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Thursday, October 28, 2004
Indiana Decisions - The latest chapter in the District 46 saga [Updated]
I have just received a copy of this press release from attorney James Bopp, Jr., counsel for the Republican Party:
Indiana Court of Appeals Stays Vigo Superior Court Preliminary Injunction Order[Updated 10/29/04] Two stories this morning: the AP reports here that "Court says LaPlante should be on ballot"; the Indianapolis Star reports here, in a story headlined "Rep. LaPlante back on ballot," that:
Last Thursday, October 21, 2004, the Marion Superior Court issued a final order requiring that R. Brooks LaPlante be placed on the ballot as the Republican candidate for House District 46 and on Tuesday, October 26, 2004, the Indiana Court of Appeals refused to stay that portion of the order. Yesterday, the Vigo Superior Court, Special Judge Tom Johnson issued a preliminary injunction requiring that Jeff Lee remain on the ballot as the Republican candidate for House District 46. This ruling was issued despite the fact that Judge Johnson was aware of both the Marion Superior Court and the Indiana Court of Appeals Orders. This order directly conflicts with and contradicts the Marion County order.
As soon as the Vigo County Order was issued, the Republican Party filed an appeal with the Indiana Court of Appeals. After Judge Johnson denied the Republican Party’s motion to stay his preliminary injunction order pending the outcome of the Republican Party’s appeal, the Indiana Court of Appeals, at approximately 6 p.m. [today, Thursday, Oct. 28, 2004] granted the motion for stay.
Therefore, with the election less than five days away, the Indiana Court of Appeals has effectuated Indiana’s public policy of maximizing voter choice and competitive elections. Because the stay was granted, the Clay, Monroe, Owen, and Vigo County Election Boards are no longer handcuffed by the conflicting orders and should send out absentee ballots with the name of R. Brooks LaPlante as the Republican candidate for House District 46.
James Bopp, Jr., counsel for the Republican Party, said “The ruling by the Indiana Court of Appeals has thwarted the Democrat Party’s efforts to deny District 46 voters a choice in this election by keeping Brooks LaPlante off the ballot. Because Lee, if elected, is ineligible to serve, the Democrats would have seized the House District 46 seat through the courts and not by the will of the people, if they had been successful in keeping Lee’s name on the ballot.”
James Bopp, Jr. has a national constitutional law practice.
In yet another court decision about who should be on the ballot in Indiana House District 46, the Indiana Court of Appeals on Thursday vacated a Vigo County judge's order and paved the way for Rep. R. Brooks LaPlante to be Tuesday's Republican nominee.I'm trying to obtain a copy of this latest Court of Appeals order - please let me know if you can help.Wednesday, a Vigo County judge declared that Jeff Lee, the winner of the May primary, didn't legally withdraw from the race and must stay on the ballot. But Thursday's unanimous appeals court ruling canceled that order.
That means an order from last week, issued by Marion Superior Court Judge Gary L. Miller, still stands. Miller ruled that LaPlante is the rightful candidate and should be on the ballot. Vern Tincher is the undisputed Democratic nominee. * * *
In its order, the appeals court said adequate remedies exist in the event LaPlante is wrongly placed on the ballot, but "there is no adequate remedy if he is wrongly kept off the ballot."
Posted by Marcia Oddi on October 28, 2004 07:00 PM
Posted to Indiana Decisions