ILNews

Unslated candidate files suit against Marion County Election Board

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  2. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Tamara Barrow am from USA I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.voodoo, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact his email at: voodoospelltemple66@gmail.com visit his website on http://drvodoospelltemple.webs.com

  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

  5. Banana.Republic

ADVERTISEMENT