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Monday, April 13, 2009

Ind. Courts - "Mansfield v. McShurley … again"

That is the headline to this story this morning by Nick Werner of the Muncie Star-Press about the oral argument relating to the Muncie mayoral race that is to take place tomorrow before the Court of Appeals. Werner writes that:

The lawsuit and Tuesday's hearing have the potential to unseat McShurley, who has been in office for 15 months.

"It certainly has ramifications for that," said Mansfield's attorney, Joe Hunter.

Mansfield was the apparent winner of the 2007 mayoral race until a December recount requested by the Delaware County Republican Party.

The recount commission disqualified 19 absentee ballots from Precinct 46 because a Republican-appointed clerk had failed to initial them as required by law, changing the results of the election.

After the recount, Mansfield sued McShurley and the Delaware County Election Board to get a special election in the predominantly Democratic Precinct 46.

Special Judge Joel Roberts of Jay County dismissed the suit because it was not brought within 14 days of the election, as required by law.

In appealing Roberts' decision, Mansfield argues that two weeks after the election he was still the apparent winner and therefore could not challenge the election within the 14-day deadline.

Republican attorney David Brooks argues that the 19 absentee ballots were dismissed in accordance with Indiana law.

Brooks maintains Mansfield, therefore, has no grounds for a special election.

"Mansfield is not entitled to a special election simply because he was the loser in a properly conducted recount," Brooks wrote in a brief to the court.

See the ILB entry immediately below for a summary. Here is a link to the briefs in the case. Unfortunately, the argument will not be available via webcast; you must go to the Purdue campus tomorrow evening to watch it live.

Posted by Marcia Oddi on April 13, 2009 09:01 AM
Posted to Ind. App.Ct. Decisions