SOUTH BEND, Ind. — St. Joseph County Circuit Court Judge John Broden has scheduled an evidentiary hearing in a lawsuit 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.
According to a court order issued March 5th, the hearing will take place March 10 at 2:30 p.m. in the St. Joseph Circuit Court in downtown South Bend.
The hearing will address Griffin Nate’s appeal of a St. Joseph County Election Board decision that allowed Schaetzle to remain on the ballot, along with Nate’s request for a temporary restraining order and additional injunctive relief.
Nate initially filed a candidate challenge 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 in the St. Joseph Circuit Court the following day asking the court to reverse the board’s decision and temporarily halt ballot printing while the case proceeds.
The court has also notified Indiana Attorney General Todd Rokita that the lawsuit raises a constitutional challenge to a state election law.
In a certification filed with the court, Judge John Broden stated that the case includes an as-applied constitutional challenge to Indiana’s political affiliation statute, Indiana Code § 3-8-2-7(a)(4).
Indiana law requires courts to notify the attorney general when the constitutionality of a state statute is challenged. The attorney general’s office may choose to intervene in the case or file arguments defending the statute.
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.”
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 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.
