The President is both the head of state and head of government of the United States of America, and Commander-in-Chief of the armed forces.
Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress. Fifteen executive departments — each led by an appointed member of the President's Cabinet — carry out the day-to-day administration of the federal government. The President also appoints the heads of more than 50 independent federal commissions, such as the Federal Reserve Board or the Securities and Exchange Commission, as well as federal judges, ambassadors, and other federal offices.
The President has the power either to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses. The Executive Branch conducts diplomacy with other nations, and the President has the power to negotiate and sign treaties, which also must be ratified by two-thirds of the Senate. The President can issue executive orders, which direct executive officers or clarify and further existing laws. The President also has unlimited power to extend pardons and clemencies for federal crimes, except in cases of impeachment.
The Constitution lists only three qualifications for the Presidency — the President must be 35 years of age, a natural born citizen, and must have lived in the United States for at least 14 years. And though millions of Americans vote in a presidential election every four years, the President is not, in fact, directly elected by the people. Instead, on the first Tuesday in November of every fourth year, the people elect the members of the Electoral College. Apportioned by population to the 50 states — one for each member of their congressional delegation (with the District of Columbia receiving 3 votes) — these Electors then cast the votes for President. There are currently 538 electors in the Electoral College.
Today, the President is limited to two four-year terms, but until the 22nd Amendment to the Constitution, ratified in 1951, a President could serve an unlimited number of terms.
The primary responsibility of the Vice President of the United States is to be ready at a moment's notice to assume the Presidency if the President is unable to perform his duties. This can be because of the President's death, resignation, or temporary incapacitation, or if the Vice President and a majority of the Cabinet judge that the President is no longer able to discharge the duties of the presidency.
The Vice President is elected along with the President by the Electoral College — each elector casts one vote for President and another for Vice President. Before the ratification of the 12th Amendment in 1804, electors only voted for President, and the person who received the second greatest number of votes became Vice President.
The Vice President also serves as the President of the United States Senate, where he or she casts the deciding vote in the case of a tie. Except in the case of tiebreaking votes, the Vice President rarely actually presides over the Senate. Instead, the Senate selects one of their own members, usually junior members of the majority party, to preside over the Senate each day.
The duties of the Vice President, outside of those enumerated in the Constitution, are at the discretion of the current President. Each Vice President approaches the role differently — some take on a specific policy portfolio, others serve simply as a top adviser to the President.
The United States House of Representatives is comprised of 435 publicly elected officials responsible for making the laws that affect the lives of every citizen. Together with the United States Senate, representatives help decide many issues, including the federal tax rates, setting the minimum wage, and how to spend the government's money. A representative also has a duty to act as conciliator between the federal government and the district they represent.
In order to be a member of the House of Representatives, candidates must be at least 25 years old, a citizen of the United States for at least seven years and a resident of the state they represent. Indiana’s population determines the number of congressional districts in the state, and each district is represented by one House member; however, House members are not required to live in the district they represent. Representatives serve two-year terms and are not subject to term limits.
Representatives can introduce bills of all kinds to enact into law; but, all laws are required to be passed in both the House of Representatives and the Senate before becoming active. In many cases, laws are originated from one of the many committees on which House members serve. These committees cross a range of responsibilities that include the budget, public safety, foreign relations and the environment. The Constitution also grants the House several exclusive powers: the power to initiate revenue bills, to impeach officials, and to elect the President in case of an Electoral College deadlock.
The United States Senate is a legislative body, established by Article I, Section 1 of the Constitution. U.S. senators, along with members of the House of Representatives, are elected members of Congress, voted to serve by the people of their home state. Each state in the Union elects two individuals to serve in the Senate, regardless of state population, for a six-year term. To be a legal U.S. senator, a candidate must be at least 30 years old, be a U.S. citizen for at least nine years and live in the state in which he or she is elected.
