2014 Indiana Code TITLE 2. GENERAL ASSEMBLY ARTICLE 1. LEGISLATIVE APPORTIONMENT CHAPTER 9. GENERAL PROVISIONS RELATING TO ESTABLISHING LEGISLATIVE DISTRICTS
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IC 2-1-9
Chapter 9. General Provisions Relating to Establishing
Legislative Districts
IC 2-1-9-1
Terms and references to geographic units
Sec. 1. All terms and references to geographic units made in the
descriptions of districts in this article:
(1) have the same meanings as the terms have when used by the
United States Department of Commerce, Bureau of the Census,
in reporting the 2010 decennial census of Indiana as
supplemented by geographic information compiled and
documented by the legislative services agency; and
(2) describe the same geographical boundaries as depicted by
maps included in the GIS.
As added by P.L.212-2001, SEC.1. Amended by P.L.214-2011,
SEC.1.
IC 2-1-9-2
"District"
Sec. 2. (a) This subsection applies before November 6, 2012. As
used in this chapter, "district" refers to a district described in
IC 2-1-10 or IC 2-1-11.
(b) This subsection applies after November 5, 2012. As used in
this chapter, "district" refers to a district described in IC 2-1-12 or
IC 2-1-13.
As added by P.L.212-2001, SEC.1. Amended by P.L.6-2012, SEC.2.
IC 2-1-9-3
"GIS"
Sec. 3. As used in this chapter, "GIS" refers to the geographic
information system maintained by the office that contains the
following information:
(1) Geographic and population information provided in the
official census report to the state by the United States
Department of Commerce, Bureau of the Census, in reporting
the 2010 decennial census of Indiana.
(2) Election history and supplemental geographic information
compiled by the legislative services agency.
As added by P.L.212-2001, SEC.1. Amended by P.L.214-2011,
SEC.2.
IC 2-1-9-4
"House district"
Sec. 4. As used in this chapter, "house district" refers to a district
of the house of representatives of the general assembly described in
IC 2-1-12.
As added by P.L.212-2001, SEC.1. Amended by P.L.214-2011,
SEC.3.
IC 2-1-9-5
"Office"
Sec. 5. As used in this chapter, "office" refers to the office of
census data of the legislative services agency.
As added by P.L.212-2001, SEC.1.
IC 2-1-9-6
"Senate district"
Sec. 6. As used in this chapter, "senate district" refers to a district
of the senate of the general assembly described in IC 2-1-13.
As added by P.L.212-2001, SEC.1. Amended by P.L.214-2011,
SEC.4.
IC 2-1-9-7
Resolution of inconsistent inclusions in house or senate districts
Sec. 7. (a) Any part of Indiana that has not been described as
included in a house or senate district is included within the house or
senate district that:
(1) is contiguous to the part; and
(2) contains the least population of all house or senate districts
contiguous to that part according to the 2010 decennial census
of Indiana.
(b) If any part of Indiana is described as being in more than one
(1) house or senate district, the part is included within the house or
senate district that:
(1) is one (1) of the house or senate districts in which the part
is listed in IC 2-1-12 or IC 2-1-13, whichever is applicable;
(2) is contiguous to the part; and
(3) contains the least population according to the 2000
decennial census of Indiana.
(c) If any part of Indiana:
(1) is described in IC 2-1-12 or IC 2-1-13 as being in one (1)
house or senate district; and
(2) entirely surrounded by another house or senate district;
the part shall be incorporated into the house or senate district that
surrounds the part.
(d) If any part of Indiana:
(1) is described as being in one (1) house or senate district; and
(2) is not contiguous to another part of the house or senate
district that contains the majority of the population in the house
or senate district;
the part is included with the contiguous house or senate district that
contains the least population according to the 2010 decennial census
of Indiana.
As added by P.L.212-2001, SEC.1. Amended by P.L.214-2011,
SEC.5.
IC 2-1-9-7.5
Treatment of geographic slivers
Sec. 7.5. (a) As used in this section, "geographic sliver" means a
polygon contained in the GIS resulting from the overlay of an
existing geographic data set onto a more recent version of that
geographic data set.
