Michele McNeil Solida
Hoosiers will vote on line of succession
Mon Apr 21 18:27:32 2003
208.152.73.65

113TH GENERAL ASSEMBLY
Hoosiers will vote on line of succession
Proposed change to constitution adds list of officials who would replace the governor.
http://www.indystar.com/print/articles/8/037443-7218-009.html

By Michele McNeil Solida
michele.mcneil.solida@indystar.com
April 21, 2003


If a major catastrophe strikes at the heart of state government, who will be in charge? A constitutional amendment that clearly spells out the succession of power in Indiana will be on the general election ballot when Hoosiers go to the polls in November 2004.

The proposed change, already agreed to by two General Assemblies, addresses a weakness in the state constitution that became more glaring after the terrorist attacks of Sept. 11, 2001.

The constitution now states that the lieutenant governor steps in for the governor. If both are unable to fulfill their duties, then the General Assembly picks a new leader.

But if for some reason lawmakers can't meet, the constitution doesn't say who's in charge.

So lawmakers have proposed the following line of succession: House speaker, Senate president pro tempore, state treasurer, auditor, secretary of state and superintendent of public instruction. The replacement needs to belong to the same political party as the governor.

"The whole concept is to be prudent about providing for stability of the state in case something happens that we cannot even imagine now," said Rep. Michael Murphy, R-Indianapolis, sponsor of House Joint Resolution 8.

If a majority of Hoosier voters agree with the proposal, then the Indiana Constitution will change.

The last time that happened was in 2000, when voters decided to limit the number of direct appeals by criminals to the Indiana Supreme Court.

All of the offices in the proposed succession line are constitutional offices. The attorney general's office was not created by the constitution and was left off the list. Though the secretary of state is the third-highest-ranking statewide elected official, the treasurer and auditor become more important in the line of succession.

"We thought of who would have the best knowledge of where the money is and what the state's obligations are," Murphy said.

Secretary of State Todd Rokita said he respects the wishes of the General Assembly. But, he said, his office could become very important in a constitutional crisis.

"There's more to state issues than just 'Where's the money?' " he said. "The preservation of democracy and the electoral process is also important."

In the Midwest, Indiana is the only state without a line of succession that extends beyond lieutenant governor. But none of the states approaches succession in exactly the same way.

• In Michigan, House and Senate leaders are left off the list.

• In Ohio, the Senate leader is ahead of the House leader.

• Kentucky turns to its Senate president after lieutenant governor.

• And in Illinois, the attorney general is next in line after the lieutenant governor.

This proposed constitutional amendment is one of at least three that will appear on the Indiana ballot in 2004.

Hoosier voters also will be asked if they agree with an amendment to fix the dates for beginning terms of county officers and if they want to eliminate the constitutional requirement for an inventory tax.

Legislators haven't been as successful this year with other attempts to change the state constitution. Rep. William Crawford, D-Indianapolis, wanted to guarantee high-quality, affordable health care for all Hoosiers. And Rep. John Ulmer, R-Goshen, has so far failed to win Hoosiers the constitutional right to hunt and fish.

=========================================
Call Star reporter Michele McNeil Solida at 1-317-615-2381