§ 36-2-3-4 — Election of fiscal body; division of county into districts; single-member district criteria; recertification of districts; filing with circuit court clerk; time for filing

Indiana § 36-2-3-4

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 2: GOVERNMENT OF COUNTIES GENERALLY
• Ch. 3: County Fiscal Body

Text

(a) This subsection does not apply to the
following counties:
(1) A county having a population of more than four hundred
thousand (400,000) 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) that opts in to the system of county
government as described in IC 36-2-2-4(c).
The county executive shall, by ordinance, divide the county into four
(4) 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) and 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 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 IC 36-2-2-4(c). 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 and be composed of contiguous territory, 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 (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, 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.
(g) Each time there is a division under subsection (e) or a
recertification under subsection (f), 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
(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: 17-1-24-2
part; 17-1-28-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts
1981, P.L.11, SEC.144; Acts 1981, P.L.17, SEC.10; Acts 1981, P.L.5,
SEC.2; P.L.10-1988, SEC.237; P.L.13-1988, SEC.14; P.L.5-1989,
SEC.88; P.L.12-1992, SEC.153; P.L.122-2000, SEC.21; P.L.230-2005,
SEC.83; P.L.119-2012, SEC.182; P.L.271-2013, SEC.47; P.L.77-2014,
SEC.17; P.L.278-2019, SEC.186; P.L.169-2022, SEC.12;
P.L.104-2022, SEC.150; P.L.105-2022, SEC.37; P.L.201-2023,
SEC.269; P.L.227-2023, SEC.142.