« Ind. Courts - Still more on David Camm's oral argument Tuesday before the COA | Main | Ind. Courts - Confusion re "Gibson attorney pleads guilty to pornography, obstructing justice charges" »

Thursday, October 06, 2011

Ind. Decisions - More on Tippecanoe injunction puts names back on local ballots

Updating this ILB entry from earlier today, here is a copy of Tippecanoe Circuit Judge Donald L. Daniel's 2-page order enjoining the County Clerk from omitting the plaintiffs', Tony M. Roswarski and Judith C. Rhodes, names from the ballot for the office of City of Lafayette, Mayor and City of West Lafayette, Clerk-Treasurer, respectively, together with the nineteen other uncontested candidates for election.

In addition, Douglas J. Masson, Attorney for Clerk, Christa Coffey, has sent along the 17-page (plus exhibits) Memorandum of Law in Opposition to the Application for Preliminary Injunction, filed on behalf of the Clerk. Doug notes: "The relevant portion of the legislative drafting manual was attached as Exhibit C." He adds, in response to my request for other documents:

The AG did not submit a brief (I think they were content to join in with mine). The petitioners submitted a brief, but I'm afraid my only copy is all marked up with my notes in the margin. Of particular interest in their brief, I thought, were two citations:

IC 36-4-5-2(a) "A mayor, who is the city executive, shall be elected under IC 3-10-6 by the voters of each city." and IC 3-8-7-25 stating "The election division and each county election board shall have printed on the respective genera, special, or municipal election ballots the names of the following candidates: [lists various types of nominees.]

ILB: Re "the AG did not submit a brief" was perhaps a clue to this later announcement via the AP: "State won't fight uncontested races on ballots."

Posted by Marcia Oddi on October 6, 2011 03:57 PM
Posted to Ind. Trial Ct. Decisions