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Saturday, July 26, 2008

Ind. Decisions - "Court of Appeals orders Democrat be sworn in as 4th Ward representative"

The Court of Appeals decision Thursday in the case of Tamara Sullivan v. Noell Krughoff, Shelby Co. Dem. Central Committee Chairperson (see July 24th ILB entry here) was the subject of a lengthy story Friday by Ron Hamilton of the Shelbyville News. Some quotes:

The Indiana Court of Appeals ruled unanimously Thursday that Democrat Val Phares be installed "immediately" as the 4th Ward representative on the Shelbyville Common Council.

The 3-0 decision, written by Judge Paul D. Mathias, upholds the trial court decision earlier this year by Shelby Circuit Court Judge Charles O'Connor, who tossed out 24 absentee ballots from last fall's city council election because they were not properly initialed and endorsed.

O'Connor's decision, now vindicated by the appellate court, reverses an election tie with incumbent Republican Tamara Sullivan and gives the city council election victory to Phares. * * *

Contacted by telephone at his Indianapolis office, Shelby County Democratic Party attorney J.D. Lux said he especially is pleased at the unanimity of the decision.

"I'm glad that all three appellate judges found in favor of Judge O'Connor's trial court ruling," he said. "Now, four judges have reviewed this case extensively, and all four have agreed that the absentee ballots should not have counted. I really believe it's time we put this thing behind us and moved forward."

He noted that the appellate judges "merely reinforced previous case decisions and laws outlining the proper handling of absentee ballots." He added that, according to Thursday's appellate court ruling, the Shelby Circuit Court must order the seating of Phares upon receipt of the appellate decision. * * *

In his written decision, Mathias noted that "the law requires all of the endorsements set forth ... for absentee ballots."

"When the law is carefully examined, an absentee ballot, which is what is at issue in this case, may not be counted unless it is properly endorsed," Mathias wrote. "The absentee ballots cast in the Shelbyville Common Council 4th Ward election were not properly endorsed under the statute."

Posted by Marcia Oddi on July 26, 2008 12:22 PM
Posted to Ind. App.Ct. Decisions