1 | 1 | | *HJ9202* |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE JOINT |
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4 | 4 | | RESOLUTION No. 2 |
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5 | 5 | | _____ |
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6 | 6 | | DIGEST OF INTRODUCED RESOL UTION |
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7 | 7 | | |
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8 | 8 | | Citations Affected: Article 4 of the Constitution of the State of |
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9 | 9 | | Indiana. |
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10 | 10 | | Synopsis: Initiatives and referendums. Provides that the people of |
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11 | 11 | | Indiana may propose and adopt amendments to the Constitution of the |
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12 | 12 | | State of Indiana and propose and enact statutes independent of the |
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13 | 13 | | general assembly through initiative. Provides that the people of Indiana |
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14 | 14 | | may approve or reject through referendum any statute or part of any |
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15 | 15 | | statute enacted by the general assembly. This proposed amendment has |
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16 | 16 | | not been previously agreed to by a general assembly. |
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17 | 17 | | Effective: This proposed amendment must be agreed to by two |
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18 | 18 | | consecutive general assemblies and ratified by a majority of the state's |
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19 | 19 | | voters voting on the question to be effective. |
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20 | 20 | | Errington |
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21 | 21 | | January 13, 2025, read first time and referred to Committee on Judiciary. |
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22 | 22 | | 20251244 |
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23 | 23 | | 2025 HJ 2—HJ 9202/DI 107 Introduced |
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24 | 24 | | First Regular Session of the 124th General Assembly (2025) |
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25 | 25 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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26 | 26 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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27 | 27 | | additions will appear in this style type, and deletions will appear in this style type. |
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28 | 28 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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29 | 29 | | provision adopted), the text of the new provision will appear in this style type. Also, the word |
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30 | 30 | | NEW will appear in that style type in the introductory clause of each SECTION that adds a |
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31 | 31 | | new provision to the Indiana Code or the Indiana Constitution. |
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32 | 32 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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33 | 33 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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34 | 34 | | HOUSE JOINT |
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35 | 35 | | RESOLUTION No. 2 |
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36 | 36 | | A JOINT RESOLUTION proposing an amendment to Article 4 of |
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37 | 37 | | the Constitution of the State of Indiana concerning elections. |
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38 | 38 | | Be it resolved by the General Assembly of the State of Indiana: |
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39 | 39 | | 1 SECTION 1. The following amendment to the Constitution of the |
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40 | 40 | | 2 State of Indiana is proposed and agreed to by this, the One Hundred |
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41 | 41 | | 3 Twenty-fourth General Assembly of the State of Indiana, and is |
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42 | 42 | | 4 referred to the next General Assembly for reconsideration and |
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43 | 43 | | 5 agreement. |
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44 | 44 | | 6 SECTION 2. ARTICLE 4, SECTION 1 OF THE CONSTITUTION |
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45 | 45 | | 7 OF THE STATE OF INDIANA IS AMENDED TO READ AS |
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46 | 46 | | 8 FOLLOWS: Section 1. (a) Except as otherwise provided in this |
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47 | 47 | | 9 Constitution, the Legislative authority of the State shall be vested in |
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48 | 48 | | 10 a General Assembly, which shall consist of a Senate and a House of |
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49 | 49 | | 11 Representatives. The style of every law shall be: "Be it enacted by the |
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50 | 50 | | 12 General Assembly of the State of Indiana"; and no law shall be enacted, |
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51 | 51 | | 13 except by bill. |
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52 | 52 | | 2025 HJ 2—HJ 9202/DI 107 2 |
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53 | 53 | | 1 (b) The people reserve to themselves the power, independent of |
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54 | 54 | | 2 the General Assembly, to do the following: |
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55 | 55 | | 3 (1) Propose statutes and amendments to this Constitution. |
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56 | 56 | | 4 (2) Adopt or reject by ballot their proposed statutes or |
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57 | 57 | | 5 amendments to this Constitution. |
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58 | 58 | | 6 (3) Approve or reject by ballot any statute, or section or part |
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59 | 59 | | 7 of any statute, enacted by the General Assembly. |
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60 | 60 | | 8 (c) The style of every statute enacted by the people shall be: "Be |
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61 | 61 | | 9 it enacted by the People of the State of Indiana:". The style of |
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62 | 62 | | 10 every statute enacted by the General Assembly shall be: "Be it |
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63 | 63 | | 11 enacted by the People of the State of Indiana, through the General |
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64 | 64 | | 12 Assembly:". |
