Bill Text: IN HB1446 | 2013 | Regular Session | Introduced
Bill Title: Redistricting commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Elections and Apportionment [HB1446 Detail]
Download: Indiana-2013-HB1446-Introduced.html
Citations Affected: IC 2-1.5; IC 2-2.1-1-2.7; IC 3-3-2; IC 3-3-5-10;
IC 3-8.
Synopsis: Redistricting commission. Establishes a redistricting
commission to create, hold hearings on, take public comment about,
and recommend plans to redraw general assembly districts and
congressional districts. Requires the legislative services agency
(agency) to provide staff and administrative services to the
commission. Establishes standards to govern the commission and the
agency in the creation of redistricting plans. Provides that if the
Constitution of the State of Indiana does not require the general
assembly to establish legislative districts, the commission's
recommendations for legislative and congressional districts become the
plans that define those districts. Provides that, if the Constitution of the
State of Indiana so requires, the general assembly must meet and enact
redistricting plans before October 1 of a redistricting year. Authorizes
the general assembly to convene in a session to act on redistricting bills
at times other than the times the general assembly is currently
authorized to meet. Repeals the current law establishing a redistricting
commission for congressional redistricting. Appropriates from the state
general fund the amounts necessary to pay the expenses of
implementing the statute.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Elections and
Apportionment.
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.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly and to make an appropriation.
ARTICLE 1.5. REDISTRICTING OF GENERAL ASSEMBLY AND CONGRESSIONAL DISTRICTS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. "Agency" refers to the legislative services agency established by IC 2-5-1.1-7.
Sec. 3. "Appointing authority" refers to any of the following:
(1) The speaker of the house of representatives.
(2) The minority leader of the house of representatives.
(3) The president pro tempore of the senate.
(4) The minority leader of the senate.
Sec. 4. "Bureau" refers to the United States Department of Commerce, Bureau of the Census.
Sec. 5. "Census data" means the population data that the bureau is required to provide to the state under 13 U.S.C. 141.
Sec. 6. "Census year" refers to the year in which a federal decennial census is conducted.
Sec. 7. "Commission" refers to the redistricting commission established by IC 2-1.5-3-1.
Sec. 8. "Federal decennial census" refers to a federal decennial census conducted under 13 U.S.C. 141.
Sec. 9. "House of representatives" refers to the house of representatives of the general assembly.
Sec. 10. "Ideal district population" for a plan refers to the number equal to the quotient of the following, rounded to the nearest whole number:
(1) The numerator is the population of Indiana as reported by the most recent federal decennial census.
(2) The denominator is the number of districts required by this article for the plan.
Sec. 11. "Nominating commission" refers to the judicial nominating commission established by Article 7, Section 9 of the Constitution of the State of Indiana.
Sec. 12. (a) "Plan" refers to any of the following:
(1) A plan for districts for the house of representatives.
(2) A plan for districts for the senate.
(3) A plan for congressional districts.
(b) A plan includes maps and written descriptions of the maps that define all the districts that a plan is required to have under this article.
Sec. 13. "Political subdivision" means a city, county, town, or township.
Sec. 14. "Redistricting year" refers to the year immediately following a census year.
Sec. 15. "Senate" refers to the senate of the general assembly.
Chapter 2. Nomination of Redistricting Commission Members
Sec. 1. An individual who wishes to serve as a member of the commission must make an application to the nominating commission:
(1) not sooner than January 1 of the census year; and
(2) not later than July 1 of the census year.
Sec. 2. (a) An individual who wishes to serve as a member of the commission must be a resident of Indiana.
(b) An individual may not serve on the commission if the individual has been any of the following at any time less than six (6)
years before January 1 of the redistricting year for which the
individual will serve as a commission member:
(1) A member of the general assembly or the Congress of the
United States.
(2) A candidate for election to the general assembly or the
Congress of the United States.
(3) The holder of a state office (as defined in IC 3-5-2-48).
(4) An appointed public official.
(5) The chairman or treasurer of a candidate's committee of
a candidate for election to the general assembly or the
Congress of the United States as required by IC 3-9-1 or
federal law.
(6) An individual registered as a lobbyist under IC 2-7.
Sec. 3. (a) An individual's application to serve on the
commission must contain the following information:
(1) The individual's name.
(2) The individual's address.
(3) The individual's telephone number.
(4) The individual's electronic mail address.
