SOUTH BEND, Ind. — St. Joseph County Circuit Court Judge John Broden heard arguments Monday in an appeal seeking to remove St. Joseph County Council Member Dan Schaetzle from the Republican primary ballot as he runs for re-election in County Council District C.
The case stems from a candidate filing challenge first submitted by Griffin Nate to the St. Joseph County Election Board. On Feb. 25, the board voted 3-0 to reject the challenge and allow Schaetzle to remain on the ballot.
Nate filed an appeal the following day, asking the St. Joseph Circuit Court to reverse the board’s decision and temporarily halt ballot printing while the case proceeds.
Sean M. Surrisi of Wyland, Humphrey, Clevenger & Surrisi, LLP, who represents Nate, opened Monday’s hearing by questioning whether his client could receive a fair proceeding in St. Joseph County. Surrisi cited a Facebook video posted by the county clerk and criticized the conduct of an election worker, calling her behavior “unbecoming of a public official.”
Peter J. Agostino, representing Schaetzle, urged the court to focus solely on the statutory question before it.
“Everything Mr. Surrisi said is a distraction of what the law is,” Agostino told the court.
“You need to focus on the law,” Agostino continued.
Indiana law provides two paths for a candidate to qualify for a party primary ballot:
- Voting in the party’s two most recent primary elections.
- Obtaining certification from the county party chair.
According to the administrative record, Schaetzle qualified under the voting-history provision.
In his filing before the board, Nate argued that Schaetzle was ineligible because the Indiana Republican Party previously determined Schaetzle was not a “Republican in good standing.” Nate’s appeal asserts that political parties retain constitutional associational rights allowing them to exclude candidates even when statutory ballot requirements are met.
The attorney representing the St. Joseph County Election Board contends that state law contains no “good standing” requirement and that the board was required to apply the statute as written.
In addition to seeking emergency injunctive relief, Nate has asked the court to transfer the case out of St. Joseph County, arguing that the election board should be treated as a county entity for venue purposes. The board disputes that characterization and maintains that state election law directs appeals of board decisions to be filed in the county where the board operates.
Judge Broden took the matter under advisement and did not issue a ruling from the bench Monday. A decision is expected in the coming days as election officials prepare primary ballots.
Logan Foster
Logan Foster founded Redress South Bend and reports on local government and public records in South Bend and St. Joseph County. He is 31 years old and is majoring in finance. He is a Cleveland sports fan and a longtime season ticket holder of the Cleveland Cavaliers.
