Section 36-2-3-4 - Election of fiscal body; division of county into districts; single-member district criteria; recertification of districts; filing with circuit court clerk; time for filing(a) This subsection does not apply to the following counties: (1) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).(2) A county having a population of more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the system of county government as described in IC 36-2-2-4(c). The county executive shall, by ordinance, divide the county into four (4) single-member districts that comply with subsection (d). If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts. One (1) member of the fiscal body shall be elected by the voters of each of the four (4) districts. Three (3) at-large members of the fiscal body shall be elected by the voters of the whole county.
(b) This subsection applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). The county redistricting commission established under IC 36-2-2-4 shall divide the county into seven (7) single-member districts that comply with subsection (d). One (1) member of the fiscal body shall be elected by the voters of each of these seven (7) single-member districts.(c) This subsection applies to a county having a population of more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the system of county government described in IC 36-2-2-4(c). The fiscal body shall divide the county into nine (9) single-member districts that comply with subsection (d). Three (3) of these districts must be contained within each of the three (3) districts established under IC 36-2-2-4(c). One (1) member of the fiscal body shall be elected by the voters of each of these nine (9) single-member districts.(d) Single-member districts established under subsection (a), (b), or (c) must:(1) be compact and be composed of contiguous territory, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);(2) not cross precinct boundary lines;(3) contain, as nearly as possible, equal population; and(4) include whole townships, except when a division is clearly necessary to accomplish redistricting under this section.(e) Except as provided by subsection (f), a division under subsection (a), (b), or (c) shall be made only at times permitted under IC 3-5-10.(f) If the county executive, county redistricting commission, or county fiscal body determines that a division under subsection (e) is not required, the county executive, county redistricting commission, or county fiscal body shall adopt an ordinance recertifying that the districts as drawn comply with this section.(g) Each time there is a division under subsection (e) or a recertification under subsection (f), the county executive, county redistricting commission, or county fiscal 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 (e); 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: 17-1-24-2 part; 17-1-28-8 part.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.144; Acts 1981, P.L.17, SEC.10; Acts 1981, P.L.5, SEC.2; P.L.10-1988, SEC.237; P.L.13-1988, SEC.14; P.L.5-1989, SEC.88; P.L.12-1992, SEC.153; P.L.122-2000, SEC.21; P.L.230-2005, SEC.83; P.L.119-2012, SEC.182; P.L.271-2013, SEC.47; P.L.77-2014, SEC.17; P.L.278-2019, SEC.186; P.L.169-2022, SEC.12; P.L.104-2022, SEC.150; P.L.105-2022, SEC.37; P.L.201-2023, SEC.269; P.L.227-2023, SEC.142.