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Wednesday, January 23, 2008
Ind. Courts - Muncie and Terre Haute mayoral election contests continue
From the Muncie Star-Press, a report by Nick Werner:
MUNCIE - Republicans today will try to convince a judge to dismiss a lawsuit seeking a special election in Precinct 46.From the Terre Haute Trib-Sar, Austin Arceo reports:The special election, if granted, could have the potential to overturn election results once more, awarding the mayor's office to Democrat James Mansfield.
Mansfield was originally certified the election winner, but lost the title of mayor-elect after Republican Sharon McShurley emerged victorious from a recount Dec. 20. McShurley has since taken office.
Her victory can be attributed to the fact that the recount commission dismissed 19 absentee ballots in Precinct 46 that were not properly endorsed.
Indiana law requires a member of both political parties endorse absentee ballots with initials before the ballot is mailed to voters. The 19 ballots from Precinct 46 were missing Republican initials. * * *
In another development, Republicans appealed to Delaware Circuit Court 3 Judge Robert Barnet Jr. this week to throw out all votes from Precinct 18.
Republicans argued that voter fraud was so pervasive in Precinct 18, a predominantly Democratic precinct, that it was impossible for the commission to determine the approximate number of votes that each candidate received there.
In such situations, recount commissions are required to disqualify all votes in that precinct. The recount commission, however, decided to count all votes in that precinct, after having apparently determined that Republicans had not proved their case. Republicans are appealing that decision.
TERRE HAUTE — A challenge to Mayor Duke Bennett’s eligibility to take office is one step closer to heading to the Indiana Supreme Court.Bennett’s attorneys on Tuesday afternoon filed documentation with the court in support of former Mayor Kevin Burke’s previous motion filed earlier this month to have the state’s highest court take jurisdiction of the case, rather than the state Court of Appeals.
“I think it’s important that we get this resolved as quickly as possible,” Bennett said, “and we believe that that’s a faster route, to get it done through the Supreme Court than we do through the Court of Appeals.
“The quicker we can resolve this and bring this issue to closure, I think that’s best for the taxpayers and citizens of this community,” he said. * * *
Burke said that he was pleased that Bennett was in support of the move to the Indiana Supreme Court.
Bennett said that his side believes the case will be on a faster track with the Indiana Supreme Court.
A move to there from the appellate court would cut down the “ultimate decision time” by eight months to a year, said Bryan Babb, a new attorney for Bennett who is working on the appeal.
Burke attorney Ed DeLaney and Bennett both said they saw this case eventually heading to the Indiana Supreme Court. * * *
Bennett said that for various reasons, he has retained a law firm in Indianapolis [ILB - Brian Babb is with Bose McKinney] to take over the case. He said it has some experience with the Indiana Supreme Court. He said it “felt like it was a good move on our part to make that change.”
“Jim Bopp did an excellent job for us here in Terre Haute, and I have high regards for his ability,” Bennett said. “We’re just making a decision we feel is the right one to make with” the new attorneys “being in Indianapolis.”
Posted by Marcia Oddi on January 23, 2008 09:35 AM
Posted to Indiana Courts