"THE SEARCH FOR JUSTICE"
"in the absence of fraud ( accidental or intentional)?
the public interest..
cited by Adam Henry
procedure for statewide office; again:
White v. Indiana Democratic Party, 963 NE 2d 481 - Ind: Supreme Court 2012
failure to file a proper candidates form; can 2(?)- AND- economic interest form - is incorrect and incomplete disclosure..
(A) The person declared nominated or elected does not comply with a specific constitutional or statutory requirement set forth in the petition that is applicable to a candidate for the office.
he Democratic Party filed its challenge under Section 3-12-11-3(b)(4)(A) by alleging that White, "[t]he person declared nominated or elected," did "not comply with a specific constitutional or statutory requirement set forth in the petition that is applicable to a candidate for the office." Ind.Code § 3-12-11-3(b)(4)(A).
II. Indiana Law Strongly Disfavors Post-Hoc Disenfranchisement of Voters
DISCREPANCY DISCOVERED BY ORDINARY CITIZEN;
This is the route that would have been open to the Indiana Democratic Party in this instance. To be sure, the allegations about White found their way into the press after the deadlines had passed for pre-election challenges that seek to remove a candidate's name from the ballot. See Ind. Code §§ 3-8-8-3(b), -7(a). At oral argument, however, the Commission reasonably observed that the exercise of more due diligence by the Democratic Party might have made a pre-election challenge possible.*********After all, none of the filings at issue—not White's voter registration, not the Certificate of Nomination, nor White's Declaration of Candidacy—were confidential or sealed. In fact, the discrepancy was discovered by a private citizen, presumably acting without the aid or benefit of a statewide party's resources and experience, and the Democratic Party has pointed us to nothing in their briefs to demonstrate the impossibility of their discovering White's registration issues at an earlier date.*********
Our conclusion is that the Code places a burden on political campaigns to investigate and vet their opposition before the pre-election time limitations expire, but that is better than the alternative: that a challenger might ignore a known (or knowable) disqualification challenge before the election, wait to see who won at the polls, and then seek to set aside the results of the democratic process. Such a result is inconsistent with free elections and respect for voters' expressed preferences.
Here, the allegations of White's registration impropriety arose before the election and were made public by private citizens, the media, and by the Osili campaign and by the Democratic Party. It is likely that the average voter was aware that there were concerns about White's voter registration history at the time of the election, but we will not, on the basis of the present petition, judicially disenfranchise voters who went to the polls aware of what were at that moment only allegations. The fact that criminal charges were filed after the election and resulted in convictions (appeals still pending) does not alter that conclusion.
DISSENT TO WHITE V DEMS:
OTHER ITEMS OF INTEREST- wHITE v DEMS
In contrast, the statutory prerequisite that a candidate for Indiana Secretary of State be a registered voter imposed by Indiana Code Section 3-8-1-1(b) is a substantive qualification for office, not a mere procedural regulation governing the implementation of constitutionally valid eligibility qualifications. Unlike the requirement that a voter present an ID when voting to verify that they satisfy the voting qualifications prescribed in our Constitution, the statutory requirement that a candidate for Secretary of State be registered to vote requires an eligibility qualification absent from the Constitution.
Wilson v. Montgomery County Election Bd., 642 NE 2d 258 - Ind: Court of Appeals, 1st Dist. 1
THE STATE HAS A LEGITIMATE INTEREST IN THE QUALIFICATIONS OF CANDIDATES
the State has a legitimate interest in the qualifications of candidates. Taylor, 616 N.E.2d at 387.
Wilson does not have the privilege to vote for someone not qualified to be a candidate for the office, even himself, because the State has a legitimate interest in the qualifications of candidates. Taylor, 616 N.E.2d at 387.
The Election Board was to administer the latter election law within Montgomery County and was to decide all questions concerning the validity of Wilson's declaration of candidacy. The Election Board properly did so when it decided that Wilson was disqualified for candidacy and that his name should not be placed on the ballot.
