SOURCE: IC 2-1.5; (07)IN1498.1.1. -->
SECTION 1. IC 2-1.5 IS ADDED TO THE INDIANA CODE AS A
ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
ARTICLE 1.5. REDISTRICTING GENERAL ASSEMBLY
AND CONGRESSIONAL DISTRICTS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
Sec. 2. "Agency" refers to the legislative services agency
established by IC 2-5-1.1-7.
Sec. 3. "Appointing authority" refers to any of the following:
(1) The speaker of the house of representatives.
(2) The minority leader of the house of representatives.
(3) The president pro tempore of the senate.
(4) The minority leader of the senate.
(5) The chief justice of the supreme court.
Sec. 4. "Bureau" refers to the United States Department of
Commerce, Bureau of the Census.
Sec. 5. "Census data" means the population data that the
Bureau is required to provide to the state under 13 U.S.C. 141.
Sec. 6. "Census year" refers to the year in which a federal
decennial census is conducted.
Sec. 7. "Commission" refers to the redistricting commission
established by IC 2-1.5-2.
Sec. 8. "Federal decennial census" refers to a federal decennial
census conducted under 13 U.S.C. 141.
Sec. 9. "House of representatives" refers to the house of
representatives of the general assembly.
Sec. 10. "Ideal district population" for a plan refers to the
number equal to the following quotient, rounded to the nearest
(1) The numerator is the population of Indiana as reported by
the most recent federal decennial census.
(2) The denominator is the number of districts required by
this article for the plan.
Sec. 11. (a) "Plan" refers to any of the following:
(1) A plan for districts for the house of representatives.
(2) A plan for districts for the senate.
(3) A plan for congressional districts.
(b) A plan includes maps and written descriptions of the maps
that define all the districts that a plan is required to have under
Sec. 12. "Political data" refers only to the following:
(1) Data relating to party registration.
(2) Data relating to voting history.
(3) Election returns.
Sec. 13. "Political subdivision" means a city, county, town, or
Sec. 14. "Redistricting year" refers to the year immediately
following a census year.
Sec. 15. "Senate" refers to the senate of the general assembly.
Chapter 2. Redistricting Commission
Sec. 1. A redistricting commission consisting of five (5) members
is established as provided in this chapter.
Sec. 2. Not later than January 15 of a redistricting year, each of
the appointing authorities shall do the following:
(1) Appoint one (1) individual to be a commission member.
(2) Certify to the executive director of the agency the
appointment of the individual to the commission.
Sec. 3. To be eligible to serve on the commission, an individual
must be a resident of Indiana.
Sec. 4. An individual may not serve on the commission if the
individual has been any of the following at any time less than six (6)
years before the individual's appointment to the commission:
(1) A member of the general assembly or the Congress of the
(2) A candidate for election to the general assembly or the
Congress of the United States.
(3) The holder of a state office (as defined in IC 3-5-2-48).
(4) An appointed public official.
(5) The chairman or treasurer of a candidate's committee of
a candidate for election to the general assembly or the
Congress of the United States required by IC 3-9-1 or federal
(6) An individual registered as a lobbyist under IC 2-7.
Sec. 5. (a) Before undertaking duties as a commission member,
an individual appointed under section 2 or 9 of this chapter must
do each of the following:
(1) Take an oath of office.
(2) Make an affirmation that the individual will:
(A) apply the provisions of this article in an honest and
independent manner; and
(B) uphold public confidence in the integrity of the
(3) Make a written pledge that the individual will not be a
(A) election to the general assembly; or
(B) selection to fill a vacancy in the general assembly;
at any time before the second election for members of the
general assembly after the individual's appointment to the
(b) A member's oath, affirmation, and pledge shall be filed with
Sec. 6. An individual serves as a commission member until the
earlier of the following:
(1) The individual vacates the individual's membership on the
(2) The appointment of a new commission under this chapter
following a federal decennial census.
Sec. 7. The commission member appointed by the chief justice
serves as the commission's chair.
Sec. 8. A commission member 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. 9. (a) If the position of commission chair becomes vacant,
the chief justice shall appoint an individual to fill the vacancy not
later than fifteen (15) days after the vacancy occurs.
(b) If a vacancy other than a vacancy described in subsection (a)
occurs on the commission, the leader of the caucus whose leader
appointed the member whose position is vacant shall appoint an
individual to fill the vacancy not later than fifteen (15) days after
the vacancy occurs.
