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Sunday, March 14, 2004

Indiana Decisions - East Chicago Vote Fraud Case Oral Argument Set

The Indiana Supreme Court, in an order issued 3/9/04, has scheduled oral arguments in the East Chicago mayor's election vote-fraud case, Pabey v. Pastrick, for Tuesday, April 13, 2004 at 1:45 p.m. in Fort Wayne, Indiana, in the City Council Chambers of the City-County Building.

(This updates an earlier Indiana Law Blog entry, from Jan. 11, 2004, available here.)

The Munster NWI Times ran this story today, headed "Recount lawyers plan for Supreme Court test: Each camp outlines strategy in East Chicago challenge." Some quotes:

Attorneys George T. Patton Jr. and Bryan H. Babb of the Indianapolis law firm Bose McKinney & Evans LLP will present Pastrick's case before the Supreme Court on April 13 in Fort Wayne.

Patton and Babb contend the rule of law is on their side and the legislative scheme is clear. They say Pabey and Indiana Attorney General Steve Carter are asking the Supreme Court to act outside the purview of their authority in relation to Pabey's allegations of voter fraud.

"Our position is that the Indiana Legislature provides a clear remedy for fraud-based election challenges," Babb said. "The remedy, as correctly determined by the trial court, is found in the election recount statute, not the election contest statute." * * *

Pabey continues to be represented by Merrillville attorney Nathaniel Ruff and Hammond attorney Carmen Fernandez. Indianapolis attorney Bruce Kotzan was retained to argue the case before the Supreme Court. Not surprisingly, Pabey's team has a completely different take on the case.

Fernandez said there are certain ambiguities in the relatively untested election law that may not specifically give the courts the statutory right to order new elections. However, she believes the courts have the inherent authority to take such action.

She disagrees that the recount commission is the only authoritative body with the power to toss out votes, either on a precinct-by-precinct basis or in totality, based on proof of fraud. "There has to be a remedy for fraud," she said. "The courts have an inherent right to do things the Legislature failed to provide for." * * *

Attorney General Carter's brief filed with the court recently asks the Supreme Court to consider a special election in East Chicago on the basis that "rampant fraud occurred and the citizens deserve an uncorrupted election." Carter contends that if the Supreme Court doesn't have the authority to call a special election, voters essentially have no remedy in the case.

Note: As this April 13th oral argument will not take place in the State House, but rather in Fort Wayne, it is not yet clear whether it will be available for viewing online.

Posted by Marcia Oddi on March 14, 2004 07:40 PM
Posted to Indiana Decisions