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Sunday, October 24, 2004

Indiana Decisions - More on District 46 ballot dispute

As reported in this ILB entry Friday, an emergency petition to overturn Marion County Judge Gary L. Miller in the House District 46 ballot dispute was filed with the Supreme Court. Today the Munster Times reports:

INDIANAPOLIS (AP) -- A judge's order to put Republican Rep. Brooks LaPlante's name on the ballot for House District 46 in time for the Nov. 2 election will stand pending a review by an appellate court, the Indiana Supreme Court has ruled.

The Supreme Court on Friday denied an appeal from attorneys for the Indiana Democratic Party to overturn Marion County Judge Gary L. Miller's ruling.

The high court unanimously ruled that Miller's judgment issued Thursday gives Democrat Kristi Robertson, co-director of the Indiana Election Division, and the Indiana State Democrat Central Committee, "an immediate right to appeal," making the action before the Supreme Court unnecessary.

Attorneys for the Democratic Party had asked the high court to rule immediately on their appeal. Now a petition to appeal the ruling will follow the normal course of action and will go before the Indiana Court of Appeals at noon Monday.

In a related matter (see this ILB entry on Friday titled "Clarification of Judge Miller's ruling proposed"), an email message today written by James Bopp, Jr. (attorney for the Republicans who filed the motion for clarification) reports:
Scope of Order/Stay. Per our request, Judge Miller has advised us that the original order regarding previously cast absentee ballots is only applicable to votes cast in the House District 46 race and all votes cast in other races on previously cast absentee ballots will count. Someone who wishes to vote in the House District 46 race between Tincher and LaPlante need to recast their ballot. In addition, he will not stay his order.

Posted by Marcia Oddi on October 24, 2004 03:58 PM
Posted to Indiana Decisions