ILNews

High court asked to intervene in recount

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court is being asked to toss out a trial judge's order for a Terre Haute mayoral race recount because the petitioner failed to include the winner's middle initial.

Attorney James Bopp Jr. with Terre Haute law firm Bopp Coleson & Bostrom filed an emergency request Thursday afternoon for the justices to intervene in the recount challenge, contending that Vigo Circuit Judge David Bolk didn't have jurisdiction to order a recount from the Nov. 6 election. Democratic Mayor Kevin Burke asked for a recount shortly after losing by 107 votes to Republican Duke Bennett.

But Bopp argues that Judge Bolk, who serves as both a Circuit and Superior judge, didn't have jurisdiction because of the variance in Bennett's name as it appeared in court papers and on the ballot. On the ballot, his full name with middle initial "A" is listed, while the challenge petition did not list that initial.

Therefore, the court can't rule on the recount, Bopp's brief says.

Earlier this week, Judge Bolk denied motions to dismiss recount and election challenge petitions on the name variance grounds, leading to the Supreme Court filing.

"While such an error might seem trivial, it was significant enough of a distinction to the legislature to amend recount of election requirements to specifically require a candidate's name as written on the ballot in a recount proceeding," the brief states, "and is likewise enough of an omission to divest (Vigo Circuit Court and Judge Bolk) of jurisdiction."

Bopp cites three Indiana Supreme Court cases as authority that specific names must be included and mirror the ballot: State ex Rel Young v. Noble Circuit Court, 332 N.E.2d 102 (Ind. 1975); Marra v. Clapp, 262 N.E.2d 631 (Ind. 1970); and State v. Lake Circuit Court, 121 N.E.2d 647, 649 (Ind. 1954).

This recount petition suffers a similar, fatal flaw as those cases, Bopp contends in his brief, and Burke's doesn't meet state law requirements.

Denying this petition would create extreme hardship for the newly-elected mayor by being "unnecessarily delayed" in taking the position and subject him to further scrutiny beyond the judicial jurisdictional scope, Bopp's brief states.

A trial has been scheduled for Dec. 17 on the recount challenges, according to the local court calendar, but that may not happen depending on action from the state's high court.
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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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