§ 2-1-9-13 — Severability of redistricting acts; redistricting state legislative function; curing any invalidity by general assembly preferred; legal defense of redistricting plan

Indiana § 2-1-9-13

• Jurisdiction: Indiana
• Art. 1: LEGISLATIVE APPORTIONMENT
• Ch. 9: General Provisions Relating to Establishing Legislative

Text

(a) As used in this section, "redistricting act"
refers to any act that enacted IC 2-1-14 or IC 2-1-15, or both of those
statutes.
(b) The provisions of a redistricting act are severable as provided in
IC 1-1-1-8(b).
(c) If:
(1) any portion of a redistricting act, including any district; or
(2) application of any portion of a redistricting act to any person
or circumstance;
is found to be invalid by a court, the invalidity does not affect the
remaining portions or applications of the redistricting act, including the
remaining districts, that can be given effect without the invalid
portions, applications, or districts.
(d) Redistricting is a state legislative function under both the
Constitution of the State of Indiana and the Constitution of the United
States. Therefore, if a redistricting act or any portion of a redistricting
act is found invalid by a court, the general assembly expresses its
preference that any court that finds the invalidity give the general
assembly the opportunity to cure the invalidity before the court
mandates its own remedial plan. The opportunity to cure is without
prejudice to the right of either house of the general assembly to seek
further appeal of any such court action.
(e) The general assembly reserves the right to replace any
redistricting plan mandated by a court immediately, if in session or, if
not in session, in a special session or the next regular session,
whichever comes first.
(f) In any court proceeding challenging a redistricting plan of the
general assembly each of the Indiana house of representatives or the
Indiana senate may:
(1) take independent legal positions in the proceeding; and
(2) hire independent legal counsel to represent their respective
legal positions.
The speaker of the house of representatives shall determine the legal
position taken by the house of representatives. The president pro
tempore of the senate shall determine the legal position taken by the
senate.

Legislative History

As added by P.L.214-2011, SEC.10. Amended by P.L.6-2012, SEC.3; P.L.221-2021, SEC.12.