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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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