October 27, 2004

Indiana Decisions - The latest on District 46 ballot dispute

The Terre Haute Tribune Star is reporting, in a story just posted:

The legal wrangling over the Republican nomination in Indiana's House District 46 continued Tuesday with a higher court ruling on one appeal and a lower court hearing over the validity of the previous candidate's withdrawal.

The Indiana Court of Appeals on Tuesday upheld a Marion County Court ruling that put incumbent Rep. Brooks LaPlante on the ballot. But it stayed the lower court's ruling that would have forced local election boards to notify voters who already have sent absentee votes that they will need to submit a replacement ballot if they want their vote in the District 46 race to count.

That stay is pending further ruling from the Court of Appeals.

Votes in other races on those ballots will be counted whether a replacement is submitted or not. The Court of Appeals also left the cost for any additional ballots with the four counties involved: Clay, Monroe, Owen and Vigo.

Meanwhile ActionNews10 is reporting:
It all started when Republican candidate Jeff Lee moved out of the district and dropped out of the race.

A Marion County judge ruled current incumbent Brooks LaPlante should be placed on ballots in Vigo, Clay, Owen, and Monroe counties. He also ruled all absentee votes in that race would not count.

But now, a special judge brought in from Sullivan County says he has just as much authority as the Marion County judge. If the Sullivan County judge rules Lee should stay on the ballot, the case could go to the Indiana Supreme Court.

More on this in today's Trib-Star story:
In Terre Haute on Tuesday, Sullivan County Judge Thomas Johnson listened to testimony from Lee, and asked for written briefs from both side to be presented no later than noon today. Johnson's ruling on the case could come as early as today.

Posted by Marcia Oddi at October 27, 2004 10:18 AM