ONE OF WHICH IS TRUSTWORTHINESS
Taylor v. State Election Bd., 616 NE 2d 380 - Ind: Court of Appeals, 1st Dist. 1993
De Veau v. Braisted (1959), 363 U.S. 144, 160, 80 S.Ct. 1146, 1155, 4 L.Ed.2d 1109. The legislature's aim here was not to punish
384*384 past activities but to regulate elected officials and candidates based upon their general characteristics, one of which is trustworthiness. The public considers trustworthiness to be a relevant and basic qualification of persons who serve the citizens as elected officials. See Bell, 371 F. Supp. at 223.
In the present case, the aim of the disqualification is not punishment but is regulation of a present situation based upon trustworthiness. De Veau, 363 U.S. at 160, 80 S.Ct. at 1155; Bell,371 F. Supp. at 223. See Hawker v. New York (1898), 170 U.S. 189, 18 S.Ct. 573, 42 L.Ed. 1002.
Revised Statutes of 1843, sec. 79, p. 999, which declared that any person who might thereafter be duly convicted of the crime of treason, murder, rape, arson, burglary, robbery, man-stealing, ********forgery or wilful and corrupt perjury, should ever after such conviction be deemed infamous, and, among other disabilities, be incapable of giving evidence in any court of justice. Id. at 55-56, 279 N.E.2d at 212-213 (quotingGlenn v. Clore (1873), 42 Ind. 60) (emphasis supplied). *********
Thus, it is quite clear that I.C. XX-X-XX-XX permits, for purposes of 385*385 impeachment, the introduction of the record of convictions for the crimes of treason, murder, rape, arson, burglary, robbery, kidnapping, forgery and wilful and corrupt perjury; furthermore, the trial court cannot exclude such evidence. Id. 258 Ind. at 57, 279 N.E.2d at 213.
LOSS OF CIVIL POLITICAL PRIVILEGES
So that at the time of the adoption of the present State Constitution, the words infamous crime must have been understood by the framers of that instrument as embracing not only crimes punishable by imprisonment in the penitentiary, but also all such offenses as were subject to the penalty of the loss of civil political privileges.X FELONIES; INFAMOUS CRIMES ( high crimes and misdemeanors)
While it is true that the revised statutes of 1843 declared that certain crimes should be deemed infamous ..., yet this provision cannot be regarded as conclusive of the question of what crimes were then understood to be infamous. R.S., 1843, § 79, p. 999.
So that at the time of the adoption of the present State Constitution, the words infamous crime must have been understood by the framers of that instrument as embracing not only crimes punishable by imprisonment in the penitentiary, but also all such offenses as were subject to the penalty of the loss of civil political privileges.
For a long time prior to the declaration of independence, and before the adoption of the federal constitution, there were, as then understood, two kinds of infamy, — the one based on the opinion of the people respecting the mode of punishment, and the other in relation to the future credibility of the culprit. Eden, P.L. c. 7, § 5.
* * * * * *
[The nature of the crime as understood at common law] at one time obtained considerable foothold in the federal courts ...
But this doctrine has since been expressly disapproved by the supreme court of the United States, where it has been decided that any crime which is punishable by imprisonment for a term of years is an infamous crime ...
The so-called right to hold office is not a natural or inherent right. It is a privilege which arises from the organization of our civil society. If there is nothing in our fundamental law guaranteeing the privilege, then the people, through their official agency, the legislature, may take it away.
The existence of the fact which disqualifies, and of the law which makes that fact operate to disqualify, must be brought home so closely and so clearly to the knowledge or notice of the elector, as that to give his vote therewith indicates an intent to waste it. The knowledge must be such, or the notice brought so home, as to imply a willfulness in acting, when action is in opposition to the natural impulse to save the vote and make it effectual. He must act so in defiance of both the law and the fact, and so in opposition to his own better knowledge, that he has no right to complain of the loss of his franchise, the existence of which he was wantonly misapplied.X
HENRY COMMITTED THE FELONY OF PERJURY
According to State law, Taylor was disqualified from holding his elected office because he had committed a felony.
