« Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 12 NFP memorandum decision(s)) | Main | Ind. Gov't. - Interim Study Committee on Courts and the Judiciary today »

Wednesday, September 21, 2016

Ind. Decisions - 7th Circuit decides one Indiana case today, denying do-over of 2014 Marion County Superior Court primary

In Gregory Bowes v. Indiana Secretary of State (SD Ind., Young), a 16-page opinion, Judge Young writes:

Plaintiffs Gregory P. Bowes and Christopher K. Starkey lost in the May 2014 Democratic pri mary election for Marion County Superior Court judges. A few months later, and just before the general election, the district court for the Southern District of Indiana held that the statute establishing the system for the election of such judges, Indiana Code § 33–33–49–13, was unconstitutional. That decision was affirmed by this Court. Plaintiffs then sought a special election, which they argued was the only way to vindicate their constitutional rights. The district court held that a special election was not appropriate and granted defendants’ motion for summary judgment. For the reasons that follow, we agree and affirm. * * *

In sum, the district court was within its discretion to conclude that plaintiffs’ request for relief was not timely and that the state’s significant interest in governing without disruption outweighed plaintiffs’ interest in being placed on the ballot.

Posted by Marcia Oddi on September 21, 2016 04:55 PM
Posted to Ind. (7th Cir.) Decisions