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ATTORNEYS FOR APPELLANT
William R. Groth Geoffrey S. Lohman Fillenwarth Dennerline Groth and Towe Indianapolis, Indiana

ATTORNEYS FOR APPELLEE
David W. Brooks Brooks, Koch & Sorg Indianapolis, Indiana Marion O. Redstone Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 49S00-0501-CV-17 KAREN C. HORSEMAN, Appellant (Cross-Appellee below), v. J. SCOTT KELLER, Appellee (Cross-Appellant below). _________________________________ Appeal from the Marion Superior Court, Civil Division 10, No. 49D10-0311-MI-001998 The Honorable David Dreyer, Judge _________________________________ On Direct Appeal _________________________________

January 31, 2006

Rucker, Justice.

Case Summary The trial court affirmed a decision of the court-appointed Recount Commission that concluded J. Scott Keller was the winner of the 2003 election for the Marion County CityCounty Council District 16 seat. In so doing the trial court also declared unconstitutional an absentee voting statute. We previously announced (on February 11, 2005) that we agreed with the trial court's conclusion concerning the ultimate outcome of the election. However, we disagree with its decision concerning the constitutionality of the statute and now write to explain our reasoning.

Facts and Procedural History

Marion County employed new voting machines during the November 2003 general elections. These machines provided voters with paper ballots that included a line for write-in candidates.

The November 4, 2003 Marion County municipal elections included a contest for the office of City-County Councilor of the Indianapolis City-County Council District 16. On the ballot were Karen C. Horseman ("Horseman"), Democrat, J. Scott Keller ("Keller"), Republican, and one other candidate.

Horseman and Keller garnered most of the votes. The initial results showed Keller with 1,407 votes and Horseman with 1,404 votes. Horseman filed a Verified Petition for Recount on November 10. Ind. Code

Download Karen C. Horseman v. J. Scott Keller.pdf

Indiana Law