IF you comb through the Indiana Constitution, there are just a handful of times the term “special session” is mentioned.
In those articles, there are specific instances when the Indiana General Assembly can be called in by the governor, such as when the lieutenant governor’s office is vacated or if the legislature overrides the governor’s veto of a bill.
Despite the clear-cut rules outlining how the governor is the only one who can call a special session, lawmakers are fighting to change the framework of the state’s constitution.
Upset with how Gov. Eric Holcomb has used his powers during the pandemic, Republicans in both the House and Senate have supported legislation giving the General Assembly the ability to call itself in for a 40-day emergency session if a governor declares a statewide emergency.
In addition, House Bill 1123 would give lawmakers more oversight when it comes to spending federal monies allocated to the state. On Monday, the bill was passed both in the House (64-33) and Senate (37-10).
Last week, Holcomb said he would veto the bill when it gets to his desk. If that’s the case, the General Assembly could override the veto and take Holcomb to court.
Legal experts have supported Holcomb’s opinion that HB 1123, and related bills, are unconstitutional.
Those experts are right, and lawmakers are wasting their time trying to change the playbook.
While we haven’t agreed with all of Holcomb’s mandates, he has operated well within the bounds of his position.
Giving lawmakers more power would further complicate the efficiency and speed of which decisions are made during an emergency.
There are plenty of issues that the General Assembly is tacking on this session, but spending time and money on stripping gubernatorial emergency powers shouldn’t be one of them.
