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Monday, January 14, 2013

Ind. Gov't. - More on: Here are Gov. Pence's first 15 executive orders

Updating this entry from late this afternoon, I just saw this tweet:

No executive order to reauthorize IEDC or Inspector General? Mitch Daniels Executive Orders Now Void.
The writer, however, gives no authority for the statement.

A number of the 15 Executive Orders issued by Gov. Pence this afternoon are titled "Continuing the ...", as in "Continuing the Office of Faith Based and Community Initiatives and the Indiana Commission on Community Service and Volunteerism."

One is titled "Rescinding Executive Order 11-07." It provides in part:

WHEREAS, the intent of this Order is to reinstate the Indiana Education Employment Relations Board's obligation to report directly to the Governor, which existed from the formation of the Indiana Education Employment Relations Board until Governor Mitchell E. Daniels, Jr. issued Executive Order 11-07 * * * Executive Order 11-07 is rescinded and shall have no effect.
It appears that Gov. Pence is reaffirming some Daniels' orders, and rescinding others, being careful to make his intentions clear.

I examined the question of "Does a governor’s executive order continue in effect when his term is over?" in this 2006 column ("Executive Orders, Signing Statements, and Veto Messages, Part Two," 49 Res Gestae 9 (May 2006), pp. 39-41.) My conclusion:

That an Indiana governor’s executive orders continue to be effective after the governor has left office may be implied from the practices of recent Indiana governors. Governor Daniels’ executive orders issued shortly after he took office in January 2005 show the use of phrases such as “is hereby superseded,” “continuing the office,” “rescinded and declared null and void,” “which continues in effect, is hereby amended to be consistent herewith.” This language supports the continuation of executive orders after the term of office.

Posted by Marcia Oddi on January 14, 2013 06:17 PM
Posted to Indiana Government