« Courts - "Kentucky gay marriage ruling looks to precedents" | Main | Ind. Law - "Kokomo attorney's practice wiped out from within" »

Thursday, February 13, 2014

Ind. Gov't. - HJR 3 not amended on second reading, will not be on 2014 ballot

HJR 3 just just passed 2nd reading in the Senate without amendment, meaning without the second sentence which was stripped out in the House.

That means if HJR 3 is passed on 3rd reading next week by the Senate, it has to be considered to have been a NEW effort to amend the Constitution, and must be adopted again without change by the first or second session of the new General Assembly to be elected in November of 2014 to go on the 2016 ballot.

I've written in the past that the Republican leadership might try to place HJR 3 on this fall's ballot even with the omission of the 2nd sentence, saying that the remaining portion of the resolution had in fact passed two separate General Assemblies.

However, that will no longer fly because this language of SECTION 1 in the resolution, which was changed when the House stripped out the second sentence of SECTION 2, remains now to bar that possibility [my emphasis in the following examples]:

SECTION 1. The following amendment to the Constitution of the State of Indiana is proposed and agreed to by this, the One Hundred Eighteenth General Assembly of the State of Indiana, and is referred to the next General Assembly for reconsideration and agreement.
By that language the resolution "is referred to the next General Assembly," rather than to the voters, as it would have been via the language in the original House version:
SECTION 1. The following amendment to the Constitution of the State of Indiana, which was agreed to by the One Hundred Seventeenth General Assembly and referred to this General Assembly for reconsideration and agreement, is agreed to by this the One Hundred Eighteenth General Assembly of the State of Indiana.
Neither this wording nor the second sentence of SECTION 2 was inserted by 2nd reading today in the Senate, and that ends the opportunity.

Posted by Marcia Oddi on February 13, 2014 02:27 PM
Posted to Indiana Government