South Bend sues state over 'unconstitutional' election law that applies to only 3 counties

SOUTH BEND — The city of South Bend on Friday filed a lawsuit seeking to overturn a special state law that officials say leads to unfair representation in county government.

Indiana law treats St. Joseph County and only two others, Lake and Marion, differently from the state's 89 other counties in arranging a county's governing bodies. The special law for St. Joseph County violates the Indiana Constitution and leads to underrepresentation of South Bend and Mishawaka residents, the city argues in its suit against the Indiana Election Commission.

How do the laws differ?

In almost every county, Indiana law dictates that three commissioners and three councilors are elected by and represent all of the county's residents. Four other councilors are elected to represent four distinct districts within the county.

In St. Joseph County, the setup determined by state law differs. The three commissioners are elected by residents in three discrete districts. The nine county councilors are also elected by voters living in nine separate districts.

More:St. Joseph County commissioners approve new election maps to help settle lawsuit

Why does the city think it's unfair?

South Bend Mayor James Mueller told The Tribune the unusual law means county officials aren't beholden to an "electoral imperative to take into account what's good for the entire county." He added that a three-headed executive body is needlessly complex and inefficient.

When commissioners are bound to represent only their district, it's unfair to voters packed more densely into districts comprising urban areas, Mueller said.

That logic applies in St. Joseph County. District 2, represented by Republican Derek Dieter, contains most of South Bend and appears likely to skew Democratic in future elections. But the other two are solidly Republican.

The contours of St. Joseph County's districts were at the center of legal action following the 2020 census, when the county drew new district maps. Mueller called the new districts an instance of gerrymandering that made countywide representation more unequal.

The Democrat-controlled St. Joseph County Council sued the three Republican county commissioners over an initial redistricting plan passed in November 2021. Commissioners revised and passed a set of election maps five months later as part of an agreement to settle the lawsuit.

More:Here's how much St. Joseph County officials' redistricting dispute cost taxpayers

Mueller contrasted the county's unusual setup with city government. The mayor is elected by and represents every South Bend resident, as do three at-large members of the city's common council. Six other councilors represent separate districts.

"If you were to apply this to the city, if there were a three-headed mayor and you had to split up the city in three ways," he told The Tribune Friday, "I think you could see not being able to take into account the entire city's interest."

Legal fees for the city's lawsuit will be a small fraction of the $300,000 spent in the legal battle over redistricting, Mueller said. He would not cite an exact figure, however.

What changes does the city seek?

Mueller noted that county commissioners would still have to live in three distinct legislative districts, as they do in the 89 counties where Indiana's general law applies. Otherwise, politicians from one area of town could exert inordinate power.

But if the city wins its request for injunctive relief, every voter would have a role in choosing all three commissioners and a majority of the seven-member county council. A voter would select the councilor in his or her district and choose among candidates for three at-large positions.

The lawsuit cites Article 4, Section 22 of the state constitution, which says, "the General Assembly shall not pass local or special laws … regulating the election of county and township officers." A subsequent section says, "in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State."

In Lake County, state law also creates three discrete commissioners' districts. Seven councilors represent respective portions of the county.

Since 1970, Marion County and Indianapolis have operated as a merged city-county government called UniGov.

Mueller noted a recommendation for only one county executive and a host of other local government reforms suggested in the Kernan-Shepard Report, co-authored in 2007 by former South Bend Mayor and Indiana Gov. Joe Kernan.

Most of the suggestions have gone unheeded by state legislators, Mueller said.

Email South Bend Tribune city reporter Jordan Smith at JTsmith@gannett.com. Follow him on Twitter: @jordantsmith09

This article originally appeared on South Bend Tribune: South Bend sues Indiana over law that arranges county government