Town judge election contest could be thrown out -- again
Lake County judge to rule Friday
NWI Times
Jul 31, 2003
nwitimes.com/news/local/town-judge-election-contest-could-be-thrown-out--/article_7804b969-4663-5b3a-a1fd-0bb79c5593bf.html
CROWN POINT -- A Lake County judge will decide Friday morning whether to throw out Kenneth Anderson's court challenge to his slim loss in May's Schererville town judge primary.
Incumbent Town Judge Deborah Riga asked Lake Superior Court Judge Mary Beth Bonaventura on Wednesday to dismiss the court challenge, saying Anderson's allegations that fraud threw the election should be heard in a different venue.
Anderson contends May's election was stolen from him through an orchestrated scheme to tip the election with tainted absentee ballots. Anderson won the election at the polls, but Riga eked out an 11-vote win after mail-in ballots where counted.
The issue has been running a maze of court hearings, filings and debates. Currently, Anderson is challenging the election in court -- saying the fraud warrants a new election -- and appealing a recount panel's earlier decision to uphold the vote tally. Bonaventura set Aug. 22 for his appeal.
Riga also asked Bonaventura on Wednesday to stop the court challenge until the Indiana Supreme Court rules on her appeal. Bonaventura immediately rejected that plea, a decision the state Supreme Court also reached last week.
Bonaventura said she needed until Friday to review state law to decide whether Anderson can move forward with accusations of mass voter fraud in his court challenge.
Riga's attorney, Robert Vann, told Bonaventura he wants the court challenge tossed because he believes state law only allows Anderson to air complaints of voter fraud through the recount election panel, which voted 2-1 in June to uphold the vote tally.
"The issue of fraud was already brought up in the recount," he said. "Mr. Anderson defiantly needs to be afforded the opportunity to litigate fraud. And he already did that in the recount."
Anderson's small battalion of attorneys contends the court challenge is the right way to go, and they expressed confidence that if they are allowed to bring witnesses to the stand, a re-election will be ordered at least in part of the town.
Anderson has questioned nearly 30 voters and accused vote stealers since Bonaventura denied Riga's earlier request to dismiss the court challenge.
During questioning last week, Anderson's attorneys said they identified at least eight instances of voters who didn't fill out their own ballots and in some cases didn't even ask for them.
Local precinct committeeman Bob "Bosko" Grkinich has become the target of Anderson's investigation. He is accused of having illegal absentee ballots mailed to his mother's house in Crown Point, as well as strong arming mail-in votes in at least one precinct on the town's east side.
He refused to answer questions from Anderson's attorney's last week, invoking his constitutional right to not incriminate himself. He has been avoiding the media.
"We've discovered some things -- things that should be brought into the court of law," Anderson's attorney Richard Maroc told Bonaventura.
As the court hearings proceed, the county's election department is becoming increasingly concerned that a winner be decided soon so ballots can be printed and mailed for Novembers general election. Absentee ballots have to start going out Sept. 25.
Election board attorney Bruce Lambka reminded Bonaventura about that fact during the hearing.
"No one in this room thinks your decision will be the last one in this case," he told her.
If Bonaventura decides Friday to throw out the contest, then Anderson's appeal of the election panel's decision will still go forward Aug. 22. Furthermore, Riga currently has an appeal of Bonaventura's earlier decision to hear Anderson's challenge waiting at the state Supreme Court. Filing papers are due on that matter Aug. 11.
Schererville: Town judge election back in court today
NWI Times
July 30, 2003
nwitimes.com/news/local/west-lake-news-briefs/article_9070fe19-f9f2-5283-b9b5-6cfa6461f466.html
Town Judge Deborah Riga's attorney will try to persuade a Lake County judge today to halt opponent Kenneth Anderson's court challenge to his 11-vote loss in May's Democratic primary.
Anderson contends he lost the election because a local precinct committeeman strong-armed absentee ballots in Riga's favor. Riga is asking Lake Superior Court Judge Mary Beth Bonaventura to stop the investigation and turn the case over to the state Supreme Court, where she has an appeal waiting.
