The Indiana Election Commission has been added to the list of “administrative agencies” considered in Indiana’s Rules of Appellate Procedure.
Pursuant to a rule amendment that will take effect May 1, Rule of Appellate Procedure 2, which covers definitions, will include the Indiana Election Commission in the definition of an “administrative agency.”
Other organizations already defined as administrative agencies under Rule 2(A) include the Worker’s Compensation Board, Indiana Civil Rights Commission, Indiana Regulatory Commission and Review Board of the Department of Workforce Development.
The April 20 order signed by Indiana Chief Justice Loretta Rush notes the amendment was “made for consistency with Indiana Code section 3-8-8-6,” which addresses an appeal of a commission determination, specifically related to the removal of a name from a ballot for legislative or state office in a general election for disqualification or withdrawal.
The statute holds that: “The candidate or the challenger may appeal any final action: (1) that the commission has taken; or (2) that the commission is considered to have taken under section 5 of this chapter; to the court of appeals for errors of law under the same terms, conditions, and standards that govern appeals in ordinary civil actions.”
It continues, “An assignment of errors that the commission’s final action is contrary to law is sufficient to present both the sufficiency of the facts found to sustain the commission’s action and the sufficiency of the evidence to sustain the finding of facts upon which the commission’s action was rendered.”