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Thursday, September 21, 2006

Ind. Courts - More on: Leo Burns' ballot battle for Cass County Circuit Court Judge continues

Updating yesterday's entry, the Logansport Pharos-Tribune reports:

Cass Circuit Judge Julian Ridlen has taken a case under advisement that could determine who will succeed him.

On Tuesday, Democrat Leo Burns appeared in his court to begin the process of appealing a decision by the Indiana Election Division to leave Burns off the November ballot in his bid to be Circuit Court judge. His candidacy was not certified after Cass Democratic Chairman Matt Meagher did not file papers from a caucus called to select Burns as the party nominee. Burns filed his candidacy with the state.

Logansport attorney Jim Austen, co-counsel for Burns, asked the court to rule in his client’s favor based on evidence he had “substantial compliance” with election law and that no word of noncompliance was sent or spoken to Burns prior to election deadlines for filing all necessary documentation.

A Dubois County attorney representing the election division said the legislature has acted to prevent rulings on candidacy eligibility on a “case by case” basis. He asked Ridlen not to attempt to do what the legislature has done, which is clarify laws on election eligibility.

Courtney Justice, Burns’ other co-counsel, argued that he finds it hard to believe Ridlen should not be allowed to rule in a case involving a candidate in the county.

The hearing concluded at approximately 11:30 a.m. Tuesday. Ridlen told the attorneys he would attempt to have a ruling within 48 hours.

If Burns is added to the ballot, it would create a contested race for the office. Republican Sheryl Pherson won a plurality in a three-way race for the Republican nomination in May. Democrats did not field a candidate in the primary but selected Burns in a caucus prior to the state deadline for filling vacancies.

Posted by Marcia Oddi on September 21, 2006 11:16 AM
Posted to Indiana Courts