Indiana § 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

§ 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

Sec. 4.1. (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.