As reported here in the Indiana Law Blog earlier this week, yesterday in Fort Wayne the Indiana Supreme Court heard oral arguments in the case of East Chicago voter fraud case, Pabey v. Pastrick. The Munster NWI Times covers the arguments here today. Some quotes:
FORT WAYNE -- In arguments before the Indiana Supreme Court on Tuesday, attorneys for challenger George Pabey asked the justices to order a special election for the East Chicago mayor's office because last year's Democratic primary was tainted by pervasive fraud.The Gary Post-Tribune also covered the arguments in this story [Remember - the Tribune does not archive its stories]. Some quotes:Attorneys for Mayor Robert Pastrick argued the challenger has no legal right to a court-ordered remedy and could not prove that it was impossible to decide who won the May 2003 primary. They asked the court to uphold the earlier decision of trial judge Steven King, but not grant Pabey's request for a special election. In a strongly worded ruling, King found evidence of widespread fraud and threw out 155 absentee ballots. That still wasn't enough to give the victory to Pabey, who won by 199 votes at the polls, but lost after a count of absentee ballots that favored Pastrick by 2-1.
[More] The WISHTV Indianapolis site has a brief story today titled "State High Court Mulls Special Election for East Chicago Mayor." It also links to an earlier (but undated) story by political reporter Jim Shella titled "'Sidewalks for Votes' Alleged in East Chicago" that begins:
FORT WAYNE — Members of the state Supreme Court gave few hints whether they believe the 2003 East Chicago primary was so fogged by corruption that the court will order a special election.The justices have never ordered a special election under state election statutes.
Attorneys for East Chicago Mayor Robert Pastrick and the Lake County Election Board argued the high court has no authority in cases of fraud.
Attorneys for his challenger, former East Chicago City Councilman George Pabey and the office of Indiana Attorney General Steve Carter, argued that the instances of fraud and abuse detailed by Special Judge Steven King in his trial court ruling painted an overwhelming case. * * *
Attorney General Steve Carter intervened in the Supreme Court case as a friend of the court. His argument is that the court does have authority to order a special election. After the hearing, he held a news conference to say that cleaning up the election process in East Chicago had statewide implications. “We think that this is the only way to restore public confidence in the elections,” Carter said.
Though the contest has been over for nearly a year, Carter said he did not see a legal problem with ordering a special election for the May 2003 mayoral primary and following with a general election.
In more than an hour of testimony, none of the justices asked questions about the mechanics of running a special election. The court has the option of ordering the election, denying Pabey’s challenge or sending the case back to trial judge to make a final decision, Cotzan said.
Chris Sautter’s documentary film about the 1999 Mayoral Primary race in East Chicago, "The King of Steeltown," includes a lengthy sequence about a sidewalk reconstruction program. The project was carried out by the administration of East Chicago Mayor Robert Pastrick, an icon in Indiana politics now seeking his ninth term. (In 1999 Pastrick was facing a serious challenge from Lake County Democratic Chairman Stephen Stiglich.)For more on "King of Steeltown" (the movie) check here and here. Posted by Marcia Oddi at April 14, 2004 11:33 AM