Indiana § 2-1-9-13 - Severability of redistricting acts; redistricting state legislative function; curing any invalidity by general assembly preferred; legal defense of redistricting plan

Full text of Indiana Indiana Code § 2-1-9-13 — Severability of redistricting acts; redistricting state legislative function; curing any invalidity by general assembly preferred; legal defense of redistricting plan, with citation guidance and answers to common questions.

§ 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 2-1-14 or IC 2-1-15, or both of those statutes.

(b) The provisions of a redistricting act are severable as provided in IC 1-1-1-8(b).

(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; P.L.221-2021, SEC.12.

IC 2-1-10Chapter 10. RepealedRepealed by P.L.214-2011, SEC.14.

IC 2-1-11Chapter 11. RepealedRepealed by P.L.214-2011, SEC.15.

IC 2-1-12Chapter 12. ExpiredAs added by P.L.214-2011, SEC.11. Expired 11-8-2022 by P.L.221-2021, SEC.13.

IC 2-1-12.5Chapter 12.5. ExpiredAs added by P.L.34-2012, SEC.1. Expired 11-8-2022 by P.L.221-2021, SEC.14.

IC 2-1-13Chapter 13. ExpiredAs added by P.L.214-2011, SEC.12. Expired 11-8-2022 by P.L.221-2021, SEC.15.

IC 2-1-14Chapter 14. House Districts; 2021 Plan

2-1-14-1House District 1 2-1-14-2House District 2 2-1-14-3House District 3 2-1-14-4House District 4 2-1-14-5House District 5 2-1-14-6House District 6 2-1-14-7House District 7 2-1-14-8House District 8 2-1-14-9House District 9 2-1-14-10House District 10 2-1-14-11House District 11 2-1-14-12House District 12 2-1-14-13House District 13 2-1-14-14House District 14 2-1-14-15House District 15 2-1-14-16House District 16 2-1-14-17House District 17 2-1-14-18House District 18 2-1-14-19House District 19 2-1-14-20House District 20 2-1-14-21House District 21 2-1-14-22House District 22 2-1-14-23House District 23 2-1-14-24House District 24 2-1-14-25House District 25 2-1-14-26House District 26 2-1-14-27House District 27 2-1-14-28House District 28 2-1-14-29House District 29 2-1-14-30House District 30 2-1-14-31House District 31 2-1-14-32House District 32 2-1-14-33House District 33 2-1-14-34House District 34 2-1-14-35House District 35 2-1-14-36House District 36 2-1-14-37House District 37 2-1-14-38House District 38 2-1-14-39House District 39 2-1-14-40House District 40 2-1-14-41House District 41 2-1-14-42House District 42 2-1-14-43House District 43 2-1-14-44House District 44 2-1-14-45House District 45 2-1-14-46House District 46 2-1-14-47House District 47 2-1-14-48House District 48 2-1-14-49House District 49 2-1-14-50House District 50 2-1-14-51House District 51 2-1-14-52House District 52 2-1-14-53House District 53 2-1-14-54House District 54 2-1-14-55House District 55 2-1-14-56House District 56 2-1-14-57House District 57 2-1-14-58House District 58 2-1-14-59House District 59 2-1-14-60House District 60 2-1-14-61House District 61 2-1-14-62House District 62 2-1-14-63House District 63 2-1-14-64House District 64 2-1-14-65House District 65 2-1-14-66House District 66 2-1-14-67House District 67 2-1-14-68House District 68 2-1-14-69House District 69 2-1-14-70House District 70 2-1-14-71House District 71 2-1-14-72House District 72 2-1-14-73House District 73 2-1-14-74House District 74 2-1-14-75House District 75 2-1-14-76House District 76 2-1-14-77House District 77 2-1-14-78House District 78 2-1-14-79House District 79 2-1-14-80House District 80 2-1-14-81House District 81 2-1-14-82House District 82 2-1-14-83House District 83 2-1-14-84House District 84 2-1-14-85House District 85 2-1-14-86House District 86 2-1-14-87House District 87 2-1-14-88House District 88 2-1-14-89House District 89 2-1-14-90House District 90 2-1-14-91House District 91 2-1-14-92House District 92 2-1-14-93House District 93 2-1-14-94House District 94 2-1-14-95House District 95 2-1-14-96House District 96 2-1-14-97House District 97 2-1-14-98House District 98 2-1-14-99House District 99 2-1-14-100House District 100

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 2-1-9-13

What does Indiana Code § 2-1-9-13 cover?

Section 2-1-9-13 ("Severability of redistricting acts; redistricting state legislative function; curing any invalidity by general assembly preferred; legal defense of redistricting plan") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Is this the official text of Indiana law?

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Sources & Verification

Official text of § 2-1-9-13 at the Indiana source

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.