Indiana § 36-2-3.5-6 Elections; stay upon failure to divide county into districts; court orders

Indiana Statutes

§ 36-2-3.5-6 — Elections; stay upon failure to divide county into districts; court orders

Indiana § 36-2-3.5-6

Title 36LOCAL GOVERNMENT

Art. 2GOVERNMENT OF COUNTIES GENERALLY

Ch. 3.5Division of Powers of Certain Counties

This text of Indiana § 36-2-3.5-6 (Elections; stay upon failure to divide county into districts; court orders) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-2-3.5-6 (2026).

Text

(a)A court may issue an order, before final hearing, to stay an election if there is sufficient evidence to withstand a motion for summary judgment that the county has not been divided into districts that comply with IC 36-2-2-4 or IC 36-2-3-4. A preliminary hearing on the question may be held upon the court's own motion.

(b)Final judgment on the merits in such a case shall be made within thirty (30) days of the stay of election order. If the redistricting is found not to be in compliance with law, the court shall retain jurisdiction and shall order the proper officials to submit within thirty (30) days a redistricting plan complying with law. If the proper officials fail to comply with the order, the court shall order the Indiana election commission to divide the county into districts i

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(a) A court may issue an order, before final
hearing, to stay an election if there is sufficient evidence to withstand
a motion for summary judgment that the county has not been divided
into districts that comply with IC 36-2-2-4 or IC 36-2-3-4. A
preliminary hearing on the question may be held upon the court's own
motion.
(b) Final judgment on the merits in such a case shall be made within
thirty (30) days of the stay of election order. If the redistricting is found
not to be in compliance with law, the court shall retain jurisdiction and
shall order the proper officials to submit within thirty (30) days a
redistricting plan complying with law. If the proper officials fail to
comply with the order, the court shall order the Indiana election
commission to divide the county into districts in compliance with law.
[Pre-Local Government Recodification Citation:
17-1-28-12.]
As added by Acts 1981, P.L.11, SEC.147. Amended by
P.L.2-1996, SEC.288.