(Music plays) >> Indiana's public access counsellor weekend.

A new poll in the Indiana governor's race.

Plus a bill restricting the Governor's emergency authority and more.

From the television studios at WFYI it is Indiana Week in Review for the week ending March 8, 2024.

>> Indiana Week in Review is made possible by the supporters of Indiana public broadcasting stations.

>> This week, Indiana's public access counsellor could see a significant shift in duties under a bill that is headed to Governor Eric Holcomb's desk.

>> The counsellor provides advice and assistance on the public access laws.

They also issue advisory opinions related to those laws.

The bill would combine interpretations to the plaintext of the law when issuing opinions.

Republican Senator Scott Baldwin supports it.

>> I think all we are trying to do here is provide some direction so that he has, you know, the ability to do his job without having to take major leaps and bounds on interpreting gaps in code.

>> Gerry Lanosga, an associate professor of journalism at Indiana University told WFYI if the bill becomes a law, that it could create a chilling effect on what the office can do.

He said public access laws are meant to be interpreted broadly and could require the counsellor not to do something that the laws explicitly tell him to do.

>> Where did this provision, aimed at the public access counsellor come from?

It is the first question for our Indiana Week in Review panel.

Democrat Ann DeLaney, Republican Mike O'Brien, outside Boyd, editor-in-chief of "Near a Indie" and Niki Kelly, editor-in-chief of the Indiana capital Chronicle.

I am Brandon Smith.

Ann DeLaney, a Republican but up on the house floor, talking about this bill when it came back over to the house and said, "Well, you don't really listen to the public access counsellor anyway. "

so why are we doing this?

(Laughter) >> That's a good question!

They just threw this in at the last minute.

You know, it was supposed to be all about transparency.

This is to take transparency away, is what it is designed to do.

I mean, Republicans have absolute control of state government and they don't want people to know what's going on!

And they don't want people to know some of their commissioners or legislators or somebody else is meeting and what is not kosher according to the open records, open to the meetings law.

>> Door lock, yes.

>> Door lock yes, excuse me.

It's reprehensible that they are doing this in the way they are doing this.

I mean, there is nothing people who rely on the public access count.

And they do rely on him to be a watchdog when bad things are happening and expose them.

Thinks Frank O'Bannon put this provision in the law decades ago, every governor has done it.

Every governor has mostly kept the same public access person.

And now, we want to change that.

And it won't take away his four-year term for sake can now take away -- serve at the pleasure of the Governor so if some decision is made to the Governor doesn't like, he can just be removed.

>> Yes, I feel like that part of this change is not getting as much attention as the changes to the duties of the office which is, is that arguably more troubling in that you are now making this at the whim of the governor?

And if we have a governor who decides I don't like what you said there, gone?

What will that say for that office?

>> Well I think what it says is that if you have someone serving the state governor and they don't like you are addressing co-but, you're out of here.

Could replace you with someone who's not doing those things.

So I think the argument was let's bring this office in line with every other office that has the same or more serious duties.

You know, it's a balance, right?

I mean, one of only four states that has a public access calendar.

One of only two words actually sitting in state government and not under the AG or some other law enforcement type.

The agency.

So what you have is the legislature in those 46 other states laying out the boundaries of what is public access.

What's in the open door lock?

What is how transparent should all of this be?

So the dynamic you have an Indiana is you have desk public access counsellor that kind of sit independent of state government and then a legislature sees a decision that is made and says "We didn't mean that. "

and they come in and tighten that up and their argument is, there is a balance between transparency and speed.

Like, if you're going to require specially local governments to go through all these different steps that we never intended them to go through because we think the elected official meeting should certainly be public, but the staff meeting shouldn't.

So there were some decisions and applications and that that I think the legislature is trying to address but I understand the hyperbole around transparency fall stopped >> But it's not hyperbole!

>> I want to say this, the public access counsellors opinions are advisory only!

>> What do you care?

They will continue to not listen a crack >> Exactly!

They carry no force and effect of law.

Why are we getting why are some Republicans so worked up about public access?

>> Because they are doing things that are wrong!

>> Thank you, Anna!

(Laughter) >> I mean yes, why are they getting worked up?

It seems like there are things going on they don't want people to go up -- know about.