On Monday, Anderson wrapped up his questioning of more than 30 absentee voters and people he believes are related to the alleged voter fraud. His attorney has said they have found at least eight cases of illegally cast ballots. The man accused of orchestrating at least some of the voter fraud refused to answer questions, citing his constitutional right to not incriminate himself.
Anderson was set to present his evidence of voter fraud next week in attempt to persuade Bonaventura to order a new election on the east side of town.
Voters claim they didn't vote
Attorneys question 30 in Schererville judge primary
NWI Times
Jul 26, 2003
nwitimes.com/news/local/voters-claim-they-didn-t-vote/article_df747fe7-eed3-5cf9-8e30-9e60dcc6efbb.html
The man accused of strong-arming votes in the Schererville town judge primary refused to answer questions during a deposition Thursday night, instead invoking his constitutional right not to incriminate himself.
In addition, as many as eight voters said they either had no knowledge of their absentee ballots existing or signed an application but never saw the ballots.
Town judge contender Kenneth Anderson and his attorneys questioned Thursday more than 30 absentee voters and people they believe are related to illegal votes cast in May's tight Democratic primary. Anderson lost the election by 11 votes to incumbent Deborah Riga, who filed new motions Thursday to dismiss Anderson's court challenge to the election.
Anderson contends Bob "Bosko" Grkinich was behind three absentee ballots that were voted in the names of people who live in Illinois. On Thursday, Grkinich invoked his Fifth Amendment rights to refuse to answer questions about a crime or be a witness against himself, Anderson's attorney John Greg said.
The three people who Grkinich allegedly voted for have lived in Illinois for two years. They told Anderson's attorneys during their deposition that they had no knowledge about the absentee ballots.
Those ballots where sent to Grkinich's mother's house.
"We are finding many, many more things," Greg said. "The large shock is the people who said they had no knowledge of anything."
He said at least two other voters said they knew nothing about absentee ballots that were voted in their name. Greg also said about three other people said they signed an application for a mail-in ballot but never saw or filled out a ballot.
The questioned voters came from the Novo Selo area precinct on the east side of town, where Anderson only received one of 24 mail-in votes. He is hoping to convince Lake Superior Judge Mary Beth Bonaventura that corruption was so rampant in the precinct that she should order a new election. No Republican has filed for judge for November's general election.
Riga's new motions have prompted Bonaventura to order a new hearing for Wednesday, Anderson said. The motions ask Bonaventura to stop Anderson's investigation and dismiss the case because they believe the Indiana Supreme Court has jurisdiction over the matter and not her.
Earlier this week, her attorney drove to Indianapolis to ask the state Supreme Court to stop Thursday's depositions, claiming the Bonaventura was did not have jurisdiction over the case. The plea was rejected.
Reports of vote-buying surface
Testimony in Pastrick-Pabey case focuses on reasons for absentee ballots, not fraud
NWI Times
Jul 24, 2003
nwitimes.com/news/state-and-regional/reports-of-vote-buying-surface/article_8a695804-e915-56c2-a370-f377d95fb88b.html
Glenn Pitts testified that his precinct committeeman offered $30 to obtain his absentee ballot, and then failed to pay.
With that one striking exception, lawyers for East Chicago mayoral contender George Pabey produced little evidence of vote fraud in the second day of trial in Pabey's case to overturn the re-election of Mayor Robert Pastrick.
But there were hints of more to come.
Several witnesses testified that a total of 18 individuals whose names were brought up in court did not live in their house or apartment building. But no records were introduced showing that those mysterious individuals actually voted.
Following trial, Pabey's attorney Nathaniel Ruff said the individuals had either voted, or had applied for an absentee ballot.
There's a big difference. Absentee ballots that were mailed out but never sent back in with a vote, presumably could not have influenced the election.
Though Pabey defeated Pastrick by 199 votes at the polls, Pastrick won the election by 278 votes after absentee ballots were counted. Pabey is seeking to win by discrediting, and eliminating, the absentee votes.
