ALLEN COUNTY, Ind. (WOWO): It was a clean sweep for republicans in terms of Allen County Council’s at large seats. The race was called early for republican incumbents Robert Armstrong and Roy Buskirk and for republican Eric Tippmann.
However, Steve Shine, head of the Allen County Republican Party, is reacting to a press release (below) issued by the Allen County Democratic Party. He says democrats are trying to steal one of the Allen County Council seats.
“They (democrats) have threatened to file a lawsuit to indicate that Roy Buskirk was not validly on the ballot…I want you to know that the Republican Party will continue to vigorously defend Roy’s legacy and our legal right to maintain the position in republican hands.”
Due to complications with cancer, Buskirk passed away Friday, just four days before Election Day.
Meanwhile, Jack Morris, head of the Allen County Democratic Party says, if a candidate dies within the last 10 days, the party chairman is permitted to name a replacement candidate.
“When there is a death of a candidate, that candidate is no longer a candidate and there is a vacancy. That vacancy has methods of being filled depending on when it happens. If there is a late vacancy, the method for being filled is, the chair of that candidate’s party can just name a person to fill in that vacancy. That is what should have been done in this case, Chairman Shine failed to do that and so that left the election board with nothing to do.”
Both Chairmen will be on Fort Wayne’s Morning News with Charly Butcher in the 8am hour.
Statement of the Allen County Democratic Party concerning Ballot Vacancy Created by the Death of County Councilman Roy Buskirk: (verbatim)
Yesterday the Allen County Election Board took no action about the ballot vacancy created by the unfortunate death of County Councilman Roy Buskirk.
Pursuant to Indiana law IC 3-13-1 and IC 3-13-2 when a candidate dies, they “cease to be a candidate”, pursuant to IC 3-12-14(b) creating a ballot vacancy.
A political party has the right to replace a deceased candidate pursuant to IC 3-13-1 or 3-13-2. If a candidate dies within the last 10 days, the party chairman is permitted by IC 3-13-2 to name a replacement candidate.
The Republican Party Chairman Steve Shine failed to name a replacement as permitted by law, thus leaving only two valid Republican candidates.
The Allen County Election Board must tabulate the votes cast for Allen County Council At-large race and certify the three eligible candidates receiving the highest number of votes cast. IC 3-12-4-9(a).
A person who ceases to be a candidate CANNOT be certified to be elected.
The Allen County Democratic Party stands ready to assure that the Election Board complies with Indiana law and certifies the top three eligible candidates for County Council At-large.
