An AP story today, headlined "LaPlante's spot on District 46 ballot may trigger legal battle following election," reports:
INDIANAPOLIS — Republican state Rep. R. Brooks LaPlante will be on the ballot in Western Indiana's House District 46, but a marathon legal battle over the race might continue after Tuesday's election.Posted by Marcia Oddi at October 31, 2004 09:54 AMThe state Democratic Party said Friday that it would not challenge orders by the state Court of Appeals that LaPlante's name be on the ballot in place of Jeffrey Lee's. The court did not require that new absentee ballots with LaPlante's name on them be mailed out unless voters asked for them. * * *
"At this point, we don't plan to pursue any further legal challenges in the District 46 race," Democratic Party spokesman Terry Burns said. "We will let the election take its course and then re-evaluate the situation."
"It is still our contention that Lee is the legitimate Republican candidate and that his two alleged withdrawals were invalid and were just an attempt by Republicans to circumvent state election laws," he added.
Although LaPlante's name will be on the ballot, the Court of Appeals has not ruled on the merits of the case. That means one or both parties could pursue further litigation after the election.
James Bopp Jr., an attorney for the state Republican Party, said he was pleased that LaPlante will be on the ballot Tuesday. But he said that at least 1,000 voters will end up being disenfranchised because they cast absentee ballots with Lee's name on them.
Bopp said that under the court orders and the law, absentee ballots checked as voting a straight Republican ticket would count for LaPlante, but split-ticket ballots in which Lee's name was specifically marked would not count for LaPlante.