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Wednesday, April 22
The Indiana Daily Student

Lt. Gov. Kernan might be sworn in as next governor of Indiana within next couple days

INDIANAPOLIS -- Indiana Lt. Gov. Joseph Kernan rode with Gov. Frank O'Bannon in an ambulance to Northwestern Memorial Hospital in Chicago early Monday after the governor suffered a cerebral hemorrhage in his hotel room. Shortly after arriving at the hospital, Kernan left for the airport where he was flown back to Indianapolis by a helicopter.\nThough a colleague and friend of Gov. O'Bannon, Kernan had to leave the governor's side to fulfill his duties as the state's second in command. \nUnder Article 5 section 10 of the Indiana state constitution, if the governor is unable to discharge the powers and duties of his office, the lieutenant governor is called upon to discharge the powers and duties of the office as acting governor. This is also known as the "common sense" provision.\nDuring a press conference Monday afternoon, Kernan said he met with Indiana Supreme Court Chief Justice Randall Shepard, State Senate President pro tempore Robert Garton, House Speaker B. Patrick Bauer and Attorney General Steve Carter earlier in the day and agreed to enact the "common sense" provision as the most appropriate step to take at the moment. Kernan said they all agreed more information must be provided before further action is considered. \nAccording to the Indiana Constitution, the governor must hand in a written declaration that he is unable to execute the powers and duties of his office to the president pro tempore of the Senate and the speaker of the House. In the event the governor is unable to give such a declaration due to incapacitation, the president pro tempore of the Senate and the speaker of the House must file a written statement to the Indiana Supreme Court requesting permission for the lieutenant governor to assume the position of acting governor. The Supreme Court must decide within 48 hours of the request, and its decision cannot be appealed.\nIn both scenarios, the governor can submit a written declaration when he is capable of performing his duties again. The Supreme Court then has another 48 hours to make a decision concerning his reinstatement.\nThe "common sense" provision, much like Article 25 in the U.S. Constitution, sparks memories of when former Vice President George H. W. Bush served as acting president when Ronald Reagan was shot on March 30, 1981.\nIU political science professor Edward Carmines said Indiana's political arena would not be dramatically affected by a switch of power from O'Bannon to Kernan.\n"State politics would not be severely affected because O'Bannon has already served two terms and that is the limit in the state of Indiana," Carmines said.\nState Representative Matt Pierce, D-Bloomington, said talk about a "shifting of power" from O'Bannon to Kernan is premature and the current situation is no different than if the governor were to leave the country for a few days. Pierce also said the current situation will not affect the Indiana General Assembly because it is not in session is not scheduled to convene again until January 2004.\n-- Contact staff writer Christina Galoozis at cgaloozi@indiana.edu.

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