Bd. of Elections v. Copeland
| Decision Date | 27 February 2008 |
| Docket Number | No. 45A04-0710-CV-560.,45A04-0710-CV-560. |
| Citation | 880 N.E.2d 1288 |
| Parties | LAKE COUNTY BOARD OF ELETIONS AND REGISTRATION, Appellant-Defendant, Myrna Maldonado, Richard Medina and Juda Parks, Appellants-Petitioners for Intervention, v. Anthony COPELAND, Appellee-Plaintiff, |
| Court | Indiana Appellate Court |
Lake County Board of Elections and Registration ("Election Board") and Myrna Maldonado, Richard Medina, and Juda Parks ("Challengers") (collectively "Appellants") appeal the trial court's order requiring the Election Board to place Anthony Copeland's name on the ballot for the November 6, 2007, General Election for an At-Large seat on the. City of East Chicago Common Council as an Independent. Although, this case had an expedited briefing schedule so that the issues could be resolved before the November 2007 General Election, for reasons not entirely clear the case was not transmitted to this Court until January 2008, well after the election. Because Copeland lost and Challengers won in that election, the issues are now moot. We therefore dismiss this appeal.
In 2007, Copeland was a member of the City of East Chicago Common Council, having been elected to that position in 2003 as a Democrat. On July 2, 2007, Copeland filed paperwork to run as an Independent in the November 6, 2007, General Election for one of the At-Large seats on the Common Council.1 In August 2007, Challengers filed separate challenges to Copeland's candidacy. Specifically, they alleged that when Copeland filed his paperwork to run as an Independent, he was the Chairman of the East Chicago Democratic Committee, which, according to Indiana law, disqualified him from running for the Common Council as an Independent.
On September 4, 2007, the Election Board held a hearing to address these challenges, which the Board consolidated. After several votes, the members of the Election Board voted to remove Copeland's name from the ballot for the November 6, 2007, General Election. At the time of this hearing, Copeland had already been removed from his position as Chairman of the East Chicago Democratic Committee.
On September 7, 2007, Copeland filed a Complaint for Declaratory Judgment, Preliminary and Permanent Injunction, and Appeal of Administrative Decision as well as a Petition for Emergency Hearing on Complaint for Injunctive Relief. An emergency hearing was set for September 12, 2007, at 1:00 p.m.
At the emergency hearing, the trial court first addressed Challengers' `petition to intervene and motion to dismiss, which the trial court denied. The trial court then proceeded with a hearing on the merits. On September 17, 2007, the trial court issued an order, in which the court concluded that Challengers
do not state any grounds for disqualifying [Copeland] as a candidate for Councilman-At-Large for East Chicago, Indiana nor was there any evidence presented at the hearing before the Board on September 4, 2007 that would disqualify Plaintiff from being a candidate for. Councilman-At-Large for the City of East Chicago, Indiana in the November [6], 2007 election.
Appellants' App. p. 2G. The court continued, "The Indiana Legislature has expressly listed the grounds for disqualification of a candidate and no such grounds have been alleged nor were there any such grounds presented at the September 4, 2007 hearing before the Board." Id. Accordingly, the court concluded that the Election Board's decision to remove Copeland's name from the ballot was "contrary to law." Id. Finding that "an emergency exists because of the limited number of days in which [Copeland] has the ability to conduct a meaningful campaign and to raise funds," the court granted a preliminary injunction. Id. Accordingly, the court ordered the Election Board to "reinstate Anthony Copeland as a candidate for the City of East Chicago, Councilman-At-Large as an independent party candidate and his name shall appear on the ballot for the General Election of November 6, 2007 as a candidate for said election." Id. at 2H.
On September 20, 2007, Appellants2 filed a Petition for Writ of Mandamus and Prohibition in the Indiana Supreme Court, which the Supreme Court denied on September 25, 2007. Cause No. 45S00-0709-OR-366 (Ind. Sept. 25, 2007) (unpublished order). On September 27, 2007, Appellants filed a Notice of Appeal. Thereafter, Appellants filed motions to expedite and to consolidate in the Court of Appeals and a "Verified Motion to Accept Jurisdiction under Ind. Appellate Rule 56 A" in the Supreme Court. Pursuant to Appellate Rule 56(A),
In rare cases, the Supreme Court may, upon verified motion of a party, accept jurisdiction over an appeal that would otherwise be within the jurisdiction of the Court of Appeals upon a showing that the appeal involves a substantial question, of law of great public importance and that an emergency exists requiring a speedy determination.
On October 12, 2007, the Indiana Supreme Court issued the following order:
The Court DENIES the Emergency Motion to Transfer. In doing so, we note that Appellants allege an emergency exists because their appeal challenges a trial court judgment requiring that Appellee's name be included on the ballot as an independent candidate for councilman-at-large for the City of East Chicago during the general election scheduled for November 6, 2007. However, that same emergency is alleged as the basis for the Appellants' motion to expedite this appeal, which remains pending before the Court of Appeals, and this Court has confidence the Court of Appeals will act appropriately in light of the exigent circumstances alleged.
Cause No. 45A04-0710-CV-560 (Ind. Oct. 12, 2007) (unpublished order). On the heels of this order, and also on October 12, this Court issued an order granting Appellants' Motion to Consolidate and Motion to Expedite and set forth the following expedited briefing schedule: Appellants'...
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...in the outcome of its resolution or where no effective relief can be rendered to the parties.” Lake County Bd. of Elections and Registration v. Copeland, 880 N.E.2d 1288, 1291 (Ind.Ct.App.2008). However, it does not appear to us that Medley is requesting any kind of injunctive relief with r......
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