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Governor, Election Commission now defendants in Marion County election case

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A federal suit that challenges the constitutionality of Marion County judicial elections has been amended to name the governor and members of the Indiana Election Commission as defendants.

Common Cause and the American Civil Liberties Union of Indiana have amended their complaint that seeks a hearing on an injunction against enforcement of Indiana Code 33-33-49-13. The amended complaint in Common Cause v. Indiana Secretary of State, 1:12-CV-1603, was filed Thursday in the District Court for the Southern District of Indiana.

The complaint was amended after the state filed a motion to dismiss, claiming the complaint fails to state a claim on which relief can be granted and is barred by the 11th Amendment. The state also claims that the secretary of state is powerless to enforce the law in question.

Common Cause in its complaint filed in November said the law setting forth the process for electing Marion Superior judges is “unique in Indiana, and perhaps in the nation.”

State law permits Democratic and Republican parties to conduct primary elections to fill exactly half of the judicial seats, “which renders the general election a mere formality,” according to a statement from ACLU of Indiana. Each party “slates” 10 candidates before the primary for 10 judicial vacancies allotted to each party. Voters in the general election then choose up to 20 judges of the 20 on the ballot.

The process of “slating” of Marion County Superior judicial races has drawn criticism, since each candidate who earned the party’s endorsement on the primary ballot contributed identical amounts to the local party before each party’s slating convention preceding the primary. For Democrats, the contribution was $13,100; for Republicans, it was $12,000, according to a review of campaign contributions earlier this year by Indiana Lawyer.

No hearing has been set in the matter.

 

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  • Slating?
    I think there needs to be a correction. I believe the lawsuit only challenges the process by which the Democrats nominate half the judges and the Republicans nominate half and everyone is elected in the fall, leaving voters without a choice. I don't believe the lawsuit challenges slating at all. Slating is a separate matter from the issue raised in the lawsuit.

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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