« Ind. Decisions - "Just Call This Deal Hoosier Baroque" | Main | Ind. Courts - Madison Superior Court 2 Judge Jack Brinkman retiring »

Sunday, December 21, 2008

Ind. Courts - More on "Vanderburgh Little Hatch Act cases set for Jan. 8"

Updating this ILB entry from yesterday, today Thomas B. Langhorne of the Evansville Courier & Press has a lengthy report that includes these quotes:

What Vanderburgh County Republicans knew and when they knew it will be key issues in the GOP's lawsuit seeking to have Democrats Steve Melcher and Ed Bassemier declared ineligible to seek office.

Citing a 1958 Indiana Supreme Court case in which a losing candidate unsuccessfully challenged the winner's eligibility, Bassemier's lawyers argued in court papers filed Friday that the GOP's lawsuit is moot because the party didn't act before the Nov. 4 election.

That case, Oviatt vs. Behme, also was cited in the Nov. 13 Indiana Court of Appeals decision that inspired the local GOP's lawsuits.

Bassemier's team cites "Indiana's well-established common law rule that a successful post-election challenge cannot be maintained on the grounds of the winning candidate's ineligibility unless the voters knew of that ineligibility and wasted their votes accordingly." * * *

In separate suits that will be heard by a Vanderburgh County judge on Jan. 8, Republicans argue Bassemier, who won an at large County Council seat, and Melcher were prohibited from seeking office under the Little Hatch Act. The federal law limits the political activities of people whose jobs are funded at least in part by federal money.

The story also provides a link to 2 pages filed by "Contestee" Ed Bassemier, listing his affirmative defenses.

Posted by Marcia Oddi on December 21, 2008 12:05 PM
Posted to Indiana Courts