(5) The individual's occupation.
(6) A brief biography of the individual.
(7) A brief statement why the individual:
(A) wishes to be a commission member; and
(B) believes the individual is qualified to be a commission
member.
(8) A statement that the individual is either of the following:
(A) A member of a major political party of the state (as
defined in IC 3-5-2-30).
(B) A political independent.
(9) A statement made under the penalties for perjury stating
that the information that the individual has supplied on the
individual's application is true to the best of the individual's
knowledge and belief.
(b) For purposes of subsection (a)(8), an individual is considered
a political independent only if the individual satisfies all of the
following during the ten (10) year period immediately before the
census year:
(1) The individual has not voted in a primary election of a
major political party of the state.
(2) The individual has not been a candidate of a major
political party of the state for any office.
(3) The individual has not served as a precinct committeeman
or a precinct vice committeeman of a major political party of
the state.
(4) The individual has not served as a member of a
candidate's committee of a candidate of a major political
party of the state.
(5) The individual has not served as a member of a regular
party committee of a major political party of the state.
(6) The individual has not served as a delegate of a state
convention or a national convention of a major political party
of the state.
(7) The individual has not served as a candidate for the office
of elector for President and Vice President of the United
States.
Sec. 4. (a) Not later than September 1 of a census year, the
nominating commission shall recommend the names of not more
than twenty-five (25) individuals who:
(1) have applied to be a member of the commission under this
chapter; and
(2) the nominating commission considers the most qualified to
serve as members of the commission.
(b) The names of the individuals recommended under subsection
(a) shall be sorted into three (3) lists as follows:
(1) A list of the names of the ten (10) individuals who are
members of the same major political party of the state who
the nominating commission considers most qualified to serve
as a member of the commission. If ten (10) or fewer
individuals applied whose names could be placed on this list,
the names of all the individuals shall be placed on the list.
(2) A list of the names of the ten (10) individuals who are
members of the other major political party of the state who
the nominating commission considers most qualified to serve
as a member of the commission. If ten (10) or fewer
individuals applied whose names could be placed on this list,
the names of all the individuals shall be placed on the list.
(3) A list of the names of the five (5) individuals who are
political independents who the nominating commission
considers most qualified to serve as the chair of the
commission. If five (5) or fewer individuals applied whose
names could be placed on this list, the names of all the
individuals shall be placed on the list.
Sec. 5. The nominating commission shall certify a copy of each
of the lists to the following, not later than October 1 of a census
year:
(1) Each of the appointing authorities.
(2) The executive director of the agency.
Chapter 3. Redistricting Commission
Sec. 1. As provided in this chapter, a redistricting commission
consisting of five (5) members is established.
Sec. 2. (a) Not later than January 15 of a redistricting year, each
of the appointing authorities shall do the following:
(1) Appoint one (1) individual whose name is on a list
described in IC 2-1.5-2-4(b)(1) or IC 2-1.5-2-4(b)(2) to be a
commission member.
(2) Certify to the executive director of the agency the
appointment of the individual to the commission.
(b) Not later than February 15 of a redistricting year, the
members appointed under subsection (a) shall meet and appoint a
fifth individual to be the commission's chair. The name of the
individual appointed as chair must appear on the list described in
IC 2-1.5-2-4(b)(3).
(c) If the commission does not appoint an individual as
commission chair before March 1 of a redistricting year, the chief
justice of the supreme court shall appoint a fifth individual to be
the commission's chair from the list of names described in
IC 2-1.5-2-4(b)(3). The chief justice shall:
(1) make the appointment before March 15 of the redistricting
year; and
(2) certify the appointment to the executive director of the
agency.
Sec. 3. (a) Before undertaking duties as a commission member,
an individual appointed under section 2 or 6 of this chapter must
do each of the following:
(1) Take an oath of office.
(2) Make an affirmation that the individual will:
(A) apply the provisions of this article in an honest and
independent manner; and
(B) uphold public confidence in the integrity of the
redistricting process.
(3) Make a written pledge that the individual will not be a
candidate for:
(A) election to the general assembly; or
(B) selection to fill a vacancy in the general assembly;
at any time before the second election for members of the
general assembly after the individual's appointment to the
commission.
(b) A member's oath, affirmation, and pledge shall be filed with
the agency.
Sec. 4. An individual serves as a commission member until the
earlier of the following:
(1) The individual vacates the individual's membership on the
commission.
