Price v. Lake County Board of Elections & Registration
952 N.E.2d 807
| Ind. Ct. App. | 2011Background
- Price sought the Gary mayoral Democratic nomination in the May 3, 2011 primary, listing 4207 Broadway, Gary, Indiana as his address.
- Price registered to vote in Lake County on February 16, 2011, at the same Broadway address.
- Jewel Harris challenged Price’s eligibility, arguing there was no evidence of anyone living at 4207 Broadway.
- The Election Board held a hearing on March 7, 2011, to consider the challenge and Price’s residency.
- Evidence showed 4207 Broadway is a church (St. Jude Deliverance Center) that encompasses multiple addresses and pays no property taxes as a non-profit.
- Price presented a lease for 4207 Broadway dating January 2009–January 2012 but offered little other linking evidence to Gary residency; the Board removed Price from the ballot; the trial court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether one-year residency before the general election applies | Price argues the one-year residency runs before the general election. | Board contends the requirement applies to the general election, not the primary. | Yes; residency counted from November general election date. |
| Sufficiency of evidence linking Price to Gary for the requisite year | Price challenges lack of evidence tying him to Gary for a year. | Board properly weighed evidence showing insufficient Gary residency. | Board's decision supported by evidence; no abuse of discretion. |
| Standard of review on appeal where appellee did not file a brief | Appellee’s failure to brief warrants a more roomsing review for reversible error. | Court applies a less stringent standard when appellee does not file a brief and may affirm if prima facie error shown. | Court applied limited review and affirmed. |
Key Cases Cited
- In re Parker, 580 N.E.2d 1006 (Ind.Ct.App.1991) (defines that the election date governs residency period)
- Clay v. Marrero, 774 N.E.2d 520 (Ind.Ct.App.2002) (abuse-of-discretion standard for board decisions; no De Novo review)
- Ramsey v. Ramsey, 863 N.E.2d 1232 (Ind.Ct.App.2007) (appellee’s failure to file a brief allows less rigorous review)