2015 Indiana Code TITLE 2. GENERAL ASSEMBLY ARTICLE 8.2. DELEGATES TO A CONVENTION CALLED UNDER ARTICLE V OF THE CONSTITUTION OF THE UNITED STATES CHAPTER 3. QUALIFICATIONS AND APPOINTMENT OF DELEGATES AND ALTERNATE DELEGATES
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IC 2-8.2-3
Chapter 3. Qualifications and Appointment of Delegates and
Alternate Delegates
IC 2-8.2-3-1
Qualifications; delegates
Sec. 1. (a) An individual must satisfy the following to be
appointed as a delegate to an Article V convention:
(1) The individual must reside in Indiana.
(2) The individual must be a registered voter in Indiana.
(3) The individual must be at least eighteen (18) years of age.
(4) The individual is not registered or required to be registered
as a lobbyist under IC 2-2.1, IC 4-2-7, IC 4-2-8, 2 U.S.C. 1603,
or rules or regulations adopted under any of these laws.
(b) An individual may not be appointed as a delegate if the
individual holds a federal office.
As added by P.L.183-2013, SEC.1.
IC 2-8.2-3-2
Qualifications; alternate delegates
Sec. 2. An individual appointed as an alternate delegate must have
the same qualifications as an individual appointed as a delegate under
section 1 of this chapter.
As added by P.L.183-2013, SEC.1.
IC 2-8.2-3-3
Appointment by general assembly
Sec. 3. (a) Whenever an Article V convention is called, the general
assembly shall appoint:
(1) the number of delegates allocated to represent Indiana; and
(2) an equal number of alternate delegates;
under rules adopted jointly by the house of representatives and the
senate. Unless established otherwise by the rules and procedures of
an Article V convention, it shall be assumed that Indiana has two (2)
delegates and two (2) alternate delegates designated to represent
Indiana.
(b) If the general assembly is not in session during the time during
which delegates to an Article V convention must be appointed, the
governor shall call the general assembly into special session under
Article 4, Section 9 of the Constitution of the State of Indiana for the
purpose of appointing delegates and alternate delegates.
As added by P.L.183-2013, SEC.1.
IC 2-8.2-3-4
Appointment by majority vote of each chamber; pairing of
delegates and alternative delegates
Sec. 4. (a) To be appointed a delegate or an alternate delegate, an
individual must receive, in each chamber, the vote of a majority of all
Indiana Code 2015
the members elected to that chamber.
(b) At the time of appointment, each alternate delegate must be
paired with a delegate as provided in a joint resolution adopted by the
general assembly.
As added by P.L.183-2013, SEC.1.
IC 2-8.2-3-5
Recall; filling a vacancy
Sec. 5. (a) The general assembly may recall any delegate or
alternate delegate and replace that delegate or alternate delegate with
an individual appointed under this article at any time.
(b) The general assembly may fill a vacancy in the office of
delegate or alternate delegate with an individual appointed under this
article at any time. If the general assembly is not in session during a
time in which a vacancy has occurred with respect to both a delegate
and the paired alternate delegate of a delegate, the governor shall call
the general assembly into special session under Article 4, Section 9
of the Constitution of the State of Indiana for the purpose of
appointing a delegate and an alternate delegate to fill the vacancies.
As added by P.L.183-2013, SEC.1. Amended by P.L.205-2013,
SEC.50.
IC 2-8.2-3-6
Joint resolution; method of appointment and recall
Sec. 6. The general assembly shall appoint or recall delegates or
alternate delegates by joint resolution.
As added by P.L.183-2013, SEC.1.
IC 2-8.2-3-7
Reimbursement of expenses
Sec. 7. (a) A delegate or an alternate delegate is:
(1) entitled to receive the same mileage and travel allowances
paid to individuals who serve as legislative members of interim
study committees established by the legislative council; and
(2) not entitled to receive a salary or a per diem instead of salary
for serving as a delegate or alternate delegate.
(b) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, the position of delegate or alternate delegate is not
a lucrative office.
(c) All funds necessary to pay expenses under subsection (a) shall
be paid from appropriations to the legislative council and the
legislative services agency.
As added by P.L.183-2013, SEC.1.
IC 2-8.2-3-8
Oath
Sec. 8. Each delegate and alternate delegate shall, after
appointment and before the delegate or alternate delegate may
exercise any function as delegate or alternate delegate, execute an
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oath in writing that the delegate or alternate delegate will:
(1) support the Constitution of the United States and the
Constitution of the State of Indiana;
(2) faithfully abide by and execute any instructions to delegates
and alternate delegates adopted by the general assembly and as
may be amended by the general assembly at any time; and
(3) otherwise faithfully discharge the duties of delegate or
alternate delegate.
As added by P.L.183-2013, SEC.1.
IC 2-8.2-3-9
Filing of oath
Sec. 9. (a) A delegate's or alternate delegate's executed oath shall
be filed with the secretary of state.
(b) After a delegate's or alternate delegate's oath is filed with the
secretary of state, the governor shall issue a commission to the
delegate or alternate delegate as provided in IC 4-3-1-5(2).
As added by P.L.183-2013, SEC.1.
Indiana Code 2015
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