(2) The appointment of a new commission under this chapter
following a federal decennial census.
Sec. 5. A commission member may be removed from office for
substantial neglect of duty, gross misconduct in office, or inability
to discharge the duties of office as provided by law for the removal
of other public officers.
Sec. 6. (a) If the position of commission chair becomes vacant,
the commission shall appoint an individual to fill the vacancy not
later than fifteen (15) days after the vacancy occurs. If the
commission does not make the appointment as provided in this
subsection, the chief justice shall:
(1) make the appointment not later than thirty (30) days after
the vacancy occurs; and
(2) certify the appointment to the executive director of the
agency.
The name of the individual appointed under this subsection must
appear on the list of names described in IC 2-1.5-2-4(b)(3).
(b) If a vacancy other than a vacancy described in subsection (a)
occurs on the commission, the leader of the caucus, whose leader
appointed the member whose position is vacant, shall appoint an
individual to fill the vacancy not later than fifteen (15) days after
the vacancy occurs. The name of the individual appointed under
this subsection must appear on the list of names described in
IC 2-1.5-2-4(b)(1) or IC 2-1.5-2-4(b)(2).
Sec. 7. The affirmative vote of three (3) commission members is
necessary for the commission to take official action.
Sec. 8. Each commission member is entitled to receive the same
per diem, mileage, and travel allowances paid to members of the
general assembly serving on interim study committees established
by the legislative council.
Sec. 9. The agency shall provide the commission with staff and
administrative services.
Sec. 10. The amounts necessary to pay the expenses of the
commission and the agency to implement this article are
continuously appropriated to the agency from the state general
fund.
Chapter 4. Redistricting Procedure
Sec. 1. (a) Before January 1 of a redistricting year, the agency
shall acquire any hardware, software, and supplies necessary to
assist the commission in the performance of the commission's
duties under this article.
(b) At any time, the agency may acquire additional hardware,
software, and supplies the executive director of the agency
considers necessary to assist the commission in performance of the
commission's duties under this article.
Sec. 2. Not later than March 15 of a redistricting year, the
commission's chair shall convene the commission to do the
following:
(1) Organize the commission.
(2) Receive reports from the agency concerning the following:
(A) Information relating to the receipt of census data from
the bureau.
(B) The readiness of the agency to assist the commission's
work.
(C) Any other matter on which a report is requested by the
commission.
(3) Provide initial instructions to the agency regarding the
commission's work.
(4) Schedule hearings required or permitted under section 5
of this chapter.
(5) Schedule other meetings the commission considers
necessary.
(6) Schedule the receipt of maps from the public.
Sec. 3. If the agency must make a decision on a question for
which no clearly applicable provision of this article or instruction
of the commission provides an answer, the executive director of the
agency shall submit a written request to the commission for
direction.
Sec. 4. (a) The agency shall do the following:
(1) Create maps of legislative district plans and congressional
district plans that conform to this article and the
commission's instructions.
(2) Prepare written descriptions of the maps created under
subdivision (1).
(3) Evaluate maps submitted by the public for conformance
with the standards set forth in IC 2-1.5-5.
(b) The agency shall produce as many different plans as the
commission instructs:
(1) not earlier than May 1 of a redistricting year; and
(2) not later than May 15 of the redistricting year.
(c) The agency shall publish the maps and descriptions:
(1) prepared for the commission by the agency; and
(2) submitted to the commission from the public;
as directed by the commission not later than May 15 of a
redistricting year.
Sec. 5. (a) As directed by the commission, the agency shall
receive for the commission written public comments regarding the
plans after publication of the plans.
(b) Not later than June 30 of a redistricting year, the
commission shall conduct at least one (1) public hearing in each of
the following regions of Indiana, as determined by the commission:
(1) Northern Indiana.
(2) Central Indiana.
(3) Southern Indiana.
(c) The commission may hold hearings in addition to the
hearings required by subsection (b).
(d) The commission shall do the following at any hearings held
under this section:
(1) Explain the redistricting procedure.
(2) Present the plans prepared for the commission by the
agency.
(3) Have available the plans submitted by the public and the
agency's evaluation of those plans.
(4) Hear public comments and suggestions.
(e) The commission may take other actions the commission
considers appropriate to do the following:
(1) Explain the redistricting procedure or the plans to the
public.
(2) Receive public comments and suggestions.
