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5 political candidates file lawsuit

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Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.

The lawsuit filed Thursday in Marion Circuit Court claims that the Marion County Board of Voter Registration illegally denied the candidates access to public information in its voter registration base. The plaintiffs also allege that the Election Board violated the public record laws by not adopting a policy that would allow them access to the information.

The plaintiffs are Greg Bowes, the former Marion County assessor who is a Democratic candidate for Superior Court judge; Marion Superior judge candidates Mark King, a Democrat, and Paul Ogden, a Republican; and Zach Mulholland and Brian Cooper, both Democrats running for the Indiana House.

Bowes’ campaign issued a press release Thursday morning announcing the lawsuit. He, along with King and Ogden, are running against the slated candidates in Marion County – the candidates endorsed by the local Democratic and Republican parties.

According to the release, the plaintiffs believe the two county boards are “doing the bidding of the party county chairmen in violation of the law. The board members are paid with tax dollars, but serve at the pleasure of the county chairmen.”

In January, Ogden sent a letter to the Indiana Judicial Qualifications Commission arguing that the Marion County judicial candidate fees are required “slating fees” that the commission prohibited in a 1992 advisory opinion. Both political parties ask for thousands of dollars from their judicial candidates – anywhere from $12,000 to $13,500 –but party chairman contend that the fees aren’t mandatory and are strictly designed to help cover costs.

In Marion County, Republican and Democratic candidates get the same number of judicial candidate ballot spots. Parties hold slating conventions where they endorse who will appear on the ballot and each party collects money from those candidates to pay for the election costs. If someone isn’t slated and decides not to run against the slated candidates, that person receives an 80 percent refund.

 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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