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Elected official loses appeal in voter registration removal

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A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.

“This case is about small town politics, a bare-knuckle brawl, and the right to vote. But the appeal before us is limited to drier subjects: sovereign immunity, and the pleading requirements for a civil rights action against a Municipality,” Judge Michael Kanne wrote in the opening paragraph of David R. Snyder v. J. Bradley King, Trent Deckard, Linda Silcott and Pam Brunette, 13-1899.

David Snyder was a town councilman when he got into a fist fight with a fellow councilman in 2007 during a council meeting. He was convicted of misdemeanor battery and was put on probation. He violated the terms of his probation a year later and was incarcerated for a period of time. While incarcerated, St. Joseph County Voter Registration Board members Linda Silcott and Pam Brunette, sent him a letter saying he would be removed from the voter registration list while imprisoned.

Snyder was free to re-register after getting out of jail, but declined to do so. When he was turned away from a special election in 2009, he filed this lawsuit against Silcott and Brunette, along with J. Bradley King and Trent Deckard in their official capacities as co-directors of the Indiana Election Division. The lawsuit led to the Indiana Supreme Court answering a certified question as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.

The Indiana Supreme Court agreed that Snyder’s disenfranchisement was not authorized under the particular provision at issue, but held that the Indiana Constitution separately authorized the assembly to temporarily disenfranchise any incarcerated convict. Judge William Lawrence then dismissed the case, citing in part Monell v. Dept. of Soc. Servs., 436 U.S. 358 (1978).

“We acknowledge that the right to vote is fundamental, and we do not take any case alleging its infringement lightly. But it is incumbent on a litigant to identify a proper defendant for his suit and to properly plead an action against that defendant. Snyder has not done so. Because Snyder has waived any challenge to the dismissal of the State Defendants, and because he has failed to state a claim against the County defendants, we affirm the district court’s dismissal of his suit,” Kanne wrote.

Chief Judge Diane Wood concurred in result, writing the reason Synder fails is not because a claim against the county was impossible under the state and county laws governing voter registration, it is because he failed to plead the correct causes of action.
 

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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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