Redistricting and Reprecincting Guide for County Election Officials

1. 2011 Election Administrators Conference A Redistricting Guide for County Election Officials

2. Redistricting and Reprecincting Let’s Start with Definitions • Election Districts: Election districts determine what offices a voter may vote for and establishes the residence qualification of candidates for office • Examples: Congressional, state legislative, county council, city and town • Precincts: Areas established for election purposes • Annexation: A legal process whereby a city or town expands its boundaries

3. Redistricting and Reprecincting Who Establishes Election Districts? • General Assembly must establish new congressional districts and new state legislative districts (Indiana Senate and Indiana House) in 2011 as a result of the 2010 census • County Commissioners establish county commissioner and county council districts in 2011 • Cities and towns must establish their own election districts in 2012

4. ...to this If congressional maps go from this...

5. Or Indiana House Maps go from this... ...to this

6. Redistricting and Reprecincting • It may change the congressional district or state legislative districts in your counties • New precincts may have to be established • A precinct may not cross a congressional or state legislative district line • Voter registration records will have to be altered to reflect any change in a voter’s election districts and precincts • Other district changes may also require changes in precincts and voter records

7. Redistricting and Reprecincting County Council Redistricting • 4 single-member districts/ 3 at-large seats • Single member districts are established by Co. Commissioner Ordinance (IC 36-2-3-4; IC 36-2-3-4.7) • Districts must be “compact” subject only to natural boundaries (roadways, railroads, waterways etc.) • Districts must contain, as nearly as possible, equal population • District boundaries must not cross a precinct boundary • Districts must include whole townships, except when division is clearly necessary to accomplishing redistricting

8. Redistricting and Reprecincting • Lake Co. and St. Joseph County have special provisions

9. Redistricting and Reprecincting County Commissioner Statutes • 3 districts are established by Co. Commissioner Ordinance(IC 36-2-2-4 and 36-2-2-4.7) • Districts must contain “contiguous” territory • Districts must be reasonably “compact” • District boundaries must not cross precinct boundary lines and must divide townships only when a division is clearly necessary to accomplish redistricting • (IC 36-2-2-4)

10. Redistricting and Reprecincting • Lake Co. and St. Joseph County have special provisions

11. Redistricting and Reprecincting District Descriptions in Ordinances • Previously adopted ordinance establishing districts remains in effect for the purpose of filling a vacancy in office until the expiration of the term of that office • A reference in the ordinance to an existing boundary (a precinct, for example) refers to the precinct as it existed on the date of adoption of the ordinance. A change in the precinct boundary after adoption of the ordinance does not alter the boundaries of the election districts established by the ordinance (IC 36-1-6-10)

12. Redistricting and Reprecincting • Additional Definition • Contiguous:A district may not be divided into two or more pieces by another district.

13. Redistricting and Reprecincting Each of these districts is contiguous

14. Redistricting and Reprecincting The light-colored district 2 is not contiguous- It is separated by district 3 . 2 2 3

15. Redistricting and Reprecincting Additional Definition Compact:How tightly packed or spread out is the district? Does the district have jagged borders?

16. Redistricting and Reprecincting These districts are all fairly compact

17. Redistricting and Reprecincting The green-colored district 2 is long and spread out and has many jagged edges- It is not compact. District 2

18. Redistricting and Reprecincting • Equal Population: The standard measure is total population deviation • Total Population  Number of Districts = Ideal Population • Highest District – Lowest District = Total Population Deviation • Total Population Deviation  Ideal Population = Percent of Total Population Deviation • 10% is only a general guideline - “good faith” may be required Vigo County Republican Central Committee v. Vigo County, 834 F.Supp. 1080 (S.D. Ind. 1993)

19. Redistricting and Reprecincting Example • 999 Total Population  3 Districts = 333 Ideal Population • 3 existing districts of 280, 350 and 370 • 370 (Highest District) – 280 (Lowest District) = 90 Total Population Deviation • 90 (Total Population Deviation)  333 (Ideal Population) = 27% (Total Population Deviation)

20. Redistricting and Reprecincting Census Population Data • To aid in equalizing population you need to obtain census population data (not registered voters) and relate it to geography • Population Data may be obtained directly from the census, state library or local library • Population Data in electronic format may be loaded directly into census blocks in GIS format • U.S. Census Bureau will release block level data starting February, 2011

21. Redistricting and Reprecincting Sample census block map in one precinct 1 180459576003028

22. Redistricting and Reprecincting Sample block report with population data

23. Redistricting and Reprecincting Other Redistricting Factors • Communities of interest: recognizable area with similarities of interest (racial, ethnic, geographic, social, cultural, governmental) • Voting Rights Act: Minority “packing” or “stacking”- redistricting with the intent and/or having the effect of dispersing or concentrating minority population in a manner that dilutes minority representation