That's what it seems like.

I don't know if that happening for sure.

But it seems like very much a moot point to have this argument, disagreement, and be worried about this bill.

It's very strange to me, but as someone who works in media, I'm very concerned when I see anyone dealing with the public access counsel and trying to take away powers that this person really doesn't have much power to begin with.

It is just advisory so therefore were not really beholden to what this person says.

It is an advisory position of this is what you should do.

And I find this position is very helpful.

We often have questions about what can we do, can we get into this meeting?

Should this be open?

Should we be allowed to be in here?

Especially as new reporters and new editors come in and just also the public in general has questions and they are built often know they are allowed to be in things.

I can think about when the library board moved a meeting from the public and that it went to another and it closed doors and it was like, can we do that?

No, you couldn't do that.

But the public access counsellor helps you to understand what the rules are and what you can and can't do.

>> Nikki, we don't often talk about process but sometimes process is important.

And this particular issue, is there an irony in the way this was done?

>> Yes, I mean, the process is terrible to we could talk about the policy obviously will like you are saying, well, maybe issues are ruling and they disagree with it.

Fine, you can come back and say we don't agree with that ruling.

That's fine.

But hat's not what they did here.

They also did it >> It is what they did there but they just didn't agree or do it very quickly fall (Laughter) >> If you just simply agreed with his opinion, you didn't have to mess with this term.

That's complete a disingenuus fall to the fact is with 11 days left, they introduced an amendment.

No notice to the public that suddenly some but -- public access counsellor.

So they say well, we had a hearing.

Yes, you had a hearing on the underlying bill so no one knew that you were going to strip the public access counsellor of powers in this.

So you didn't really have a hearing, really.

So stop acting like you did.

>> Alright, a new poll released this week shows Mike Braun leading Indiana gubernatorial primary with nearly 34% support fall top all of the other candidates are in single digits.

>> The poll was conducted by Emerson College and commissioned by Nextar Media which owns Fox and CBS affiliates in Indianapolis.

There were 526 people in the poll who say they will vote in the GOP primary this may and after Brown, Suzanne Crouch is next with a little over 7%, Eric Doden at six and a half, Brad Chambers with about five, Curtis Hill with a little over two, and Jamie Ridenhour with a little over one and a half percent.

Or than 43% of those in the poll planning to vote in the GOP primary say they are undecided on the race for governor.

>> Mike O'Brien, if you are Mike Braun, does that undecided number were you at all?

>> I think the attention is just starting to shift on this.

This race has been four months now, it feels like it has been exactly with those numbers.

>> Yes, >> We see multiple post within three or four or five of that.

Suzanne was a little lower than she'd been in previous poles.

I'm not sure what that says.

Especially since she hasn't been she's been out doing things but not funding media until this past Friday and will continue to do that.

So that 40%, we are looking at a five way field with three guys who could argue please spend an unlimited amount of money plus the former Attorney General who still enjoys support at the grassroots level.

You know, you look at that 43% numbering and if you are broad you go well, if I can split it four ways or five ways... -- five ways!

>> Five or six ways yes, the question is the math gets, at 36% or 43% how firm is that?

What does that universe look like?

I think his main idea has to be close to 100% in that universe but it gives all of them some room to go grow their support fall top I mean, the race isn't over.

When you look at a pull like that.

>> But I mean, the race isn't over but it's about two months to election day where we sit now.

But early voting starts in about a month.

I mean, at this point, is it Mike Braun's race to lose?

>> I don't know.

I mean, with a five way we are >> Six way.

>> Six Wavell sub I don't even know with who the last person is!

Anything can happen on that end, you know, they have the public out there for they know his navel stopped you might not know what he's running for fall top you look at his ads and you think he's running for presence -- president, honest legal stop all of them are like how fast and how hard can I to strum string?

That's all they're doing out there.

And it is weird.

It really is weird.

I mean, he talks about the border crisis as if we are going to have an influx of immigrants to Indiana but he talks about the border crisis but I thought he told us he went down there and fixed it?

He fix it.

@ And by the way, did not vote for the bipartisan bill on immigration which Todd Young did, which would solve the problem.

He just wants to save it as an issue and demagogue it.

I don't know that the race is over.

