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Friday, August 12, 2011

Ind. Gov't. - COA stays trial court remedy for electioneering [Updated]

Some days the ILB doesn't know all that is going on until she reads about it in a blog located outside Indiana! Here, for instance, from Prof. Rick Hasen's Election Law blog - just posted:

New Election in Muncie, Indiana Stayed

I earlier linked to a report that a trial court in Indiana had ordered a new election based upon allegations that one of the candidates engaged in unlawful electioneering at the polls. I had never heard of such a draconian penalty being imposed for electioneering.

Today an Indiana appellate court stayed that unusual trial court order. I would expect a reversal.

ILB: Here is the COA order from today -- I have no idea how/where it was obtained, as it wasn't posted ....

Hasen's link to the original story has expired, but here, still available as of now, is the original Muncie Star-Press story from July 15, 2011, by Doug Walker, headed "Judge orders special Muncie City Council election in two precincts." Some quotes from the long story:

MUNCIE -- Democratic voters in two eastside precincts will again cast primary ballots in the Muncie City Council District 6 race, a Delaware County judge ruled on Friday.

Circuit Court 3 Judge Linda Ralu Wolf ordered that a special election be held Sept. 13 in precincts 12 and 20, voting at the Buley Center and Price Hall, respectively. Those are the polling sites that current District 6 council member -- and apparent primary winner -- Julius Anderson was accused of entering, in violation of election law, while the May 3 primary election was under way.

When the votes cast that day were tallied, Richard Ivy had finished 10 votes behind Anderson in a three-candidate primary field.

Ivy filed a lawsuit, accusing Anderson of improper behavior on the day of the election, resulting in a one-day trial presided over by Wolf on June 23. Numerous witnesses testified they saw Anderson inside the two polling places, at times wearing a T-shirt and cap touting his District 6 campaign.

In her ruling released Friday afternoon, Wolf wrote there was "clear and convincing evidence" that a "series of deliberate acts" by Anderson made it "impossible to determine who received the largest number of legal votes" in a "very close and hotly contested race."

The judge wrote that the May 3 problems were "compounded by the troubling lack of knowledge and timely enforcement of election laws by precinct election officers."

Wolf said Anderson "should have known that he was not allowed within 50 feet of the polls and was not allowed to display his campaign attire that he was wearing." She ruled his actions "were not in compliance with election laws and these actions continued undeterred and unabated for several hours."

Contacted Friday evening and asked whether he would appeal Wolf's ruling, Anderson responded, "No comment."

During the June 23 trial, Anderson's attorney, William Groth, noted there was no testimony that anyone changed their vote as a result of his client's behavior.

"Voting is a social occasion," Groth said. "Candidates sometimes get carried away by enthusiasm." * * *

Delaware County Clerk Steve Craycraft on Friday estimated the cost of a two-precinct election at $3,000.

Asked for comment on the judge's ruling, Craycraft said, "I'm sure there will be an appeal, so I'll wait and see what happens."

[Updated 8/14/11] "Special election plans put on hold" is the headline to this story this morning in the Muncie Star=Press, reported by Douglas Walker, that begins:
The Indiana Court of Appeals on Friday put on hold plans for a special election to determine the Democratic nominee for a Muncie City Council seat.

Posted by Marcia Oddi on August 12, 2011 04:28 PM
Posted to Indiana Government