Prior to the first witness of the day, Ruff noted a press report that Lake Superior Court Judge Julie Cantrell had told witnesses waiting outside the courtroom on Tuesday they did not have to testify until they were paid their witness fees. Cantrell is not presiding over the trial.
"It was a joke and (the reporter) blew it out of proportion," said Cantrell late Wednesday, as she left her chambers.
The report indicated that Cantrell was not smiling or laughing when she made her remarks to witnesses.
"There's a difference between sarcasm and laughing," said Cantrell, the daughter of former East Chicago Republican Party Chairman Robert Cantrell. "I think it's a non-story, really."
Based on Cantrell's reported remarks, Ruff asked the court to curb such comments to witnesses. In response, LaPorte County Judge Steven King entered an order barring everyone but counsel from discussing non-appearances and testimony with witnesses.
In questioning some 26 witnesses, Ruff and co-counsel Carmen Fernandez focused for hours on why people had applied for absentee ballots.
In several instances, they elicited testimony showing the voter had given the wrong reason -- or someone else had marked the wrong reason for them -- on the application for an absentee ballot.
In cross examination, Pastrick lawyers Michael Bosch and Terrance Smith regularly elicited testimony that the voter had voted just once, had cast their absentee ballot freely and independently, and that the voter wanted his or her vote to count.
It's likely to take testimony of stark wrongdoing to persuade a judge to overturn the election, based on past challenges elsewhere.
Even a coercive pattern of precinct committeemen and others illegally watching voters cast absentee ballots likely would not be enough, predicted William Kimberling, a recently retired top official at the Federal Election Commission, shortly after the May primary.
"They have to demonstrate there was fraud at a sufficient level to alter the outcome, or that the entire process was so beclouded that it would rule out counting the absentee ballots. That's pretty drastic," Kimberling said.
There also were minor moments of levity during the trial's second day of testimony. As Judge King raised his hand to swear in Glenn Pitts of 3831 Deal St., for instance, Pitts also raised his hand in greeting.
"I'm going to give you an oath to tell the truth. This isn't 'Hi,' " King said.
Pitts testified that his committeeman Ashley Dunlap and an individual he knew as "bidderman" brought him an absentee ballot application, which he signed.
After the ballot arrived, Pitts said he gave it to Dunlap, who promised to pay him $30. Pitts said Dunlap asked him to sign the ballot, and that Dunlap filled out the ballot himself. Pitts also said Dunlap failed to pay.
Dunlap could not be reached for comment Wednesday night at either of two East Chicago phone listings for an Ashley Dunlap.
Ruff examined Precinct 2-2 Committeeman Ramon Guillen Jr. at length over Guillen's success in obtaining numerous absentee ballots, sometimes, it seemed, for reasons not provided by law.
Guillen said he had not been involved in seeking an absentee ballot for his son Ray, who, he said, does not live at his home at 4812 Wegg.
State Supreme Court denies Riga appeal
Legal maneuvers continue over Schererville town judge election
NWI Times
Jul 23, 2003
nwitimes.com/news/state-and-regional/state-supreme-court-denies-riga-appeal/article_89291417-968e-51e4-8201-b82c6b9bbdfa.html
SCHERERVILLE -- Town Judge Deborah Riga turned to the Indiana Supreme Court on Tuesday to strike down opponent Kenneth Anderson's investigation into voter fraud in May's Democratic Primary.
But the Supreme Court told her to hold off.
Riga's attorney drove to Indianapolis on Tuesday morning to hand-deliver a fast-track appeal that also asked for the court to stop Anderson from interrogating some absentee voters and a local Democratic committeeman accused of voter fraud.
The court decided just hours later to let Anderson proceed, saying stopping the investigation wasn't imperative to Riga's appeal.
"I'm happy," Anderson said. "I'm thankful that the Supreme Court has allowed me to go forward."
Anderson lost May's primary by 11 votes. Riga lost at the polls, but came out on top with overwhelming support from mail-in ballots.
