Amending Indiana's Constitution: A Guide To The Process

how to amend indiana constitution

The Indiana Constitution outlines a legislative process for making amendments. A simple majority vote is required in both the Indiana State Senate and the Indiana House of Representatives across two successive legislative sessions. This amounts to a minimum of 51 votes in the House of Representatives and 26 votes in the State Senate. Amendments do not require the governor's signature to be referred to the ballot. Once an amendment is passed, it is submitted to the electors of the State at the next general election. If a majority of the electors ratify the amendment, it becomes part of the Constitution.

Characteristics Values
Legislative process A simple majority vote is required during two successive legislative sessions for the Indiana State Legislature to place a constitutional amendment on the ballot.
Number of votes 51 votes in the Indiana House of Representatives and 26 votes in the Indiana State Senate.
Governor's signature Not required.
Voter education No formal process exists to inform voters of a constitutional amendment before they arrive in the election booth.
Number of amendments 45 times between 1851 and 2018.

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A simple majority vote is required in two successive legislative sessions

The Indiana Constitution provides for a legislative process to amend the constitution. A simple majority vote is required in two successive legislative sessions for the Indiana State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 51 votes in the Indiana House of Representatives and 26 votes in the Indiana State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Indiana State Senate and the House of Representatives in two successive legislative sessions with a general election between them. The Indiana Constitution requires a simple majority vote in two successive legislative sessions to amend the constitution. This means that a proposed amendment must pass through the state legislature twice, with an election occurring between the two votes, before it can be placed on the ballot for voters to decide on.

The process begins with the introduction of a joint resolution in one of the legislative chambers. If the joint resolution passes by a simple majority vote in the first chamber, it moves to the second chamber, where it must also receive a simple majority vote. Once a simple majority vote has been achieved in both chambers during the first legislative session, the process repeats in the next legislative session, with another simple majority vote required in each chamber. These votes do not need to be consecutive and can occur across multiple legislative sessions as long as they fall within the two successive legislative sessions.

Between these two legislative sessions, a general election must take place. This election serves as a checkpoint, allowing for a change in the composition of the legislature and providing a democratic check on the amendment process. The timing of this election helps ensure that the proposed amendment has enduring support from the people of Indiana, as expressed through their elected representatives.

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Amendments do not require the governor's signature to be referred to the ballot

The process of amending the Indiana Constitution is outlined in Article 16 of the constitution, which was last amended in 1998. It is worth noting that amendments to the Indiana Constitution do not require the governor's signature to be referred to the ballot.

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Indiana State Senate and the Indiana House of Representatives across two successive legislative sessions, with a general election falling between them. This amounts to a minimum of 51 votes in the Indiana House of Representatives and 26 votes in the Indiana State Senate, assuming no vacancies.

The Indiana Constitution outlines a legislative process to amend the constitution. The Indiana Legislative Council has historically published educational materials to inform voters of the reasons for and against the ratification of amendments. However, there is currently no formal process to inform voters of a constitutional amendment before they cast their votes.

The process of amending the constitution involves several steps. First, an amendment must be proposed and agreed upon by a majority in both branches of the General Assembly. The proposed amendment is then entered into the journals of each house. Following the next general election, the proposed amendment returns to the newly elected General Assembly, where it must be agreed upon by a majority in each house once again. At this point, the amendment is submitted to the electors of the state during the subsequent general election. If a majority of electors ratify the amendment, it becomes part of the Indiana Constitution.

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Amendments are proposed in either branch of the General Assembly

The Indiana Constitution provides for a legislative process to amend the constitution. Amendments can be proposed in either branch of the General Assembly. If the amendment is agreed upon by a majority of the members elected to each of the two houses, the proposed amendment is entered into their journals and referred to the General Assembly to be chosen at the next general election.

If the proposed amendment is agreed upon by a majority of all the members elected to each House in the next General Assembly, the amendment is then submitted to the electors of the State at the next general election. If a majority of the electors voting on the amendment ratify it, the amendment becomes part of the Constitution.

For example, in 2023, the General Assembly initiated a process to remove the state superintendent position from the list of potential successors to the governor. The resolution to amend the Constitution passed for the second time in 2023 and was presented to voters as Public Question #1 on the ballot in November 2024. The amendment was approved.

Another example is the amendment to remove the Superintendent of Public Instruction from the Gubernatorial Line of Succession, which was on the ballot in Indiana as a legislatively referred constitutional amendment on November 5, 2024. This amendment was also approved.