Suzanne Crouch just started on media and I think it's going to get really much nastier between now and May.

>> Well, people are starting to say that in these other pet campaigns publicly.

Like, this is where we are heading.

Her going after Braun to try to knock this number down.

That's numb -- that numbers been pretty stable for him.

>> But that's right name recognition.

>> Is there time left for this?

>> I think two months is well enough to change the trajectory of the race.

>> Yes.

>> Obviously has his to lose but I think there's plenty of time and if you have four different campaigns going all against one person, (Laughs) It's going to seem very overwhelming to voters.

So I think that is what will see.

We will start seeing a lot of attack ads, a lot of negative @ publicity.

>> If you are Mike Braun, are you still feeling fairly comfortable Quebec >> Well, I'm not Mike Braun (Laughs) As you can see!

I don't know that he should feel comfortable comfortable.

Maybe, because it's still his to lose, you still have two months and people are just now really, I feel like most people I know were just not paying attention.

Those people have not been paying attention all this time.

People in the media, people like us who care about this stuff.

But regular folk are not paying attention until now.

We have really voting starting next month so I think we are really getting the date.

>> Session overall... >> Yes.

People are really beginning to get engaged.

So he shouldn't rest and just think he has this in the bag because you never know you got a lot of competition fall top >> Yes.

Now for viewer feedback.

Each week we post an unscientific online poll petition and this week's question is who will win in the Indiana Republican gubernatorial primary, Mike Braun, Brad Chambers, Suzanne Crouch, Eric Doden, Curtis Hill, or Jamie Ridenhour?

I put those it also medical order by last name, in case anybody is wondering.

Last week's question, should Indiana reduce the time customers can dispute bank charges from six years to two years?

26% say yes, put 74% say no.

If you would like to take part in the poll, go to WFYI.org/I W IR and look for the pole.

Now, as we take this right now, lawmakers are over at the Statehouse dishing up the 2024 session.

So we will have sort of the full wrap up next week.

But some of those have Artie started to make their way to the Governor's desk and one of the fact is the governor's ability to extend statewide disaster emergency declarations would be significantly restricted by legislation given final approval this week.

The measurement seems a response to some Republicans continued frustration at Governor Eric Holcomb's handling of the COVID-19 pandemic.

>> Right now, the governor can declare a disaster, anything from a tornado to pandemic to terrorist attack for 30 days and renew that declaration 30 days at a time without limit.

Such declarations trigger the Governor's emergency powers which can be pried not quite broad.

Legislation would now allow the Governor to declare a statewide emergency for 60 days but Republican Representative Matt Lehman says renewal would be impossible unless the General assembly authorizes it.

>> The General assembly has been engaged, we can do that by resolution.

You're trying to make this as quickly as possible for us to come in, get the data and say yes, continue or know, and.

>> Democratic representative Robin Shackleford worries about putting a limit on statewide disaster declarations.

>> It'll also put us in danger of not receiving federal funding fall top >> Many federal disaster relief dollars are side to -- tied to state a disaster declarations will capture he met Kelly, how are we back here again?

(Laughter) >> Yes, I mean I feel like no one is ever letting go of the anger they have from COVID-19.

Now look, I think in the end, I was worried they were maybe going a little too strong.

You do have to remember that while they are having this conversation in the context of COVID, that law itself applies to a bunch of different disasters.

I mean, if we had, I don't know, I wore, and invasion.

At nuclear meltdown.

You know, there are lots of things you need to think about and worst-case scenarios of, can the lawmakers get there in the 60 day period?

You know, is it safe for them to get there?

Is the Statehouse still there?

You do have to think, in these terrible worst-case scenarios.

So I think they probably found a decent middleground but it is definitely far different than the powers the governor holds now.

>> There is this residual anger from the Governor's handling of the COVID-19 pandemic among particularly folks in the right sort of wing and Republican caucus.

>> The right sort of ring?

That's the only!

>> The right-wing Republic of Sabi.

Once Erin Holcomb is all of all of us once Eric Holcomb is out of office which is coming at this point does this tie down?

>> I would hope so because it deems very vindictive that we are still this angry about something that happened how many years ago now?

In COVID times, it seems like a very long time ago at this point.