(b) A geographic sliver is considered to be included in the
description of the larger unit of geography to which the geographic
sliver belongs within the same geographic data set.
(c) If this article provides that a district includes a unit of
geography in Indiana, that district contains any geographic slivers
included in that unit of geography under subsection (b).
As added by P.L.37-2002, SEC.1.
IC 2-1-9-8
Number of house districts
Sec. 8. Indiana is divided into one hundred (100) house districts
as described in IC 2-1-12. From each of these districts there shall be
elected one (1) representative of the house of representatives of the
Indiana general assembly.
As added by P.L.212-2001, SEC.1. Amended by P.L.214-2011,
SEC.6.
IC 2-1-9-9
Number of senate districts; effect of redistricting on senators
elected in 2010
Sec. 9. (a) Indiana is divided into fifty (50) senate districts as
described in IC 2-1-13. From each of these districts there shall be
elected one (1) senator of the senate of the Indiana general assembly.
(b) Each senator elected in the general election in 2010 for a full
four (4) year term shall continue to hold office until the term for
which the senator was elected has expired by limitation, and the
senator shall represent the district established under IC 2-1-13 in
which the senator's legal residence is located.
As added by P.L.212-2001, SEC.1. Amended by P.L.37-2002, SEC.2;
P.L.214-2011, SEC.7.
IC 2-1-9-10
Maintenance of census descriptions and maps
Sec. 10. The legislative services agency shall separately maintain
and preserve in the GIS the descriptions and maps included in the
2010 decennial census of Indiana. The legislative services agency
shall make those descriptions and maps available for public
inspection during regular office hours and on the Internet.
As added by P.L.212-2001, SEC.1. Amended by P.L.214-2011,
SEC.8.
IC 2-1-9-11
Incorporation of census report and documents
Sec. 11. The official report and all official documents relating to
the report of the 2010 decennial census are incorporated by reference
into this article.
As added by P.L.212-2001, SEC.1. Amended by P.L.214-2011,
SEC.9.
IC 2-1-9-12
Office modifications to GIS
Sec. 12. The office shall make modifications in the GIS necessary
to conform the GIS to the rules stated in section 7 and section 7.5 of
this chapter.
As added by P.L.37-2002, SEC.3.
IC 2-1-9-13
Severability of redistricting acts; redistricting state legislative
function; curing any invalidity by general assembly preferred;
legal defense of redistricting plan
Sec. 13. (a) As used in this section, "redistricting act" refers to
any act that enacted IC 2-1-12, IC 2-1-13, or both of those statutes.
(b) The provisions of a redistricting act are severable as provided
in IC 1-1-1-8(b).
(c) If:
(1) any portion of a redistricting act, including any district; or
(2) application of any portion of a redistricting act to any person
or circumstance;
is found to be invalid by a court, the invalidity does not affect the
remaining portions or applications of the redistricting act, including
the remaining districts, that can be given effect without the invalid
portions, applications, or districts.
(d) Redistricting is a state legislative function under both the
Constitution of the State of Indiana and the Constitution of the
United States. Therefore, if a redistricting act or any portion of a
redistricting act is found invalid by a court, the general assembly
expresses its preference that any court that finds the invalidity give
the general assembly the opportunity to cure the invalidity before the
court mandates its own remedial plan. The opportunity to cure is
without prejudice to the right of either house of the general assembly
to seek further appeal of any such court action.
(e) The general assembly reserves the right to replace any
redistricting plan mandated by a court immediately, if in session or,
if not in session, in a special session or the next regular session,
whichever comes first.
(f) In any court proceeding challenging a redistricting plan of the
general assembly each of the Indiana house of representatives or the
Indiana senate may:
(1) take independent legal positions in the proceeding; and
(2) hire independent legal counsel to represent their respective
legal positions.
The speaker of the house of representatives shall determine the legal
position taken by the house of representatives. The president pro
tempore of the senate shall determine the legal position taken by the
senate.
As added by P.L.214-2011, SEC.10. Amended by P.L.6-2012, SEC.3.
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