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DIGEST OF INTRODUCED RESOLUTION
Citations Affected: Articles 17 and 4 of the Constitution of the State
of Indiana.
Synopsis: Legislative and congressional redistricting. Establishes a
redistricting commission to draw congressional and legislative districts
after the federal decennial census. Establishes principles for drawing
districts. Repeals the constitutional provision for drawing legislative
districts by the general assembly. This proposed amendment has not
been previously agreed to by a general assembly.
Effective: This proposed amendment must be agreed to by two
consecutive general assemblies and ratified by a majority of the state's
voters voting on the question to be effective.
January 11, 2005, read first time and referred to Committee on Elections and Civic Affairs.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the word
NEW will appear in that style type in the introductory clause of each SECTION that adds a
new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2004 Regular General Assembly.
SOURCE: ; (05)SJ9612.1. -->
SECTION 1. The following amendment to the Constitution of the
State of Indiana is proposed and agreed to by this, the One Hundred
Fourteenth General Assembly of the State of Indiana, and is referred to
the next General Assembly for reconsideration and agreement.
SECTION 2. THE CONSTITUTION OF THE STATE OF
INDIANA IS AMENDED BY ADDING A NEW ARTICLE TO
SOURCE: CON TOREAD; (05)SJ9612.2. -->
READ AS FOLLOWS:
ARTICLE 17. Redistricting Commission.
Sec. 1. General Assembly districts and Indiana congressional
districts shall be established as provided in this article.
Sec. 2. A redistricting commission consisting of five (5) members
is established.
Sec. 3. (a) A member of the redistricting commission must have
the following qualifications:
(1) A member of the redistricting commission must be a
registered Indiana voter.
(2) A member of the redistricting commission may not be a
resident of the same county as any other member of the
redistricting commission.
(3) A member of the redistricting commission may not have
been any of the following at any time within three (3) years
before becoming a member of the redistricting commission:
(A) Elected to a public office.
(B) Appointed to a public office.
(C) A candidate for a public office.
(D) An officer of a political party. For purposes of this
clause, a precinct committeeman is an officer of a political
party.
(E) An officer of a candidate's campaign for a public office.
(F) Employed as a lobbyist of the General Assembly.
(4) Not more than two (2) members of the redistricting
commission may be members of the same political party.
(b) Before becoming a member of the commission, an individual
shall make:
(1) the affirmation required by Article 15, Section 4 of this
Constitution; and
(2) an affirmation to:
(A) apply the provisions of this article in an honest,
independent, and impartial manner; and
(B) uphold public confidence in the integrity of the
redistricting process.
Sec. 4. (a) During a year in which a federal decennial census is
conducted, an individual who wants to serve on the redistricting
commission must submit an application to the Judicial Nominating
Commission.
(b) Not later than July 1 of the year in which a federal decennial
census is conducted, the Judicial Nominating Commission shall
establish a pool of individuals who are willing to serve on and are
qualified for appointment to the redistricting commission. The pool
of candidates must consist of twenty-five (25) nominees, with:
(1) ten (10) nominees each affiliated with each of the two (2)
largest political parties in Indiana; and
(2) five (5) nominees who are not affiliated with either of the
two (2) largest political parties in Indiana.
Sec. 5. (a) Appointments to the redistricting commission shall be
made as provided in this section.
(b) Not later than January 31 of the year following a year a
federal decennial census is conducted, the following shall each
appoint one (1) individual to the redistricting commission from the
pool of nominees:
(1) The Speaker of the House of Representatives.
(2) The minority party leader of the House of Representatives.
(3) The President pro tempore of the Senate.
(4) The minority party leader of the Senate.
If there is more than one (1) minority party represented in the
House of Representatives or the Senate, the leader of the minority
party with the greatest number of members in the House of
Representatives or the Senate is entitled to make the appointment.
(c) If a member of the General Assembly described in subsection
(b) fails to make an appointment before February 1 of the year
after the year a federal decennial census is conducted, that member
forfeits the right to make the appointment. The Judicial
Nominating Commission shall make the forfeited appointment
from the pool of nominees not later than March 1 of the year after
the year a federal decennial census is conducted. The Judicial
Nominating Commission shall strive for political balance and
fairness in making the appointment.
Sec. 6. (a) Not later than May 1 of the year following a year in
which a federal decennial census is conducted, the Secretary of
State shall convene the four (4) members of the redistricting
commission appointed under section 5 of this article.
(b) The four (4) redistricting commission members shall select
the fifth member of the redistricting commission from the pool of
nominees who are not affiliated with either of the two (2) major
political parties of Indiana. The individual selected under this
section serves as the redistricting commission's chair.
