Opinions July 16, 2024

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Indiana Court of Appeals
Ross Graham Thomas v. Joseph Foyst
24A-MI-251
Miscellaneous. Reverses the Bartholomew Circuit Court’s order in favor of Joseph Foyst. Remands with instructions to declare Bryan Muñoz the winner of the 2023 general election for the District 6 seat on the Columbus City Council. Finds that Foyst’s candidacy should be nullified because the notice of caucus was not timely submitted. Also, finds the clerk was barred by statute from receiving both the notice of caucus and the certificate of candidate selection because both documents were not timely filed. Finally, finds the clerk’s actions in violation of the applicable statutes were, by definition, ultra vires, and thus Foyst’s candidacy never existed in the eyes of the law.

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