§ 36-5-2-4.1 — Town legislative body districts; standards; towns of less than 3,500 abolishing districts; ordinances; recertification of districts; filing with circuit court clerk; time for filing

Indiana § 36-5-2-4.1

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 5: GOVERNMENT OF TOWNS
• Ch. 2: Town Legislative Body and Executive

Text

1. (a) The legislative body may, by ordinance,
divide the town into districts for the purpose of conducting elections of
town officers.
(b) A town legislative body district must comply with the following
standards:
(1) The district must be composed of contiguous territory, except
for territory that is not contiguous to any other part of the town.
(2) The district must be reasonably compact.
(3) The district must contain, as nearly as is possible, equal
population.
(4) The district may not cross a census block boundary except
when following a precinct boundary line or unless the ordinance
specifies that the census block has no population and is not likely
to have population before the effective date of the next federal
decennial census.
(5) The district may not cross precinct lines, except as provided
in subsection (c).
(c) The boundary of a town legislative body district established
under subsection (a) may cross a precinct boundary line if:
(1) the legislative body provides by ordinance under section 5 of
this chapter that all legislative body members are to be elected at
large by the voters of the whole town; or
(2) the district would not otherwise contain, as nearly as is
possible, equal population.
(d) If any territory in the town is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(e) The ordinance may be appealed in the manner prescribed by IC 34-13-6. If the town is located in two (2) or more counties, the appeal
may be filed in the circuit or superior court of any of those counties.
(f) This subsection does not apply to a town with an ordinance
described by subsection (g). Except as provided in subsection (j), the
division permitted by subsection (a) shall be made only at times
permitted under IC 3-5-10.
(g) This subsection applies to a town having a population of less
than three thousand five hundred (3,500). The town legislative body
may adopt an ordinance providing that:
(1) town legislative body districts are abolished; and
(2) all members of the legislative body are elected at large.
(h) An ordinance described by subsection (g):
(1) may not be adopted or repealed during a year in which a
municipal election is scheduled to be conducted in the town under
IC 3-10-6 or IC 3-10-7; and
(2) is effective upon passage.
(i) A copy of the ordinance establishing districts or a recertification
under this section must be filed with the circuit court clerk of the
county that contains the greatest population of the town not later than
thirty (30) days after the ordinance or recertification is adopted. The
filing must include a map of the district boundaries:
(1) adopted under subsection (a); or
(2) recertified under subsection (j).
(j) 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.
(k) 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.
(l) This subsection applies to a town having a population of less than
three thousand five hundred (3,500). If the town legislative body has
not:
(1) adopted an ordinance under subsection (a) and subject to
subsection (f) after December 31, 2011; or
(2) adopted an ordinance recertifying districts under subsection
(j) after December 31, 2011;
the town legislative body districts are abolished, effective January 1,
2018. A town described by this subsection may adopt an ordinance to
establish town legislative body districts in accordance with subsection
(a) and subject to subsection (f) after January 1, 2018.
(m) IC 3-5-10 applies to a plan established under this section.
As added by Acts 1980, P.L.2, SEC.17. Amended by
P.L.13-1988, SEC.20; P.L.5-1989, SEC.115; P.L.7-1990, SEC.62;
P.L.4-1991, SEC.146; P.L.3-1993, SEC.273; P.L.2-1995, SEC.130;
P.L.3-1997, SEC.464; P.L.1-1998, SEC.205; P.L.230-2005, SEC.88;
P.L.271-2013, SEC.52; P.L.74-2017, SEC.79; P.L.169-2022,
SEC.18.