(c) If the four (4) members fail to select the fifth member of the
redistricting commission not later than fifteen (15) days after the
Secretary of State convenes the redistricting commission, the
Judicial Nominating Commission shall make the appointment,
striving for political balance and fairness.
(d) After the redistricting commission's chair is selected, the
redistricting commission may select one (1) of the remaining
members to be the vice chair.
(e) A member of the redistricting commission may be removed
from office for substantial neglect of duty, gross misconduct in
office, or inability to discharge the duties of office as provided by
law for the removal of other public officers.
Sec. 7. (a) If a vacancy occurs on the redistricting commission
in a position other than the redistricting commission's chair, the
current holder of the office that made the original appointment
shall appoint an individual from the pool to fill the vacancy. If the
current holder of the office that made the original appointment
fails to fill the vacancy not later than fourteen (14) days after the
vacancy occurs, the Judicial Nominating Commission shall fill the
vacancy from the pool of nominees. In filling the vacancy, the
Judicial Nominating Commission shall strive for political balance
and fairness.
(b) If a vacancy occurs in the position of the redistricting
commission's chair, the four (4) remaining redistricting
commission members shall fill the vacancy from the pool of
nominees who are not affiliated with either of the two (2) major
political parties of Indiana. If the four (4) remaining commission
members fail to fill a vacancy in the position of chair not later than
fourteen (14) days after the vacancy occurs, the Judicial
Nominating Commission shall fill the vacancy from the pool of
nominees who are not affiliated with either of the two (2) major
political parties of Indiana. In filling the vacancy, the Judicial
Nominating Commission shall strive for political balance and
fairness.
Sec. 8. (a) Three (3) redistricting commission members,
including the chair or vice chair, constitute a quorum.
(b) Three (3) or more affirmative votes are required for the
redistricting commission to take official action.
(c) If a quorum is present, the redistricting commission shall
conduct business in meetings open to the public. The redistricting
commission shall give not less than forty-eight (48) hours public
notice of its meetings.
Sec. 9. A redistricting commission member, during the
member's term of office and for three (3) years after leaving the
redistricting, commission may not serve in an Indiana public office
or as a paid lobbyist of the General Assembly.
Sec. 10. (a) A redistricting commission member's term of office
expires upon the appointment of the first member of the next
redistricting commission.
(b) The redistricting commission may not meet or incur
expenses after the redistricting plan is completed, except:
(1) if litigation or any government approval of the plan is
pending; or
(2) to revise districts if:
(A) required by court decisions; or
(B) the number of congressional or legislative districts is
changed.
Sec. 11. (a) The redistricting commission shall establish
congressional and legislative districts.
(b) The redistricting commission shall begin the redistricting
process for congressional and legislative districts by creation of
districts of equal population in a grid-like pattern across Indiana.
The redistricting commission shall then adjust the grid to
accommodate the following goals:
(1) Districts must comply with the United States Constitution
and other federal law relating to voting rights.
(2) Districts must have equal population, to the extent
practicable.
(3) Districts must be geographically compact and contiguous,
to the extent practicable.
(4) District boundaries must respect communities of interest,
to the extent practicable.
(5) District lines must use visible geographic features,
boundaries of political subdivisions, and undivided census
tracts, to the extent practicable.
(6) To the extent practicable, competitive districts should be
favored where to do so would create no significant detriment
to the other goals.
(7) Party registration and voting history data may not be used
in drawing maps but may be used to test a map for
compliance with this subsection.
(8) The places of residence of incumbents or candidates may
not be identified or considered.
(c) The redistricting commission shall advertise a draft map of
districts to the public for comment. The public comment period
may not be less than thirty (30) days.
(d) During the comment period, the House of Representatives or
the Senate, or both, may make recommendations to the
redistricting commission by means considered appropriate by
either or both houses. The redistricting commission shall consider
a recommendation from the House of Representatives or the
Senate, or both.
(e) After the comment period ends, the redistricting commission
shall establish final district boundaries.
(f) The redistricting commission shall certify to the Secretary of
State the establishment of congressional and legislative districts.
Sec. 12. (a) The redistricting commission has standing in legal
actions regarding the redistricting plan and the adequacy of
resources provided for the operation of the redistricting
commission.
(b) The redistricting commission has sole authority to select
attorneys to represent the redistricting commission and the people
of Indiana in the legal defense of a redistricting plan.
Sec. 13. The General Assembly shall provide by law for the
following:
(1) A method for determining political affiliation for purposes
of this article.
(2) Adequate funding for the redistricting commission.
(3) Other provisions to implement this article that are not
inconsistent with this article.
SECTION 3. THE CONSTITUTION OF THE STATE OF
INDIANA IS AMENDED BY STRIKING OUT ARTICLE 4,