SB 210

                                                *SB0210.1*
                                                                January 13, 2026
           SENATE BILL No. 210
                 _____
   DIGEST OF SB 210 (Updated January 12, 2026 11:46 am - DI 149)
Citations Affected: IC 2-8.2.
Synopsis: Article V convention of the states compact. Adopts the
compact for a safe and equal convention of the states. Specifies
compact requirements. Provides that each state that adopts the compact
intends to ensure that the following rules are followed at a convention
under Article V of the Constitution of the United States: (1) All voting
is conducted on the basis of one-state, one-vote. (2) The convention
shall not consider any proposed amendment on any topic other than the
topics or subjects specifically enumerated in the applications of 2/3 of
the several states which formed the basis for the call of the convention.
Effective: July 1, 2026.
                             Holdman
   January 8, 2026, read first time and referred to Committee on Elections.
   January 12, 2026, amended, reported favorably — Do Pass.
SB 210—LS 6837/DI 144
                                                                             January 13, 2026
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   SENATE BILL No. 210
    A BILL FOR AN ACT to amend the Indiana Code concerning the
 general assembly.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 2-8.2-6 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]:
4    Chapter 6. Compact for a Safe and Equal Convention of States
5    Sec. 1. For purposes of this chapter, "compact" means the
6 compact for a safe and equal convention of the states adopted
7 under section 7 of this chapter.
8    Sec. 2. For purposes of this chapter, "commission" means the
9 formal resolution, enactment, or other document that:
10      (1) sets forth the identity of a state's delegates to a convention;
11      (2) establishes the delegate's credentials; and
12      (3) provides specific instructions as to how delegates shall vote
13      or otherwise perform their duties at the convention.
14    Sec. 3. For purposes of this chapter, "convention" or
15 "convention of the states" means a convention called by the
16 Congress of the United States under its mandatory, ministerial
17 duty under Article V of the Constitution of the United States upon
 SB 210—LS 6837/DI 144
                                    2
1 receiving applications for a convention to propose amendments on
2 a particular topic or topics from two-thirds (2/3) of the several
3 states.
4     Sec. 4. (a) For purposes of this chapter, "state" means one (1) of
5 the several states of the United States.
6     (b) In the context of Article V, the state may only act through its
7 state legislative body. No other official or agency, including the
8 governor of any state, may take any action for the state as it
9 pertains to the exercise of Article V power, which is a matter
10 reserved by the text of the Constitution of the United States
11 exclusively for the legislature of each state.
12     Sec. 5. (a) For purposes of this chapter, "member state" means
13 a state that has adopted the compact through resolution or another
14 legislative vehicle that the state normally employs when it exercises
15 power under Article V of the Constitution of the United States to
16 apply for a convention of the states or to ratify a proposed
17 amendment to the Constitution of the United States.
18     (b) For a state to qualify as a member state with respect to any
19 other state under the compact, each state must have adopted and
20 agreed to be bound by substantially identical compact language.
21     Sec. 5.5. For purposes of this chapter, a reference to a
22 "delegate" means a "commissioner" as defined by IC 2-8.2-2-5.
23     Sec. 6. The general assembly finds the following:
24(1) The founders of the Constitution of the United States
25empowered state legislatures to be guardians of liberty by
26giving state legislatures the power to propose amendments to
27the Constitution of the United States by calling for a
28convention of the states whenever two-thirds (2/3) of the states
29apply for a convention for the same topic or purpose.
30(2) The legislatures of each state have the sole power and
31discretion to name their delegates and to give them
32instructions as may be necessary and lawful.
33(3) The history surrounding the ratification of the
34Constitution of the United States and the first uses of the
35states' Article V power clearly demonstrate that said
36assemblies were described as a convention of the states.
37(4) It is inherent in the nature of a convention of the states, as
38a meeting of equal sovereigns, that the states vote on the basis
39of equality.
40(5) The agreement between the states concerning the subject
41matter of a convention of the states is demonstrated by
42two-thirds (2/3) of the several states applying for a convention
 SB 210—LS 6837/DI 144
                                   3
1for the same purpose or topic.
2(6) Litigation surrounding the attempt by the Congress of the
3United States to change the deadline for the ratification of the
4proposed Equal Rights Amendment has established a clear
5rule that once a given phase of the Article V amendment
6process has been completed, its product cannot be altered.
7(7) The Supreme Court of the United States has recognized
8that states have the inherent power to form agreements
9between themselves for mutually beneficial purposes.
10(8) The Compact Clause in Article I, Section 10, Clause 3 of
11the Constitution of the United States affirms the sovereign
12power of the several states to enter into binding, enforceable
13agreements.
14(9) The Supreme Court of the United States has repeatedly
15affirmed that an interstate compact does not require
16congressional approval "if it does not impermissibly enhance
17state power at the expense of federal supremacy".
18(10) The Congress of the United States has no power to name,
19control, or instruct any state's delegates to a convention of the
20states.
21(11) The Congress of the United States has no power to
22change the inherent rule that all voting at a convention of the
23states shall be on the basis of the equal sovereignty of the
24states, namely one-state, one-vote.
25(12) The Congress of the United States has no power to
26designate topics for a convention of the states, but rather has
27a ministerial duty to call the convention upon receipt of
28applications from two-thirds (2/3) of the several states for a
29convention to propose amendments on the same topic or
30subject.
