Mayor Gregory Ballard v. . Maggie Lewis, John Barth, and Vernon Brown
8 N.E.3d 190
| Ind. | 2014Background
- Redistricting was assigned to the judiciary in Marion County if the County’s political branches deadlock over redistricting.
- Ordinance 61 (Dec. 19, 2011) reconfigured 25 council districts using 2010 census data and Mayor Ballard’s 2011 precinct order.
- Mayor Ballard signed Ordinance 61 in 2012, after it had been enacted by the Council, triggering a dispute over timing.
- Councillors Lewis, Barth, and Brown sued in Feb. 2013 seeking a declaration that Ordinance 61 failed the statutory timing and requested new districting.
- The trial court split, with some judges saying Ordinance 61 was 2012 redistricting and others saying it was 2011, and the court ultimately redrew districts with a master.
- This Court granted transfer and addressed whether the statute permits Ordinance 61 as mandatory redistricting in 2012 to avoid judicial redistricting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ordinance 61 constitutes mandatory redistricting during 2012. | Lewis argues 2012 timing required and 2011 actions don’t satisfy. | Ballard argues 2012 timing satisfied by signing/adoption in 2012. | Yes; Ordinance 61 is deemed 2012 redistricting to avoid court-drawn districts. |
| Whether the Redistricting Statute should be read pari materia to require 2012 actions by the Council. | Lewis emphasizes Council-only actions in 2012. | Ballard urges harmonization with executive-council process. | Ambiguity resolved in favor of judicial restraint; adopt interpretation preserving legislative/executive roles and avoiding court redistricting. |
| Whether judicial intervention was appropriate or necessary to redraw districts. | Lewis seeks court-ordered redistricting. | Ballard urges restraint and respect for legislative process. | Court adopts restraint; reversal and summary judgment in Ballard’s favor. |
| Whether the trial court had authority to grant relief or impose master’s costs. | Lewis seeks relief from 2011-2012 process. | Ballard contends proper statutory channels and cost allocations. | Remanded with instruction to grant summary judgment for Ballard and reverse master-cost order. |
Key Cases Cited
- Peterson v. Borst, 786 N.E.2d 668 (Ind. 2003) (necessity of judicial relief when executive and legislative branches deadlock on redistricting)
- Adams v. State, 960 N.E.2d 793 (Ind. 2012) (statutory interpretation governs ambiguous redistricting provisions)
- Thatcher v. City of Kokomo, 962 N.E.2d 1224 (Ind. 2012) (ambiguous statutes require construction to effect General Assembly intent)
- Sloan v. State, 947 N.E.2d 917 (Ind. 2011) (courts caution in exercising judicial power in political-gate matters)
