Dems bank on right-to-work referendum, will return Monday

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Rep. B. Patrick Bauer, D-South Bend, is congratulated by union members as he walks through the halls of the Statehouse after the House again failed to form a quorum in Indianapolis, Friday, Jan. 20, 2012. Indiana House Democratic legislators who are boycotting over a right-to-work bill are being fined $1,000-a-day. (AP Photo/Michael Conroy)

Updated: February 22, 2012 8:03AM

INDIANAPOLIS — The House is set to debate right-to-work legislation next week after House Democrats boycotted the chamber again on Friday but promised their presence on Monday.

House Democratic Leader Pat Bauer said his caucus will return to the floor after he filed an amendment that he said erases any constitutional questions over a statewide referendum.

House Speaker Brian Bosma ordered a third day of $1,000 fines on absent Democrats. However, a Marion County Superior Court judge has issued a temporary restraining order preventing the collection of those fines from 31 House Democrats’ paychecks as of Friday afternoon.

“I can only say it’s my hope that all of our colleagues show up for work on Monday,” Bosma said. “If they don’t, we will continue the process of digging into their pockets and figure out a way to collect it regardless of what one little county court says.”

The amendment was filed early Friday morning, but Bauer said his caucus needed the weekend for the public and House members to understand the referendum.

A nonpartisan agency found that the state Constitution likely doesn’t allow voters to decide directly a state law. The Democrats’ strategy is meant to circumvent constitutional questions surrounding a statewide referendum.

The referendum takes the approach of the bill, if passed by the Indiana General Assembly, taking effect on Nov. 5, the day before the general election.

But whether it will remain law rides on the outcome of a statewide referendum that the amendment places on the Nov. 6 general election ballot. If the referendum is defeated, the law would expire on Nov. 7.

State Rep. Scott Pelath, D-Michigan City, said the Democrats’ new amendment allows for an open vote. 

“It’s always been about eliminating the excuse for Republican members to waiver on the Constitution,” Pelath said, “and say this is why we’re voting against giving the people the voice.”

Bauer said some House Democrats felt the research was meant to “derail” the vote on a referendum.

“We believe it passes the constitutional muster. We also believe the cloud of constitutionality has to be cleared from everybody here,” Bauer told members on the floor, “so when you vote it’s the vote on whether or not people have the right to voice their opinion or not.”