Still not decided: Will Myra Kinser’s name appear on May 3 primary ballot for District 62 state house seat? [Now decided: Judge denies Kinser’s claim]

[Updated on April 6, 2022 at 12:30 p.m.  On April 5, 2022, Judge Nathan Nikirk ruled on the case, denying Kinser’s claim that the state election commission had concluded incorrectly that she did not meet the two-year state residency requirement. That means Kinser’s name will not appear on the ballot. Those who have already voted will not have to vote again on a different ballot.]

Still not settled, after a Tuesday morning judicial hearing, is the Republican Party’s May 3 primary election ballot lineup for the District 62 seat in the Indiana legislature’s house of representatives.

three people exiting courthouse, a man leading the way with papers under his arm, looking back at two women who are each carrying a bag
From left as they exit Monroe County’s justice center on Tuesday: Daniel Cyr, attorney for Myra Kinser, Hope Ellington, and Myra Kinser. 

The question to be decided: Should Myra Kinser’s name be added back to the ballot after the four-member state election commission decided at a Feb. 18, 2022 hearing to remove it, based on a residency challenge?

Two Republican candidates are definitely on the ballot for District 62: Dave Hall and Greg Knott.

A candidate for a state house seat in Indiana must have resided in the state for at least two years and in the house district for at least one year before the election.

Challenging Kinser’s candidacy, for allegedly failing to meet the two-year state residency requirement, was Amanda Lowery, who is Jackson County’s recorder. Here’s a YouTube video cued up to the spot during the Feb. 18 hearing, when Lowery’s challenge starts: Indiana EC 2022-02-18 hearing.

The vote by state election commissioners was 3–1 to remove Kinser’s name from the ballot.

Kinser has taken the step of asking for a review of the election commission’s decision. Presiding over the 9 a.m. Tuesday hearing, held at Monroe County’s Charlotte Zietlow Justice Center, was Lawrence County circuit judge Nathan Nikirk. He was assigned as a special judge in the case after Monroe County judges recused themselves.

On Tuesday, Nikirk did not rule from the bench.

Continue reading “Still not decided: Will Myra Kinser’s name appear on May 3 primary ballot for District 62 state house seat? [Now decided: Judge denies Kinser’s claim]”

Partisan case for partisan judges: Who rules on lawsuit over Bloomington plan commission seat?

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Art based on one of the recusals made by assigned judges in Guenther & Ellis v. Cockerham & Hamilton.

On June 9, a lawsuit was filed in Monroe County’s circuit court disputing the mayoral appointment of the plan commission seat where Chris Cockerham had sat the day before.

In the lawsuit, Andrew Guenther asserts that he has been duly appointed by GOP Monroe County chair William Ellis, and should serve on the commission instead of Cockerham.

It’s not yet decided which judge will hear the case. Owen County circuit judge Kelsey Hanlon, who’s facilitator of District 20, has been asked to appoint a special judge. One of 26 judicial districts the state, District 20 is made up of Monroe, Owen, Lawrence, and Greene counties.

What makes picking a judge a challenge for this case? Partisanship. Continue reading “Partisan case for partisan judges: Who rules on lawsuit over Bloomington plan commission seat?”