SOUTH BEND, Ind. — In an order issued Thursday, St. Joseph County Circuit Court Judge John Broden rejected Griffin Nate’s motion for a change of venue in the case seeking to remove Dan Schaetzle from the ballot as he runs for re-election in County Council District C.
The case stems from a candidate challenge first filed by Griffin Nate with the St. Joseph County Election Board. On Feb. 25th, the board voted 3-0 to reject the challenge and allow Schaetzle to remain on the ballot.
Nate filed an appeal the following day in the St. Joseph Circuit Court asking the court to reverse the board’s decision and temporarily halt ballot printing while the case proceeds.
In court filings, Nate argued the case should be transferred because the St. Joseph County Election Board is effectively an arm of county government. Under Indiana Trial Rule 76(A), a change of venue may be required when the county where a case is filed is itself a party to the litigation.
Nate also argued the case should be moved because he could not receive a fair trial in St. Joseph County due to local bias and prejudice.
Judge John Broden rejected both arguments.
In the order, Judge John Broden concluded that the St. Joseph County Election Board is not an agency of county government but a statutory entity created under Indiana election law. The order states that the board’s structure and authority demonstrate it operates independently from the county and therefore does not make the county a party for purposes of a mandatory venue change.
Judge John Broden also rejected Nate’s claim that local bias required the case to be moved, writing that past political disputes or relationships between parties involved in election litigation do not establish judicial bias and that Indiana law presumes judges are capable of remaining impartial.
The order notes that the board’s structure, including the appointment of members by county political party chairs and the clerk of the circuit court serving as an ex officio member, further demonstrates the board’s independence from county government.
“For the above and foregoing reasons, Plaintiff’s Verified Motion for Change of Venue
pursuant to Indiana Trial Rule 76(A) is DENIED,” Judge John Broden wrote.
Sean M. Surrisi of Wyland, Humphrey, Clevenger & Surrisi, LLP represents Nate. Peter J. Agostino represents Schaetzle, and attorney Michael P. Smyth represents the St. Joseph County Election Board.
The lawsuit centers on whether Schaetzle should remain eligible to run in the Republican primary despite a determination by the Indiana Republican Party that he was not a “Republican in good standing.”
The case remains pending before the St. Joseph Circuit Court 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.