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The General Assembly submits the amendment to the electors of the State at the next general election

The process to amend Indiana's constitution is laid out in Article 16 of the Indiana Constitution. It requires a simple majority vote during two successive legislative sessions of the Indiana State Legislature for a constitutional amendment to be placed on the ballot. This amounts to a minimum of 51 votes in the Indiana House of Representatives and 26 votes in the Indiana State Senate. Amendments do not require the governor's signature to be referred to the ballot.

Once an amendment has been passed in two successive legislative sessions, it is then the duty of the General Assembly to submit the amendment to the electors of the State at the next general election. This step is crucial in the amendment process, as it gives the power to the people of Indiana to have the final say on any changes to their constitution.

Before the 1972 general election, the Indiana Legislative Council published a 17-page paper titled "Five Questions for Hoosier Voters." This paper discussed each of the five proposals up for ratification, presented the arguments for and against them, and set a high standard in voter education. However, since the 1980s, such educational efforts have become sparse, and there is currently no formal process to inform voters about constitutional amendments before they cast their votes.

In 2024, Indiana voters will see Public Question #1 on the ballot, which asks them to decide on an amendment to update the line of succession for the governor's office. This amendment was initiated by the General Assembly in 2022 to remove the now-abolished position of State Superintendent of Public Instruction from the line of succession. The amendment passed the General Assembly a second time in 2023 and now awaits voter approval to take effect.

The States' Vote for Amendments

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The amendment becomes part of the Constitution if ratified by a majority of electors

The Indiana Constitution outlines a detailed process for amending the document. Article 16 of the Indiana Constitution, which was last amended in 1998, details the procedures that must be followed to amend the constitution.

To amend the Indiana Constitution, a proposal must be introduced and passed in the state legislature. Specifically, a simple majority vote is required in both the Indiana State Senate and the Indiana House of Representatives during two successive legislative sessions, with a general election between them. This amounts to a minimum of 51 votes in the Indiana House of Representatives and 26 votes in the Indiana State Senate, assuming no vacancies.

Once the proposed amendment passes in the legislature, it is submitted to the electors of the state (voters) for ratification at the next general election. The amendment then becomes part of the Constitution if it is ratified by a majority of the electors.

For example, the "Indiana Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment" was introduced as House Joint Resolution 1 on January 9, 2023. It was passed in the House on January 31, 2023, with a vote of 99-0 and one member absent. The amendment then passed in the Senate on March 16, 2023, with a vote of 47-0 and three members absent. This amendment proposed removing the Superintendent of Public Instruction from the line of succession for the governor's office, as the position was abolished in 2021 and replaced by a secretary of education appointed by the governor. The amendment was on the ballot in Indiana as a legislatively referred constitutional amendment on November 5, 2024, and was approved by the voters.

It is worth noting that there is currently no formal process to inform voters of a constitutional amendment before they arrive at the election booth. However, in the past, legislative efforts have been made to educate voters about proposed amendments. For instance, before the 1972 general election, the Indiana Legislative Council published a 17-page paper titled "Five Questions for Hoosier Voters," which discussed each of the five proposals up for ratification and presented arguments for and against them.

Frequently asked questions

A simple majority vote is required during two successive legislative sessions for the Indiana State Legislature to place a constitutional amendment on the ballot. Amendments do not require the governor's signature to be referred to the ballot.

Article 16 of the Indiana Constitution outlines the procedures that must be followed to amend the constitution. An amendment may be proposed in either branch of the General Assembly. If the amendment is agreed upon by a majority of the members in each of the two houses, the proposed amendment is referred to the General Assembly to be chosen at the next general election. If the proposed amendment is agreed upon by a majority of all the members in each House, the General Assembly submits the amendment to the electors of the State at the next general election. If a majority of the electors ratify the amendment, it becomes part of the Constitution.

The Indiana Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment was on the ballot in Indiana as a legislatively referred constitutional amendment on November 5, 2024. It was approved and removed the superintendent of public instruction from the gubernatorial line of succession.

The elected position of state superintendent of public instruction was abolished in 2021 and replaced by the secretary of education, a position appointed by the governor. Since the position of superintendent of public instruction was no longer an elected position, it was removed from the line of succession to ensure that only an elected official can become governor.

Public Question #1 proposes removing the Superintendent of Public Instruction from the line of succession for the governor's office. This amendment passed the General Assembly with support from Republicans and Democrats, but it requires the approval of Hoosier voters to take effect.

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