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Sunday, July 20, 2008

Ind. Courts - Yet more on "Judicial candidate's registration in question"

Updating this ILB entry from July 9th, Lesley Stedman Weidenbener of the Louisville Courier Journal writes:

A squabble over who should be on the ballot in the race for Clark Circuit Court judge has presented a new test for a state election agency that critics say is set up to fail because of its partisan makeup.

But supporters say the Indiana Election Division maintains fairness between the political parties.

The division — part of the Secretary of State's office but not answerable to its elected head — is both partisan and bipartisan in its structure. It has two employees at every position — one Republican and one Democrat — including co-directors, attorneys and even receptionists.

And the Indiana Election Commission that the agency staffs is split with two members from each of the major parties.

It's a system that can result in conflicting advice for candidates and deadlocked votes on issues, leaving key campaign questions and problems to be resolved in court.

"It's a completely dysfunctional body," said Julia Vaughn, policy director for Common Cause Indiana. "I don't think it's accidental. Politicians aren't well served by a well functioning regulatory body."

But those who work within the system say they strive for cooperation and fairness as they interpret and enforce the sometimes confusing laws that govern campaigns and elections. * * *

Now, the co-directors must decide — and must agree — on whether the names should be certified to put on the ballot. If they can't agree, a judge will likely step in, said Republican co-director Brad King.

"That's a remedy when there's a dispute," King said.

Legal recourse has been used before. In 2004, two judges issued conflicting orders about whether Republican Brooks LaPlante, a legislative hopeful from Terre Haute, could replace a previous candidate who wanted to withdraw from the ballot. The agency's co-directors disagreed on the question.

Eventually, a judge ordered then-Democratic Co-Director Kristi Robertson to certify LaPlante's name, over her party's objections.

See also this ILB entry from July 7th, which references the Feb. 1, 2007 Court of Appeals decision in the case of J. Bradley King and Krisi Robertson in their official Governmental capacities as Co-directors of the Indiana Election Division, et al. v. Leo T. Burns, et al.

Posted by Marcia Oddi on July 20, 2008 09:30 AM
Posted to Indiana Courts