Published: August 25, 2006 11:09 am      

Burns’ candidacy jeopardized

State not recognizing Burns’ filing because caucus documents missing

By DAVE KITCHELL

Pharos-Tribune staff writer

A mistake that fell between the cracks of experience of a first-time candidate and a first-time county chairman may cost a Logansport attorney his chance at becoming Cass Circuit judge.

Democrat Leo Burns is awaiting word from state election officials today on his candidacy. Although Burns was chosen by precinct committeemen in a caucus to be slated as the party candidate in November, a notice of the caucus was not filed by Burns or County Chairman Matt Meagher with the state. Burns did file a declaration of candidacy and a statement of economic interest with the state, but the notice of the caucus must be filed. The Indiana Secretary of State has until noon today to certify candidates for the November election.

After returning from vacation earlier this month, Burns first discovered the error when he checked the Indiana Election Division Web site and found his name was not among the balloted candidacies. After placing a call to the division Aug. 7, he learned the next day his candidacy was not recognized because a notice of the caucus has not been filed with the state.

After consulting with election officials, Democrats held a second caucus Monday to choose Burns again based on a portion of Indiana law that allows parties to caucus a second time if a candidate is withdrawn from the election. Based on the series of events, Burns is claiming his candidacy has been withdrawn by the state.

“Actually the law requires, the way it is set up, if you call a caucus to fill a vacancy, the call of the caucus needs to be filed unless the Central Committee chairperson has received authority to appoint candidates himself.”

Cass Democratic Chairman Matt Meagher said Thursday he takes full responsibility for the error.

“It was my mistake,” he said.

Meagher, who took over the job from Dan Applebee, said he does not blame the Cass County Clerk’s Office for the error, which leaves the party without a candidate for Circuit Court judge against another first-time candidate, Republican Sheryl Pherson.

Burns said the Indiana Election Commission has 14 days to act on his candidacy, and if it rules against him, he has other avenues to appeal. Ironically, a job that deals with courts every day may involve one before the election.

“If I don’t prevail administratively, then the only option is to file a lawsuit in an effort to have a judge declare that I should be a candidate on the ballot,” Burns said.

“I haven’t given up.”

In Indiana, candidates for judge and prosecutor are considered pseudo state officeholders even though they are county officials because the bulk of their salaries are paid by the state. Nonetheless, Burns says because documentation of the first caucus that chose him was filed in Cass County, that should be a notice of the party intent to select him as its candidate.

“They were timely filed in my opinion. They were filed in the wrong place.”

Burns said he has spent his own funding so far to appeal the action by the state.