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Wednesday, March 14, 2007

Ind. Law - Soliday election dispute hearing delayed

Bob Kasarda of the NWI Times reports today:

VALPARAISO | State Rep. Ed Soliday, R-Valparaiso, nearly will complete the first of his two legislative sessions before the legal challenge to his residency is heard in court.

A hearing on Soliday's request to dismiss the case was postponed Tuesday until April 17 because of a scheduling conflict with his Indianapolis-based attorney, William Bock.

Bock said he would be out of state on the original March 23 hearing date.

The delay was arranged during a teleconference Tuesday morning involving Porter Superior Judge Bill Alexa, Bock and Portage attorney Ken Elwood, who is representing the local voters posing the residency challenge.

Timing in the case has been raised as an issue by both sides in the dispute.

Bock argues the residency challenge should be dismissed because it is unconstitutional to serve a state lawmaker with a civil lawsuit while the Indiana General Assembly is in session.

Elwood has said the prohibition does not apply to Soliday because he does not live in his legislative district as is required by law and is thus not a valid lawmaker.

If the court determines the protection does apply to Soliday, Elwood asks that rather than dismiss the case, the court puts it off until the current legislative session ends. The session is expected to last until April 29.

Concern also has been raised about the legitimacy of the votes being cast by Soliday if it is later determined he does not live within his district, as is required by law.

Here is a list of earlier ILB entries on the dispute.

Posted by Marcia Oddi on March 14, 2007 09:34 AM
Posted to Indiana Law