During their time in Congress, senators are assigned to serve on committees, in which they review bills or propose laws. There are 20 committees, 68 subcommittees and four joint committees. Each committee focuses on different topics, including budget, health, education, foreign relations and homeland security. Bills that pass through committee are voted on by senators and then sent to the House of Representatives in order to make into law, or vice versa. Unlike House members, Senators are restricted from proposing laws that increase revenue of the state; however, they can approve, reject, or amend such laws the House passes. The vice president serves as the president of the Senate, and casts a vote only when the Senate must break a tie.
Specific roles of senators can also differ according to their stature and party affiliation. The Constitution also grants certain privileges to the Senate body, including casting confirmation votes for any presidential appointments and the power to impeach the president.
As stated in the Indiana constitution, chief executive power shall be vested in a governor who is “to take care that the laws are faithfully executed.” In Indiana, the governor occupies the position through powers granted directly by the constitution and by statute, and through the powers that stem from the governor’s right to appoint and remove personnel in administrative departments.
A governor serves a term of four years and may serve two consecutive terms; however, the governor may not serve for more than eight years in a 12-year period. Each gubernatorial election is held in the same year as the presidential election. To be eligible for the office of governor, a person must be at least 30 years old and must have been a citizen of the United States and a resident of Indiana for at least five years preceding election.
The governor is commander-in-chief of the state’s military and naval forces and may use them “to execute the laws, to suppress insurrection or to repel invasion.” The governor may recommend legislation to the General Assembly, call special sessions of the legislature and veto any bill passed by the legislature. (A veto may be overridden by a subsequent simple majority vote of the Senate and House.) By constitutional provision, the governor has the authority to fill vacancies in any state administrative office and in the offices of judge, clerk of any court or prosecuting attorney. Additionally, the governor may grant reprieves and pardons to people convicted of crimes.
Some additional powers that the governor exercises include the following:
According to the Indiana constitution, the first function of the lieutenant governor is to preside over the Senate during its sessions and cast deciding votes when necessary. The second function is to act as governor if the governor is unable to perform the duties of office, or to become governor if the office falls vacant.
By Indiana statute, the lieutenant governor is secretary of agriculture and rural affairs, charged with administering the laws relating to agriculture and encouraging farm organization activity. The lieutenant governor also serves as chair of several state bodies, such as the Indiana Housing and Community Development Authority. With the abolishment of the Department of Commerce in 2005, the lieutenant governor also took over leadership of several offices that used to be located within that agency, including the Office of Community and Rural Affairs, the Office of Energy and Defense Development, and the Office of Tourism Development.
Serving the same four-year term as the governor, both the lieutenant governor and governor of Indiana run for office as a team. Candidates for lieutenant governor are nominated at party conventions, and the lieutenant governor must meet the same eligibility requirements as the governor.
The Office of the Secretary of the State is the third-highest office in Indiana state government. The secretary of state is traditionally responsible for certifying and keeping permanent records of official state documents, such as statutes and constitutional amendments, plus proclamations and commissions of the governor. This office also oversees four divisions serving Hoosiers.
The secretary of state serves a four-year term, taking office January 1 following election in November. The secretary may not serve more than eight years in any 12-year period.
The treasurer is the custodian of all state revenues. As the state of Indiana’s chief investment officer, he or she has discretionary power to invest the state general fund and more than 77 trust funds. The treasurer of state invests a portfolio of over $5 billion. The treasurer of state is elected for a four-year term beginning February 10 following election in November. No person is eligible to serve as treasurer for more than eight years in any 12-year period.
The treasurer of state is a member many state boards including the Board of Finance, Indiana Finance Authority, Indiana Community Business Credit Corporation, and the Indiana Heritage Trust Committee.
Other important positions held by the treasurer relate to the Indiana Bond Bank, Indiana Education Savings Authority, Indiana Board of Depositories and the Indiana Wireless Enhanced 911 Advisory Board.
The auditor of state is the chief financial officer of the state of Indiana and has four primary duties: accounting for all of the state’s funds; overseeing and disbursing county, city, town and school tax distributions; paying the state’s bills; and paying state employees.
