CHAPTER 5. STATE CONVENTIONS CONCERNING UNITED STATES CONSTITUTIONAL AMENDMENTS
IC 3-10-5
Chapter 5. State Conventions Concerning United States
Constitutional Amendments
IC 3-10-5-1
Ratifying convention; election of delegates
Sec. 1. Whenever the Congress of the United States proposes an
amendment to the Constitution of the United States and proposes that
it be ratified by conventions in the several states, the governor shall
fix, by proclamation, the date of an election to elect the delegates to
the convention in this state. The election shall be held within sixty
(60) days after the date of the proclamation and within four (4)
months after the date of the receipt of the proposed amendment by
the appropriate official from the Secretary of State of the United
States. If a general election occurs within this period, the special
election shall be held at the same time and by the same election
officers who conduct the general election.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-2
Eligible voters
Sec. 2. The electorate of the whole state may vote at the election
required by section 1 of this chapter.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-3
Conduct of election
Sec. 3. Except as otherwise provided in this chapter, the election
required by section 1 of this chapter shall be conducted and the
results ascertained, canvassed, and certified in the same manner as
an election of governor. All of the other provisions of this title apply
to the election when consistent with this chapter.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-4
Conduct of election; precinct election officers
Sec. 4. Each county election board shall conduct the election
required by section 1 of this chapter. The precinct election officers
consist of one (1) inspector and two (2) poll clerks to be appointed
by the county election board at least ten (10) days before the
election. These officers have the same powers and duties as other
precinct election officers and receive the same pay that precinct
election officers receive in general elections.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-5
Number of delegates
Sec. 5. Each county shall elect at least one (1) delegate to the
convention prescribed by section 1 of this chapter. In addition, each
county having a population greater than twenty thousand (20,000)
shall elect one (1) additional delegate for each additional twenty
thousand (20,000) persons in the county, or major fraction thereof.
The governor shall determine the number of delegates to which each
county is entitled under this section and shall include the number in
the governor's proclamation.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-6
Qualifications of delegate
Sec. 6. A candidate for delegate to a convention held under this
chapter must be:
(1) a resident of the county; and
(2) a registered voter.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.178.
IC 3-10-5-7
Procedure for nomination
Sec. 7. Nomination of a candidate for delegate to a convention
held under this chapter must be by petition. Before the candidate's
name is placed on a petition, the candidate must file in the office of
the circuit court clerk of the county in which the candidate resides a
declaration stating the candidate's name, the candidate's residence
address with the street and number (if any), and whether if elected as
a delegate the candidate will vote for or against the ratification of the
amendment to be considered by the convention. The circuit court
clerk may not accept a petition containing the name of a candidate
who has failed to file such a declaration.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-8
Nomination petitions; required number of signatures
Sec. 8. A single petition required by section 7 of this chapter may
nominate any number of candidates, but not more than the total
number of delegates to be elected from the county. A petition must
be signed by at least five hundred (500) voters for each delegate
nominated.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-9
Nomination petitions; contents
Sec. 9. A petition required by section 7 of this chapter must
contain the candidates' names, the candidates' residence address with
the street and number (if any), and a declaration and pledge that each
candidate will, if elected, vote for or against ratification at the
convention.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-10
Nomination petitions; political party designations
Sec. 10. A petition required by section 7 of this chapter may not
include a candidate's political party or political designation.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-11
Nomination petitions; inconsistent names
Sec. 11. A petition required by section 7 of this chapter may not
contain the name of a candidate whose position as stated is
inconsistent with that of another candidate on the same petition.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-12
Signing more than one petition
Sec. 12. A person may not sign both a petition for a candidate in
favor of ratification and a petition for a candidate opposed to
ratification.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-13
Filing of petitions and acceptances; preservation
Sec. 13. All petitions and acceptances must be filed with the
circuit court clerk no later than noon thirty (30) days before the date
of the election. The clerk shall preserve the petitions and make them
available for public inspection.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.84.
IC 3-10-5-14
Successful candidates; ties; time for objections
Sec. 14. The candidates whose nominating petitions have been
signed by the highest number of voters are nominated. Ties shall be
resolved by lot drawn by the commission. If a written objection is not
filed with the circuit court clerk no later than noon ten (10) days after
the filing, the decision of the clerk is final.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.85;
P.L.2-1996, SEC.119.
IC 3-10-5-15
Objections
Sec. 15. If an objection to a decision of the circuit court clerk is
made, the clerk shall immediately certify the objection and the
petition to the election division. The commission shall consider the
objection, and the decision of the commission is final.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.179;
P.L.3-1997, SEC.226.
