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COA at Purdue University for election case

April 13, 2009

A panel of Indiana Court of Appeals judges visits Purdue University Tuesday for arguments in an election dispute out of Delaware County. Judges Cale Bradford, Melissa May, and Margret Robb will hear arguments in Jim Mansfield v. Sharon McShurley and the Delaware County Election Board, No. 18A02-0804-CV-375, which stems from whether Jim Mansfield or Sharon McShurley was elected mayor of Muncie.

Mansfield was originally elected; after a recount, his opponent McShurley was declared the winner. The trial court dismissed Mansfield's challenge because the election contest must be brought within 14 days after Election Day. Mansfield argues for the two weeks after the election he was the apparent winner and therefore couldn't challenge the recount results within the two-week statutory timeframe and that strict compliance with the statute isn't required. Mansfield also believes the trial court erred in dismissing his amended complaint questioning the exclusion of certain voters.

Arguments begin at 5 p.m. at the Fowler Auditorium in the Stewart Center, 128 Memorial Mall, Purdue University, West Lafayette.

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