The state auditor’s term of office lasts four years, starting January 1 following his or her election, and he or she may serve as state auditor for no more than eight years in any period of 12 years.
The auditor’s office contains several important divisions:
In addition to the duties already described, the auditor of state is the plan administrator of the Indiana Deferred Compensation Plan and its Matching Incentive Plan. The auditor also serves as the secretary of the Board of Finance and is a member of the Board for Depositories.
Elected every four years, Indiana’s attorney general represents Indiana in every lawsuit in which the state has an interest unless there is a conflict or legal obstacle to handling the case. The office provides unofficial advisory opinions to the governor, state elected officers and members of the General Assembly. Official opinions are generated to interpret statutes and apply Indiana law to specific questions that may arise. There is no limit on the amount of terms an attorney general can be elected.
The office of the attorney general consists of nine divisions:
Superintendent of public instruction is an office established by the state constitution. The superintendent is elected for a four-year term beginning on the second Monday in January following election in November. There is no legal restriction on successive terms.
The superintendent of public instruction is chair of the state Board of Education and directs the activities of the Indiana Department of Education. As Indiana’s chief school officer, the superintendent plays an important role in developing state educational policy and guiding the direction of education from kindergarten through high school.
The superintendent is also co-chair of the Education Roundtable. In addition, he or she is a member of the Professional Standards Board, the Human Resources Investment Council, the Commission for Drug Free Indiana, the Education Council, the Commission on Community Service and the Adult Literacy Coalition.
According to the Indiana state constitution, the General Assembly is the legislative authority of the state, comprised of a House of Representatives and a Senate. Fifty state senators serve in the General Assembly and are chosen by the electors of the respective districts into which Indiana is divided. Each district must be evenly plotted based on state population and is subject to change after each federal census.
State senators must be at least 25 years old and have been a citizen of the United States for two years prior to candidacy. Additionally, a candidate must have lived within his or her district for at least one year and be a registered voter in the district he or she will serve. Senators are elected to serve a four-year term and are not limited to the number of terms they serve.
Senators select several officers to manage the proceedings. The Lieutenant Governor serves as President of the Senate during each legislative session. Both the majority and minority party have individual floor leaders, whips, and caucus chairmen to handle proceedings and ensure senators are present to vote.
The General Assembly has the power to enact all types of laws not specifically prohibited to it by the state constitution and not in conflict with federal laws and powers (those delegated to the federal government by the United States Constitution). In exercising its powers, the General Assembly has delegated certain legislative powers – those related to the management of local affairs and the levying of local taxes – to county councils, township boards, city common councils and town councils.
According to the Indiana state constitution, the General Assembly is the legislative authority of the state, comprised of a House of Representatives and a Senate. One hundred state representatives serve in the General Assembly and are chosen by the electors of the respective districts into which Indiana is divided. Each district must be evenly plotted based on state population and is subject to change after each federal census.
State representatives must be at least 21 years old and have been a citizen of the United States for two years prior to candidacy. Additionally, a candidate must have lived within his or her district for at least one year and be a registered voter in the district he or she will serve. Representatives are elected to serve a two-year term and are not limited to the number of terms they serve.
The House of Representatives selects several officers to manage the proceedings. A Speaker of the House serves as the highest official and is customarily from the majority party. Both the majority and minority party have individual floor leaders, whips, and caucus chairmen to handle proceedings and ensure representatives are present to vote.
The General Assembly has the power to enact all types of laws not specifically prohibited to it by the state constitution and not in conflict with federal laws and powers (those delegated to the federal government by the United States Constitution). In exercising its powers, the General Assembly has delegated certain legislative powers – those related to the management of local affairs and the levying of local taxes – to county councils, township boards, city common councils and town councils.
County Commissioners hold a wide variety of administrative and executive powers and are organized into a board of 3 commissioners (except in Marion County, where the County Auditor, Treasurer, and Assessor hold these positions). Commissioners are split into individual districts and must be a resident of that district to run, but each commissioner is elected by the entire county. County Commissioners are elected every four years on a staggered basis.