The State has a legitimate interest in the qualifications of candidates
The State has a legitimate interest in the qualifications of candidates, see e.g., Meeks v. Tallahatchie County (1987), Miss., 513 So.2d 563, 568; and the same is true about their subsequent disqualifications. Indiana Code Section 3-8-1-5(3)(B) is reasonably necessary to accomplish the legitimate objective of disqualification because it regulates elected officials based upon their general characteristics, an area in which, as noted above, the public considers trustworthiness to be a relevant and basic qualification of persons who serve the citizens as elected officials.
invalid argument construed- refers to a general election vs a partisan primary election. also- little hatch act irrelevant in this case
Burke v. Bennett, 907 NE 2d 529 - Ind: Supreme Court 2009
THE QUALIFIED CANDIDATE- HENRY SHOULD BE DISQUALIFIED.Pursuant to Indiana Code § 3-12-8-1, an Indiana election contest action permits a post-election challenge to the winning candidate. The post-election remedy is available if the winning candidate "was ineligible." Ind.Code § 3-12-8-2(1). As relevant to this action, an election contest petition must state that the person elected "does not comply with a specific constitutional or statutory requirement set forth in the petition that is applicable to a candidate for the office." Id. § 3-12-8-6(a)(3)(A). A trial court, after hearing a petition "alleging that a candidate is ineligible," must declare as elected "the qualified candidate who received the highest number of votes and render judgment accordingly." Id. § 3-12-8-17(c) (emphasis added).
Matter of Drury, 602 NE 2d 1000 - Ind: Supreme Court 1992
JUDGES AND ECONOMIC INTERESTS
*1011 The requirement that judges report their financial transactions is designed to protect the litigants and lawyers who appear before such judges. Statements of Economic Interests alert parties to the potential prejudices of judges, thereby creating a checks and balances system which promotes an objective judiciary and enhances the perception of fairness in the courts. Failure to correctly report financial transactions as required is more than a bureaucratic misstep: it is a breach of the system by which we, as judges, maintain our honesty.
HERE COME DE JUDGE
DEFECTIVE STATEMENT OF CANDIDACY; AND CHAIRMANS LETTER
Wyatt v. Wheeler, 936 NE 2d 232 - Ind: Court of Appeals 2010
Wyatt's challenge to Ellspermann's eligibility for the primary election is implicitly also a challenge to her eligibility for the general election, which has not yet taken place.
Here, Ellspermann asserts that Wyatt's appeal is moot because his original complaint to the IEC challenged only her eligibility for the primary election, and the primary election has occurred. We disagree. Wyatt's challenge to Ellspermann's eligibility for the primary election is implicitly also a challenge to her eligibility for the general election, which has not yet taken place. Furthermore, Ellspermann is cross-appealing the Marion Superior Court's denial of her request for attorney's fees against Wyatt. The determination of the merits of Wyatt's challenge to Ellspermann's candidacy has a direct bearing on Ellspermann's ability to prevail on her cross-appeal. Thus, Wyatt's appeal is not moot.See Union Twp., 706 N.E.2d at 187 (determining that an appeal was not moot because the appellee's counterclaim for costs and damages depended in part on considering the validity of the appellant's claim).
FILING ERROR: (IN THIS CASE accidentally put R instead of Dfor last primary filed..
also- bad faith, frivolous, groundless, award of attys fees.
CHALLENGES AND VOTING MACHINES
Gaddis v. McCullough, 827 NE 2d 66 - Ind: Court of Appeals 2005
The unsuccessful candidates brought their action under the election contest statute, Indiana Code ch. 3-12-8. To succeed under the election contest statute, the unsuccessful candidates must do more than show technical irregularities in the election process. Rather, they must prove facts showing errors in the printing of ballots, errors in programming of voting equipment, voting equipment malfunctions, or "a deliberate act or series of actions" that "mak[e] it impossible to determine the candidate who received the highest number of votes." Ind.Code § 3-12-8-2. Technical violations of election law do not suffice to make out a claim under the contest statute unless they make it impossible to determine the winner of the election. See id. "[S]tatutes providing for contesting elections `should be liberally construed in order that the will of the people in the choice of public officers may not be defeated by any merely formal or technical objections.'" Pabey v. Pastrick, 816 N.E.2d 1138, 1148 (Ind.2004) (quoting Tombaugh v. Grogg, 146 Ind. 99, 44 N.E. 994, 995 (1896)), reh'g denied.