Sec. 10. The affirmative vote of three (3) commission members
is necessary for the commission to take official action.
Sec. 11. Each commission member is entitled to receive the same
per diem, mileage, and travel allowances paid to members of the
general assembly serving on interim study committees established
by the legislative council.
Sec. 12. The agency shall provide the commission with staff and
Sec. 13. The amounts necessary to pay the expenses of the
commission and the agency to implement this article are
continuously appropriated to the agency from the state general
Chapter 3. Redistricting Procedure
Sec. 1. (a) Before January 1 of a redistricting year, the agency
shall acquire any hardware, software, and supplies necessary to
assist the commission in the performance of the commission's
duties under this article.
(b) At any time, the agency may acquire additional hardware,
software, and supplies that the executive director of the agency
considers necessary to assist the commission in performance of the
commission's duties under this article.
Sec. 2. Not later than March 15 of a redistricting year, the
commission's chair shall convene the commission to do the
(1) Organize the commission.
(2) Receive reports from the agency concerning the following:
(A) Information relating to the receipt of census data from
(B) The readiness of the agency to assist the commission's
(C) Any other matter requested by the commission.
(3) Provide initial instructions to the agency regarding the
(4) Schedule hearings required or permitted under section 5
of this chapter.
(5) Schedule other meetings the commission considers
(6) Schedule receipt of maps from the public.
Sec. 3. If the agency must make a decision for which no clearly
applicable provision of this article or instruction of the commission
provides an answer, the executive director of the agency shall
submit a written request to the commission for direction.
Sec. 4. (a) The agency shall do the following:
(1) Create maps of legislative district plans and congressional
district plans that conform to this article and the
(2) Prepare written descriptions of the maps created under
(3) Evaluate maps submitted by the public for conformance
with the standards described in IC 2-1.5-4.
(b) The agency shall produce as many different plans as the
(1) not earlier than May 1 of a redistricting year; and
(2) not later than May 15 of the redistricting year.
(c) The agency shall publish the maps and descriptions:
(1) prepared for the commission by the agency; and
(2) submitted to the commission from the public;
as directed by the commission not later than May 15 of a
Sec. 5. (a) As directed by the commission, the agency shall
receive for the commission written public comments regarding the
plans after publication of the plans.
(b) Not later than June 30 of a redistricting year, the
commission shall conduct at least one (1) public hearing in each of
the following regions of Indiana, as determined by the commission:
(1) Northern Indiana.
(2) Central Indiana.
(3) Southern Indiana.
(c) The commission may hold hearings in addition to the
hearings required by subsection (b).
(d) The commission shall do the following at any hearings held
under this section:
(1) Explain the redistricting procedure.
(2) Present the plans prepared for the commission by the
(3) Have available the plans submitted by the public and the
agency's evaluation of those plans.
(4) Hear public comments and suggestions.
(e) The commission may take other actions the commission
considers appropriate to do the following:
(1) Explain the redistricting procedure or the plans to the
(2) Receive public comments and suggestions.
Sec. 6. (a) Not later than August 1 of a redistricting year, the
commission shall meet to adopt a report to the general assembly.
The report must include the following:
(1) A summary of the commission's and the agency's
preparation for the commission's work.
(2) A description of the hearings held under section 5 of this
(3) A summary of the public comments and suggestions
received in writing and at the hearings.
(4) The commission's recommendation to the general
assembly for each of the following:
(A) A district plan for the house of representatives.
(B) A district plan for the senate.
(C) A congressional district plan.
(5) Maps for each plan, including both a statewide map and a
map for each district.
(6) A bill that would enact each of the plans. This subdivision
applies only if the Constitution of the State of Indiana
requires the general assembly to establish legislative districts.
(b) The commission shall recommend to the general assembly
the plan that the commission considers the best in meeting the
standards set forth in IC 2-1.5-4.
(c) The commission may include any other information in the
report that the commission considers useful to explain the
commission's work or recommendations.
(d) The report required by this section must be submitted to the
legislative council in an electronic format under IC 5-14-6.
Sec. 7. (a) This section does not apply if the Constitution of the
State of Indiana requires the general assembly to establish
(b) The agency shall file the commission's report under section
6 of this chapter with the secretary of state not later than August
15 of a redistricting year.