But to your point, I was saying about all the things that could possibly happen and you take away this power to move quickly and to act in emergency immediately, and if everyone will be able to get there.

If everyone be there in time, the legislators.

That worries me.

I think we are not aware of all the things that could potentially happen.

And what dangers there could be.

And again, federal dollars.

We need to I think with 30 days you could still do.

30 days and then... (Multiple speakers) >> For 60 days.

>> Yes, full 60 days.

That could just be the point of time of getting people access.

We don't know all the dangers.

We went through a pandemic will no one thought we would have that.

I didn't know we have a pandemic some people maybe knew it was going to happen but the regular person didn't know about a pandemic.

So we need to be prepared for anything and this has taken away our ability to be prepared, I think.

>> I'll confess, I forgot to look up.

I don't know if you need a constitutional majority to pass a continuing resolution or not.

If you don't, that certainly makes it a lot easier fall top >> You do fall top >> The fact that it is only a resolution, to the point you made, if you can't get everyone there, it's just a resolution.

Is this the right I mean, there have been focus -- forces pushing back against those emergency powers since 2021 sessional, or since 2020 fall is this the middleground?

>> I think of the policy goal or the legislature, the Republican legislature, which it clearly is, is allow them to require that the legislature intervenes and has a say in this ongoing beyond 60 days, that they picked exactly the right time to pass this.

You have an outgoing governor who's not going to weigh in.

You have five or six candidates for Governor in the Republican primary who certainly are not going to >> Be against it!

(Laughs) >> Say wait a minute, I want the ability to keep statewide emergency in effect indefinitely.

So just in terms of when they pick their shot, they picked the perfect time to do it if that is what they nearly still want to do and want the legislature involved in this.

Nuclear fallout or a war, don't worry about it because >> All bets are off!

There are a lot of things are way worse in a continuing resolution and whether the party happen fall top >> But even if they are still angry at this, we lost 24,000 local people died in that pandemic.

24,000 of them!

How many would make the Republicans happy?

I mean, those guidelines, at least, That number two 24,000.

It could have been three or four times that ensure they are quibbling on that.

>> Not only that but there's not a measurable difference that I can see between how Rhonda Santos handled this and how Eric Holcomb handled this in terms of things strutting down or mass.

>> Other than messaging.

>> Other than messaging fall top >> Other than he wasn't in Fox News every day talking about a fall top he was talking to us every skill level stops >> I just want to point out the evidence that the Governor has said he would sign the bill.

>> Alright, some of President Joe Biden's and former President Donald Trump's opponents dropped out of the race this week after Tuesday's election results without that means a rematch between the two is now all but certain.

>> Biden swept all his primary contests this week although voters cast balance as uncommitted in several states, including Arizona where uncommitted guarded around 19% fall top from one all but one race this week as Nikki Haley narrowly won the Vermont primary but Haley dropped out of the race Wednesday morning wishing Trump well not endorsing him.

Both Biden and Trump issued statements inviting Haley supporters to back their campaigns.

>> Is anyone excited for this rematch?

>> I think that Trump supporters are excited for this rematch because I think they are ready to be Biden.

>> Again!

>> Yes!

(Laughter) >> Oh stop it!

(Laughter) >> Again, OK, sure.

(Laughs) But I definitely think they are ready fall top >> It was a joke!

>> We know!

(Laughter) >> I hope everyone knows!

But I hope everyone is ready because I think this is their attempt at a rematch and they can go at it again.

I feel like last night's state of the union, some of the Democratic supporters probably got a little excited about it.

I've been hearing about it because he came with a little fire.

Some people through several punches in.

I think he was trying to it was more of a campaign speech >> Yes!

>> Then a state of the union speech but he definitely lets us know he's ready for a good fight.

He was saying this is going to be undocked down drag out situation and I'm trying to get my things ready.

>> The court supporters are always going to, for the most part, be excited.

I think that's an excellent point fall top and there are so many folks in the middle, who aren't hard court supporters in any direction fall top and turnout, turnout, turnout matters.

Will we have a problem with turnout in this race?

>> I definitely thank you will see I would be fascinated to see what percentage drop off we have in the number of votes that are cast for the presidential election versus four years ago fall top I know I couldn't be any less excited about this rematch (Laughs) If you, you know, so I think a lot of people are just turn off from the last four or eight years or whatever and they are just going to tune out.

