IC 3-10-5
    Chapter 5. State Conventions Concerning United StatesConstitutional Amendments

IC 3-10-5-1
Ratifying convention; election of delegates
    Sec. 1. Whenever the Congress of the United States proposes anamendment to the Constitution of the United States and proposes thatit be ratified by conventions in the several states, the governor shallfix, by proclamation, the date of an election to elect the delegates tothe 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 bythe appropriate official from the Secretary of State of the UnitedStates. If a general election occurs within this period, the specialelection shall be held at the same time and by the same electionofficers 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 electionrequired 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 electionrequired by section 1 of this chapter shall be conducted and theresults ascertained, canvassed, and certified in the same manner asan election of governor. All of the other provisions of this title applyto 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 electionrequired by section 1 of this chapter. The precinct election officersconsist of one (1) inspector and two (2) poll clerks to be appointedby the county election board at least ten (10) days before theelection. These officers have the same powers and duties as otherprecinct election officers and receive the same pay that precinctelection 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 theconvention prescribed by section 1 of this chapter. In addition, eachcounty having a population greater than twenty thousand (20,000)

shall elect one (1) additional delegate for each additional twentythousand (20,000) persons in the county, or major fraction thereof.The governor shall determine the number of delegates to which eachcounty is entitled under this section and shall include the number inthe 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 thischapter 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 conventionheld under this chapter must be by petition. Before the candidate'sname is placed on a petition, the candidate must file in the office ofthe circuit court clerk of the county in which the candidate resides adeclaration stating the candidate's name, the candidate's residenceaddress with the street and number (if any), and whether if elected asa delegate the candidate will vote for or against the ratification of theamendment to be considered by the convention. The circuit courtclerk may not accept a petition containing the name of a candidatewho 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 maynominate any number of candidates, but not more than the totalnumber of delegates to be elected from the county. A petition mustbe signed by at least five hundred (500) voters for each delegatenominated.
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 mustcontain the candidates' names, the candidates' residence address withthe street and number (if any), and a declaration and pledge that eachcandidate will, if elected, vote for or against ratification at theconvention.
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 notcontain the name of a candidate whose position as stated isinconsistent 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 infavor of ratification and a petition for a candidate opposed toratification.
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 thecircuit court clerk no later than noon thirty (30) days before the dateof the election. The clerk shall preserve the petitions and make themavailable 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 beensigned by the highest number of voters are nominated. Ties shall beresolved by lot drawn by the commission. If a written objection is notfiled with the circuit court clerk no later than noon ten (10) days afterthe 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 ismade, the clerk shall immediately certify the objection and thepetition to the election division. The commission shall consider theobjection, 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 petitionshave been filed with the circuit court clerk, the clerk shall certify thenames 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 beconducted by ballot. The ballot must state first the substance of theproposed constitutional amendment, followed by appropriateinstructions to the voters. The ballot then must be in the formprescribed by the commission. The names of the nominees in favorof ratification shall be placed in the column headed "ForRatification". The names of the nominees against ratification shall beplaced 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 shallbe arranged so that a voter may, by making a single voting mark, votefor 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 inseries equal to the total number of delegates to be elected. The namesof the candidates shall be arranged in alphabetical order in the firstseries of ballots printed. On the next series printed the first nameshall be placed last, and the process shall be repeated in the samemanner until each name has been first. The ballots shall then becombined in tablets with no two (2) of the same order of namestogether, except where there is but one (1) candidate in each columnand 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 morevoting 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, eachcircuit 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 bysection 1 of this chapter, the vacancy shall be filled by majority voteof the delegates from the county in which the vacancy exists. If theconvention does not have another delegate from that county, thegovernor 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 chaptershall meet in convention in the chamber of the Indiana house ofrepresentatives on the third Monday following the election at 2 p.m.to pass upon the question of whether or not to ratify the proposedconstitutional amendment. A majority of the delegates elected to theconvention 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 toorder. A justice of the supreme court shall administer the oath ofoffice.
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 itsmembers;
        (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 ofratification of the proposed constitutional amendment shall berecorded.
    (b) Upon final adjournment the journal shall be filed with theelection 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 theproposed constitutional amendment by majority vote of the delegateselected to the convention, the president and secretary of theconvention shall execute a certificate to that effect and transmit thecertificate to the election division.
    (b) The secretary of state shall transmit the certificate under theofficial 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 constitutionalamendment, Congress, either in the resolution submitting theamendment or by statute, prescribes the manner in which theconventions are to be constituted and does not except from theresolution or statute states that have provided for conventions, thischapter is inoperative and the convention shall be constituted andoperate as the resolution or statute directs. Each public official of thisstate who is authorized or directed by the resolution or statute to takeaction to constitute a convention for this state shall act in accordancewith it as if acting under a statute of this state.
As added by P.L.5-1986, SEC.6.