A Modest Proposal to Fix our Elections

Before you say that resolutions are lame, there are three objectives to this proposal:
1. See just who would vote for fair play, and, not insignificantly, constitutional rule of law. Will they honor their oath of office and keep on their side of the constitutional fence, or are they tribalist hacks?
2. Publicly acknowledge divisive past mistakes, and set a better direction for the state.
3. Most importantly…raise awareness that our elections are unfair, unconstitutional, and unsustainably costly in every way. Most voters HAVE NO IDEA how corrupt and !@#$%?- up our laws really are.

We really can fix this. But first, we need to see a fundamental problem. Read on…

HOUSE CONCURRENT RESOLUTION No. __

Whereas, Article I, Section 23 of the Indiana Constitution specifies that “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens,” and Amendment XIV of the Constitution for the United States of America clearly specifies that “No State shall …deny to any person within its jurisdiction the equal protection of the laws;”

Whereas, Article I, Section 25 clarifies that “No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution,” and Indiana Code clearly subsumes itself under both state and federal constitutions in IC § 1-1-2-1;

Whereas, Indiana Code § 3 has over time, created special classes of citizens, with a hierarchy of ballot access and political affiliation rules, varying privileges, limitations or immunities, which, upon the same terms, do not equally belong to all citizens;

Whereas, examples of special class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens are found in IC § 3-5-1-2, IC § 3-5-2-5.5, IC § 3-5-2-30, IC § 3-5-3-7, IC § 3-6-4.1-2, IC § 3-10-1-2;

Whereas, these special classes of citizen with hierarchical rights, privileges, limitations and immunities present under Indiana Code § 3 violate both state and federal constitutional rule of law, as well as fundamental principles of fairness and equality under law;

Be it resolved by the House of Representatives of the General Assembly of the State of Indiana, the Senate concurring:

SECTION 1. That the Indiana General Assembly recognizes both the errors made, and damages caused, by past legislation that inherently created corruption, division and opposing factions.

SECTION 2. That the Indiana General Assembly resolves to remedy violations of individual rights and transgressions of constitutional rule of law present under Indiana Code § 3 by appropriate legislation, to allow fair and equal campaign, ballot, party and election rules for all Hoosiers.