*SJ9616*
Introduced Version
SENATE JOINT
RESOLUTION No. _____
_____
DIGEST OF INTRODUCED RESOL UTION
Citations Affected: Article 4 of the Constitution of the State of
Indiana.
Synopsis: Ballot and initiative referendum. Provides that the people
of Indiana may propose and adopt amendments to the Constitution of
the State of Indiana and propose and enact statutes independent of the
general assembly through initiative. Provides that the people of Indiana
may approve or reject through referendum any statute or part of any
statute enacted by the general assembly. This proposed amendment has
not been previously agreed to by a general assembly.
Effective: This proposed amendment must be agreed to by two
consecutive general assemblies and ratified by a majority of the state's
voters voting on the question to be effective.
Taylor G
_______________________, read first time and referred to Committee on
20241623
2024 SJ 9616/DI 107 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the word
NEW will appear in that style type in the introductory clause of each SECTION that adds a
new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE JOINT
RESOLUTION
A JOINT RESOLUTION proposing an amendment to Article 4 of
the Constitution of the State of Indiana concerning elections.
Be it resolved by the General Assembly of the State of Indiana:
1 SECTION 1. The following amendment to the Constitution of the
2 State of Indiana is proposed and agreed to by this, the One Hundred
3 Twenty-Third General Assembly of the State of Indiana, and is referred
4 to the next General Assembly for reconsideration and agreement.
5 SECTION 2. ARTICLE 4, SECTION 1 OF THE CONSTITUTION
6 OF THE STATE OF INDIANA IS AMENDED TO READ AS
7 FOLLOWS: Section 1. (a) Except as otherwise provided in this
8 Constitution, the Legislative authority of the State shall be vested in
9 a General Assembly, which shall consist of a Senate and a House of
10 Representatives. The style of every law shall be: "Be it enacted by the
11 General Assembly of the State of Indiana"; and no law shall be enacted,
12 except by bill.
13 (b) The people reserve to themselves the power, independent of
2024 SJ 9616/DI 107 2
1 the General Assembly, to do the following:
2 (1) Propose statutes and amendments to the Constitution of
3 the State of Indiana.
4 (2) Adopt or reject their proposed statutes or amendments to
5 the Constitution of the State of Indiana by ballot.
6 (3) Approve or reject by ballot any statute, or section or part
7 of any statute, enacted by the General Assembly.
8 (c) The style of every statute enacted by the people shall be: "Be
9 it enacted by the People of the State of Indiana:". The style of
10 every statute enacted by the General Assembly shall be: "Be it
11 enacted by the People of the State of Indiana, through the General
12 Assembly:".
13 SECTION 3. ARTICLE 4 OF THE CONSTITUTION OF THE
14 STATE OF INDIANA IS AMENDED BY ADDING A NEW
15 SECTION TO READ AS FOLLOWS: Section 31. (a) As used in this
16 section, "measure" refers to either of the following:
17 (1) A statute.
18 (2) An amendment to the Constitution of the State of Indiana.
19 (b) The initiative is the power of the voters of Indiana to propose
20 a measure and to adopt or reject the proposed measure.
21 (c) A measure shall be submitted to the voters of Indiana if a
22 petition containing the text of the proposed measure is signed by
23 the number of Indiana voters equal to five percent (5%) of the total
24 number of votes cast for Secretary of State at the most recent
25 election for Secretary of State.
26 (d) All Indiana law not inconsistent with this section relating to
27 election petitions and elections for public questions applies to an
28 initiative.
29 SECTION 4. ARTICLE 4 OF THE CONSTITUTION OF THE
30 STATE OF INDIANA IS AMENDED BY ADDING A NEW
31 SECTION TO READ AS FOLLOWS: Section 32. (a) A referendum
32 is the power of the voters of Indiana to approve or reject statutes
33 or parts of statutes enacted by the General Assembly.
34 (b) A referendum public question shall be submitted to the
35 voters of Indiana if a petition identifying the statute or part of the
36 statute enacted by the General Assembly to be approved or
37 rejected is signed by the number of Indiana voters equal to five
38 percent (5%) of the total number of votes cast for Secretary of
39 State at the most recent election for Secretary of State.
40 (c) All Indiana law not inconsistent with this section relating to
41 election petitions and elections for public questions applies to a
42 referendum.
2024 SJ 9616/DI 107 3
1 SECTION 5. ARTICLE 4 OF THE CONSTITUTION OF THE
2 STATE OF INDIANA IS AMENDED BY ADDING A NEW
3 SECTION TO READ AS FOLLOWS: Section 33. (a) If an initiative
4 or a referendum is approved by a majority of the votes cast on the
5 initiative or referendum, the initiative or referendum takes effect,
6 subject to subsection (b), five days after the date the results of the
7 public question are certified as provided by law, unless the
8 initiative or referendum provides otherwise.
9 (b) If an initiative statute requires, either implicitly or explicitly,
10 that a government entity spend money to carry out the initiative
11 statute, the statute does not take effect until the initiative statute or
12 another statute provides a source of funding to the government
13 entities required to carry out the initiative statute.
14 (c) If a referendum petition is filed against part of a statute, the
15 remainder of the statute is not delayed from taking effect.
16 (d) If provisions of two or more initiatives or referenda
17 approved at the same election conflict, the provisions of the
18 initiative or referendum receiving the highest affirmative vote
19 prevails.
20 (e) The General Assembly may amend or repeal referendum
21 statutes.
22 (f) The General Assembly may amend or repeal an initiative
23 statute by another statute only when the other statute is approved
24 by the voters in a referendum, unless the initiative statute permits
25 amendment or repeal without the approval of the voters.
26 (g) The veto power of the governor does not extend to an
27 initiative or a referendum statute approved by the voters.
28 SECTION 6. ARTICLE 4 OF THE CONSTITUTION OF THE
29 STATE OF INDIANA IS AMENDED BY ADDING A NEW
30 SECTION TO READ AS FOLLOWS: Section 34. The General
31 Assembly shall provide by law for the exercise of initiative and
32 referendum powers by the voters of each unit of local government.
2024 SJ 9616/DI 107