Annexation lawsuit: Judge rules against Bloomington on constitutional claim, but it’s not over

The areas rendered in black, Area 1A and Area 1B, had their lawsuits with constitutional claims dismissed by the city. The remaining five five areas, shown in different colors are subject of the consolidated lawsuits with a constitutional claim.

Lawrence county circuit court photo of special judge for Bloomington annexation lawsuit Nathan Nikirk

On Tuesday, judge Nathan Nikirk issued a ruling that denies the city of Bloomington’s constitutional challenge to a 2019 state law, which causes annexation waivers to expire after 15 years.

Nikirk’s ruling, on five consolidated lawsuits, affects Bloomington’s annexation in five different areas. There’s one lawsuit for each territory.

Even if the city of Bloomington does not appeal the ruling, that does not mean that the question of annexation in the affected five areas is settled.

There’s more to the five consolidated lawsuits than the constitutional claim.

Nikirk’s Tuesday ruling has no effect on the separate litigation for two other areas (Area 1A and Area 1B) about which a bench trial was held in early May.

A ruling on the merits of annexation in those areas could be expected towards August. Continue reading “Annexation lawsuit: Judge rules against Bloomington on constitutional claim, but it’s not over” →

Bloomington proceeding with annexation court cases, might negotiate timeline for adding territory

This past week’s big annexation news was the cancellation of Thursday’s hearing on a cross motion for summary judgment in a constitutional challenge that was filed by Bloomington two years ago.

This graphic contains a table with three columns. Column 1: Label of Annexation Area Column 2: Percentage of remonstrators With 2019 Act Applied Column 3: Percentage of remonstrators without 2019 Act applied 1A 60.94% 37.75% 1B 57.50% 30.91% 1C 71.43% 3.81% 2 71.98% 34.93% 3 66.67% 50.00% 4 70.79% 59.55% 5 66.67% 51.85% — This table, from a recent court filing by the city of Bloomington, sums up the impact of the disputed 2019 law. The left column shows the outcome if the 2019 law is valid and is applied to remonstration signatures: Annexation is stopped outright in five areas (red) and is subject to judicial review in two areas (blue). The right column shows the outcome if the 2019 is unconstitutional: Annexation can proceed forward with no additional steps in five areas (green) and is subject to judicial review in two areas (blue).

But that hearing will be rescheduled. The hearing was canceled, only because the special judge in the case, Kelsey Hanlon out of Owen County, recused herself, due to a potential conflict involving her husband’s recent transfer of employment to Monroe County’s legal department.

At the start of the year, the nonprofit organization County Residents Against Annexation (CRAA) had expressed some hope that Bloomington would withdraw its lawsuit.

The constitutional question concerns a 2019 law, enacted by the state legislature, which voided many of the annexation waivers that Bloomington was relying on for a successful annexation effort. The waivers were supposed to ensure that landowners with such waivers attached to their property would not have their signatures counted for any remonstration against annexation.

CRAA president Margaret Clements is quoted in a Jan. 2 news release saying, “Just as the City of Bloomington unilaterally and involuntarily attempted to annex property in the county, only the City of Bloomington can unilaterally end the dispute.”

But it is now clear that new Bloomington mayor Kerry Thomson’s administration will be looking to proceed with the litigation of all of the pending annexation cases.

Responding to an emailed question from The B Square, Bloomington’s new corporation counsel Margie Rice wrote about the subject of Thursday’s hearing: “I can confirm that the City is not planning on withdrawing this particular lawsuit and intends to allow the annexation litigation to proceed as planned.” Continue reading “Bloomington proceeding with annexation court cases, might negotiate timeline for adding territory” →

Election 2023, Holiday 2024 roundup: Solar Eclipse Day to be a county holiday, along with election days

District 3 city council candidate Brett Heinisch (R) at a Greater Bloomington candidate event on March 21, 2023. https://brettforcitycouncil.blogspot.com/

Stock photo of solar eclipse.

