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Lake Circuit candidate can stay on ballot for now

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A Highland attorney is back on the ballot for a Lake Circuit judge opening after he received a temporary restraining order that says the Indiana Election Commission shouldn’t have removed his name as a candidate for the general election.

Marion Superior Judge Michael Keele signed an order Monday putting judicial prospect William I. Fine back on the Nov. 2 ballot. Fine is the Republican candidate for the seat being vacated at year’s end once Lake Circuit Judge Lorenzo Arredondo retires. Merrillville Town Judge George Paras won the Democratic primary in May. No Republican was on the primary ballot, so county party chair Kim Krull in June named Fine to fill that ballot vacancy.

But some questioned his candidacy based on the party chair’s ability to name a candidate herself rather than conducting a caucus as the party rules stipulate. The four-member Indiana Election Commission on Sept. 2 couldn’t reach a decision and deadlocked with a 2-2 vote, meaning Fine was removed from the ballot unless a court action said otherwise.

At that hearing, Fine’s counsel wanted the commission to deny the challenge outright because they didn't believe the state board had jurisdiction to decide the matter because it was a party rule issue. An attorney for Michael Lambert – one of several people who are challenging how Fine was chosen – questioned the Republican Party rules and state statute allowing that to happen without a party caucus and someone else having a chance at the ballot spot.

Represented by Indianapolis attorney David Brooks, Fine appealed late last week in Marion County where the state commission is based.

In a four-page order, Judge Keele determined that immediate action was needed because the local election board will be mailing the absentee and early ballots this week. Fine has a “reasonable likelihood of success on the merits” but likely wouldn’t be able to have a hearing on this matter before that ballot deadline, so he’s without any adequate remedy of law and this restraining order is warranted, the judge ruled.

Specifically, Judge Keele noted that no basis in law exists to interpret state party rules in a way to override a statute and that the election commission doesn’t have the subject matter jurisdiction to endorse state party rules, let alone at the expense of a statutory grant of power to a county chair.

“The injury to Petitioner in removing his name from the ballot in violation of Indiana and Federal law outweigh the potential harm to the IEC or Lambert resulting from the granting of a temporary restraining order and a preliminary injunction,” Judge Keele wrote, noting that the public interest would be best served by granting both.

A consolidated hearing on Fine’s request for a permanent injunction and declaratory relief to remain on the ballot has been set for 2:30 p.m. Sept. 23.

In response to questions from Indiana Lawyer, Fine wrote that he’s confident his appeal will succeed on the merits and that the state commission doesn’t have the authority to keep him off the ballot.

“Allowing such an intrusion into the political process is inconsistent with rights contained in both the U.S. and Indiana Constitutions,” he said in an e-mail. “The actions taken by the Lake County GOP and its Chairman were entirely appropriate and were consistent with longstanding Indiana law and a proper reading of the Indiana Republican Party Rules. A strong two party system is healthy for a vibrant, diverse community like Lake County and I am proud that our voters will have a choice as to who is elected their next Circuit Court judge.”
 

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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