Malcolm Rivera
Indiana voters will have the rare opportunity to amend the state's constitution this fall. The amendment in question would remove the state superintendent of public instruction from the list of officeholders who will discharge the powers and duties of the governor if the office of the governor and lieutenant governor are both vacant. The position of state superintendent of public instruction was abolished in 2021 and replaced by the secretary of education, an appointed position. This amendment has already been passed by two separately elected legislatures and now requires the approval of a majority of voters to be ratified.
| Characteristics | Values |
|---|---|
| Amendment Proposal | Remove the state superintendent of public instruction from the list of officeholders who shall discharge the powers and duties of the governor if the office of the governor and lieutenant governor are both vacant |
| Amendment Process | Requires passage of the amendment by two separate and consecutive Indiana General Assemblies, with a statewide election between them |
| Voter Information | No formal process exists to inform voters of a constitutional amendment before they arrive in the election booth |
| Amendment History | The amendment passed for the first time in 2022, before passing for a second time in 2023; it was approved in the 2024 election |
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What You'll Learn
Removing the state superintendent of public instruction from the line of succession for the governor's office
The Indiana Constitution is up for amendment this year, with the state superintendent of public instruction being removed 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, an appointed position. The governor selects the secretary of education in the same way that other agency and department heads are appointed.
The superintendent of public instruction was sixth in line to take over as governor of Indiana if the governor and lieutenant governor were to vacate their roles. However, this position was added to the line of succession when it was an elected position. Since Indiana no longer elects a state superintendent of public instruction, and the position no longer exists, Public Question #1 proposes removing this office from the line of succession for the governor's office.
State Sen. Jeff Raatz, who sponsored the amendment in the state senate, said:
> "The superintendent of public instruction is sixth in line to take over as the governor of Indiana if the elected governor and lieutenant governor vacate their roles; however, this position was added to the line of succession when it was an elected position."
In 2019, the Indiana State Legislature passed and Governor Eric Holcomb signed a bill providing for an appointed position of Secretary of Education, replacing the elected position of state superintendent of public instruction. Holcomb appointed Secretary of Education Katie Jenner, who assumed the position on January 11, 2021.
The process to amend the Constitution requires the approval of Hoosier voters. The amendment was introduced as House Joint Resolution 1 on January 9, 2023, and passed in the House on January 31, 2023, in a vote of 99-0 with one member absent. It was passed in the Senate on March 16, 2023, in a vote of 47-0 with three members absent. The amendment was on the ballot in Indiana as a legislatively referred constitutional amendment on November 5, 2024, and was approved.
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The process of amending the constitution
The process of amending the Indiana Constitution is a well-defined procedure that involves several steps. Firstly, an amendment can be proposed in either branch of the General Assembly, as outlined in Article 16, Section 1(a) of the Indiana Constitution. If the amendment receives support from a majority of members in both houses, it proceeds to the next step. The proposed amendment is then entered into the journals of each house, along with the yeas and nays, and referred to the General Assembly in the next general election.
In the next stage of the process, the proposed amendment returns to the General Assembly, where it requires approval from a majority of all the members elected to each house. At this point, the amendment is ready to be presented to the electors of the state during the subsequent general election. This step ensures that the citizens of Indiana have a direct say in the amendment process.
For an amendment to be ratified and become part of the Indiana Constitution, it must receive approval from a majority of electors voting on the amendment. This step is crucial as it empowers the people of Indiana to have the final decision on any changes to their constitution. Notably, if multiple amendments are presented simultaneously, electors vote on each amendment separately.
While the process described above outlines the standard legislative route to amending the Indiana Constitution, it is worth noting that Indiana, unlike some other states, does not provide for a constitutional convention process. This means that amendments are primarily driven by the legislative branch, with citizens having the opportunity to approve or reject them through their votes.
In the specific case of the 2024 amendment to remove the superintendent of public instruction from the gubernatorial line of succession, the process began with the introduction of House Joint Resolution 3 in January 2022 and House Joint Resolution 1 in January 2023. The amendment passed with overwhelming support in both the House and the Senate in successive legislative sessions. As a result, it was placed on the ballot for the general election on November 5, 2024, where it was ultimately approved by the voters.
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The rarity of amending the constitution
The Constitution of Indiana is the highest body of state law in the US state of Indiana. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is subordinate only to the US Constitution and federal law.