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65 | 65 | | 13 SECTION 3. ARTICLE 4 OF THE CONSTITUTION OF THE |
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66 | 66 | | 14 STATE OF INDIANA IS AMENDED BY ADDING A NEW |
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67 | 67 | | 15 SECTION TO READ AS FOLLOWS: Section 31. (a) As used in this |
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68 | 68 | | 16 section, "measure" refers to either of the following: |
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69 | 69 | | 17 (1) A statute. |
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70 | 70 | | 18 (2) An amendment to this Constitution. |
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71 | 71 | | 19 (b) An initiative is the power of the voters of Indiana to propose |
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72 | 72 | | 20 a measure and to adopt or reject the proposed measure. |
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73 | 73 | | 21 (c) A measure shall be submitted to the voters of Indiana if a |
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74 | 74 | | 22 petition containing the text of the proposed measure is signed by |
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75 | 75 | | 23 the number of Indiana voters equal to two percent (2%) of the total |
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76 | 76 | | 24 number of votes cast for Secretary of State at the most recent |
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77 | 77 | | 25 election for Secretary of State. |
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78 | 78 | | 26 (d) All Indiana law not inconsistent with this section relating to |
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79 | 79 | | 27 election petitions and elections for public questions applies to an |
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80 | 80 | | 28 initiative. |
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81 | 81 | | 29 SECTION 4. ARTICLE 4 OF THE CONSTITUTION OF THE |
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82 | 82 | | 30 STATE OF INDIANA IS AMENDED BY ADDING A NEW |
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83 | 83 | | 31 SECTION TO READ AS FOLLOWS: Section 32. (a) A referendum |
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84 | 84 | | 32 is the power of the voters of Indiana to approve or reject statutes |
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85 | 85 | | 33 or parts of statutes enacted by the General Assembly. |
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86 | 86 | | 34 (b) A referendum public question shall be submitted to the |
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87 | 87 | | 35 voters of Indiana if a petition identifying the statute or part of the |
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88 | 88 | | 36 statute enacted by the General Assembly to be approved or |
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89 | 89 | | 37 rejected is signed by the number of Indiana voters equal to two |
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90 | 90 | | 38 percent (2%) of the total number of votes cast for Secretary of |
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91 | 91 | | 39 State at the most recent election for Secretary of State. |
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92 | 92 | | 40 (c) All Indiana law not inconsistent with this section relating to |
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93 | 93 | | 41 election petitions and elections for public questions applies to a |
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94 | 94 | | 42 referendum. |
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95 | 95 | | 2025 HJ 2—HJ 9202/DI 107 3 |
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96 | 96 | | 1 SECTION 5. ARTICLE 4 OF THE CONSTITUTION OF THE |
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97 | 97 | | 2 STATE OF INDIANA IS AMENDED BY ADDING A NEW |
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98 | 98 | | 3 SECTION TO READ AS FOLLOWS: Section 33. (a) If an initiative |
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99 | 99 | | 4 or a referendum is approved by a majority of the votes cast on the |
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100 | 100 | | 5 initiative or referendum, the initiative or referendum takes effect, |
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101 | 101 | | 6 subject to subsection (b), five (5) days after the date the results of |
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102 | 102 | | 7 the public question are certified as provided by law, unless the |
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103 | 103 | | 8 initiative or referendum provides otherwise. |
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104 | 104 | | 9 (b) If an initiative statute requires, either implicitly or explicitly, |
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105 | 105 | | 10 that a government entity spend money to carry out the initiative |
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106 | 106 | | 11 statute, the statute does not take effect until the initiative statute or |
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107 | 107 | | 12 another statute provides a source of funding to the government |
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108 | 108 | | 13 entities required to carry out the initiative statute. |
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109 | 109 | | 14 (c) If a referendum petition is filed against part of a statute, the |
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110 | 110 | | 15 remainder of the statute is not delayed from taking effect. |
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111 | 111 | | 16 (d) If provisions of two (2) or more initiatives or referenda |
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112 | 112 | | 17 approved at the same election conflict, the provisions of the |
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113 | 113 | | 18 initiative or referendum receiving the highest affirmative vote |
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114 | 114 | | 19 prevails. |
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115 | 115 | | 20 (e) The General Assembly may not amend or repeal referendum |
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116 | 116 | | 21 statutes. |
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117 | 117 | | 22 (f) The General Assembly may amend or repeal an initiative |
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118 | 118 | | 23 statute by another statute only when the other statute is approved |
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119 | 119 | | 24 by the voters in a referendum, unless the initiative statute permits |
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120 | 120 | | 25 amendment or repeal without the approval of the voters. |
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121 | 121 | | 26 (g) The veto power of the governor does not extend to an |
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122 | 122 | | 27 initiative or a referendum statute approved by the voters. |
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123 | 123 | | 2025 HJ 2—HJ 9202/DI 107 |
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