) If the plan amendment requires reestablishment of the
school corporation's election districts to comply with
section 8 of this chapter, a map of the new district
boundaries.
(d) A plan amendment or recertification under this section must
be filed not later than thirty (30) days after the amendment or
recertification occurs.
(e) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the plan or plan amendment;
the district boundaries are the description of the boundaries set
forth in the plan or plan amendment, not the boundaries shown on
the map, to the extent there is a conflict between the description
and the map.
(b) Three (3) of the members are elected from the school districts referred to in section
(1) is elected from the school district in which the member resides; and
(2) upon election and in conducting the business of the governing body, represents the interests of the entire school corporation.
(c) Two (2) of the members:
(1) are elected by eligible voters residing in the school corporation;
(2) are at-large members of the governing body; and
(3) upon election and in conducting the business of the governing body, represent the interests of the entire school corporation.
Avenue; thence East along the center line of 15th Avenue to
Gibson Street; thence North along Gibson Street to the Indiana
Toll Road; thence Easterly along the North Line of the Indiana
Toll Road to Lake Street; thence North along the East Line of
Lake Street to the Wabash Railroad; thence East along the
Wabash Railroad to the point of beginning.
(3) Commencing at the Southeast corner of Section 18-36-7;
thence West along the center line of 29th Avenue to Hancock
Street; thence South along the center line of Hancock Street to
Deep River; thence Southwesterly along the center line of Deep
River to Gibson Street; thence North along the center line of
Gibson Street to 29th Avenue; thence West along 29th Avenue,
including residences on both the North and South sides of 29th
Avenue to Clay Street; thence South along the center line of Clay
Street to Liverpool Road; thence Westerly along the center line of
Liverpool Road to Benton Street; thence North along the center
line of Benton Street to 29th Avenue; thence West along the
center line of 29th Avenue to State Street; thence North along the
center line of State Street to Marquette Road; thence Easterly
along the center line of Marquette Road to Clay Street; thence
North along the center line of Clay Street to Burns Ditch; thence
Easterly along the center line of Burns Ditch to the Little Calumet
River Bed; thence meandering along the center line of the Little
Calumet River Bed first in a Southerly direction, then in a
Northeasterly direction, and then in a Southerly direction to the
Borman Tri-State Highway (I-80 and I-94); then Easterly along
the center line of the Borman Tri-State Highway to Howard
Street; thence Southerly along the center line of Howard Street to
Court Street; thence East along the center line of Court Street to
Grand Boulevard; thence South along the center line of Grand
Boulevard to the point of beginning.
(b) The governing body shall, by resolution, reapportion the school districts and change their boundaries, if necessary, not later than December 31 of the year immediately following the year in which a decennial census is taken.
(c) The school districts established must:
(1) be as near as practicable equal in population;
(2) have boundaries set forth in the text of the resolution; and
(3) comply with:
(A) the Constitution of the United States; and
(B) the Constitution of the State of Indiana;
including the equal protection clauses of both constitutions.
(d) The limitations set forth in this section are part of the resolution, but do not have to be specifically set forth in the resolution. The resolution must be construed, if possible, to comply with this chapter. If a provision of the resolution or an application of the resolution violates this chapter, the invalidity does not affect the other provisions or applications of the resolution that can be given effect without the invalid provision or application. The provisions of the resolution are severable.
(e) This subsection applies during the first year after a year in which a federal decennial census is conducted. The governing body shall amend the resolution if an amendment is necessary to reapportion the school districts and change their boundaries to comply with subsection (c). If the governing body determines that reapportionment and changes to the boundaries of the school districts are not required, the governing body shall recertify that the school districts as established comply with subsection (c).
(f) Each time the governing body amends the resolution or makes a recertification, the governing body shall file a copy of the following with the board of elections and registration established by IC 3-6-5.2-3 not later than thirty (30) days after the amendment or recertification occurs:
(1) A copy of the amendment or recertification.
(2) One (1) of the following:
(A) A certification that changes to the school district boundaries as established are not required to comply with subsection (c).
(B) If reapportionment of the school districts and changes to their boundaries are required to comply with subsection (c), a map showing the boundaries of the new school districts.
(g) If a conflict exists between:
(1) a map showing the boundaries of a school district; and
(2) a description of the boundaries of that school district set forth in the resolution or resolution amendment;
the school district boundaries are the description of the boundaries
set forth in the resolution or resolution amendment, not the
boundaries shown on the map, to the extent there is a conflict
between the description and the map.
(1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
(2) If any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 7 of this chapter.
(b) This subsection applies during the first year after a year in which a federal decennial census is conducted. The governing body shall amend the plan if an amendment is necessary to reestablish the districts in compliance with section 7 of this chapter. If the governing body determines that a plan amendment is not required, the governing body shall recertify that the districts as established comply with section 7 of this chapter.