31(13) The member states to the compact wish to affirm the two
32(2) inherent rules so that all states will be empowered to
33exercise their Article V power to apply for a convention with
34assurance that the topic or subject matter of the convention
35may not be changed by the Congress of the United States, any
36state, or the convention itself, and that states will vote as
37states, enjoying equal suffrage at the convention.
38(14) The compact is applicable to any convention of the states
39no matter the topic or subject for which it is called.
40     Sec. 7. The compact for a safe and equal convention of the states
41 is adopted for the purpose of entering into a binding agreement
42 between the State of Indiana and other member states to instruct
 SB 210—LS 6837/DI 144
                                   4
1 their delegates to any convention of the states called by the
2 Congress of the United States under Article V of the Constitution
3 of the United States in accordance with this chapter.
4    Sec. 8. (a) Each state that adopts the compact and agrees to be
5 bound by the compact intends to ensure that at any convention of
6 the states, called for any purpose, that the following two (2)
7 inherent Article V convention rules are followed without exception:
8(1) All voting is conducted on the basis of one-state, one-vote.
9(2) The convention shall not consider any proposed
10amendment on any topic other than the topics or subjects
11specifically enumerated in the applications of two-thirds (2/3)
12of the several states which formed the basis for the call of the
13convention.
14    (b) In consideration of the mutual promises and obligations
15 expressed by each member state, it is firmly resolved and adopted
16 by every state approving the compact that the state agrees to be
17 bound by the compact notwithstanding any law to the contrary.
18    Sec. 9. (a) Each state shall instruct and bind each member of its
19 delegation to a convention to vote for and take any and all
20 appropriate action necessary to ensure the adoption of and faithful
21 compliance with the following three (3) rules for a convention of
22 the states:
23(1) All voting at any convention shall be on the basis of
24one-state, one-vote.
25(2) No proposed amendment to the Constitution of the United
26States may be introduced, reviewed, debated, or adopted if it
27is outside the scope of the topic or subject established by the
28applications of two-thirds (2/3) of the several states which led
29to the calling of the convention by the Congress of the United
30States.
31(3) This subsection may not be amended, repealed,
32overridden, or otherwise avoided in any manner by any other
33motion, action, rule, or vote by the convention or by a ruling
34of the presiding officer.
35    (b) Nothing in this chapter limits the power of a state to instruct
36 or bind its delegation in any other manner not inconsistent with
37 this chapter.
38    (c) Nothing in this section prohibits a state from adopting other
39 legal sanctions, penalties, or punishments for any delegate who acts
40 unfaithfully in violation of the delegate's duties, instructions, or
41 other obligations.
42    Sec. 10. (a) The commission of each member state delegate
 SB 210—LS 6837/DI 144
                                   5
1 must:
2(1) include the member state's instructions to the delegate to
3vote for and take any and all appropriate action necessary to
4ensure the adoption of and faithful compliance with the rules
5set forth in section 8(a) of this chapter;
6(2) explicitly list the rules set forth in section 8(a) of this
7chapter; and
8(3) state that any action taken by the delegate in violation of
9section 8 of this chapter is void as an ultra vires action,
10according to common law principles of agency.
11    (b) Upon receiving his or her commission, each delegate shall
12 sign an oath that includes an acknowledgment that the delegate is
13 subject to immediate removal from the state's delegation by the
14 legislature if said delegate fails to comply with section 8 of this
15 chapter in any manner.
16    Sec. 11. The compact enters into force when twenty-six (26)
17 states have adopted the compact.
18    Sec. 12. (a) Except as provided in subsection (c), a state may
19 withdraw from the compact if it provides twelve (12) months'
20 notice to the presiding officers of both houses of the legislatures of
21 all member states. This notice requirement applies even if the
22 compact has not entered into force.
23    (b) Withdrawal under subsection (a) may be accomplished only
24 through the same form of legislative action that was employed for
25 the initial adoption of the compact.
26    (c) A member state may not withdraw from the compact after
27 the date of the passage of the thirty-fourth application for a
28 convention of the states on the same topic or subject.
29    Sec. 13. Each member state expressly waives sovereign
30 immunity for an action by any other member state to enforce the
31 compact in any court with lawful jurisdiction of the subject matter.
32    Sec. 14. The principal clerk of the house of representatives shall
33 transmit duly authenticated copies of the compact to the presiding
34 officers of each house of the legislatures of all sister states. As a
35 courtesy, the principal clerk of the house of representatives shall
36 transmit duly authenticated copies of the compact to the presiding
37 officers of each house of the Congress of the United States.
 SB 210—LS 6837/DI 144
                              6
                  COMMITTEE REPORT
   Mr. President: The Senate Committee on Elections, to which was
referred Senate Bill No. 210, has had the same under consideration and
begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
   Page 2, between lines 20 and 21, begin a new paragraph and insert:
   "Sec. 5.5. For purposes of this chapter, a reference to a
"delegate" means a "commissioner" as defined by IC 2-8.2-2-5.".
and when so amended that said bill do pass.
   (Reference is to SB 210 as introduced.)
                                          GASKILL, Chairperson
Committee Vote: Yeas 7, Nays 2.
SB 210—LS 6837/DI 144