Absentee Ballots in Vern Tincher's district - are being THROWN OUT

Marion Superior Court Judge Gary Miller ordered all of the absentee ballots be remade with the incumbents name - LaPlante to replace Lee.

They are supposed to send new ballots to everyone - but if you have voted or know anyone who has - you should be aware of what is going on.

This could affect people in Clay, Monroe and Vigo counties - District 46.

It's some kind of crazy thing like Lee was running - but then supposedly he moved out of the district - but he didn't really... and they just want to get the incumbent back on the ballot.

From what I just heard from someone who walked into the Jennings for Congress office here not long ago. So it's still weird right now - apparently, LaPlante will not be on the ballot, again.

Plus, outside Union Hospital in Terre Haute, LaPlante people were handing out flyers and bumper stickers and t-shirts saying "Mommy is a woman, daddy is a man" - they were asked to leave :)

It sounds like it's up in the air now....

http://www.heraldtimesonline.com /

"It's going to take the Indiana Supreme Court to decide which Republican's name will appear on the ballot as the candidate for Indiana House District 46. That's causing a headache for county clerks, including those in Monroe and Owen counties, who already have folks casting absentee ballots. It's also an issue that could decide whether Republicans or Democrats control the Indiana House in 2005-06.

Indiana Chief Justice Randall Shepard has signed an order authorizing a full-court review of a court ruling in Indianapolis on the bitterly partisan brawl of whether Jeff Lee or R. Brooks LaPlante should be the GOP candidate. Early this year, one-term Rep. LaPlante said he wasn't seeking re- election. Lee won the GOP primary in May to run against former district representative Vern Tincher, whom LaPlante had unseated in 2002. But a few weeks ago, Lee announced he was dropping out of the race and asked to be removed from the ballot, saying he'd moved from the district. State Republicans said they intended to fill his spot with LaPlante, who had reconsidered his decision not to run.

Democrats cried foul, alleging Lee hadn't moved out of the district and that in any event, the deadline for filling ballot vacancies was past. The issue went to the state election board, which was divided on the issue. So earlier this week, it was referred to Marion County Superior Court, where a judge ruled Thursday that LaPlante should replace Lee on the ballot.

Democrats immediately filed an appeal, and Shepard agreed to convene as a full court to hear and rule on the issue. However, as of late Friday afternoon, Monroe County Clerk Jim Fielder said the justices hadn't indicated when they'd hear the case, leaving him unsure how to proceed...."

the problem is with the military vote - they're already in, and it would be too late for overseas military personnel to vote again without violating federal election law.

appeared to suggest that, at least in Monroe county, they would attempt to have people re-vote that race when the ballot issue was resolved; for those absentee voters who for whatever reason could not revote, only the vote for the race at issue would be thrown out.

"Plaintiff respectfully suggests that the following language would make the intent of paragraph 3 more clear so that it will not be misinterpreted:

In addition, the Defendant County Election Boards are hereby mandated to immediately send notice and replacement ballots to all absentee voters, who have been provided absentee ballots with Jeff Lee’s name on them, advising them that their previously cast vote in House District 46 is void and will not be counted, that if they would like to vote for a candidate in House District 46, they need to send in the replacement ballot, and further that, if the voter chooses to utilize the replacement ballot, he or she should complete the replacement ballot as if voting for the first time."

From:

STATE OF INDIANA, ex rel. INDIANA STATE REPUBLICAN CENTRAL COMMITTEE, Plaintiff, v. MARY C. BROWN, HOLLY FRODERMAN, and GARY WOLFE, in their Official Capacities as Members of the Clay County Election Board; et al., Defendants. Cause No. 49D05-0410-MI-001912 Division No. 5 Room No. W-507 - Oct. 22, 2004.

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There was supposed to be a ruling at noon today - but I haven't heard/seen anything yet.

http://www.tribstar.com/articles/2004/10/28/news/news02...

Judge rules Lee's withdrawal invalid

Dueling rulings set up another hearing in Court of Appeals

By Peter Ciancone/Tribune-Star

October 28, 2004

Republican House candidate Jeff Lee is back on the ballot.

Pending another Indiana Court of Appeals ruling, that is.

Sullivan County Judge Thomas Johnson ruled Wednesday that Lee's withdrawal from Indiana's District 46 House race is invalid because he had not made a change of address before submitting his second candidate withdrawal.

Johnson's ruling instructed the Indiana Election Division not to certify any other candidate, and instructed election boards in the four counties of the district -- Clay, Monroe, Owen and Vigo -- to leave Lee's name on the ballot, just days after they were ordered to replace him.

Johnson's decision conflicts with a Marion County Court order last week allowed Lee to be replaced on the ballot by incumbent Rep. Brooks LaPlante, a decision upheld Monday by the Indiana Court of Appeals.

The dueling rulings set up another hearing in the Indiana Court of Appeals.

http://www.indystar.com/articles/0/190268-5570-009.html

In yet another court decision about who should be on the ballot in Indiana House District 46, the Indiana Court of Appeals on Thursday vacated a Vigo County judge's order and paved the way for Rep. R. Brooks LaPlante to be Tuesday's Republican nominee.

Wednesday, a Vigo County judge declared that Jeff Lee, the winner of the May primary, didn't legally withdraw from the race and must stay on the ballot. But Thursday's unanimous appeals court ruling canceled that order.

That means an order from last week, issued by Marion Superior Court Judge Gary L. Miller, still stands. Miller ruled that LaPlante is the rightful candidate and should be on the ballot. Vern Tincher is the undisputed Democratic nominee. * * *

In its order, the appeals court said adequate remedies exist in the event LaPlante is wrongly placed on the ballot, but "there is no adequate remedy if he is wrongly kept off the ballot."

LaPlante is now running radio ads around here attacking the "liberal Vern Tincher." If Tincher loses, we are in a world of shit in this state - that could swing the legislature over to the GOP, and this is a bad thing.