Each county’s Board of County Commissioners meets on a regular schedule that is typically biweekly. County Commissioners also appoint representatives to various county positions such as members of public library boards, alcoholic beverage commissions, and local transportation authorities.
Members of the County Councils are responsible for the fiscal security of the county they serve. Each county council is made up of 4 members who each represent a specific district within the county in addition to 3 at-large members. The four district representatives must reside within that district to be eligible.
Members serve for four year terms. Responsibilities of the county council include:
The auditor is a constitutional officer, elected for a four-year term from the county at large but prohibited from serving more than two terms in 12 years. The auditor serves as secretary of the board of commissioners and county council.
Duties of the auditor as the fiscal officer of the county include keeping the county’s accounts and issuing warrants for the payment of claims following an audit of the expenditure. The auditor is responsible for the preparation and tracking of all budgets for county expenditures, preparation of an annual report accounting for all money spent within the year as well as balancing all county funds with the treasurer on a regular basis.
The auditor is also responsible for the creation of county maps showing land ownership and assessed valuation, maintaining a fixed assets ledger, maintaining ditch records for the collection of fees in counties that collect on drains, and tracking properties sold during a tax sale.
The county assessor is a statutory officer who is elected to a four-year term and is not subject to term limits. He or she functions under the direction of the state board of tax commissioners and is subject to removal by that board. A candidate for the office of county assessor who runs in an election after June 30, 2008 is required to have attained Level II certification. After January 1, 2012, candidates will have to have a Level III certification.
If the county is one of the 22 counties that still have separately elected township assessors, the county assessor advises and instructs the county’s township assessors as to their duties, reviews their returns and has the same powers as a township assessor. The assessor is the county inheritance tax appraiser and represents the state inheritance tax division on issuing consents to transfer property held in joint names. In addition, the assessor oversees a general reassessment in the county and serves as secretary of the property tax assessment board of appeals, which hears appeals on property tax assessments.
The treasurer is a constitutional officer, elected by vote of the county at large for a term of four years, but prohibited from serving more than two terms within 12 years.
The treasurer collects, retains custody of and disburses county funds. The treasurer collects delinquent taxes (including sale of real property for taxes) and is required on a daily basis to enter all judgments paid in the record maintained by the clerk of the circuit court. The treasurer collects local and state general property taxes for all units in the county, inheritance taxes, and tax on capital stock, deposits of banks and trust companies, and capital stock and surplus of building and loan associations. The treasurer is required to annually send each person charged with taxes a statement of the amount of property tax owed.
The treasurer also serves as a member of the county board of finance, treasurer ex officio of the county board of education and treasurer to the board of hospital trustees.
The surveyor is a constitutional officer, elected for a four-year term by the voters of an entire county. There is no restriction upon eligibility for re-election.
The primary duties of the surveyor are to survey and keep records of all section corners throughout the county. The surveyor must supervise all civil engineering work of the county, including construction and maintenance of drains and ditches and of highways, bridges and culverts. The surveyor is authorized to appoint as many deputies and assistants as the work requires, subject to budget limitations and approval of the county council.
The surveyor is also required to prepare, maintain and keep in custody a record book showing maps of each section, grant, tract, subdivision or group of such areas in sufficient detail. This record book is maintained so the approximate location of each legal survey can be shown.
Besides these duties, county surveyors also serve as members of the county drainage board and the county planning commission.
The recorder is a constitutional officer, elected for a term of four years by vote of the county at large, but prohibited from serving more than eight years within a 12-year period.
The chief function of the recorder is to preserve public records, including deeds, mortgages, liens, leases, articles of incorporation and amendments, certificates authorizing foreign corporations to do business within the state, army and navy discharges, bankruptcy notices and other documents. The recorder receives a fee for recording instruments and certificates, which are paid to the county treasury.
