« Ind. Law - Severe impact of 2006 wine-shipping law changes on small, family-owned wineries | Main | Ind. Law - A convicted sex offender in White County is challenging new state law »
Saturday, August 04, 2007
Ind. Law - More on: Lake election board reversed by court on party-change issue
Updating this ILB entry from Aug. 3rd, the Gary Post-Tribune editorializes today:
Highland residents got the justice they deserved this week when a judge ruled a town councilman can continue his quest to seek election as a member of a political coalition he helped found.Mark Herak broke away from Republicans this spring to form the Highland First Party, citing several town needs he believes aren't being met by Democrats or the GOP. His plan was immediately challenged by Lake County Republican leadership, which took the case to the Election Board. That body ruled to bar Herak from the ballot, saying he could not renounce his party membership and retain the seat he won as a Republican.
But that ruling, the Lake County judge pointed out, neglected a little matter called state law. Under the Indiana Constitution, Herak is, indeed, free to change his party affiliation without stepping down from public office.
It's this issue, we believe, that goes beyond Highland town politics and cuts to the heart of the right of individuals to free political expression.
When an elected leader believes it's time to raise a new voice on the public square, the law rightly allows voters -- not party leadership -- to decide if that's a voice worth heeding.
Posted by Marcia Oddi on August 4, 2007 09:32 AM
Posted to Indiana Law