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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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