Bill Text: IN SB0099 | 2012 | Regular Session | Introduced
Bill Title: Redistricting.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Elections [SB0099 Detail]
Download: Indiana-2012-SB0099-Introduced.html
Citations Affected: IC 2-1.5; IC 2-2.1-1-2.7; IC 3-3; IC 3-8.
Synopsis: Redistricting. Establishes a redistricting commission
(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 plans define those districts. Provides
that if the Constitution requires the general assembly to establish the
districts, 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. Provides that a person employed by the agency or under contract
with the agency may not knowingly or intentionally use political data
in the creation or evaluation of a redistricting plan. Provides that a
person may not knowingly or intentionally solicit, aid, induce, or cause
a person employed by the agency or under contract with the agency to
use political data in the creation or evaluation of a redistricting plan.
Makes a violation of these restrictions a Class D felony. Repeals the
current law relating to congressional redistricting by a commission
when the general assembly fails to enact a congressional redistricting
plan. Appropriates from the state general fund the amounts necessary
to pay the expenses of implementing the statute.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Elections.
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 2-1.5-2-1.
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. (a) "Plan" refers to any of the following:
(1) A plan for districts for the house of representatives.
(2) A plan for districts for the senate.
(3) A plan for congressional districts.
(b) A plan includes maps and written descriptions of the maps that define all the districts that a plan is required to have under this article.
Sec. 12. "Political data" refers only to the following:
(1) Data relating to party registration.
(2) Data relating to voting history.
(3) Election returns.
Sec. 13. "Political subdivision" means a city, county, town, or township.
Sec. 14. "Redistricting year" refers to the year immediately following a census year.
Sec. 15. "Senate" refers to the senate of the general assembly.
Chapter 2. Redistricting Commission
Sec. 1. A redistricting commission consisting of nine (9) members is established as provided in this chapter.
Sec. 2. (a) Not later than January 15 of a redistricting year, each of the appointing authorities shall do the following:
(1) Appoint two (2) individuals to be commission members.
(2) Certify to the executive director of the agency the appointment of the individuals to the commission.
Not more than one (1) member appointed under this subsection
may reside in any particular congressional district.
(b) Not later than February 15 of a redistricting year, the
members appointed under subsection (a) shall meet and appoint a
ninth individual to be the commission's chair.
(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 an individual to be the
commission's chair. The chief justice shall:
(1) make the appointment before March 15 of the redistricting
year; and
(2) certify the appointment to the executive director of the
agency.
(d) The individual appointed commission chair:
(1) must be a retired judge;
(2) may not be a member appointed under subsection (a); and
(3) may reside in any congressional district;
but is otherwise subject to the same qualifications set forth in this
chapter for the other commission members.
Sec. 3. To serve on the commission, an individual must be a
resident of Indiana.
Sec. 4. An individual may not serve on the commission if the
individual has been any of the following at any time less than six (6)
years before the individual's appointment to the commission:
(1) A member of the general assembly or the Congress of the
United States.
(2) A candidate for election to the general assembly or the
Congress of the United States.
(3) The holder of a state office (as defined in IC 3-5-2-48).
(4) An appointed public official.
(5) The chairman or treasurer of a candidate's committee of
a candidate for election to the general assembly or the
Congress of the United States as required by IC 3-9-1 or
federal law.
(6) An individual registered as a lobbyist under IC 2-7.
Sec. 5. (a) Before undertaking duties as a commission member,
an individual appointed under section 2 or 8 of this chapter must
do 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. 6. 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. 7. 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. 8. (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.
(b) If a vacancy other than a vacancy described in subsection (a)
occurs on the commission, the leader of the caucus whose leader
appointed the member whose position is vacant shall appoint an
individual to fill the vacancy not later than fifteen (15) days after
the vacancy occurs.
Sec. 9. The affirmative vote of five (5) commission members is
necessary for the commission to take official action.
Sec. 10. 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. 11. The agency shall provide the commission with staff and
administrative services.
Sec. 12. 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 3. Redistricting Procedure
Sec. 1. (a) Before January 1 of a redistricting year, the agency shall acquire any hardware, software, and supplies necessary to assist the commission in the performance of 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 2-1.5-4.
(b) The agency shall produce as many different plans as the commission instructs:
(1) not earlier than May 1 of a redistricting year; and
(2) not later than May 15 of the redistricting year.
(c) The agency shall publish the maps and descriptions:
(1) prepared for the commission by the agency; and
(2) submitted to the commission from the public;
as directed by the commission not later than May 15 of a redistricting year.
Sec. 5. (a) As directed by the commission, the agency shall receive for the commission written public comments regarding the plans after publication of the plans.
(b) Not later than June 30 of a redistricting year, the commission shall conduct at least one (1) public hearing in each of the following regions of Indiana, as determined by the commission:
(1) Northern Indiana.
(2) Central Indiana.
(3) Southern Indiana.
(c) The commission may hold hearings in addition to the hearings required by subsection (b).
(d) The commission shall do the following at any hearings held under this section:
(1) Explain the redistricting procedure.
(2) Present the plans prepared for the commission by the agency.
(3) Have available the plans submitted by the public and the agency's evaluation of those plans.
(4) Hear public comments and suggestions.
(e) The commission may take other actions the commission considers appropriate to do the following:
(1) Explain the redistricting procedure or the plans to the public.
(2) Receive public comments and suggestions.
Sec. 6. (a) Not later than August 1 of a redistricting year, the commission shall meet to adopt a report to the general assembly. The report must include the following:
(1) A summary of the commission's and the agency's preparation for the commission's work.
(2) A description of the hearings held under section 5 of this chapter.
