(a)This subsection does not apply to the
following counties:
(1)A county having a population of more than four hundred fifty
thousand (450,000) and less than seven hundred thousand
(700,000).
(2)A county having a population of more than one hundred
eighty-five thousand (185,000) and less than three hundred
thousand (300,000).
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.
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(a) This subsection does not apply to the
following counties:
(1) A county having a population of more than four hundred fifty
thousand (450,000) and less than seven hundred thousand
(700,000).
(2) A county having a population of more than one hundred
eighty-five thousand (185,000) and less than three hundred
thousand (300,000).
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 fifty thousand (450,000) and 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 one hundred eighty-five thousand (185,000) and less than three
hundred thousand (300,000) that opts in to the system of county
government described in subsection (d), sections 4.7(c) and 5(d)(2) of
this chapter, IC 36-2-3-2(b), IC 36-2-3-4(c), and IC 36-2-3.5-1(2) by
passing a resolution by a majority vote of its executive body not later
than September 1, 2023. In the event the executive body of a county
described in this subsection does not opt in by September 1, 2023, the
county shall be governed by the general provisions of this chapter. 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 (f), a division under subsection
(a), (b), or (c) shall be made only at times permitted under IC 3-5-10.
(f) 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.
(g) Each time there is a division under subsection (e) or a
recertification under subsection (f), 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
(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) IC 3-5-10 applies to a plan established under this section.
[Pre-Local Government Recodification Citations: 17-1-14-2
part; 17-1-15.6-1 part; 17-1-15.6-2 part; 17-1-15.6-3; 17-1-28-2
part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts
1980, P.L.125, SEC.13; Acts 1981, P.L.11, SEC.136; Acts 1981,
P.L.17, SEC.6; P.L.10-1988, SEC.236; P.L.13-1988, SEC.13;
P.L.5-1989, SEC.87; P.L.12-1992, SEC.150; P.L.2-1996, SEC.287;
P.L.122-2000, SEC.20; P.L.230-2005, SEC.82; P.L.119-2012,
SEC.179; P.L.271-2013, SEC.46; P.L.169-2022, SEC.10;
P.L.104-2022, SEC.146; P.L.105-2022, SEC.36; P.L.201-2023,
SEC.265; P.L.230-2025, SEC.139.