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Saturday, December 29, 2012

Ind. Courts - Still more on: "ACLU of Indiana Challenges Marion County Judicial Election System"

Updating this ILB entry from Nov. 1, 2012 (which includes a link to the complaint, filed in federal court), this one from Nov. 5th, linking to an IndyStar editorial, and this one from Nov. 6, linking to a Star letter to the editor. The suit is Common Cause Indiana v. Indiana Secretary of State:

The Indiana Secretary of State is Indiana’s chief election official, IC 3-6-3.7-1, and is sued in her official capacity. Among other things, the Indiana Secretary of State is charged by law with certifying the results of judicial elections in Indiana (IC 3-12-5-1).
Today the ILB has obtained a copy of the memo in support of a motion to dismiss, filed by the Indiana Attorney General on Dec. 20th. It begins:
Defendant, Indiana Secretary of State, in her official capacity, by counsel, Deputy Attorneys General Dino L. Pollock and Kenneth L. Joel, respectfully submits this memorandum of law in support of her Motion to Dismiss. 1. Introduction Plaintiff has filed its Complaint. pursuant to 42 USc. § 1983, raising a First Amendment2 challenge to Indiana Code § 33-33-49-13 , alleging, inter alia, that the statute prevents some of its - members and other registered voters in Marion County - from being able to cast a meaningful vote in Marion County Superior Court judicial elections. See Campi. at ~~ 5, 25, 28. As set forth below, Plaintiff's Complaint must be dismissed because Plaintiff lacks standing to bring this suit. Moreover, Plaintiff's Complaint must be dismissed because this suit is barred by the Eleventh Amendment and because the Complaint fails to state a claim upon which relief may be granted.

Posted by Marcia Oddi on December 29, 2012 02:41 PM
Posted to Indiana Courts