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Friday, October 22, 2004

Indiana Decisions - More on yesterday's LaPlante ruling

Yesterday's decision by Marion County Judge Gary L. Miller in the House District 46 ballot dispute (see entry immediately below) is reported today in the Indianapolis Star in a story headlined "Legal ruling may mean vote tumult: Judge voids House district's absentee ballots." Some quotes:

A Marion County judge ordered Thursday hundreds of absentee votes thrown out in a west-central Indiana legislative district because a Republican candidate was not included on the ballot. The decision by Judge Gary L. Miller could have broader implications, especially in what's expected to be a close race for governor.

Miller ruled that in the House District 46 race, R. Brooks LaPlante will take Jeff Lee's spot on all ballots -- including ones already printed. The legal tussle centers on whether Lee could withdraw from the race with just weeks to go before the election.

If Thursday's ruling stands and all absentee votes already cast are void, that would nullify votes in other races, too -- including governor. So that could mean hundreds of votes not counted in a district, which includes Terre Haute, which leans Democratic.

I'm pleased to be able to provide access to Judge Miller's 13-page ruling. Some quotes from the conclusion:
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

1. Defendant Robertson is hereby mandated and ordered to immediately certify R. Brooks LaPlante as the Republican House District 46 candidate to the Clay, Monroe, Owen, and Vigo County Election Boards without any qualification.

2. The Defendant County Election Boards are hereby mandated to immediately remove Jeff Lee’s name from the ballot, to place R. Brooks LaPlante on the ballot as the Republican candidate for House District 46, to henceforth provide ballots to voters with R. Brooks LaPlante on the ballot as the Republican candidate for House District 46

3. In addition, the Defendant County Election Boards are hereby mandated to immediately send notice and replacement ballots to all absentee voters who have been provided absentee ballots advising them that their previously completed ballots are void and will not be counted.

4. Defendants to pay costs pursuant to Indiana Code § 3-27-1-4.

All of which is ORDERED, ADJUDGED, and DECREED on this the 21st of October 2004.

More from the Star story:
The legal fight isn't over. Democrats are asking the Court of Appeals and the Indiana Supreme Court to intervene.

Meanwhile, a challenge to Lee's residency is pending in Vigo County.The clerks in the district, which spans Vigo, Clay, Monroe and Owen counties, are left to deal with significant logistical problems.

In Vigo County, optical-scan readers used to count ballots would have to be reprogrammed. Officials aren't sure that can be done in time. And conducting such a crucial election -- with offices including president and governor up for grabs -- on paper ballots is a daunting thought, officials say. Absentee ballots have been printed, and an untold number have been returned.

The Richmond Tribune-Star's report this morning is available here. Some quotes from the middle of the story:
Miller's ruling could be put on hold, pending the outcome of a request from Democrat attorneys for an "emergency petition" before the Indiana Supreme Court. The high court has asked parties that oppose the petition to file papers by noon today.

James Bopp Jr., attorney for the Indiana Republican State Central Committee, opposes that petition.

"This is a highly discretionary and vary rarely granted request," he said, referring to the petition. "Since the Democrats can contest this election after the fact if [Democrat candidate] Vern Tincher loses, then we believe this petition should not be granted."

David Reohmandini, counsel to the Supreme Court's chief justice, said in cases that involve a time element, conducting a hearing is very unusual. Instead, the high court could act from information provided, he said. The court also could determine it will take no action.

If that is the case, Miller's ruling would stand.

Terry Burns, spokesman for the Indiana Democrat Party, said attorneys also plan today to file an appeal of Miller's ruling before the Indiana Court of Appeals.

"We are hoping our appeal will be heard before the Supreme Court and a resolution to this case can come quickly," Burns said, clarifying that he meant a resolution other than Miller's.

"We don't agree with the judge and think he has just overstepped his authority, particularly in essentially voiding more than 1,000 absentee ballots," Burns said. "The biggest concern is that we will have voters who will be disenfranchised. Obviously their vote is voided in District 46, but also in the race for governor, president and U.S. Senate." * * *

More than 1,800 absentee ballots that include District 46 have been mailed in four counties.

Vigo County has 26 of its 87 voting precincts in District 46. Vigo County has mailed 902 ballots, with 501 ballots returned as of Thursday.

"Our absentee voting overall is almost double of what it normally is," said Anita Anderson, Vigo County absentee voter clerk. "Our in-person voting averages 40 voters a day. A couple of days we had 98 voters. We have had more than 3,100 absentee votes."

Clay County has six of its 23 precincts where voters cast an absentee ballot that includes the House District 46 race. There were 169 absentee ballots cast as of Thursday, said deputy clerk Beth Mallinak.

Owen County has 18 of its 19 precincts where voters cast an absentee ballot that includes the House District 46 race. The county had received 556 ballots as of Thursday, said Owen County Clerk Nick Robertson. Owen County still has an additional 150 ballots that have been mailed but not yet returned, Robertson said.

Monroe County has two of its 96 precincts in District 46. That county has received 35 absentee ballots said Marilyn McCoy, administrative assistant to the county clerk.

Posted by Marcia Oddi on October 22, 2004 08:30 AM
Posted to Indiana Decisions