What else is on the ballot in Indiana on Election Day

Tuesday, October 25, 2016

Beyond the candidates running for local, state and national offices there are two other items on the ballot this year in Indiana.

In Indiana, state judges must stand for a retention election at the first statewide general election after the judge has served for two full years and, if retained, every 10 years thereafter.

Judges on the state Supreme Court, Court of Appeals, or Tax Court are appointed by the governor.

This merit-selection process has been in place for more than 40 years. This year there are two judges who are standing for retention and are on the ballot in Putnam County:

Patricia A Riley and Edward W. Najam Jr. are on the Indiana Court of Appeals and were appointed by former Gov. Evan Bayh. Judge Riley was appointed in 1994 and Judge Najam Jr. was appointed in 1992. More information on these judges can be found at www.in.gov/judiciary/admin/2924.htm.

Also on the ballot this fall is a public question to decide on an amendment to Indiana’s constitution. Indiana only allows the Legislature to propose amendments to the constitution, and only after a measure passes both houses, in two consecutive legislatures (in this case, 2014 and 2015), and with the same wording, can the question proposed be put on the ballot. The exact wording of the question was determined by Senate Enrolled Act No. 57, effective July 1, 2016, and certified for the Indiana ballot on Aug. 9, 2016.

“Shall the constitution of the State of Indiana be amended by adding a Section 39 to Article 1 to provide that the right to hunt, fish and harvest wildlife shall be forever preserved for the public good, subject only to the laws prescribed by the General Assembly and rules prescribed by virtue of the authority of the General Assembly to: (1) promote wildlife conservation and management; and (2) preserve the future of hunting and fishing?”

SEA57 was passed by more than 85 percent of the Senate, and more than 85 percent of the House of Representatives. Eight Republicans were the sponsors. Gov. Mike Pence supports it. The National Rifle Association (NRA) is a major supporter, as is Safari Club International.

Major opponents are the Hoosier Environmental Council; the Humane Society and People for the Ethical Treatment of Animals (PETA).

A constitution provides a framework for the organization of government; establishes the structure needed to amend itself and to make and enforce laws, and sets forth basic tenets of human rights.

Amending a constitution is a serious matter. A legislature makes the laws allowed by the constitution, and the judiciary interprets both. There are a number of laws which already allow hunting, fishing, trapping and managing and controlling wildlife. This proposed amendment says the “right” is subject to the laws adopted by the Legislature – so the question is: Does that make it a basic right, or an activity regulated by law, like driving?

What Indiana citizens need to consider when deciding how to vote on this public question is whether or not these activities should be regulated by law or should they be included in our personal rights in the Constitution of Indiana.

Voting yes on the public question will put this in the Indiana Bill of Rights. Voting no won’t change any existing laws which allow hunting, fishing and trapping.

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