06052003 - News Article - S'ville judge race recount stalls - Parties waiting for court hearing in Democratic primary election - ROBERT CANTRELL

S'ville judge race recount stalls
Parties waiting for court hearing in Democratic primary election
NWI Times
Jun 5, 2003
nwitimes.com/news/local/s-ville-judge-race-recount-stalls/article_e1385bd3-e748-5451-aafa-7e7549954c66.html
SCHERERVILLE -- Attorney Kenneth Anderson's recount case in the Democratic primary for Schererville Town Court judge is in a holding pattern until a court hearing can been set.

Anderson lost by 11 votes to incumbent Judge Deborah Riga. Although Anderson garnered more votes at the polls, Riga's absentee ballots put her over the top. He had 80 more votes at the polls, but Riga had three times as many absentee ballots.

Anderson's attorney, David Cerven, said Wednesday that a hearing likely will be held in Lake Circuit Court next week whereby a recount commission will be appointed. The commission will consist of one Democrat, one Republican and likely an election mechanic, he said. If the two parties cannot come to an agreement over the commission's membership, the judge will make the decision.

The case is now before Judge Mary Beth Bonaventura.

The absentee balloting process is at the core of Anderson's case. Cerven said he doesn't have any evidence to substantiate claims of voter fraud, but is yet to complete the discovery process.

By statute, the recount must be completed by June 27. Cerven said he's disappointed the process hasn't moved faster.