Indiana Code 36-3-4-3. City-county legislative body; division of county into districts; composition of body; election; petition for division of county
(1) are compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);
Terms Used In Indiana Code 36-3-4-3
- 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.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
- Venue: The geographical location in which a case is tried.
(3) do not cross precinct boundary lines.
Except as provided by subsection (f), this division shall be made only at times permitted under IC 3-5-10.
(b) The legislative body is composed of twenty-five (25) members elected from the districts established under subsection (a).
(c) Each voter of the county may vote for one (1) candidate from the district in which the voter resides.
(d) If the legislative body fails to make the division before the date prescribed by subsection (a) or the division is alleged to violate subsection (a) or other law, a taxpayer or registered voter of the county may petition the superior court of the county to hear and determine the matter. The court shall hear and determine the matter as a five (5) member panel of judges from the superior court. The clerk of the court shall select the judges electronically and randomly. The clerk shall maintain a record of the method and process used to select the judges and shall make the record available for public inspection and copying. Not more than three (3) members of the five (5) member panel of judges may be of the same political party. The first judge selected shall maintain the case file and preside over the proceedings. There may not be a change of venue from the court or from the county. The court may appoint a master to assist in its determination and may draw proper district boundaries if necessary. An appeal from the court’s judgment must be taken within thirty (30) days, directly to the supreme court, in the same manner as appeals from other actions.
(e) An election of the legislative body held under the ordinance or court judgment determining districts that is in effect on the date of the election is valid, regardless of whether the ordinance or judgment is later determined to be invalid.
(f) 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.
(g) Each time there is a division under subsection (a) or a recertification under subsection (f), the legislative body shall file with the circuit court clerk of the county, not later than thirty (30) days after the division or recertification occurs, a map of the district boundaries:
(1) adopted under subsection (a); or
(2) recertified under subsection (f).
(h) 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.
(i) IC 3-5-10 applies to a plan established under this section.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-3-6 part; 18-4-3-8; subsection (b) formerly 18-4-3-6 part; 18-2-1-4 part; subsection (c) formerly 18-4-3-6 part; subsection (d) formerly 18-4-3-9 part; subsection (e) formerly 18-4-3-9 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980, P.L.213, SEC.2; P.L.346-1983, SEC.2; P.L.5-1986, SEC.41; P.L.13-1988, SEC.15; P.L.230-2005, SEC.84; P.L.141-2007, SEC.2; P.L.266-2013, SEC.8; P.L.271-2013, SEC.48; P.L.2-2014, SEC.118; P.L.169-2022, SEC.14.