In Indiana, legislatively referred amendments are the only form of statewide direct democracy available for the purposes of this report. The legislature generally controls how proposed amendments are submitted to voters. For instance, it may supply the ballot language (including whether or not to include explanatory text in addition to the ballot question); when it does so, this language is given great deference by the court. However, the legislature may not order a special election, as under the state constitution, proposed amendments must be submitted to voters at the next general election.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Indiana
Indiana does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Indiana voters. Ind. Const. art. 16, § 1(b)-(c).
Election Timing
A proposed amendment must first be approved by a majority of members elected to each house, in two consecutive General Assemblies. Ind. Const. art. 16, § 1(b). It is then submitted to Indiana voters “at the next general election.” Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment must contain the following.
- Statement of the question.
- (Only as required by the legislature) Explanatory text, if applicable.
Indiana law generally allows the General Assembly to prescribe the form of the ballot. If the legislature does not prescribe the form of the ballot, the Indiana Election Commission must “prepare a brief statement of the public question in words sufficient to clearly designate it and have the statement printed on the state ballot.” Ind. Code § 3-10-3-2(a); see also Ind. Code § 3-11-2-15.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
County election boards must publish notice of a constitutional amendment ballot question to a qualified newspaper no later than 21 days before Election Day. If such newspaper maintains a website, the notice must also appear online. See generally Ind. Code §§ 3-10-3-1(b), 5-3-1-1.5, 5-3-1-2.
Voter Information Pamphlet
- Indiana law does not require a state voter information pamphlet for ballot measures.
JUDICIAL REVIEW
When and how can the court step in?
Indiana’s direct democracy provisions do not explicitly provide for judicial review of ballot contents or related materials, though review may be available under other channels. Particularly where the legislature prescribes the form of a ballot question, the court has indicated it will not strike down an amendment based on its submission method “[s]o long as the amendment is sufficiently identified and is not confused with any other amendments.” Oviatt v. Behme, 147 N.E.2d 897, 900 (Ind. 1958).
Sample case: Oviatt v. Behme, 147 N.E.2d 897, 899–900 (Ind. 1958) (rejecting argument that a constitutional amendment was improperly submitted and thus not properly ratified; nothing required legislature to submit full text to electors).