ILNews

Dead candidates remain on primary ballot

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals examined state statutes to determine which apply when a candidate dies before the primary but wins the election, an issue the court hadn't tackled before.

In Dan Lockard v. Charles Miles and John Mullican, No. 84A04-0708-CV-493, Lockard challenged his loss to Charles Miles in the Terre Haute Democratic primary. Miles died April 18, 2007, nearly three weeks before the May 8 primary, and media in Terre Haute first reported his death April 19. Lockard and Miles were the only two candidates on the ballot for the Democratic Party primary for City Council District 6 seat.

After the election and pursuant to Indiana Code Section 3-13-1-8, the Vigo County Democratic chairman filed a notice of party caucus to fill a candidate vacancy because Miles couldn't run in the main election. At the caucus, John Mullican was chosen over three other candidates - including Lockard - to be the democratic nominee for the seat.

Lockard had filed a verified petition for an election contest, arguing that because Miles died, he didn't meet the residency requirements to run for office.

A special judge appointed to the case denied Lockard's petition, finding the issue wasn't whether Miles met the residency requirements but rather that proper statutory procedure following the death of a candidate before a primary election was followed.

The Indiana Court of Appeals affirmed the judge's decision to deny Lockard's petition, citing this is an issue of first impression.

The Court of Appeals rejected Lockard's argument that Miles failed to meet the residency requirements under I.C. 3-8-1-27 so Lockard should have been declared the winner. Judge Nancy Vaidik wrote there are more specific state statutes - instead of the residency requirement statute - that address what happens when a candidate dies as opposed to becoming ineligible for office.

The statute on early candidate vacancies applies to Miles because he died more than 30 days before the general election. This statute states in I.C. 3-13-1-2, "A candidate vacancy that exists on a primary election ballot may not be filled for the primary election." Candidates' names may be removed from the general election ballot but not the primary ballot, wrote Judge Vaidik.

Because Miles' name could not be removed from the ballot, his name properly remained on the ballot. Voters who knew of his death still elected him into office, perhaps a testament that voters did not want Lockard to win, she wrote. Because Miles won, a caucus was triggered under Indiana statute, in which Mullican was elected as the general election democratic candidate.

"Because Lockard was defeated in the primary election and filed a declaration of candidacy for nomination by a caucus, and was defeated, Lockard was not eligible to become a candidate for City County District 6 in the 2007 general election," she wrote.
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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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