(c) Each time the school corporation's plan is amended, the governing body shall file the following with the circuit court clerk of each county in which the school corporation is located:
(1) A copy of the amendment.
(2) Either of the following:
(A) A certification that the plan amendment does not require reestablishment of the school corporation's election districts to comply with section 7 of this chapter.
(B) If the plan amendment requires reestablishment of the school corporation's election districts to comply with section 7 of this chapter, a map of the new district boundaries.
(d) A plan amendment or recertification under this section must be filed not later than thirty (30) days after the amendment or recertification occurs.
(e) The limitations set forth in this section are part of the plan, but do not have to be specifically set forth in the plan. The plan must be construed, if possible, to comply with this chapter. If a provision of the plan or an application of the plan violates this chapter, the invalidity does not affect the other provisions or applications of the plan that can be given effect without the invalid
provision or application. The provisions of the plan are severable.
(f) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the plan or plan amendment;
the district boundaries are the description of the boundaries set
forth in the plan or plan amendment, not the boundaries shown on
the map, to the extent there is a conflict between the description
and the map.
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000).
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 fifty thousand (250,000) but less than two hundred
seventy thousand (270,000). 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) Except as provided by subsection (g), a division under
subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; 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).
(g) This subsection applies during the first year after a year in
which a federal decennial census is conducted. If the county
executive or county redistricting commission determines that a
division under subsection (e) is not required, the county executive
or county redistricting commission shall adopt an ordinance
recertifying that the districts as drawn comply with this section.
(h) Each time there is a division under subsection (e) or (f) or a
recertification under subsection (g), the county executive or county
redistricting commission shall file with the circuit court clerk of the
county, not later than thirty (30) days after the division or
recertification occurs, a map of the district boundaries:
(1) adopted under subsection (e) or (f); or
(2) recertified under subsection (g).
(i) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application
of the ordinance violates this chapter, the invalidity does not affect
the other provisions or applications of the ordinance that can be
given effect without the invalid provision or application. The
provisions of the ordinance are severable.
(j) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the ordinance;
the district boundaries are the description of the boundaries set
forth in the ordinance, not the boundaries shown on the map, to the
extent there is a conflict between the description and the map.
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000).
The county executive shall, by ordinance, divide the county into four (4) contiguous, single-member districts that comply with subsection (d). If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts. One (1) member of the fiscal body shall be elected by the voters of each of the four (4) districts. Three (3) at-large members of the fiscal body shall be elected by the voters of the whole county.
(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). The county redistricting commission established under IC 36-2-2-4 shall divide the county into seven (7) single-member districts that comply with subsection (d). One (1) member of the fiscal body shall be elected by the voters of each of these seven (7) single-member districts.
(c) This subsection applies to a county having a population of more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000). The fiscal body shall divide the county into nine (9) single-member districts that comply with subsection (d). Three (3) of these districts must be contained within each of the three (3) districts established under IC 36-2-2-4(c). One (1) member of the fiscal body shall be elected by the voters of each of these nine (9) single-member districts.
(d) Single-member districts established under subsection (a), (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) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population; and
(4) include whole townships, except when a division is clearly
necessary to accomplish redistricting under this section.
(e) Except as provided by subsection (g), a division under
subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county executive 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).
(g) This subsection applies during the first year after a year in
which a federal decennial census is conducted. If the county
executive, county redistricting commission, or county fiscal body
determines that a division under subsection (e) is not required, the
county executive, county redistricting commission, or county fiscal
body shall adopt an ordinance recertifying that the districts as
drawn comply with this section.
(h) Each time there is a division under subsection (e) or (f) or a
recertification under subsection (g), the county executive, county
redistricting commission, or county fiscal body shall file with the
circuit court clerk of the county, not later than thirty (30) days
after the division or recertification occurs, a map of the district
boundaries:
(1) adopted under subsection (e) or (f); or
(2) recertified under subsection (g).
(i) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application
of the ordinance violates this chapter, the invalidity does not affect
the other provisions or applications of the ordinance that can be
given effect without the invalid provision or application. The
provisions of the ordinance are severable.
(j) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the ordinance;
the district boundaries are the description of the boundaries set
forth in the ordinance, not the boundaries shown on the map, to the
extent there is a conflict between the description and the map.
ordinance, divide the whole county into twenty-five (25) districts that:
(1) are 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) do not cross precinct boundary lines.
Except as provided by subsection (f), this division shall be made
during the second year after a year in which a federal decennial census
is conducted and may also be made at any other time, subject to
IC 3-11-1.5-32.
(b) The legislative body is composed of twenty-five (25) members
elected from the districts established under subsection (a) and four (4)
members elected from an at-large district containing the whole county.