So I would be shocked if it wasn't more than like a 10%.

>> Let me ask you this, do you think the fact that it's a rematch at the top of the typic is the fact that maybe a lot of people aren't as enthused about it?

Do you think that creates opportunity for the fate -- raises a little further down the ballot to go hey, pay attention to us?

Get excited about us.

We know you don't love that went up there but what about all these others?

Is that an opportunity for them?

>> Yes, I think everyone probably Artie knows where they stand on the residential race they might have a lot more room to hear about other candidates, other races.

>> I don't think we'll have a drop off.

I thank you will see women turnout and say, enough.

Don't have control of our bodies.

You can't pass federal laws banning abortion.

We cannot take away any more of our freedoms.

And when you have debates like you had at the Indiana General assembly about (Laughs) IUDs and the one you have with discussions about where life begins with in vitro fertilization, I mean, your party is in the last two centuries.

It's not even in the most recent century.

And I thank you will see women turnout because this if they don't and he winds up winning, for the first time he didn't even beat Hillary Clinton by the way, except Alec poorly by the popular vote.

>> Yes!

>> If he winds up winning, I thank you will have to take him out of that office by force.

I think he sees himself, if he gets in, he's going to pardon himself from all the crimes he committed, he's going to do everything he can to protect himself financially, and I don't think he will voluntarily leave that office will >> We've seen abortion be a rallying call cry in the last couple election cycles where we thought Democrats would do a lot worse and it turns out they didn't and then they won in 2020 for this is the first time Biden and Trump will go against each other since the fall of Rome.

Is that is still in a potent force, not in a state like Indiana Shirley, but other at battleground states?

>> I thank you are underestimating Indiana too.

>> I'm willing to be proven wrong!

(Multiple speakers) >> On the third try it will clearly be a central message for Democrats and what continues to be fascinating for me is that most major parties have been nominated as the only person one can loose you.

You nominate anyone else, and we will win.

>> While never nominate Nikki Haley, she's female!

>> Finally, colic not college basketball phenomenon Caitlin Clark recently announced she would forgo a season at Iowa University and enter the WNBA draft this year.

It's excited to go first overall and the Indiana fever have been number one pet.

This week in what I am sure is a coincidence Clark signed an endorsement deal with Gainbridge, whose name is on the arena of a fever call home.

Michael Brian, are you on the Caitlin Clark bandwagon?

>> Sure, it's exciting.

What's amazing to me is she was making 900,000 in her LDL and now shall make 75 set thousand in her base deal.

(Multiple speakers) >> Needs to Gainbridge!

(Laughs) >> She's not going to lose almost all of those and IL deals.

>> No.

It's just amazing on the way we flip the script on college versus >> It's something that also needs to be, for women playing professionally, as opposed to men playing professionally, it's night and day in terms of salary.

This is exciting.

Her phenomenon and women's basketball in general is selling out arena after arena at the college level.

Finally as a result of entitled mind making it competitive in salaries, it will come next.

>> She got the demographic (Laughter) (Multiple speakers) >> A Republican would've done that exact >> If you want to see Caitlin Clark, I thank you have to start buying tickets now accept >> I'm already behind the eight ball on that but I'd love to see her in person!

I seen bits and pieces of the games and she looks incredibly impressive.

>> I think it without a lot of excitement if the fever chose her.

>> Yes!

>> I think the arena would actually be sold out for a change.

>> And that's when the salaries change, because economic state.

>> Exactly I cannot >> I do like the portability of the fever.

I don't know!

(Laughter) >> I will remain a Chicago size -- sky fan but I will be going to see Caitlin Clark.

That is Indiana Week in Review for this week.

Our panel is Democrat and DeLaney, Republican Michael Brian, oh Cy Boyd of near indie, and Niki Kelly of the Indiana capital Chronicle.

You can find Indiana Week in Review's podcast and episodes@wfyi.org/IWIL are or on the PBS out.

I am Brandon Smith of Indiana public broadcasting.

Join us next time because a lot can happen in an Indiana week.

(Music plays) (Music plays) the opinions expressed are solely those of the panelists.

Indiana Week in Review is a WFYI production in association with Indiana's publ