« Courts - "States Look for Ways to Gauge Judge Performance" | Main | Ind. Courts - Porter County Courthouse cell phone ban begins »

Friday, August 03, 2007

Ind. Law - Lake election board reversed by court on party-change issue

Sharlonda L. Waterhouse reports today in the Gary Post-Tribune:

A judge has upheld Highland Town Councilman Mark Herak's right to be on the November ballot as a Highland First Coalition Party candidate.

Lake Superior Judge Pro Tempore Duane Daugherty overturned a July 17 decision of the Lake County Combined Election Board and Registration that disqualified Herak.

In a split 3-2 vote, the board voted to uphold a petition brought by Republican John Franklin, who said Herak had been GOP for 28 years and still held Republican ties.

But on Thursday, Daugherty ordered the board to "reverse and vacate" that decision because no statutory grounds for disqualification were proven.

Daugherty also ordered the board to reinstate Herak "as a candidate for the Highland, Indiana Town Council representing the Second Ward as a candidate for the Highland First Coalition Party ticket and his name shall appear on the ballot as a candidate for said election" which is Nov. 7.

Herak, who was represented by attorney Kenneth D. Reed, was elated to win the injunction. * * *

Reed had argued that a person should be able to run a race under new party affiliation without penalty since "bond servitude ended long ago."

Herak said the board's decision deprived voters of a choice: "Hopefully, voters will listen to the issues I present them and come with me. Highland is a great community that has always voted for individual persons."

Bruce Lambka, an attorney for the Election Board, said the board can still take the matter to the Indiana Court of Appeals.

The next chance to discuss it is an Aug. 21 meeting.

Lambka declined to react to Daugherty's ruling: "Until the board makes some decision as to what they are going to do, I don't have a position."

David Saks, also an attorney for the board, had told the board July 17 that he didn't believe they had legal grounds to support Franklin's petition. On Thursday, he declined to say anything that could be against Herak's case or "detrimental to the board."

Posted by Marcia Oddi on August 3, 2007 11:03 AM
Posted to Indiana Law