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Unslated candidate files suit against Marion County Election Board

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A Democratic candidate for state representative for Indiana’s District 100 who was not slated by his party is suing the Marion County Election Board after the board ordered his election materials seized before the primary election for violating Ind. Code 3-14-1-2.

The American Civil Liberties Union of Indiana filed the lawsuit in federal court in Indianapolis Tuesday, asking for declaratory and injunctive relief on behalf of Zachary Mulholland. Mulholland sought to be the slated candidate for the Democratic Party for District 100, but Dan Forestal was slated and endorsed by the party.

Mulholland ran against the slate and printed a flyer for the May 2012 primary that listed various Democratic candidates, including himself. According to the lawsuit, the flyer was not misleading or fraudulent, and did not imply or state Mulholland was endorsed by the Democratic Party.

On May 8, 2012, primary day, the Marion County Election Board found the flyer violated I.C. 3-14-1-2 because the names of the candidates appearing on the slate and the consent of the candidates to be listed were not submitted to the board within five days of printing or distributing the material. The Marion County Sheriff’s Department assisted in collecting the voting materials, according to the suit.

The lawsuit claims that the board cannot subpoena Mulholland to appear before it and discuss the distribution of the election materials because I.C. 3-14-1-2 was found unconstitutional in Ogden v. Marendt, 1:03-CV-415, (S.D. Ind. 2003).

Because he ran against the slate, Mulholland won’t be able to be slated for at least six years pursuant to Marion County Democratic Party rules, the suit says. He wants to run for future offices and produce flyers that are “slates” as specified in I.C. 3-14-1-2. “Slate” is defined as “a sample ballot, reproduction of an official ballot, or a listing of candidates: (1) having the names or numbers of more than one (1) candidate for nomination at a primary election; and (2) that expresses support for more than one (1) of the candidates set forth on the ballot or list.”

“Zachary Mulholland is currently having Indiana Code 3-14-1-2 enforced against him through the as-of-yet unissued, but ordered subpoena, and is threatened with enforcement against him of the law in the future by the defendant when he runs for future offices,” the suit says. “Plaintiff is being caused irreparable harm for which there is no adequate remedy at law.”

The suit, Zachary Mulholland v. Marion County Election Board, 1:12-CV-1502, seeks to prevent the election board from enforcing the statute in question in any manner.

Mulholland is currently a research analyst at the Indiana University Public Policy Institute and received his law degree from I.U. Robert H. McKinney School of Law.

 

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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