Indiana Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment (2024)

Indiana Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment
Election date November 5, 2024
Topic State executive official measures
Status a Approved
Type Constitutional amendment	Origin State legislature

The Indiana Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment was on the ballot in Indiana as a legislatively referred constitutional amendment on November 5, 2024. It was approved.

A "yes" vote supports removing the superintendent of public instruction from the gubernatorial line of succession.

A "no" vote opposes removing the superintendent of public instruction from the gubernatorial line of succession, thereby maintaining current law providing that the superintendent is last in the line of gubernatorial succession.

Election results

Indiana Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment
Result		Votes	Percentage
Yes		1,389,918	53.59%
No		1,203,470	46.41%

Results are officially certified.

Source

Overview

What did the amendment change about the gubernatorial line of succession in Indiana?

See also: Text of measure

The amendment removed the superintendent of public instruction from the gubernatorial line of succession.

The elected position of state superintendent of public instruction was abolished in 2021 and replaced by the secretary of education, a position appointed by the governor.

What was the gubernatorial line of succession in Indiana going into the election?

See also: Text of measure and Background

As of 2024, if the governor becomes incapacitated, then the lieutenant governor of Indiana becomes acting-governor until his or her recovery. If the governor resigns, dies, or is impeached, tried, and convicted, then the lieutenant governor becomes governor. If the governor and lieutenant governor both vacate their offices, the state legislature must meet within 48 hours and elect an acting governor, who must belong to the same party as the previous governor, by a simple majority in each chamber. Until then, the acting governor and acting lieutenant governor were, in order of succession:

• 1: the President Pro Tem of the Senate;
• 2: the Speaker of the House of Representatives;
• 3: the State Treasurer;
• 4: the State Auditor;
• 5: the Secretary of State; and
• 6: the State Superintendent of Public Instruction.

What did supporters and opponents say about the measure?

See also: Path to the ballot and Support

State Senator Jeff Raatz (R), who sponsored the amendment in the state senate, said, "The superintendent of public instruction is sixth in line to take over as the governor of Indiana if the elected governor and lieutenant governor vacate their roles; however, this position was added to the line of succession when it was an elected position. Now, secretary of education is a governor-appointed position. Because it is no longer an elected position, I believe it is wise to remove the position from the line of succession to make sure that only an elected official can become governor."

Text of measure

Ballot title

The ballot title for the amendment was as follows:

“

Shall the Constitution of the State of Indiana be amended to remove the state superintendent of public instruction from the list of officeholders who shall discharge the powers and duties of the governor if the office of the governor and lieutenant governor are both vacant?

”

Constitutional changes

See also: Article 5, Indiana Constitution

The measure amended Section 10 of Article 5 of the Indiana Constitution. The following struck-through text was deleted and underlined text was added.

Note: Hover over the text and scroll to see the full text.

Section 10. (a) In case the Governor-elect fails to assume office, or in case of the death or resignation of the Governor or the Governor's removal from office, the Lieutenant Governor shall become Governor and hold office for the unexpired term of the person whom the Lieutenant Governor succeeds. In case the Governor is unable to discharge the powers and duties of the office, the Lieutenant Governor shall discharge the powers and duties of the office as Acting Governor.

(b) Whenever there is a vacancy in the office of Lieutenant Governor, the Governor shall nominate a Lieutenant Governor who shall take office upon confirmation by a majority vote in each house of the General Assembly and hold office for the unexpired term of the previous Lieutenant Governor. If the General Assembly is not in session, the Governor shall call it into special session to receive and act upon the Governor's nomination. In the event of the inability of the Lieutenant Governor to discharge the powers and duties of the office, the General Assembly may provide by law for the manner in which a person shall be selected to act in the Lieutenant Governor's place and declare which powers and duties of the office such person shall discharge.

(c) Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives the Governor's written declaration that the Governor is unable to discharge the powers and duties of the office, and until the Governor transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as Acting Governor. Thereafter, when the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives the Governor's written declaration that no inability exists, the Governor shall resume the powers and duties of the office.

(d) Whenever the President pro tempore of the Senate and the Speaker of the House of Representatives file with the Supreme Court a written statement suggesting that the Governor is unable to discharge the powers and duties of the office, the Supreme Court shall meet within forty-eight hours to decide the question and such decision shall be final. Thereafter, whenever the Governor files with the Supreme Court the Governor's written declaration that no inability exists, the Supreme Court shall meet within forty-eight hours to decide whether such be the case and such decision shall be final. Upon a decision that no inability exists, the Governor shall resume the powers and duties of the office.