(c) The commission's recommendations become the plans for the
districts for the house of representatives, for the senate, and for
congressional districts, beginning with the first general election
held after the redistricting year.
Chapter 4. Redistricting Standards
Sec. 1. Districts created for the house of representatives, the
senate, and the United States House of Representatives must
comply with the standards of this chapter.
Sec. 2. (a) A plan for house of representatives districts must
provide for one hundred (100) districts.
(b) A plan for senate districts must provide for fifty (50)
(c) A plan for congressional districts must provide for as many
districts as are allocated to Indiana under 2 U.S.C. 2a.
Sec. 3. Districts shall be established on the basis of population.
Sec. 4. The population of a district of the house of
representatives or the senate may not deviate from the ideal
district population by more than one percent (1%) of the ideal
Sec. 5. (a) Districts must be composed of contiguous territory.
(b) Areas that meet only at the point of adjoining corners are
not considered contiguous.
Sec. 6. (a) Districts must be as compact as possible.
(b) The compactness of a district shall be measured by
determining the total length of the boundary of the district.
(c) Compactness of a plan shall be measured by adding the
compactness measures of all the districts in the plan as determined
under subsection (b).
(d) A plan is considered more compact than another plan if the
compactness measure of the plan is less than the compactness
measure of the other plan.
Sec. 7. Districts must not breach precinct boundaries.
Sec. 8. To the extent possible consistent with sections 2 through
6 of this chapter, district boundaries of general assembly districts
must coincide with the boundaries of Indiana political subdivisions
(1) The commission shall minimize the number of counties
and cities divided among more than one (1) district.
(2) Except as provided in subdivision (3), if there is a choice
between political subdivisions to be divided, a more populous
political subdivision shall be divided before a less populous
political subdivision is divided.
(3) Subdivision (2) does not apply to a legislative district
boundary drawn along a county line that passes through a
municipality that lies in more than one (1) county.
Sec. 9. In evaluating plans for recommendation, the commission
shall consider the effect that a plan has on language and racial
Chapter 5. Offenses
Sec. 1. A person:
(1) employed by the agency; or
(2) working under a contract with the agency;
who knowingly or intentionally uses political data in the creation
or evaluation of a plan under this article commits corrupt
redistricting, a Class D felony.
Sec. 2. A person who knowingly or intentionally solicits, aids,
induces, or causes a person:
(1) employed by the agency; or
(2) working under a contract with the agency;
to use political data in the creation or evaluation of a plan under
this article commits solicitation of corrupt redistricting, a Class D
SOURCE: IC 2-2.1-1-2.7; (07)IN1498.1.2. -->
SECTION 2. IC 2-2.1-1-2.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 2.7. (a) This section applies only if the Constitution of
the State of Indiana requires the general assembly to establish
(b) The definitions in IC 2-1.5-1 apply throughout this section.
(c) Before October 1 of a redistricting year, the general
assembly shall convene and enact bills to establish the following:
(1) House of representatives districts.
(2) Senate districts.
(3) Congressional districts.
(d) A bill to enact a redistricting plan recommended by the
redistricting commission under IC 2-1.5-3 must be introduced in
and considered by each house of the general assembly, without
amendment, except amendments of a technical nature.
(e) Unless the general assembly enacts bills described in
subsection (c) at:
(1) a session convened under another section of this chapter;
(2) a special session called by the governor;
the general assembly may not consider a matter that is not relevant
to the legislation described in subsection (c) during a session
convened under this section.
SOURCE: IC 3-8-2-8; (07)IN1498.1.3. -->
SECTION 3. IC 3-8-2-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 8. (a) A declaration of candidacy
for the office of United States Senator or for the office of governor
must be accompanied by a petition signed by at least four thousand five
hundred (4,500) voters of the state, including at least five hundred
(500) voters from each congressional district.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner.
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has
been adopted under
IC 3-3; IC 2-1.5; and
(2) ending on the date that
the part of the act or order issued under
IC 3-3-2 establishing the previous congressional district plan is
repealed or superseded.
The petition must be signed by at least four thousand five hundred
(4,500) voters of Indiana, including at least five hundred (500) voters
from each congressional district created by the most recent
congressional district plan adopted under
IC 3-3. IC 2-1.5.