When Indiana voters go to the polls on Tuesday, November 5, most of the ballot will appear as expected. Of course, you’ll be asked to make your pick for the next President of the United States. If you’ve been anywhere near a TV or cell phone for the last six months, you know what to expect. You might even have done some research into the candidates for the gubernatorial race: Senator Mike Braun ’76 and Jennifer McCormick.

As you near the end of the list, however, some unexpected questions begin to pop up — questions you likely haven’t thought about one way or another.

In the interest of voter education, let’s break down some of these ballot boxes.

Indiana Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment (2024)

This ballot measure might be shocking at first, especially if you support public education. Why prevent the Superintendent of Public Instruction from potentially assuming the role of governor, even if the position is seventh in line?

The answer is simple: That position no longer exists.

The role was created by Indiana’s original state constitution as an elected office. In January 2021, the office was abolished and replaced with a governor-appointed Secretary of Education. 

(Fun fact: The first three state superintendents were from Crawfordsville, second of whom was Wabash’s own Caleb Mills. Jennifer McCormick, who held the office at the time of its abolition, is currently running for governor of Indiana.)

This amendment unanimously passed the General Assembly with support from Republicans and Democrats. The switch, however, did not account for the removal of the position from the line of succession laid out in the constitution, which can only happen by a popular vote. By voting “yes,” you’d just be helping Indiana legislators do some housekeeping work.

Indiana Supreme Court 

Indiana Supreme Court justices serve for at least two years after being appointed by the governor, then they must face a retention vote at the first subsequent general election. If retained, they will serve for 10 years before they must face retention again. Three such justices (out of five total) stand for retention on this year’s ballot: 

Derek Molter

Molter was appointed by Governor Eric Holcomb (R) in 2022. Recently, Molter authored an opinion (22S-PL-338) upholding Indiana’s near-total abortion ban and finding abortion to not be an “inalienable right.” The decision found women have the right to an abortion to save their lives or avoid serious health risks, but that the General Assembly was within its rights to set narrow regulations.

Mark S. Massa

Massa was initially appointed by Governor Mitch Daniels (R) in 2012 and retained in 2014. One of his most well-known opinions upheld a law restricting who can run for a political party in an election. The case concerned the U.S. Senate bid of egg farmer John Rust, whose voting record did not satisfy the requirement to run on the Republican ticket. “A party… has an indispensable interest in protecting itself against “unaffiliated” people,” the opinion said, “but states also have a legitimate interest in safeguarding parties from forced inclusion of unwanted members and candidates.”

Loretta H. Rush

Rush was also appointed by Daniels in 2012 and retained in 2014. One of her most high-profile opinions backed Holcomb in his dispute with legislative leaders over special session powers. As the opinion explains, “The General Assembly enacted a law that allows it to call itself into emergency session, which the Governor challenges as unconstitutionally co-opting a purely executive function.” 

Indiana Court of Appeals 1st District: 

Peter R. Foley

Foley spent four years as an officer with the Indiana State Police before deciding to become a lawyer. He previously served as a deputy prosecutor and judge in Madison County.

Indiana Court of Appeals 4th District:

Rudolph Pyle III

Pyle’s legal career started in his family’s law firm, representing individuals and small businesses in civil matters. He became a judge in Morgan County in 2014.

Of course, there will be many other races on your ballot, depending on where you live. For more information about what will be on your ballot — no matter where you live — ballotpedia.org is a great resource. Just enter the address where you’re registered to vote, and you can get a sample ballot in seconds, complete with links to voting records, endorsements and more.