(e) Whenever there is a vacancy in both the office of Governor and Lieutenant Governor, the General Assembly shall convene in joint session forty-eight hours after such occurrence and elect a Governor from and of the same political party as the immediately past Governor by a majority vote of each house. If either house of the General Assembly is unable to assemble a quorum of its members because of vacancies in the membership of that house, the General Assembly shall convene not later than forty-eight hours after a sufficient number of the vacancies are filled to provide a quorum of members for that house.

(f) An individual holding one (1) of the following offices shall discharge the powers and duties of the governor if the office of governor and the office of lieutenant governor are both vacant, in the order listed:

(1) The speaker of the house of representatives.

(2) The president pro tempore of the senate, if the office described in subdivision (1) is vacant.

(3) The treasurer of state, if the offices described in subdivisions (1) and (2) are vacant.

(4) The auditor of state, if the offices described in subdivisions (1) through (3) are vacant.

(5) The secretary of state, if the offices described in subdivisions (1) through (4) are vacant.

(6) The state superintendent of public instruction, if the offices described in subdivisions (1) through (5) are vacant.

(g) An individual's authority to discharge the governor's powers and duties under subsection (f) ends when the general assembly fills the office of governor under this section.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 22, and the FRE is 13. The word count for the ballot title is 45.

Support

Supporters

Officials

• State Sen. James Buck (R)
• State Sen. Susan Glick (R)
• State Sen. Jeff Raatz (R)
• State Sen. Linda Rogers (R)
• State Rep. Ryan Lauer (R)
• State Rep. John Prescott (R)

Arguments

• State Sen. Jeff Raatz (R): "The superintendent of public instruction is sixth in line to take over as the governor of Indiana if the elected governor and lieutenant governor vacate their roles; however, this position was added to the line of succession when it was an elected position. Now, secretary of education is a governor-appointed position. Because it is no longer an elected position, I believe it is wise to remove the position from the line of succession to make sure that only an elected official can become governor."

Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Campaign finance

See also: Campaign finance requirements for Indiana ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Gubernatorial line of succession in Indiana

See also: How gubernatorial vacancies are filled

Details of vacancies are addressed under Article 5, Section 10.

If the governor becomes incapacitated then the lieutenant governor of Indiana becomes acting-governor until his or her recovery. If the governor resigns, dies, or is impeached, tried, and convicted, then the lieutenant governor becomes governor.

If the office of the lieutenant governor is vacant, then the Senate Pro-Tempore becomes governor. If the office of Senate Pro-Tempore is also vacant then the senate must elect a new Pro-Tempore to fill the governor's office.

The governor may temporarily step aside if he or she communicates that he or she is unable to discharge the office to both the President Pro-Tempore of the Senate and the Speaker of the House of Representatives. The same two individuals may file a petition with the Indiana Supreme Court asking for a hearing of fitness for office for the Governor. In that case, the hearing must be held within 48 hours and the Supreme Court's decision is final.

If the governor and lieutenant governor both vacate their offices, the General Assembly must meet within 48 hours and elect an acting governor, who must belong to the same party as the elected governor, by a simple majority in each chamber. Until then, the acting governor shall be, in order of succession:

• the President Pro-Tempore of the Senate

• the Speaker of the House of Representatives

• the State Treasurer

• the State Auditor

• the Secretary of State

• the State Superintendent of Public Instruction

Abolishment of state superintendent of public instruction

In 2019, the Indiana State Legislature passed and Governor Eric Holcomb (R) signed a bill providing for an appointed position of Secretary of Education, replacing the elected position of state superintendent of public instruction. Holcomb appointed Secretary of Education Katie Jenner, who assumed the position on January 11, 2021.

Gubernatorial vacancy procedures across states

See also: How gubernatorial vacancies are filled

The following chart and map provides information on the gubernatorial line of succession across states.

Referred amendments on the ballot

See also: List of Indiana ballot measures

• A total of 12 measures appeared on the statewide ballot in Indiana from 1996 through 2022.
• The measures appeared on the ballot in 1996, 1998, 2000, 2004, 2010, 2016, and most recently in 2018.
• From 1996 through 2022, an average of between zero and one measure appeared on the ballot for even-year elections in Indiana.
• The number of measures appearing on the ballot from 1996 through 2022 ranged from zero to three.
• From 1996 through 2022, 100% of statewide measures (12 of 12) were approved by voters, and 0% were defeated.

Path to the ballot

See also: Amending the Indiana Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Indiana State Senate and the Indiana House of Representatives in two successive legislative sessions with a general election between them.

2023 legislative session

The constitutional amendment was introduced as House Joint Resolution 1 on January 9, 2023. It was passed in the House on January 31, 2023, in a vote of 99-0 with one member absent. It was passed in the Senate on March 16, 2023, in a vote of 47-0 with three members absent.