24. Redistricting and Reprecincting Reprecincting • Some changes to precincts may be required by law if new election districts split precincts • A precinct may not cross a congressional, state senate or state house district boundary • If the 2011 redistricting of these boundaries split your precincts, then you will be required to establish new precinct to avoid the split • A county will be required to modify voter registrations to account for district & precinct changes

25. Redistricting and Reprecincting Who Establishes Precincts? • Precincts are established by the following people: • The County Commissioners and • The Indiana Election Division (IED) and, in some cases, the Indiana Election Commission

26. Redistricting and Reprecincting What is the Process for Establishing Precincts? • The County Commissioners propose a precinct establishment order • IED must approve precincts after staff and Office of Census Data (OCD) review • Indiana Election Commission (IEC) will determine whether to approve precincts if a county voter files a timely objection after IED approval is published by the County • IEC may approve precinct changes if there is not sufficient time for a 10 day objection period

27. Redistricting and Reprecincting What is the Process for Establishing Precincts? • Establishing precincts requires the proper paperwork • Order from the County Commissioners • Completed IEC-8s describing precinct changes • At some point precinct GIS “shape files” are laid over census “Tiger Files” that allow census block listing to be printed for each precinct

28. Redistricting and Reprecincting What is the Process for Establishing Precincts? • Establishing precincts involves several steps but the IED can help with sample forms and technical assistance • IED will assign a precinct coordinator (Lori or Ryan) to help guide a county through the process • IED will issue memos along the way (For example, IED will provide specific instructions upon approval of precincts regarding follow-up procedures)

29. Redistricting and Reprecincting Are Any Precincts Changes Automatic? • Precincts may not be established by any other people or by any other process • Precinct boundaries are not “automatically” altered when the General Assembly or a county, municipality, or school district establishes new election districts • Precincts are not “automatically” altered when a city or town annexes new territory

30. Redistricting and Reprecincting Precinct Technical Standards • Active Voter limits (IC 3-11-1.5) • When establishing precincts your precincts MUST follow these boundaries and may NEVER cross these boundaries: • No precinct may cross a congressional, state legislative or township boundary • No precinct may cross the state boundary or a county boundary or a township boundary

31. Redistricting and Reprecincting Precinct Technical Standards • When not following mandatory boundaries, precincts must follow at least one of the following: • Census block boundary (small areas of land created by census bureau for census purposes) • City or town boundary, such as council districts • School corporation boundary • A Precinct is not required to follow a city or town boundary if it follows another boundary listed (census block, for example)

32. Redistricting and Reprecincting Related Topic: Municipal Annexation • A city or town may annex unincorporated territory at any time by adopting an ordinance • In general, an annexation is final 90 days after legal publication of the ordinance, if no court challenge (remonstrance) is filed • If remonstrance is filed, the court will determine if and when annexation is final (IC 36-4-3-11) • Annexation ordinances must be filed with the circuit court clerk and board of registration (IC 36-4-3-22)

33. Redistricting and Reprecincting Municipal Annexation • Annexation ordinance must assign annexed area to council district in a city or town (if any) • Voters in annexed area are eligible to vote in city or town elections once the annexation is final (IC 3-11-1.5-33) • However, an annexation by a city or town does not “automatically” change any of your precincts • Remember- Only county commissioners and IED or IEC can change precinct boundaries

34. Redistricting and Reprecincting Impact of Municipal Annexation on Elections • Your county may consider changing precincts in response to an annexation to help with administering elections for annexed city or town but county is not legally required to change precincts • Either way, an annexation will change the way a county administers the election for the city or town because the annexed voters are entitled to a city or town ballot

35. Redistricting and Reprecincting Covington Precinct 6 Annexation

36. Redistricting and Reprecincting Impact of Municipal Annexation on Elections • The registration record of annexed voters must be amended in SVRS when annexation is final to show that the voter is entitled to a city or town ballot • If this impacts 2011 election consider: • Changing precinct (if open period); OR • Administering as a “split-precinct” with pollbook that identifies city or town voters

37. Redistricting and Reprecincting Precinct Freezes • When can you change precinct lines? Technically, at any time. But the EFFECTIVE DATE must not be during a “precinct freeze” • 2011: Freeze starts Feb 1, 2011 and ends November 9, 2011 for precincts in cities and towns only • Precincts outside of cities and towns are not frozen in 2011 • If redistricting forces your county to reprecinct then a reprecinting plan should be developed in 2011

38. Redistricting and Reprecincting 2012 is NOT the End of the World…. …except in Hollywood. • In 2012 we will conduct the first elections held after state and county level redistricting; there will be a lot of cleanup • Some disasters can be anticipated: ballot distribution or candidate filing errors due to district changes • Best advice for now is to get the most accurate precinct maps together that you can and, if you have a GIS department, make friends with them