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Justices put school board member back on Hammond mayoral ballot

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The Indiana Supreme Court late Thursday reversed a decision from a Lake Superior judge and put a nonpartisan school board member back on the ballot for the Hammond mayoral run in the upcoming primary election.

An emergency transfer decision file-stamped at 4:10 p.m. came in George T. Janiec v. Lake County Board of Election and Registration, No. 45S00-1104-MI-228, with the justices unanimously ruling that the county election board is enjoined from keeping Janiec’s name off the ballot. Any absentee or early ballots cast by 4 p.m. April 21 remain valid, and the rest of the ruling details how the remaining votes should be handled.

Local voting machines must be reprogrammed to include Janiec’s name for the May 3 primary voting, and the parties must “immediately agree on a mechanism” for absentee and early voters who’ve received but not yet turned in ballots without his name to have the option to vote for Janiec if they choose.

This changes how the county had been handling the issue after an election board decision in early March set this all in motion.

The Democratic members of the Lake County election board removed Janiec from the ballot, finding that state statute prevents local school board members from political campaigning and saying that Janiec can only run for mayor if he first resigned from the nonpartisan school board. Janiec refused and appealed in court, and Judge Jesse Villalpando on March 30 declined to overturn the election board’s decision.

Judge Villalpando ruled that the election board acted consistently with legislative authority and local school board ethics policy disallowing this practice, despite the fact that two other school board members in Lake County are currently running for city council seats and it’s been done in the past in a state Senate race.

Attorneys for Janiec immediately appealed and asked the Supreme Court to grant emergency transfer because of the approaching election and early voting that began April 4.

“The Court finds no basis in statute or law for disqualifying Janiec on this basis,” the justices' per curiam decision says, citing its 2009 decision in Burke v. Bennett, 907 N.E.2d 529, 532, that impacted the Terre Haute mayoral race and held the disqualification statute must be construed in harmony with the longstanding policy on giving people the right to have free and equal elections.

Highland attorney William Fine, who is representing Janiec, said this court ruling reaffirms settled law and practice within the state of Indiana. He didn’t immediately know how many ballots would remain valid without Janiec’s name, or whether that issue could resurface down the road following the primary election. Janiec had run against Democratic incumbent Tom McDermott in 2007 and lost by less than 500 votes.

A 12 p.m. Monday deadline is set for the parties to agree on a way to handle the remaining votes on already distributed ballots, and the court will then resolve any remaining disputes.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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