ILNews

High court asked to intervene in recount

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court is being asked to toss out a trial judge's order for a Terre Haute mayoral race recount because the petitioner failed to include the winner's middle initial.

Attorney James Bopp Jr. with Terre Haute law firm Bopp Coleson & Bostrom filed an emergency request Thursday afternoon for the justices to intervene in the recount challenge, contending that Vigo Circuit Judge David Bolk didn't have jurisdiction to order a recount from the Nov. 6 election. Democratic Mayor Kevin Burke asked for a recount shortly after losing by 107 votes to Republican Duke Bennett.

But Bopp argues that Judge Bolk, who serves as both a Circuit and Superior judge, didn't have jurisdiction because of the variance in Bennett's name as it appeared in court papers and on the ballot. On the ballot, his full name with middle initial "A" is listed, while the challenge petition did not list that initial.

Therefore, the court can't rule on the recount, Bopp's brief says.

Earlier this week, Judge Bolk denied motions to dismiss recount and election challenge petitions on the name variance grounds, leading to the Supreme Court filing.

"While such an error might seem trivial, it was significant enough of a distinction to the legislature to amend recount of election requirements to specifically require a candidate's name as written on the ballot in a recount proceeding," the brief states, "and is likewise enough of an omission to divest (Vigo Circuit Court and Judge Bolk) of jurisdiction."

Bopp cites three Indiana Supreme Court cases as authority that specific names must be included and mirror the ballot: State ex Rel Young v. Noble Circuit Court, 332 N.E.2d 102 (Ind. 1975); Marra v. Clapp, 262 N.E.2d 631 (Ind. 1970); and State v. Lake Circuit Court, 121 N.E.2d 647, 649 (Ind. 1954).

This recount petition suffers a similar, fatal flaw as those cases, Bopp contends in his brief, and Burke's doesn't meet state law requirements.

Denying this petition would create extreme hardship for the newly-elected mayor by being "unnecessarily delayed" in taking the position and subject him to further scrutiny beyond the judicial jurisdictional scope, Bopp's brief states.

A trial has been scheduled for Dec. 17 on the recount challenges, according to the local court calendar, but that may not happen depending on action from the state's high court.
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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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