After passing in the Senate Thursday, House Joint Resolution 3, authored by Rep. J.D. Prescott, R-Union City, would remove the superintendent of public instruction from the line of succession should the Indiana governor and lieutenant governor positions become vacant. Because the change requires an amendment to the state constitution, the resolution must be passed a second time in next year’s session of the General Assembly and then approved by the state’s voters in a referendum before taking effect.

The superintendent of public instruction is the seventh and last possible replacement in the line of succession, but the position no longer exists. It was replaced by the secretary of education role in January 2021 when Gov. Eric Holcomb appointed Katie Jenner into the office. There is not a secretary of education race because it has become an appointed position.

While governors usually serve the entirety of their term, there are some exceptions. Nine lieutenant governors in the state’s history have ascended to the governorship. Most recently, former Lt. Gov. Joe Kernan assumed the duty of former Gov. Frank O’Bannon hours after he died from a stroke in 2003.

It’s been nearly 200 years since the state has had to swear in a backup to the governor’s backup. That happened in 1825 when Senate President Pro Tem James Ray assumed the role.

The chain of command under the law goes as follows: governor, lieutenant governor, speaker of the House, Senate pro tem, treasurer, auditor, secretary of state, and superintendent of public instruction. The latter six are limited to a two-day maximum in office. The General Assembly is required to convene during that timeframe and elect a new governor from the same party as the original governor.

The earliest the change can take place would be 2024 when voters would have the chance to approve the change on their ballots.