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Tuesday, February 27, 2007

Ind. Law - "State expected to defend Soliday in residency dispute"

Bob Kasarda of the NWI Times writes today:

VALPARAISO | The Indiana attorney general's office may be coming forward to defend newly-elected state Rep. Ed Soliday, R-Valparaiso, against a lawsuit accusing him of living outside his legislative district, according to an attorney who filed the suit.

Portage-based attorney Ken Elwood said he was contacted last week by Solicitor General Tom Fisher, who requested a copy of the lawsuit and said the office would be joining the legal battle on Soliday's behalf.

"I think it's ridiculous," Elwood said.

If the state should step in to represent anyone in this legal dispute, it should be all the disenfranchised voters from the 4th District, he said.

Staci Schneider, a spokeswoman for Indiana Attorney General Steve Carter, a Republican, said Monday the office had no comment on the issue.

Five voters from Porter and Jasper counties filed suit Wednesday claiming Soliday does not live within his legislative district as is required by law.

The group argues the error occurred Oct. 16, 2001, when Porter County commissioners exceeded their authority by reconfiguring the House district lines while revamping a few local precincts.

That change inappropriately moved Soliday's property at 2307 Throughwoods Drive from the 10th District to the 4th District, which he now represents.

"Only the state Legislature has the constitutional authority to redraw its House Districts," according to the lawsuit.

The lawsuit before Porter Superior Court Judge Bill Alexa asks the court to replace Soliday with Democratic challenger Sylvia Graham, who he defeated last fall for the two-year term. If that is found to be improper, the group asks that a special election be ordered..

Here is list of earlier ILB entries on the Soliday election dispute.

Posted by Marcia Oddi on February 27, 2007 08:34 AM
Posted to Indiana Law