Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
For nearly 40 years, Marion Superior judges were elected in a unique way compared to other judges in Indiana. The Republican and Democratic parties “slated” ballot positions with candidates who made financial contributions to the parties – most recently five-figure contributions.
The slating process essentially made the general election pointless, because those candidates who won in primary elections were assured election because of the allocation of a set number of judgeships for each party. So in a year where there was an election to fill 20 judicial positions, voters received general election ballots in which they could vote for up to 20 candidates, but only 10 Republicans and 10 Democrats were listed on the ballot.
Chief Judge Richard Young of the U.S. District Court for the Southern District of Indiana ruled in 2014 the statute outlining how Marion Superior judges are elected was unconstitutional. The 7th Circuit affirmed in a Sept. 9, 2015, opinion.
“We agree with the district court that the Statute at issue burdens the right to cast a meaningful vote without sufficiently weighty interests to justify such a burden,” the 7th Circuit held in Common Cause Indiana v. Individual Members of the Indiana Election Commission, et al., 14-3300.
“We conclude that the precise interests (including partisan balance) put forward by the State do not justify the burden placed on the right to vote for judicial candidates for the Marion Superior Court. Therefore, the Statute violates the First and Fourteenth Amendments,” the panel held.
All but five Indiana counties, including Marion, choose trial court judges through direct, partisan election. It has yet to be determined how Superior judges will be chosen in the future. Key lawmakers suggested there’s no rush to find a fix, though, because the next Marion Superior judicial election won’t happen until 2018.•
Please enable JavaScript to view this content.