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Saturday, May 19, 2007
Ind. Decisions - "Posey vote stands - Court upholds Butler as clerk"
Tuesday, May 15th's Court of Appeals decision in Donna M. Curtis v. Donna K. Butler (see (ILB entry here - 2nd case) is the subject of a story today by Bryan Corbin in the Evansville Courier & Press. Some quotes:
INDIANAPOLIS The election for Posey County clerk was held more than six months ago, but the disputed outcome was decided only this week, when the Indiana Court of Appeals ruled against Republican candidate Donna M. Curtis and in favor of Democrat Donna K. Butler. In effect, the appeals court decision means Butler, who took office in January, will remain county clerk.At issue in the appeal were eight absentee ballots that ultimately decided the November election. Curtis appealed a lower court ruling that had allowed those ballots to be counted. In a six-page decision, the appeals court upheld the lower court, so the election results stand. * * *
Originally, about 200 Posey County voters were sent absentee ballots, the decision said. Incorrect information for school board candidates not the clerk's race was later discovered on the ballot forms less than a month before the election. Absentee ballots already cast were considered null and void, and absentee voters were asked to vote again, using new forms. All but 10 people did; and their original ballots remained in the safe.
Deciding that eight of the original 10 absentee ballots cast were still legal and valid, the Posey County Election Board counted them. Butler picked up six additional votes and Curtis two giving Butler a two-vote winning margin.
Curtis then filed a recount petition in Posey Circuit Court. At the instruction of Circuit Judge James Redwine, the court-appointed recount commission also counted the eight absentee ballots from the safe. With the recount commission finding Butler had won by three votes, Butler was certified the victor and sworn into office, the decision said.
Next, Curtis appealed to get the recount commission's ruling overturned. But Redwine denied that, and Curtis appealed the judge's denial to the Indiana Court of Appeals.
In its decision, the appeals court found that if the voter's intent can be determined, then the vote will be counted. The law does not provide for "the withdrawal of a vote once it is cast," appeals court Judge Mark Bailey wrote, "even if the voter subjectively intended by his or her subsequent omission to do so," referring to those absentee voters who did not recast corrected ballots. Appeals court judges John Sharpnack and Carr Darden concurred in the ruling.
Posted by Marcia Oddi on May 19, 2007 06:20 PM
Posted to Ind. App.Ct. Decisions