(3) A summary of the public comments and suggestions received in writing and at the hearings.
(4) The commission's recommendation to the general assembly for each of the following:
(A) A district plan for the house of representatives.
(B) A district plan for the senate.
(C) A congressional district plan.
(5) Maps for each plan, including both a statewide map and a map for each district.
(6) A bill that would enact each of the plans. This subdivision applies only if the Constitution of the State of Indiana requires the general assembly to establish legislative districts.
(b) The commission shall recommend to the general assembly the plan that the commission considers the best in meeting the standards set forth in IC 2-1.5-4.
(c) The commission may include any other information in the report that the commission considers useful to explain the commission's work or recommendations.
(d) The report required by this section must be submitted to the legislative council in an electronic format under IC 5-14-6.
Sec. 7. (a) This section does not apply if the Constitution of the State of Indiana requires the general assembly to establish legislative districts.
(b) The agency shall file the commission's report under section 6 of this chapter with the secretary of state not later than August 15 of a redistricting year.
(c) The commission's recommendations become the plans for the districts for the house of representatives, for the senate, and for congressional districts, beginning with the first general election held after the redistricting year.
Chapter 4. Redistricting Standards
Sec. 1. Districts created for the house of representatives, the senate, and the United States House of Representatives must comply with the standards of this chapter.
Sec. 2. (a) A plan for house of representatives districts must provide for one hundred (100) districts.
(b) A plan for senate districts must provide for fifty (50) districts.
(c) A plan for congressional districts must provide for as many districts as are allocated to Indiana under 2 U.S.C. 2a.
Sec. 3. Districts shall be established on the basis of population.
Sec. 4. Each district shall be represented by one (1) individual.
Sec. 5. (a) Each house of representatives district must be included entirely within one (1) senate district.
(b) Each senate district must consist of two (2) house of representatives districts and no other territory.
Sec. 6. (a) The population of a house or a senate district may not deviate from the ideal district population by more than five percent (5%) of the ideal district population.
(b) When the percentage of deviation from the ideal district population of the district with the smallest population under the plan is added to the percentage of deviation from the ideal district population of the district with the largest population under the plan, the total percentage of deviation under the plan may not exceed ten percent (10%).
Sec. 7. (a) A congressional district plan shall provide for districts that are as nearly equal in population as is practicable. However, a congressional district plan may provide for districts that are not equal in population if the resulting plan:
(1) produces more compact congressional districts; or
(2) better respects the boundaries of political subdivisions as required by this chapter;
than a plan with districts that have equal population.
(b) Notwithstanding subsection (a), when the percentage of deviation from the ideal district population in the congressional district with the smallest population under the plan is added to the percentage of deviation from the ideal district population in the congressional district with the largest population under the plan, the total percentage of deviation under the plan may not exceed thirty-five hundredths of one percent (0.35%).
Sec. 8. (a) Districts must be composed of contiguous territory.
(b) For purposes of this section, areas that meet only at the point of adjoining corners are not considered contiguous.
Sec. 9. (a) Districts must be as compact as possible.
(b) The compactness of a district shall be determined by measuring the total length of the boundary of the district.
(c) The compactness of a plan shall be determined by adding the compactness measures of all the districts in the plan as determined under subsection (b).
(d) A plan is considered more compact than another plan if, as determined under subsection (c), the compactness measure of the plan is less than the compactness measure of the other plan.
Sec. 10. (a) To the extent possible consistent with sections 3 through 9 of this chapter, the boundaries of the districts of a plan
must coincide with the boundaries of Indiana political subdivisions
as follows:
(1) The plan must minimize the number of counties divided
among more than one (1) district. If it is necessary to divide
counties among districts, a more populous county shall be
divided before a less populous county is divided.
(2) The plan must minimize the number of municipalities
divided among more than one (1) district. If it is necessary to
divide municipalities among districts, a more populous
municipality shall be divided before a less populous
municipality is divided. This requirement does not apply to a
district boundary drawn along a county line that passes
through a municipality that lies in more than one (1) county.
(3) The plan must minimize the number of townships divided
among more than one (1) district. If it is necessary to divide
townships among districts, a more populous township shall be
divided before a less populous township is divided.
(4) The plan must minimize the number of school
corporations divided among more than one (1) district. If it is
necessary to divide school corporations among districts, a
more populous school corporation shall be divided before a
less populous school corporation is divided.
(5) The plan may not divide a precinct (as the precinct exists
on April 1 of the redistricting year).
(b) To the extent that complying with the standards for
respecting the boundaries of political subdivisions under this
section conflicts with the compactness standards of this chapter,
the requirements of this section prevail over the compactness
standards.
Sec. 11. The following information may not be considered in
drawing districts:
(1) The residence address of any individual.
(2) Data concerning the voting history of any individual,
including whether the individual requested a political party's
ballot in a primary election.
(3) Election returns.
Sec. 12. Notwithstanding any other provision of this chapter,
when evaluating plans for recommendation, the commission shall
consider the effect that a plan has on language minority groups and
racial minority groups to ensure compliance with the federal
Voting Rights Act and other relevant federal law.
Chapter 5. Offenses
Sec. 1. A person:
(1) employed by the agency; or
(2) working under a contract with the agency;
who knowingly or intentionally uses political data in the creation or evaluation of a plan under this article commits corrupt redistricting, a Class D felony.
Sec. 2. A person who knowingly or intentionally solicits, aids, induces, or causes a person:
(1) employed by the agency; or
(2) working under a contract with the agency;
to use political data in the creation or evaluation of a plan under this article commits solicitation of corrupt redistricting, a Class D felony.
(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 2-1.5-3 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) 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 IC 3-3. IC 2-1.5.
