§ 36-3-4-3 — City-county legislative body; division of county into districts; composition of body; election; petition for division of county

(a) The city-county legislative body shall, by
ordinance, divide the whole county into twenty-five (25) districts that:
(1) are 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) do not cross precinct boundary lines.
Except as provided by subsection (f), this division shall be made only
at times permitted under IC 3-5-10.
(b) The legislative body is composed of twenty-five (25) members
elected from the districts established under subsection (a).
(c) Each voter of the county may vote for one (1) candidate from the
district in which the voter resides.
(d) If the legislative body fails to make the division before the date
prescribed by subsection (a) or the division is alleged to violate
subsection (a) or other law, a taxpayer or registered voter of the county
may petition the superior court of the county to hear and determine the
matter. The court shall hear and determine the matter as a five (5)
member panel of judges from the superior court. The clerk of the court
shall select the judges electronically and randomly. The clerk shall
maintain a record of the method and process used to select the judges
and shall make the record available for public inspection and copying.
Not more than three (3) members of the five (5) member panel of
judges may be of the same political party. The first judge selected shall
maintain the case file and preside over the proceedings. There may not
be a change of venue from the court or from the county. The court may
appoint a master to assist in its determination and may draw proper
district boundaries if necessary. An appeal from the court's judgment
must be taken within thirty (30) days, directly to the supreme court, in
the same manner as appeals from other actions.
(e) An election of the legislative body held under the ordinance or
court judgment determining districts that is in effect on the date of the
election is valid, regardless of whether the ordinance or judgment is
later determined to be invalid.
(f) If the legislative body determines that a division under
subsection (a) is not required, the legislative body shall adopt an
ordinance recertifying that the districts as drawn comply with this
section.
(g) Each time there is a division under subsection (a) or a
recertification under subsection (f), the legislative 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 (a); 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: subsection
(a) formerly 18-4-3-6 part; 18-4-3-8; subsection (b) formerly
18-4-3-6 part; 18-2-1-4 part; subsection (c) formerly 18-4-3-6 part;
subsection (d) formerly 18-4-3-9 part; subsection (e) formerly
18-4-3-9 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts
1980, P.L.213, SEC.2; P.L.346-1983, SEC.2; P.L.5-1986, SEC.41;
P.L.13-1988, SEC.15; P.L.230-2005, SEC.84; P.L.141-2007, SEC.2;
P.L.266-2013, SEC.8; P.L.271-2013, SEC.48; P.L.2-2014, SEC.118;
P.L.169-2022, SEC.14.