After the posting of my piece urging readers of this blog to contact Governor Eric Holcomb’s office, asking that he veto HB 1338, many have commented on how gubernatorial vetoes work under the Indiana constitution.

In many states, and under our federal constitution, a veto of legislation passed by a state legislature or the U.S. Congress requires a larger majority in each house to override that veto.  Indiana, and a few other states, have a different system.

Let’s say Governor Holcomb decides to veto HB 1338.  It would take a simple majority vote by both houses of the General Assembly to override that veto.  In other words, even if all state legislators just voted as they did the first time, the veto would be overridden and HB 1338 would become law.

I know all that.  I would point out that the provisions in HB 1338 weakening the Public Access Counselor’s office were slipped into the bill as a committee amendment in the waning days of the session.  There was very little notice to the public this was happening.

If Governor Holcomb vetoes this bill due to public pressure, members of the legislature would be less likely to override the veto.  No guarantee, but a possible outcome if the public responds.

I believe it is worth the risk to urge the governor to veto this legislation.  If that happens, the second phase would be to let members of the General Assembly know where the public stands on this issue.

Also, State Representative Victoria Garcia Wilburn, (D-Fishers), voted against HB 1338.  Here is her statement as to why:

“Sunshine, transparency and open access all make for healthy government, and right now, we have proof that our current processes work. Last summer, several Hamilton East Public Library board members were accused of violating the Open Door Law. When this happened, I had full confidence in the public access counselor to evaluate whether the majority of a HEPL board subcommittee convening at a coffee shop was a violation of the transparency statute. In the end they were found to have violated the statute, but public confidence was restored because the public knew there were enforced standards to maintain government transparency. This bill will erode that confidence. Once again, the Indiana General Assembly is overstepping into local matters that are already being handled appropriately.

“I voted against House Bill 1338 because all Hoosiers benefit when we have someone looking out for the public’s best interest without having to worry about blowback or retaliation for opinions issued in good faith.”

I believe Representative Garcia Wilburn is correct.

Once again, if you agree that HB 1338 is bad law, contact Governor Eric Holcomb (information at this link) and urge him to veto HB 1338.