District 3 city council candidate Hopi Stosberg (D) at a Greater Bloomington candidate event on March 21, 2023 https://hopi.stosberg.com/

At Wednesday morning’s meeting of Monroe County commissioners, the routine approval of county employee holidays for the following year included a bright spot.

There will be one extra day compared to last year: April 8, 2024, which is Solar Eclipse Day.

On that day, the narrow band of the full solar eclipse will pass right over Monroe County. It’s the kind of rare event that has the local tourism sector buzzing.

At the most recent meeting of the convention and visitors commission, Visit Bloomington executive director Mike McAfee said up to a quarter million visitors or more are expected in the Bloomington area to view the solar eclipse. “It’s going to be wild,” he said.

On Wednesday, commissioner Penny Githens said part of the thought behind making the day of the eclipse a county holiday is to reduce the amount of traffic out on the road. “We’re expecting a certain amount of gridlock,” Githens said.

Commissioner Julie Thomas added, “Everything will be packed full of visitors…and anything we can do to alleviate traffic is probably going to be helpful at this point.”

Another difference between the 2023 holiday schedule and the schedule for next year, is that both election days in 2024—primary and general—will be explicitly designated as holidays.

For 2023, there are two flexible days that county employees can use to take off and vote in the municipal elections, but they’re not tied to the date of elections. They are called “floating holidays.”

As the Nov. 7 date for municipal elections approaches, Monroe County employees are grinding through the standard preparations for the process that is fundamental to a working democracy. Continue reading “Election 2023, Holiday 2024 roundup: Solar Eclipse Day to be a county holiday, along with election days” →

Election board denies signature challenge by independent Bloomington mayoral hopeful

David Henry, Monroe County Democratic Party appointee to the election board.

Judith Benckhart, Monroe County Republican Party appointee to the county election board.

Rebecca Haviland, supporter of Joe Davis, addresses the Monroe County election board.

Joe Davis, would-be independent candidate for Bloomington mayor.

Monroe County election board meeting: July 13, 2023.

Joe Davis will not appear on the Nov. 7 Bloomington mayoral ballot, unless he prevails in a lawsuit—which he told Monroe County’s election board that he intends to file.

Davis’s remarks came at a Thursday meeting of the three-member election board.

At Thursday’s meeting, board members voted unanimously to deny the challenge Davis had filed, over disqualified signatures that appeared on his petition for ballot access as an independent candidate.

It means that barring a successful lawsuit by Davis, Democrat Kerry Thomson will be the only person whose name appears on the Nov. 7 ballot for Bloomington mayor.

Davis collected over 600 signatures, but the number that were disqualified left him 14 short of the 352 he had to collect.

Davis told the board he wanted to see “a just and fair interpretation of the signatures that I have turned in through my petitions.” Continue reading “Election board denies signature challenge by independent Bloomington mayoral hopeful” →

Election board to meet on question of disqualified signatures for Bloomington mayoral hopeful

Joe Davis files signatures in support of his independent candidacy for mayor of Bloomington. (June 30, 2023)

Monroe County election board members, from left: Nicole Browne, Judith Benchart, and David Henry

Letter from Monroe County election board to Joe Davis.

Questions about disqualified petition signatures, which were submitted to county election staff by Bloomington mayoral hopeful Joe Davis, will be the topic of discussion for Monroe County’s election board next Thursday (July 13).

Davis sought to appear on the Nov. 7 city election ballot as an independent candidate. To meet the requirements under state law, he had to submit at least 352 signatures by June 30 at noon. Davis fell 14 signatures short.

He submitted more than 600 signatures.

To challenge the disqualification of some signatures, Davis has filed a CAN-1 form, which can be used by “a candidate seeking to contest the denial of certification due to insufficient signatures.”

At its meeting this past week, the board gave the challenge by Davis some initial discussion, opting to continue its meeting on July 13 at 1 p.m. The board also decided to send Davis a letter inviting him to attend and be a part of the discussion.

