In “Mister Roberts,” [FN1] the Captain sounds the “General Alarm,” but it’s been so long since the crew even drilled, some have forgotten their battle stations.
A law, never used, can present a similar quandary. Indiana has such statute. 1/14

“State Conventions Concerning United States Constitutional Amendments” [FN2] is Indiana’s mechanism to comply w/Article V of the 1787 Constitution. Recently, some have called for a convention. Art V requires Congress to call a “Convention for proposing 2/14

Amendments” if 2/3 of States’ legislatures request it. Amendments from a nat’l convention would be sent back to the States; Congress determines whether 3/4 of States’ legislatures or 3/4 of States’ conventions ratify. [FN3] IN’s statute seems to limit delegates’ vote. 3/14

IN’s statute dates back at least to 1945. [FN4] The statute was recodified, w/o substantive changes, in 1986, [FN5] but changes have been made. [FN6] The statute establishes the number of delegates [FN7], and who can vote for delegates (all registered voters). [FN8] 4/14

A person must petition to be a candidate for convention & state whether, “if elected as a delegate the candidate will vote for or against the ratification of the amendment to be considered by the convention.” [FN9] The candidate must “pledge” how s/he will vote. [FN10] 5/14

Some provisions seem in conflict. A petition “must be signed by at least 500 voters for each delegate nominated.” [FN11] But: “The candidates whose nominating petitions have been signed by the highest number of voters are nominated.” [FN12] 6/14

“The election required by section 1 of this chapter shall be conducted by ballot.” [FN13] The ballots list nominees for ratification in one column and against in a second column. [FN14] No mention is made of several amendments being presented at once. 7/14

And remember, presiding over such a State convention is the Lt Gov. [FN15] After Jan 1, that will be Indiana’s own Christofascist, Micah Beckwith. Anyone who has litigated election cases knows vagueness serves the two major political parties. 8/14

Footnotes:
FN1. “Mister Roberts” (1955), starring Henry Fonda, Jack Lemmon, William Powell and James Cagney.
FN2. I.C. §3-10-5-1, et seq. 9/14

Footnotes:
FN3. Art. V: “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, 10/14

Footnotes:
FN3a. which, in either Case, shall be valid as to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other 11/14

Footnotes:
FN3b. Mode of Ratification may be proposed by the Congress;...”
FN4. See, West’s Annotated Indiana Code, 1997, I.C. §3-10-5-1, pp. 492-93.
FN5. Id.
FN6. E.g., in regard to objections and certifications, “secretary of state” was replaced by “election division” in I.C. §§3-10-5-15, -16, -23, -28 and -29 in 1997. 12/14

Footnotes:
FN7. One delegate per county and in each county with population greater than 20,000, one additional delegate for each additional twenty thousand (20,000) persons in the county, or major fraction thereof. I.C. § 3-10-5-5. (2023)
FN8. I.C. §3-10-5-2. 13/14

Footnotes:
FN9. I.C. §3-10-5-7.
FN10. I.C. §3-10-5-9.
FN11. I.C. §3-10-5-8.
FN12. I.C. §3-10-5-14.
FN13. I.C. §3-10-5-17.
FN14. I.C. §3-10-5-18.
FN15. I.C. §3-10-5-26. 14/14