The recorder cannot accept recording instruments that do not bear printed, typewritten or stamped names of the people signing them, unless accompanied by an affidavit certifying the correctness of the names represented by the signatures. This rule does not apply to court orders, decrees and judgments, writs, wills, death certificates or instruments executed outside of the state.
The coroner is a constitutional position elected every four years, and he or she must have been a resident within the county for at least one run before assuming the position. County coroners investigate suspicious, threatening, or unusual deaths and serve as the administrator of the death investigation.
The coroner is responsible for filing certificates of death and overseeing the need and implementation of autopsies in relation to the death investigation. Coroners thus work closely with county sheriffs and investigators during death investigations.
The county coroner may also act as the sheriff in an investigation if the sheriff has a personal interest in the case, is incapacitated from serving, or has no chief deputy who can execute his duties. Should a sheriff be jailed, the coroner is responsible for overseeing the jail during the sheriff’s imprisonment.
The majority of Indiana trial courts are superior courts and almost all Indiana counties have superior courts in addition to their circuit court.
For the most part, superior courts have general jurisdiction, so they can hear all civil and criminal cases. Superior courts are also charged with establishing small claims and minor offense divisions. Judges of the Superior Court issue decisions in these types of cases impartially and according to the law and legal precedent.
Judges are required to have law degrees and usually serve terms of 6 years after general election. However, this is not always the case. Exceptions to this form of election include Lake, St. Joseph, Vanderburgh, and Allen Counties. Candidates for judge of any court do not necessarily have to be practicing attorneys, depending on their county.
A Judge of the Circuit Court is responsible for issuing decisions in all types of cases impartially and according to the law and legal precedent of the circuit in which they serve. Circuit courts are vested with unlimited trial jurisdiction in all cases, except where exclusive or concurrent jurisdiction is conferred upon other courts. Circuit courts also have appellate jurisdiction over appeals from city and town courts.
Judges are required to have law degrees and usually serve terms of 6 years after general election.
The prosecuting attorney represents the state of Indiana and prosecutes violators of state statutes in various courts with criminal jurisdiction. As a constitutional officer, a prosecutor is elected in each judicial circuit for a term of four years. The office is not strictly a county office, because the prosecutor is elected for a judicial circuit in the same manner as a judge and must be a practicing attorney.
The prosecuting attorney is authorized to appoint a chief deputy and one or more investigators to help collect and assemble the evidence needed for criminal prosecutions.
In any judicial circuit, the prosecuting attorney and/or deputy may receive supplemental salary from the county or counties served by the circuit. County funds are used to pay the salaries of additional deputies and investigators and the costs of clerical assistance, operating expenses and travel allowances.
The clerk of the circuit court (commonly called the county clerk) is a constitutional officer voted at-large for a four-year term. The clerk is prohibited from serving more than eight years within a period of 12 years. Functions of the clerk include the following:
Other important functions of the county clerk relate to voter registration and the implementation of elections for the county. The clerk is responsible for filing registrations from new or eligible voters. The clerk can appoint and supervises deputy officers which are divided between the two major political parties to help with election tasks and to ensure polling location are ready and accessible for voters.
In addition, the county clerk also has other miscellaneous duties. For example, he or she issues marriage licenses, pays out support monies and issues receipts in dependency cases. The clerk files petitions for court determination of time and place of birth, retains these birth certificate records and sends copies to the department of health. The clerk also administers oaths to appointed officers.
The sheriff is a constitutional officer, elected for a four-year term by vote of the entire county. The sheriff is prohibited from serving more than two terms within 12 years.
The sheriff’s duties, largely prescribed by statute, are as follows:
Another critical statutory duty of the sheriff is to take charge of the county jail and its prisoners. The sheriff may also board prisoners, including those on federal charges or allow jail inmates who are financially responsible for a family to work in private or public employment under certain conditions. Assisting the sheriff is an advisory committee appointed by the sheriff and the judge to help carry out these functions.
In addition, each county is required to have a five-member, bipartisan sheriff’s merit board. This board is created by ordinance or resolution of the county council. Members of the board are appointed by the sheriff, except for two who are elected by members of the county police force. The board administers certain police appointive functions under a merit system.
