SummaryHouse Bill 1005 clarifies that for the purposes of the Indiana Constitution the office of Notary Public is not considered a lucrative office. Thus, as a result of this new law, Notaries Public can hold other public offices in the state at the same time without violating the Indiana Constitution.
AnalysisArticle II, Section 9 of the Indiana Constitution states: “No person holding a lucrative office or appointment under the United States or under this State is eligible to a seat in the General Assembly; and no person may hold more than one lucrative office at the same time, except as expressly permitted in this Constitution. Offices in the militia to which there is attached no annual salary shall not be deemed lucrative.” The Indiana Attorney General explains the issue of holding “lucrative” offices in the state of Indiana: “Under Indiana law, some government officials may not legally serve in more than one public service position at any given time. The holding of two lucrative offices may result in the constitutional violation commonly referred to as “dual office holding.” Further, even if serving in two positions does not result in a constitutional dual office violation, it may violate the constitutional doctrine of separation of powers, create a conflict of interest or public policy concern, or be prohibited by another federal, state or local law” (Dual Office Holding Guide). Previously, this prohibition was applicable to Notaries Public. House Bill 1005 clarifies that for the purposes of the Indiana Constitution the office of Notary Public is not considered a lucrative office. Thus, as a result of this new law, Notaries Public can hold other public offices in the state at the same time without violating the Indiana Constitution.
Read House Bill 1005.