IC 3-10-5-16
Certification of successful nominees
Sec. 16. Not later than noon fifteen (15) days after the petitions
have been filed with the circuit court clerk, the clerk shall certify the
names of the successful nominees to the election division.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.180;
P.L.3-1997, SEC.227.
IC 3-10-5-17
Conduct of election; ballot
Sec. 17. The election required by section 1 of this chapter shall be
conducted by ballot. The ballot must state first the substance of the
proposed constitutional amendment, followed by appropriate
instructions to the voters. The ballot then must be in the form
prescribed by the commission. The names of the nominees in favor
of ratification shall be placed in the column headed "For
Ratification". The names of the nominees against ratification shall be
placed in the column headed "Against Ratification".
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.181;
P.L.3-1993, SEC.99; P.L.2-1996, SEC.120.
IC 3-10-5-18
Arrangement of names on ballot
Sec. 18. The ballot prescribed by section 17 of this chapter shall
be arranged so that a voter may, by making a single voting mark, vote
for an entire group of nominees whose names are in one column.
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.10;
P.L.3-1987, SEC.182.
IC 3-10-5-19
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-10-5-20
Order of names on ballot
Sec. 20. Each county election board shall prepare the ballots in
series equal to the total number of delegates to be elected. The names
of the candidates shall be arranged in alphabetical order in the first
series of ballots printed. On the next series printed the first name
shall be placed last, and the process shall be repeated in the same
manner until each name has been first. The ballots shall then be
combined in tablets with no two (2) of the same order of names
together, except where there is but one (1) candidate in each column
and when impracticable to do so.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-21
Marking of ballot
Sec. 21. A voter shall indicate a choice by making one (1) or more
voting marks in the appropriate spaces provided on the ballot.
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.11.
IC 3-10-5-22
Successful nominees
Sec. 22. The nominees who receive the highest number of votes,
up to the total number to be chosen, are the delegates to the
convention prescribed by section 1 of this chapter.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-23
Certification of delegates
Sec. 23. Not later than noon ten (10) days after the election, each
circuit court clerk shall:
(1) certify the election of each delegate to the election division;
and
(2) deliver a certificate of election to each successful delegate.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1997, SEC.228.
IC 3-10-5-24
Vacancies
Sec. 24. If there is a vacancy in the convention prescribed by
section 1 of this chapter, the vacancy shall be filled by majority vote
of the delegates from the county in which the vacancy exists. If the
convention does not have another delegate from that county, the
governor shall fill the vacancy.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-25
Commencement of convention; quorum
Sec. 25. The delegates certified under section 23 of this chapter
shall meet in convention in the chamber of the Indiana house of
representatives on the third Monday following the election at 2 p.m.
to pass upon the question of whether or not to ratify the proposed
constitutional amendment. A majority of the delegates elected to the
convention constitutes a quorum.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-26
Call to order; oath of office
Sec. 26. The lieutenant governor shall call the convention to
order. A justice of the supreme court shall administer the oath of
office.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-27
Powers of convention
Sec. 27. The convention:
(1) is the judge of the election and qualifications of its
members;
(2) may elect its president, secretary, and other officers; and
(3) may adopt its own rules.
As added by P.L.5-1986, SEC.6.
IC 3-10-5-28
Journal of convention
Sec. 28. (a) The convention shall keep a journal of its proceedings
and debates in which the vote of each delegate on the question of
ratification of the proposed constitutional amendment shall be
recorded.
(b) Upon final adjournment the journal shall be filed with the
election division.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1997, SEC.229.
IC 3-10-5-29
Certificate of ratification
Sec. 29. (a) If the convention agrees to the ratification of the
proposed constitutional amendment by majority vote of the delegates
elected to the convention, the president and secretary of the
convention shall execute a certificate to that effect and transmit the
certificate to the election division.
(b) The secretary of state shall transmit the certificate under the
official seal of the state to the Secretary of State of the United States.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1997, SEC.230.
IC 3-10-5-30
Congressional preemption of procedure
Sec. 30. If at or about the time of submitting a constitutional
amendment, Congress, either in the resolution submitting the
amendment or by statute, prescribes the manner in which the
conventions are to be constituted and does not except from the
resolution or statute states that have provided for conventions, this
chapter is inoperative and the convention shall be constituted and
operate as the resolution or statute directs. Each public official of this
state who is authorized or directed by the resolution or statute to take
action to constitute a convention for this state shall act in accordance
with it as if acting under a statute of this state.
As added by P.L.5-1986, SEC.6.