Indiana 2025 Regular Session

Indiana House Bill HJR0002 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 *HJ9202*
22 Introduced Version
33 HOUSE JOINT
44 RESOLUTION No. 2
55 _____
66 DIGEST OF INTRODUCED RESOL UTION
77
88 Citations Affected: Article 4 of the Constitution of the State of
99 Indiana.
1010 Synopsis: Initiatives and referendums. Provides that the people of
1111 Indiana may propose and adopt amendments to the Constitution of the
1212 State of Indiana and propose and enact statutes independent of the
1313 general assembly through initiative. Provides that the people of Indiana
1414 may approve or reject through referendum any statute or part of any
1515 statute enacted by the general assembly. This proposed amendment has
1616 not been previously agreed to by a general assembly.
1717 Effective: This proposed amendment must be agreed to by two
1818 consecutive general assemblies and ratified by a majority of the state's
1919 voters voting on the question to be effective.
2020 Errington
2121 January 13, 2025, read first time and referred to Committee on Judiciary.
2222 20251244
2323 2025 HJ 2—HJ 9202/DI 107 Introduced
2424 First Regular Session of the 124th General Assembly (2025)
2525 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2626 Constitution) is being amended, the text of the existing provision will appear in this style type,
2727 additions will appear in this style type, and deletions will appear in this style type.
2828 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2929 provision adopted), the text of the new provision will appear in this style type. Also, the word
3030 NEW will appear in that style type in the introductory clause of each SECTION that adds a
3131 new provision to the Indiana Code or the Indiana Constitution.
3232 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3333 between statutes enacted by the 2024 Regular Session of the General Assembly.
3434 HOUSE JOINT
3535 RESOLUTION No. 2
3636 A JOINT RESOLUTION proposing an amendment to Article 4 of
3737 the Constitution of the State of Indiana concerning elections.
3838 Be it resolved by the General Assembly of the State of Indiana:
3939 1 SECTION 1. The following amendment to the Constitution of the
4040 2 State of Indiana is proposed and agreed to by this, the One Hundred
4141 3 Twenty-fourth General Assembly of the State of Indiana, and is
4242 4 referred to the next General Assembly for reconsideration and
4343 5 agreement.
4444 6 SECTION 2. ARTICLE 4, SECTION 1 OF THE CONSTITUTION
4545 7 OF THE STATE OF INDIANA IS AMENDED TO READ AS
4646 8 FOLLOWS: Section 1. (a) Except as otherwise provided in this
4747 9 Constitution, the Legislative authority of the State shall be vested in
4848 10 a General Assembly, which shall consist of a Senate and a House of
4949 11 Representatives. The style of every law shall be: "Be it enacted by the
5050 12 General Assembly of the State of Indiana"; and no law shall be enacted,
5151 13 except by bill.
5252 2025 HJ 2—HJ 9202/DI 107 2
5353 1 (b) The people reserve to themselves the power, independent of
5454 2 the General Assembly, to do the following:
5555 3 (1) Propose statutes and amendments to this Constitution.
5656 4 (2) Adopt or reject by ballot their proposed statutes or
5757 5 amendments to this Constitution.
5858 6 (3) Approve or reject by ballot any statute, or section or part
5959 7 of any statute, enacted by the General Assembly.
6060 8 (c) The style of every statute enacted by the people shall be: "Be
6161 9 it enacted by the People of the State of Indiana:". The style of
6262 10 every statute enacted by the General Assembly shall be: "Be it
6363 11 enacted by the People of the State of Indiana, through the General
6464 12 Assembly:".
6565 13 SECTION 3. ARTICLE 4 OF THE CONSTITUTION OF THE
6666 14 STATE OF INDIANA IS AMENDED BY ADDING A NEW
6767 15 SECTION TO READ AS FOLLOWS: Section 31. (a) As used in this
6868 16 section, "measure" refers to either of the following:
6969 17 (1) A statute.
7070 18 (2) An amendment to this Constitution.
7171 19 (b) An initiative is the power of the voters of Indiana to propose
7272 20 a measure and to adopt or reject the proposed measure.
7373 21 (c) A measure shall be submitted to the voters of Indiana if a
7474 22 petition containing the text of the proposed measure is signed by
7575 23 the number of Indiana voters equal to two percent (2%) of the total
7676 24 number of votes cast for Secretary of State at the most recent
7777 25 election for Secretary of State.
7878 26 (d) All Indiana law not inconsistent with this section relating to
7979 27 election petitions and elections for public questions applies to an
8080 28 initiative.
8181 29 SECTION 4. ARTICLE 4 OF THE CONSTITUTION OF THE
8282 30 STATE OF INDIANA IS AMENDED BY ADDING A NEW
8383 31 SECTION TO READ AS FOLLOWS: Section 32. (a) A referendum
8484 32 is the power of the voters of Indiana to approve or reject statutes
8585 33 or parts of statutes enacted by the General Assembly.
8686 34 (b) A referendum public question shall be submitted to the
8787 35 voters of Indiana if a petition identifying the statute or part of the
8888 36 statute enacted by the General Assembly to be approved or
8989 37 rejected is signed by the number of Indiana voters equal to two
9090 38 percent (2%) of the total number of votes cast for Secretary of
9191 39 State at the most recent election for Secretary of State.
9292 40 (c) All Indiana law not inconsistent with this section relating to
9393 41 election petitions and elections for public questions applies to a
9494 42 referendum.
9595 2025 HJ 2—HJ 9202/DI 107 3
9696 1 SECTION 5. ARTICLE 4 OF THE CONSTITUTION OF THE
9797 2 STATE OF INDIANA IS AMENDED BY ADDING A NEW
9898 3 SECTION TO READ AS FOLLOWS: Section 33. (a) If an initiative
9999 4 or a referendum is approved by a majority of the votes cast on the
100100 5 initiative or referendum, the initiative or referendum takes effect,
101101 6 subject to subsection (b), five (5) days after the date the results of
102102 7 the public question are certified as provided by law, unless the
103103 8 initiative or referendum provides otherwise.
104104 9 (b) If an initiative statute requires, either implicitly or explicitly,
105105 10 that a government entity spend money to carry out the initiative
106106 11 statute, the statute does not take effect until the initiative statute or
107107 12 another statute provides a source of funding to the government
108108 13 entities required to carry out the initiative statute.
109109 14 (c) If a referendum petition is filed against part of a statute, the
110110 15 remainder of the statute is not delayed from taking effect.
111111 16 (d) If provisions of two (2) or more initiatives or referenda
112112 17 approved at the same election conflict, the provisions of the
113113 18 initiative or referendum receiving the highest affirmative vote
114114 19 prevails.
115115 20 (e) The General Assembly may not amend or repeal referendum
116116 21 statutes.
117117 22 (f) The General Assembly may amend or repeal an initiative
118118 23 statute by another statute only when the other statute is approved
119119 24 by the voters in a referendum, unless the initiative statute permits
120120 25 amendment or repeal without the approval of the voters.
121121 26 (g) The veto power of the governor does not extend to an
122122 27 initiative or a referendum statute approved by the voters.
123123 2025 HJ 2—HJ 9202/DI 107