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FOR PUBLICATION

FILED
Mar 18 2008, 9:28 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLANT: JOHN DAVID HOOVER DANIEL K. BURKE Hoover Hull LLP Indianapolis, Indiana

ATTORNEY FOR APPELLEE: MARK W. MULLICAN Mullican Law Office Terre Haute, Indiana

IN THE COURT OF APPEALS OF INDIANA
DAN LOCKARD, Appellant-Petitioner, vs. CHARLES MILES, Appellee-Respondent, JOHN MULLICAN, Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 84A04-0708-CV-493

APPEAL FROM THE VIGO CIRCUIT COURT The Honorable P.J. Pierson, Special Judge Cause No. 84C01-0705-MI-73

March 18, 2008 OPINION - FOR PUBLICATION VAIDIK, Judge

Case Summary Dan Lockard appeals the trial court's order denying his petition for election contest. Specifically, Lockard argues that the death of his only opponent, Charles Miles, just weeks before the May 2007 Democratic Party primary election for a seat on the Terre Haute City Council rendered Miles ineligible, making Lockard the winner. Because a candidate vacancy that exists on a primary election ballot may not be filled for the primary election, Miles' name properly remained on the ballot. Because Miles defeated Lockard in the primary election, leaving the Democratic Party without a candidate in the upcoming general election, the caucus process was triggered. The party caucus was held, and John Mullican was selected over Lockard to fill the vacancy created by Miles' death and victory in the primary. Because Mullican was properly selected to fill the vacancy, we affirm the trial court. Facts and Procedural History The facts of this case are undisputed. 1 Lockard and Miles were the only

candidates on the ballot for the May 2007 Democratic Party Primary Election for City Council District 6 in the City of Terre Haute, Indiana. On April 18, 2007, Miles passed away. Local television and print news outlets first reported Miles' death on April 19, 2007, and they continued to reference Miles' death through the date of the Primary Election. The Primary Election was held on May 8, 2007, and Miles' name remained on the ballot. Miles received 703 votes compared to Lockard's 538 votes. Shortly after the election, the Vigo County Democratic Chairman, pursuant to Indiana Code

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Indiana Law