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
(b) The provisions of a redistricting act are severable as provided in Ind. Code § 1-1-1-8(b).
Terms Used In Indiana Code 2-1-9-13
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- district: refers to a district described in Ind. See Indiana Code 2-1-9-2
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(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.