As it currently stands, the race for Bloomington mayor is uncontested. The only candidate who will appear on the ballot is Democratic Party nominee Kerry Thomson. No write-in candidate registered by the July 3 deadline. Continue reading “Election board to meet on question of disqualified signatures for Bloomington mayoral hopeful” →

Bloomington mayoral hopeful falls 14 signatures short of ballot qualification, will challenge count

Joe Davis files signatures in support of his independent candidacy for mayor of Bloomington. Election staff are, from left, Tammy White and Larime Wilson. (June 30, 2023)

Joe Davis files signatures in support of his independent candidacy for mayor of Bloomington. (June 30, 2023)

Joe Davis files signatures in support of his independent candidacy for mayor of Bloomington. Election staff are, from left, Tammy White and Larime Wilson. (June 30, 2023)

Joe Davis arrived at Election Central at a minute before noon to file signatures in support of his independent candidacy for mayor of Bloomington (June 30, 2023)

Even though a crucial deadline has now passed, it’s still not certain if another candidate will appear on the Nov. 7 ballot for Bloomington mayor, besides the Democratic Party’s nominee, Kerry Thomson.

At a minute before noon on Friday (June 30), Joe Davis arrived at Monroe County’s election offices at 7th and Madison streets with another batch of petition signatures.

Davis was petitioning to qualify for the Nov. 7 ballot as an independent candidate for Bloomington mayor.

He had already handed in several signatures over the last couple months—including a few batches earlier Friday morning. Up to that point, his running total of verified signatures stood at 332. That left him 20 short of the 352 he needed.

It’s not a nice round figure, because the minimum number of signatures is defined as 2 percent of the total votes cast in the city of Bloomington in the most recent statewide race for secretary of state.

On Friday at 11:59 a.m., which was a minute before the deadline, Davis handed only a dozen more signatures across the counter.

He and the election clerks alike already knew it would not be enough to put him on the ballot—even if all 12 checked out as active registered voters in the city of Bloomington.

About 10 minutes later, the clerks had disqualified half of the last 12 signatures that Davis had submitted—making his final total 338, or 14 short of the required number.

But Davis later told The B Square that he will be filing a challenge, based on what he said were around 200 signatures that have been disqualified for one reason or another.

The deadline for the Republican Party to caucus a candidate onto the Ballot is July 3, but that looks unlikely.

Continue reading “Bloomington mayoral hopeful falls 14 signatures short of ballot qualification, will challenge count” →

Independent hopeful makes uninvited appearance at Bloomington mayoral primary candidate forum

From left: Don Griffin, Kwan Wallace, Joe Davis, Susan Sandberg, and Kerry Thomson.

From left: Don Griffin, Kwan Wallace, and Joe Davis.

From left: Kira Richardson, Jim Sims, Don Griffin, and Joe Davis.

From left: Joe Davis, Don Griffin, Susan Sandberg, and Kerry Thomson.

Who gets invited to participate in mayoral candidate forums? What happens if an uninvited mayoral hopeful shows up to participate?

With early voting in the May 2 municipal primary races starting in a little over a week, those questions got asked and answered at a Saturday event hosted by the Kappa Tau Omega chapter of Alpha Kappa Alpha Sorority.

Alpha Kappa Alpha is one the Divine Nine—that’s the nickname for the National Pan-Hellenic Council (NPHC), which is an umbrella council composed of historically Black fraternities and sororities.

The forum, which was held at the Crestmont Boys and Girls Club on the north side of town, included the three Democratic Party primary candidates: Don Griffin, Susan Sandberg, and Kerry Thomson.

Not invited was Joe Davis, who has filed the paperwork to form a campaign committee called “Joe Mama for Mayor.” Davis has not submitted the required 352 signatures to be placed on the Nov. 7, 2023 ballot for the general city election.

But Davis arrived at the venue on Saturday, ready to participate. In the end, he was allowed to sit at the table with a hand-written “Joe Mama Bear Davis” name card sitting in front of his spot on the table, and to answer questions in turn with the other questions.