(c) Each voter of the county may vote for four (4) candidates for
at-large membership and one (1) candidate from the district in which
the voter resides. The four (4) at-large candidates receiving the most
votes from the whole county and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(d) If the legislative body fails to make the division before the date
prescribed by subsection (a) or the division is alleged to violate
subsection (a) or other law, a taxpayer or registered voter of the county
may petition the superior court of the county to hear and determine the
matter. The court shall hear and determine the matter as a five (5)
member panel of judges from the superior court. The clerk of the court
shall select the judges electronically and randomly. Not more than three
(3) members of the five (5) member panel of judges may be of the same
political party. The first judge selected shall maintain the case file and
preside over the proceedings. There may not be a change of venue from
the court or from the county. The court may appoint a master to assist
in its determination and may draw proper district boundaries if
necessary. An appeal from the court's judgment must be taken within
thirty (30) days, directly to the supreme court, in the same manner as
appeals from other actions.
(e) An election of the legislative body held under the ordinance or
court judgment determining districts that is in effect on the date of the
election is valid, regardless of whether the ordinance or judgment is
later determined to be invalid.
(f) This subsection applies during the second year after a year
in which a federal decennial census is conducted. If the legislative
body determines that a division under subsection (a) is not
required, the legislative body shall adopt an ordinance recertifying
that the districts as drawn comply with this section.
(g) Each time there is a division under subsection (a) or a
recertification under subsection (f), the legislative body shall file
with the circuit court clerk of the county, not later than thirty (30)
days after the division or recertification occurs, a map of the
district boundaries:
(1) adopted under subsection (a); or
(2) recertified under subsection (f).
(h) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application
of the ordinance violates this chapter, the invalidity does not affect
the other provisions or applications of the ordinance that can be
given effect without the invalid provision or application. The
provisions of the ordinance are severable.
(i) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the ordinance;
the district boundaries are the description of the boundaries set
forth in the ordinance, not the boundaries shown on the map, to the
extent there is a conflict between the description and the map.
(b) The legislative body shall adopt an ordinance to divide the city 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:
(1) except when following a precinct boundary line; or
(2) unless 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) Except as provided in subsection (l), the division under
subsection (b) shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory 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 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 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 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) This subsection applies during the second year after a year
in which a federal decennial census is conducted. If the legislative
body determines that a division under subsection (g) is not
required, the legislative body shall adopt an ordinance recertifying
that the districts as drawn comply with this section.
(l) (m) A copy of the ordinance establishing districts or a
recertification adopted 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 or
recertification is adopted. The filing must include a map of the
district boundaries:
(1) adopted under subsection (b); or
(2) recertified under subsection (l).
(n) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application
of the ordinance violates this chapter, the invalidity does not affect
the other provisions or applications of the ordinance that can be
given effect without the invalid provision or application. The
provisions of the ordinance are severable.
(o) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the ordinance;
the district boundaries are the description of the boundaries set
forth in the ordinance, not the boundaries shown on the map, to the
extent there is a conflict between the description and the map.
(b) This subsection does not apply to a city with an ordinance described by subsection (j) or (m). The legislative body shall adopt an ordinance to divide the city 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), (j), or (m) 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:
(1) except when following a precinct boundary line; or
(2) unless 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) Except as provided in subsection (q), the division under
subsection (b), (j), or (m) shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory 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) or (m). 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) or (m). 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 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 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 and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
(m) This subsection applies only if the ordinance adopted under IC 36-4-1.5-3 by the town legislative body of a town that has a population of less than ten thousand (10,000) and that becomes a city specifies that the city legislative body districts are governed by this subsection. The ordinance adopted under IC 36-4-1.5-3(b)(1) dividing the town into city legislative body districts may provide that:
(1) the city shall be divided into three (3) districts that:
(A) are composed of contiguous territory;
(B) are reasonably compact;
(C) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and
(D) contain, as nearly as is possible, equal population; and
(2) the legislative body of the city is composed of three (3) members elected from the districts established under this subsection and two (2) at-large members.
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 and the district candidates receiving the most votes from
their respective districts are elected to the legislative body.
(n) A copy of the ordinance establishing districts or a
recertification adopted 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 or
recertification is adopted. The filing must include a map of the
district boundaries:
(1) adopted under subsection (b), (j), or (m); or
(2) recertified under subsection (q).
(o) If any territory in the city 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 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.
(q) This subsection applies during the second year after a year
in which a federal decennial census is conducted. If the legislative
body determines that a division under subsection (g) is not
required, the legislative body shall adopt an ordinance recertifying
that the districts as drawn comply with this section.