BIRTH CERTIFICATES LINKS: rokita..
2. MICROVOTE MACHINES
2-a MICROVOTE MACHINES
MICROVOTE GENERAL v. Indiana Election Com'n, 924 NE 2d 184 - Ind: Court of Appeals 2010
3. overturning elections GENERAL ELECTIONS
The purpose of all election laws is to secure a free and honest expression of the voter's will. Statutes controlling the activities of political parties, party conventions, and primaries, and providing for the manner in which the names of candidates may be put upon the ballots, have for their only purpose the orderly submission of the names of candidates for office to the electors to the end that the electors may know who are candidates and have a free opportunity to vote for their choice, and that the ballots may not be incumbered by the names of those who have no substantial support. Theelection commissioners are public officers. In an action against them, brought before an election, involving the names of the candidates to be placed on the ballot by them, the statutory provisions referred to are treated as mandatory, and they will be enjoined from placing a name upon the ballot that has not been submitted to them pursuant to the statute, but, after theelection commissioners have acted and placed a name upon the ballot, and after the election, the provisions of the statute are considered directory only, and the names of candidates will be treated as having been legally placed upon the ballot by the election board, "unless an essential element of the election is affected, or there is an express declaration in the statute that the act is essential to a valid election, or that its omission will render the election void. The purpose of the law and the efforts of the court are to secure to the elector an opportunity to freely and fairly cast his ballot, and to uphold the will of the electorate and prevent disfranchisement. In the absence of fraud, actual or suggested, statutes will be liberally construed to accomplish this purpose."
Matter of Drury, 602 NE 2d 1000 - Ind: Supreme Court 1992
JUDGE LEVINE AND HENRY COZY RELATIONSHIP:
Respondent's argument ignores Indiana's requirement of an appearance of impartiality by all entities empowered with adjudicative authority. See, City of Mishawaka v. Stewart(1974), 261 Ind. 670, 310 N.E.2d 65. This requirement is especially applicable to this state's judges, as our Code of Judicial Conduct repeatedly makes clear.
(1) Jud. Canon 5(C)(4)(c), which requires judges to report loans of more than $100 from individuals, and
(2) Prof.Cond.R. 8.4(C).
II. The Sanction
(1) willful misconduct in office;
(2) willful misconduct unrelated to the judicial office that brings such office into disrepute;
(3) conduct prejudicial to the administration of justice, including the repeated failure to adhere to the rules of procedure; or
1009*1009 (4) violation of the Code of Judicial Conduct, the Rules of Professional Conduct, or other professional rules duly adopted by theIndiana Supreme Court.
(1) Respondent committed multiple violations.
(2) Respondent committed repeated violations.
(3) Respondent's violations involved falsification of documents filed in his judicial capacity.
(4) Respondent persisted in his misconduct after public proceedings were initiated.
(5) Respondent displayed a lack of candor during the the course of these proceedings.
(6) Respondent's responsibility for the letter exhibits a lack of remorse and a retaliatory and deceitful posture against Commission witnesses, indicating he is unwilling to meet the high standards of conduct by which he is bound.
FEDERAL PERJURY ITEMS OF INTEREST-
federal code: Section 1623 [the false declaration statute
United States v. Bell, 371 F. Supp. 220 - Dist. Court, ED Texas 1973
United States v. Bell, 371 F. Supp. 220 - Dist. Court, ED Texas 1973
 Whoever under oath in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
intended to facilitate Federal perjury prosecutions and establishes a new false declaration provision applicable in Federal grand jury and court proceedings. It abandons the so-called two-witness and direct evidence rule in such prosecutions and authorizes a conviction based on irreconcilably inconsistent declarations under oath. As amended, [this statute] also permits recantation to be a bar to prosecution if the declaration has not substantially affected the proceeding or it has not become manifest that the declaration's falsity has been or will be exposed.
to keep the process of justice free from the contamination of false testimony. It is for the wrong done to the courts and the administration of justice that punishment is given, not for the effect that any particular testimony might have on the outcome of any given trial.