That’s not the way the Alpha Kappa Alpha wanted the event to unfold. Continue reading “Independent hopeful makes uninvited appearance at Bloomington mayoral primary candidate forum” →

2023 election notebook: First wave of absentee ballots mailed, other fun tidbits

Democratic Party primary ballot District 1

Democratic Party primary ballot District 2

Democratic Party primary ballot District 3

Republican Party primary ballot District 3

Democratic Party primary ballot District 4

Democratic Party primary ballot District 5

Democratic Party primary ballot District 6

The first live ballots are now headed into the hands of voters in Bloomington’s May 2 municipal primary election.

On Thursday and Friday, absentee ballots were sent to the 28 registered voters who have requested them so far. That’s based on the absentee voter list distributed by Monroe County election division staff.

Over the next few weeks, more absentee ballots will be sent to those who qualify, as more voters request them.

The Democratic Party’s primary will almost certainly select Bloomington’s mayor, city clerk and city council for the next four years. Just one Republican, Brett Heinisch for city council District 3, has declared a candidacy this year.

The first wave of mailed absentee ballots is one of several indicators that Bloomington’s primary elections are coming up quick. Continue reading “2023 election notebook: First wave of absentee ballots mailed, other fun tidbits” →

Judge: No more time for remonstrators to collect signatures against Bloomington annexation

Remonstrators against Bloomington’s annexation efforts will not be given any extra time to collect signatures.

The 90-day period for collecting remonstration signatures against Bloomington’s annexation efforts ended over a year ago, on Jan. 6, 2022.

A court ruling against any additional time for signature collection came Thursday from the special judge in the case, Nathan Nikirk out of Lawrence County.

They had asked the judge to grant them additional time for signature collection, under a state statute that provides certain emergency powers [IC 34-7-6-1]. The emergency in question is the COVID-19 pandemic.

A status conference with the judge and the parties to the lawsuit is set for March 3.

Reached on Friday by The B Square, Margaret Clements, with County Residents Against Annexation, which is a plaintiff in the case, said that all legal options will be considered in response to Nikirk’s ruling, including an interlocutory appeal of Thursday’s decision. Continue reading “Judge: No more time for remonstrators to collect signatures against Bloomington annexation” →

Next year’s first ruling on a Bloomington annexation lawsuit could depend on meaning of “proceeding”

Video screen inside the Charlotte Zietlow Justice Center, showing visitors where proceedings are taking place for the day.

The current Monroe County jail stands at 7th Street and College Avenue.

Room 313 at the north end of the second floor hallway, where Friday’s proceeding was held.

At the end of a Friday hearing that lasted about an hour and 20 minutes, special judge Nathan Nikirk did not issue a ruling in the case that remonstrators against Bloomington’s annexation have brought to the court.

Friday’s hearing involved the remonstrators in Area 1A and Area 1B, who collected signatures from more than 50 percent of land owners, which was enough to qualify for judicial review, but fell short of the 65 percent threshold that would have stopped annexation outright.

Area 1A is just west of Bloomington. Area 1B lies to the southwest.

Remonstrators in those two areas are asking that the judge grant them additional time for signature collection, under a state statute that provides certain emergency powers. [IC 34-7-6-1] The emergency in question is the COVID-19 pandemic.

Despite the fact that the judge didn’t issue a ruling on Friday, based on the clarification that Nikirk requested from both sides during the hearing, his eventual decision could depend on the interpretation of the word “proceeding” as used in the statute on emergency powers. Nikirk wanted both sides to lay out how they understand the concept of “proceeding” under that statute.

The statute refers to the emergency powers as applying to a “proceeding…pending before a court, a body, or an official, that exists under the constitution or laws of Indiana.”

At the end of the hearing, Nikirk asked both sides to prepare proposed orders on the question by Jan. 6, 2023.

Nikirk’s ruling on the question of a time extension will by no means settle the question of whether annexation happens, either in Area 1A or Area 1B, or the other areas, which are also subject to pending litigation. Continue reading “Next year’s first ruling on a Bloomington annexation lawsuit could depend on meaning of “proceeding”” →