(r) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application
of the ordinance violates this chapter, the invalidity does not affect
the other provisions or applications of the ordinance that can be
given effect without the invalid provision or application. The
provisions of the ordinance are severable.
(s) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the ordinance;
the district boundaries are the description of the boundaries set
forth in the ordinance, not the boundaries shown on the map, to the
extent there is a conflict between the description and the map.
(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 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:
(1) except when following a precinct boundary line; or
(2) unless 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) Except as provided in subsection (q), the division under
subsection (b) or (j) shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory 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 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 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 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 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 or a
recertification 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 or recertification is
adopted. The filing must include a map of the district boundaries:
(1) adopted under subsection (b) or (j); or
(2) recertified under subsection (q).
(o) If any territory in the city 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 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.
(q) This subsection applies during the second year after a year
in which a federal decennial census is conducted. If the legislative
body determines that a division under subsection (b) or (j) is not
required, the legislative body shall adopt an ordinance recertifying
that the districts as drawn comply with this section.
(r) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application
of the ordinance violates this chapter, the invalidity does not affect
the other provisions or applications of the ordinance that can be
given effect without the invalid provision or application. The
provisions of the ordinance are severable.
(s) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the ordinance;
the district boundaries are the description of the boundaries set
forth in the ordinance, not the boundaries shown on the map, to the
extent there is a conflict between the description and the map.
(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 unless 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 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 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). Except as provided in subsection (k), the
division permitted by subsection (a) shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted, subject to IC 3-11-1.5-32; and
(2) when required to assign annexed territory 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.
(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 or a
recertification 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 or recertification is
adopted. The filing must include a map of the district boundaries:
(1) adopted under subsection (a); or
(2) recertified under subsection (k).
(k) This subsection applies during the second year after a year
in which a federal decennial census is conducted. If the legislative
body determines that a division under subsection (a) is not
required, the legislative body shall adopt an ordinance recertifying
that the districts as drawn comply with this section.
(l) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application
of the ordinance violates this chapter, the invalidity does not affect
the other provisions or applications of the ordinance that can be
given effect without the invalid provision or application. The
provisions of the ordinance are severable.
(m) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in
the ordinance;
the district boundaries are the description of the boundaries set
forth in the ordinance, not the boundaries shown on the map, to the
extent there is a conflict between the description and the map.
(b) The legislative body shall adopt a resolution that divides the township into legislative body districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) respect, as nearly as reasonably practicable, precinct boundary lines; and
(4) contain, as nearly as reasonably practicable, equal population.
(c) Before a legislative body may adopt a resolution that divides a township into legislative body districts, the secretary of the legislative body shall mail a written notice to the circuit court clerk. This notice must:
(1) state that the legislative body is considering the adoption of a resolution to divide the township into legislative body districts; and
(2) be mailed not later than ten (10) days before the legislative body adopts the resolution.
(d) Except as provided in subsection (f), the legislative body shall make a division into legislative body districts at the following times:
(1) During the second year after a year in which a federal decennial census is conducted.
(2) Subject to IC 3-11-1.5-32.5, whenever the boundary of the township changes.
(e) The legislative body may make the division under this section at any time, subject to IC 3-11-1.5-32.5.
(f) This subsection applies during the second year after a year in which a federal decennial census is conducted. If the legislative body determines that a division is not required under subsection (b), the legislative body shall adopt an ordinance recertifying that the districts as drawn comply with this section.
(g) Each time there is a division under subsection (b) or a recertification under subsection (f), the legislative body shall file with the circuit court clerk of the county not later than thirty (30) days after the adoption or recertification occurs a map of the district boundaries:
(1) adopted under subsection (b); or
(2) recertified under subsection (f).
(h) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.
(i) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the ordinance;
the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
(b) During the 2013 legislative interim, the committee shall do the following:
(1) Study the standards for determining residency for purposes of voting, candidacy, and holding office in Indiana (IC 3-5-5).
(2) Study allegations of voter suppression of African-Americans, Latinos, other ethnic minorities, and the elderly.
(3) Study allegations of election fraud occurring in the:
(A) absentee voting process;
(B) candidate filing process;
(C) voter registration process; and
(D) voting process.
(4) Study methods for improving election administration by reducing lines at polling places.
(5) Study methods for reducing the cost of the election process.
(6) Study methods for enabling an emergency first responder responding to an emergency declaration to receive an absentee ballot or absentee ballot application by electronic mail or facsimile (fax) machine.
(7) Study the impact of sending written communications to a voter containing false vote history information regarding that voter.
(8) Study issues related to redistricting conducted by local units of government.
(c) The committee shall make any proposed recommendations concerning the topics described in subsection (b), including any proposed legislation, as the committee considers appropriate.
(d) This SECTION expires January 1, 2014.
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