Vote in the Indiana House of Representatives January 31, 2023
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	99	0	1
Total percent	99.00%	0.00%	1.00%
Democrat	30	0	0
Republican	69	0	1

Vote in the Indiana State Senate March 16, 2023
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 26  a
	Yes	No	Not voting
Total	47	0	3
Total percent	94.00%	0.00%	6.00%
Democrat	8	0	2
Republican	39	0	1

2022 legislative session

The constitutional amendment was introduced as House Joint Resolution 3 on January 6, 2022. It was passed in the House on January 25, 2022, in a vote of 87-6 with six members absent and one member not voting. It was passed in the Senate on February 17, 2022, in a vote of 46-1 with two members absent and one member not voting.

Vote in the Indiana House of Representatives January 25, 2022
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	87	6	7
Total percent	87.00%	6.00%	7.00%
Democrat	22	6	1
Republican	65	0	6

Vote in the Indiana State Senate February 17, 2022
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 26  a
	Yes	No	Not voting
Total	46	1	3
Total percent	92.00%	2.00%	6.00%
Democrat	8	1	2
Republican	38	0	1

How to cast a vote

See also: Voting in Indiana

See below to learn more about current voter registration rules, identification requirements, and poll times in Indiana.

How to vote in Indiana

Poll times

In Indiana, polls are open from 6:00 a.m. to 6:00 p.m. local time on the date of an election. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Indiana, an individual must be a U.S. citizen who has resided in the precinct in which the individual will be voting for at least 30 days preceding the next election. The individual must be at least 18 years old by the time of the next general or municipal election. Proof of residence is required to register. Registration can be completed online, by mail, or in person. The deadline to register to vote is 29 days before the next election.

Prospective voters can register in person at the following locations:

“

1) a Bureau of Motor Vehicles (“BMV”) license branch while applying for or renewing a driver’s license, permit, or identification card; 2) a public assistance office while applying for services; 3) certain agencies serving persons with disabilities while applying for assistance; 4) armed forces recruitment agencies; 5) county voter registration offices and the Indiana Election Division; and 6) unemployment compensation offices while applying for services. (IC 3-7-14; IC 3-7-15; IC 3-7-16; IC 3-7-19; IC 3-7-18-2; IC 3-7-20.5-1; IC 3-7-20.5-3; IC 3-7-20.5)

”

Automatic registration

Indiana does not practice automatic voter registration.

Online registration

See also: Online voter registration

Indiana has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Indiana does not allow same-day voter registration.

Residency requirements

Indiana law requires 30 days of residency in a precinct before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Indiana does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

Indiana does require voters whose citizenship status cannot be confirmed to submit proof of citizenship under Ind. Code § 3-7-33-4.7 and § 3-7-38.2-7.3.

“

"(b) The NVRA official shall compare the statewide voter registration system with the bureau of motor vehicles list of temporary credentials issued under IC 9-24-11-5(c) or IC 9-24-16-3(f). If evidence exists that a registered voter is not a citizen of the United States, the NVRA official shall notify the county voter registration office of the county in which the individual is registered to vote that the registered voter may not be a citizen of the United States. (c) After receiving a notice under subsection (b), the county voter registration office shall send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. An individual who receives a notice under this subsection shall, within thirty (30) days of receiving the notice, provide proof of citizenship to the county voter registration office in person or by mail. (d) If the individual does not provide proof of citizenship within thirty (30) days of receipt of the notice under subsection (c), the county voter registration office that issued the notice shall cancel the individual's registration."

”

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Indiana Secretary of State website allows residents to check their voter registration status online.

Voter ID requirements

Indiana requires voters to present photo identification at the polls. The following criteria for accepted photo ID was current as of April 2025.

Under Indiana Code 3-5-2-40.5, a voter's photo ID must meet the following four criteria:

1. Must show the name of the voter, conforming to the voter's registration record.
2. Must include a photograph of the voter.
3. Must include an expiration date later than the date of the last general election.
4. Must be issued by the state of Indiana or the U.S. government.

A voter can obtain a free Indiana identification card from the Indiana Bureau of Motor Vehicles.

As of July 1, 2025, an ID issued by an education institution may not be used as voter identification.

Voters who are "indigent, those with a religious objection to being photographed, and those living in state-licensed facilities that serve as their precinct's polling place" can claim an exemption from the voter identification law. If the voter is claiming an exemption based on indigence or a religious objection, the voter can cast a provisional ballot on Election Day and visit the county election office within 10 days to claim the exemption. A voter who is a resident of a state-licensed facility can claim the exemption at the polls on Election Day.

See also

2024 measures

• 2024 ballot measures
• State executive official measures on the ballot

Indiana

• Indiana ballot measures
• Indiana ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Indiana House Joint Resolution 1 (2023)
• Indiana House Joint Resolution 3 (2022)