Indiana's first constitution was created in 1816, after the US Congress had agreed to grant statehood to the former Indiana Territory. This constitution was never amended, although some of its provisions were criticised after its adoption. The present-day document, which went into effect on November 1, 1851, is the state's second constitution. It supersedes Indiana's 1816 constitution and has had numerous amendments since.
Amending the constitution is a rare occurrence. From 1996 through 2022, an average of between zero and one measure appeared on the ballot for even-year elections in Indiana. The number of measures appearing on the ballot from 1996 through 2022 ranged from zero to three. The Indiana Constitution has been amended 45 or 46 times since 1850. The most recent amendment was on November 5, 2024, when voters approved the "Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment."
There is currently no formal process to inform voters of constitutional questions before they arrive in the election booth. While there have been several efforts over the past 60 years to provide educational material to voters in advance of an election, attempts to institute a formal system by statute have failed.
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The role of the General Assembly
The Indiana Constitution grants the General Assembly the authority to propose amendments to the Constitution. An amendment proposed by the General Assembly must be agreed upon by a majority of the members elected to each of the two houses. If the amendment is approved, it is then referred to the General Assembly, which is chosen during the next general election. If the proposed amendment is again agreed upon by a majority of all the members elected to 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 a part of the Constitution.
The General Assembly also has the power to regulate the state's judiciary system by setting the size of the courts and the bounds of their districts. Additionally, the body has the authority to monitor the executive branch of the state government and limited power to regulate county governments within the state. The General Assembly also has the sole power to initiate the process to amend the state constitution.
Historically, the General Assembly has been the most powerful branch of the state government, dominating a relatively weak governor's office. While the governor's office has gained more power since the 1970s, the General Assembly retains the power to override the governor's veto by a simple majority vote in both houses. Bills passed by a supermajority automatically become law without requiring the governor's signature.
The General Assembly has a long history of shaping Indiana's laws and policies. Notable actions include establishing the state's first sales tax in 1962, passing the Indiana Civil Rights Bill in 1963, and legalizing horse racing in 1989. In 2022, the General Assembly initiated a process to remove the state superintendent position from the list of potential successors to the governor, which was approved by voters in the 2024 general election.
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The role of the Lieutenant Governor
The Lieutenant Governor of Indiana has two primary constitutional functions. Firstly, they serve as the president of the Indiana Senate, where they are permitted to debate on legislation, introduce legislation, and vote on matters to break ties. They also have partial control over what legislation will be considered and influence on the legislative calendar. Secondly, they serve as a successor to the governorship should it become vacant or act as governor if the governor is incapacitated. If the governor resigns, dies, or is impeached, tried, and convicted, the lieutenant governor becomes governor.
The Lieutenant Governor of Indiana has more statutory duties than almost any other such officeholder in the country. They run the Department of Agriculture and the Office of Community and Rural Affairs. They also oversee tourism and housing offices, including the Indiana Housing and Community Development Authority and the Indiana Destination Development Corporation. The Lieutenant Governor also has the power to appoint people to patronage positions, such as members of the Corn Marketing Council, the Main Street Council, Steel Advisory Commission, and the Indiana Film Commission.
The position of lieutenant governor was created with the adoption of the first Constitution of Indiana in August 1816. The position was retained and the current requirements established in the state's second and current constitution adopted in 1851. To become lieutenant governor, a candidate must have been a United States citizen and lived within Indiana for five consecutive years before the election. They must also be at least thirty years old when sworn into office and must not hold any federal office during their term.
In 2024, a constitutional amendment was passed to remove the superintendent of public instruction from the gubernatorial line of succession. This meant that if the governor and lieutenant governor both vacate their offices, the General Assembly must meet within 48 hours and elect an acting governor, who must belong to the same party as the governor and lieutenant governor.
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Frequently asked questions
The amendment concerns the governor's line of succession. It proposes removing the superintendent of public instruction from the line of succession for the governor's office.
The position of state superintendent of public instruction was abolished in 2021 and replaced by the secretary of education, a position appointed by the governor. The language listing the state superintendent in the line of succession is outdated and left over from the era when Indiana had an elected state superintendent.
From 1996 through 2022, an average of between zero and one measure appeared on the ballot for even-year elections in Indiana.
Amending the state constitution requires passage of the amendment by two separate and consecutively elected legislatures, meaning those two votes have to take place with a statewide election between them. Once this occurs, the amendment goes before voters for its final approval and ratification. A majority of voters must approve the amendment for it to be ratified.