Sec. 6. (a) Not later than August 1 of a redistricting year, the
commission shall meet to adopt a report to the general assembly.
The report must include the following:
(1) A summary of the commission's and the agency's
preparation for the commission's work.
(2) A description of the hearings held under section 5 of this
chapter.
(3) A summary of the public comments and suggestions
received in writing and at the hearings.
(4) The commission's recommendation to the general
assembly for each of the following:
(A) A district plan for the house of representatives.
(B) A district plan for the senate.
(C) A congressional district plan.
(5) Maps for each plan, including both a statewide map and a
map for each district.
(6) A bill that would enact each of the plans. This subdivision
applies only if the Constitution of the State of Indiana
requires the general assembly to establish legislative districts.
(b) The commission shall recommend to the general assembly
the plan that the commission considers the best in meeting the
standards set forth in IC 2-1.5-5.
(c) The commission may include any other information in the
report that the commission considers useful to explain the
commission's work or recommendations.
(d) The report required by this section must be submitted to the
legislative council in an electronic format under IC 5-14-6.
Sec. 7. (a) This section does not apply if the Constitution of the
State of Indiana requires the general assembly to establish
legislative districts.
(b) The agency shall file the commission's report under section
6 of this chapter with the secretary of state not later than August
15 of a redistricting year.
(c) The commission's recommendations become the plans for the
districts for the house of representatives, for the senate, and for
congressional districts, beginning with the first general election
held after the redistricting year.
Chapter 5. Redistricting Standards
Sec. 1. Districts created for the house of representatives, the
senate, and the United States House of Representatives must
comply with the standards of this chapter.
Sec. 2. (a) A plan for house of representatives districts must
provide for one hundred (100) districts.
(b) A plan for senate districts must provide for fifty (50)
districts.
(c) A plan for congressional districts must provide for as many
districts as are allocated to Indiana under 2 U.S.C. 2a.
Sec. 3. Districts shall be established on the basis of population.
Sec. 4. The population of a district of the house of
representatives or the senate may not deviate from the ideal
district population by more than one percent (1%) of the ideal
district population.
Sec. 5. (a) Districts must be composed of contiguous territory.
(b) Areas that meet only at the point of adjoining corners are not considered contiguous.
Sec. 6. Districts must be as compact as possible to the extent practicable while considering other provisions of this chapter and the federal Voting Rights Act.
Sec. 7. Districts must not breach precinct boundaries.
Sec. 8. To the extent possible consistent with sections 2 through 6 of this chapter, district boundaries of general assembly districts must coincide with the boundaries of Indiana political subdivisions as follows:
(1) The commission shall minimize the number of counties and cities divided among more than one (1) district.
(2) Except as provided in subdivision (3), if there is a choice between political subdivisions to be divided, a more populous political subdivision shall be divided before a less populous political subdivision is divided.
(3) Subdivision (2) does not apply to a legislative district boundary drawn along a county line that passes through a municipality that lies in more than one (1) county.
Sec. 9. A plan shall maximize the number of competitive districts to the extent possible without compromising the other standards described in this chapter.
Sec. 10. (a) In evaluating plans for recommendation, the commission shall consider the effect that a plan has on language minority groups and racial minority groups as required by the federal Voting Rights Act.
(b) The commission may use political data at least to the extent necessary to comply with the federal Voting Rights Act.
(b) The definitions in IC 2-1.5-1 apply throughout this section.
(c) Before October 1 of a redistricting year, the general assembly shall convene and enact bills to establish the following:
(1) House of representatives districts.
(2) Senate districts.
(3) Congressional districts.
(d) A bill to enact a redistricting plan recommended by the redistricting commission under IC 2-1.5-4 must be introduced in
and considered by each house of the general assembly, without
amendment, except amendments of a technical nature.
(e) Unless the general assembly has enacted bills described in
subsection (c) at:
(1) a session convened under another section of this chapter;
or
(2) a special session called by the governor;
the general assembly may not consider a matter that is not relevant
to the legislation described in subsection (c) during a session
convened under this section.
(1) adopted by the redistricting commission under IC 3-3-2 (repealed); and
(2) published in the governor's executive order 01-11 in the Indiana Register at 24 IR 3293-3298;
is void.
(b) This section expires January 1, 2022.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner.
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has been adopted under
(2) ending on the date that
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner.
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has been adopted under
(2) ending on the date that
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under
