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Thursday, May 01, 2014

Ind. Courts - More on "2 Democrats sue for voter records in bid for judges' seats"

Updating this post from yesterday, Marion Circuit Court Judge Louis Rosenberg has denied the Motion for Emergency Preliminary Injunction. Here is a copy of the 8-page order, dated April 30, 2014. It concludes:

In sum, there are two independent sources of legal authority for Defendant's denial of the March 19,2014 request and its reluctance to approve the April 25, 2014 request. Both requests as elaborated on at today's hearing call for disclosures forbidden by law.

Hennessy urges the Court to keep in mind that the solicitude for the privacy of the Marion County electorate does not extend to information provided to the major parties. See generally I.e. ยง 3-7-26.4-6 and 3-7-28-J et seq. Assuming arguendo that information denied to unendorsed candidates is provided to endorsed candidates, this practice is embedded in statutes. Until such time as the provisions of Indiana law which facilitate this disparity are repealed or declared unconstitutional, this Court and the MCVRB have no choice but to follow the law as set out by those statutes. For all orthe above reasons the Motion for Emergency Preliminary Injunction is DENIED.

Posted by Marcia Oddi on May 1, 2014 12:23 PM
Posted to Ind. Trial Ct. Decisions