The trustee is the chief executive officer of the township and must reside in that township. Residents of the township elect the trustee for a term of four years. The trustee’s salary is established by the township board.
The trustee prepares the annual township budget for submission to the township board and has general control over all property belonging to the township. Where applicable, the trustee also serves as chief administrative officer for township schools. Other responsibilities of the trustee relate to poor relief, recreation and fire protection.
Every township trustee has a primary obligation of caring for destitute people who appeal for aid. When a person or family claiming to be poor and in distress seeks aid, the township trustee is obliged to grant relief if the need is verified and residency or intent to establish residency is verified. Such relief includes food, shelter, clothing, utility bills and school lunches.
The trustee has the authority, either independently or in cooperation with a school board, school corporation, city, town or other governmental unit, to establish and sponsor summer recreation programs. The cost is to be paid from civil township funds.
Within funding capabilities, the trustee has wide authority to establish or maintain a variety of community services as well. These include, but are not limited to, programs for the elderly, as well as parks.
The trustee, with the consent of the township board, may purchase firefighting equipment and employ firefighters or may join with the trustee of one or more adjoining townships in providing joint fire protection. The trustee may contract with cities, towns or volunteer firefighting companies to supply fire protection, ambulance service and paramedic programs.
The main function of a township assessor is to establish the value of real and personal property for tax purposes. The assessor also reviews assessments and makes property lists if the township has a population of 35,000 or more or includes a city of the second class (population of 35,000 to 250,000). In 2008, the Indiana General Assembly relieved many township trustees of their property assessing duties and transferred this responsibility to the county auditor. Only 13 townships in Indiana have retained their township assessor since the ruling passed.
The township trustee is assisted by a Township Board whose members are elected to four year terms. Duties of the board include adopting the annual budget, serving as a board of finance and approving township contracts. In January of each year, the trustee presents to the board an annual report showing the receipts, expenditures, investments and debts of the township. The township board is also able to authorize a tax levy rate necessary to generate the amount the township board determines is needed for township functions.
The mayor, elected by popular vote of the entire city for a term of four years, is the chief administrative and executive officer of the city. The mayor serves as chairman of the common council in cities of the third class.
A mayor’s duties include the following:
Members of town or city councils serve as voting members of the legislative branch of local government. Members of these councils are responsible for adopting budgets, levying taxes, and authorizing financial appropriations to fund city operations.
Councilors are responsible for proposing as well as enacting local laws and city ordinances. The councils also appoint members to a variety of boards and commissions that serve the community interest.
Council members represent a district within their city or are elected at-large, and district information can be found through the town or county clerk’s office. Elections for members of the legislative bodies typically take place every four years, but the year varies according to location.
In Indiana, every city (except Indianapolis) must elect a clerk or clerk-treasurer by popular vote for a four-year term. In Indianapolis, the clerk is appointed for a one-year term and serves at the pleasure of the city-county council. In third-class cities, the office of the clerk is included in that of the clerk-treasurer.
The duties of the clerk include the following:
In cities of the second class, the clerk also serves as clerk of the city court. In this capacity, the clerk is empowered to administer oaths, issue processes and affix the seal of the court to documents of that court. In third-class cities, the clerk-treasurer is authorized to appoint the number of full-time and part-time employees, subject to approval by the common council, for the operation of his or her office. Furthermore, in all counties, a city clerk or clerk-treasurer may perform marriages.
The primary function of the Clerk-Treasurer, a four-year elected official, is to serve as the fiscal officer of a city. The Clerk-Treasurer’s responsibilities include, but are not limited to:
Clerk-Treasurers combine many of the functions of the separate clerk and treasurer positions in larger cities. They may also be responsible for issuing a variety of municipal licenses, including business registration licenses, taxi cab licenses, and building or demolition permits. The Clerk-Treasurer also holds records of all public documents for citizens to review and responds to requests for copies of those records.