Anderson is now in the midst of an investigation into those ballots, particularly those from an east side precinct where he uncovered four illegal absentee ballots from voters who haven't lived in Schererville for years. Three of them live in Illinois.
An election board panel voted 2-1 in June to uphold the election results, saying the corruption wasn't rampant enough. But Lake Superior Judge Mary Beth Bonaventura decided to go forward with Anderson's election contest, granting him time to question voters and setting a court date for Aug. 6.
While Chief Justice Randall T. Shepard rejected Riga's petition, her appeal of Bonaventura's ruling remains.
So, if Anderson convinces the Lake County judge to order a new election because the first one was tainted, then Riga could argue the issue before the Supreme Court. Anderson has until Aug. 11 to rebut Riga's appeal.
Whoever wins the court battles essentially will be handed the keys to Schereville's courtroom, because the Republican Party has failed to field a candidate for November's general election.
For now, Anderson said he will go forward with about 30 depositions on Thursday. He has set up questioning for nearly all the absentee voters in the contested Novo Selo subdivision area. Bob "Bosko" Grkinich, a Democratic precinct committeeman, is also on the list for questioning.
Anderson believes Grkinich strong-armed absentee votes in the precinct. Twenty-four people voted absentee in that precinct, and 23 of those votes were for Riga. Grkinich, Riga and Riga's attorney Robert Vann could not be reached for comment Tuesday.
Schererville: Subpoena delivered in judge race
NWI Times
July 19, 2003
nwitimes.com/news/local/news-briefs/article_1c05684d-99eb-5c8a-81f3-4c52b586614a.html
The man accused of orchestrating voter fraud in the town judge race has been handed a subpoena.
Frank Martinez III, a campaign aide to town judge candidate Kenneth Anderson, said Friday he served a subpoena to the wife of Bob "Bosko" Grkinich on Friday morning. Anderson alleges Grkinich strong armed mail-in votes in an east side precinct to throw May's Democratic primary, which was won by incumbent Judge Deborah Riga.
Riga won by 11 votes.
Anderson is contesting the election in Lake County court and has until early August to build his case that voter fraud was rampant enough to warrant a new primary in the Novo Selo subdivision area precinct. Anderson uncovered four mail-in votes from that precinct were in the names of non-residents. A recount commission already has refused to throw the precinct votes out, but Anderson also is appealing that ruling. Anderson is currently working on subpoenaing all 24 absentee voters from the Novo Selo subdivision.
Anderson gets green light on election challenge
Schererville town judge challenger has to prove voter fraud took place
NWI Times
Jul 11, 2003
nwitimes.com/news/local/anderson-gets-green-light-on-election-challenge/article_e55bc288-59ce-5d62-8d23-91fd4060b073.html
SCHERERVILLE -- A Lake County judge has handed a town judge challenger time and a microphone to prove that voter fraud, allegedly orchestrated by one man, kept him from winning May's primary.
Lake Superior Court Judge Mary Beth Bonaventura decided Thursday to move forward with Kenneth Anderson's election challenge, despite the argument from incumbent Judge Deborah Riga that it's too late.
Riga won the election by 11 votes. Anderson garnered more votes at the polls, but Riga eked out the lead with overwhelming support in absentee ballots.
Anderson tried to persuade an election panel in June to throw out more than 20 absentee votes in her favor. He showed the panel evidence four voters moved out of town years ago, with three of them now living in Illinois. He also said numerous signatures were blatantly forged.
But the election panel voted 2-1 to uphold the primary results, saying the apparent corruption wasn't rampant enough.
Bonaventura's ruling Thursday revitalizes Anderson's efforts to uncover what he believes is a stolen election.
The judge gave him 3-1/2 weeks to question absentee voters under oath and pin down the man he accuses of stealing votes -- Bob "Bosko" Grkinich.
"We are going to get all the evidence we can," Anderson said Thursday. "This is a nice step in the right direction."
Riga, who has been avoiding the media, told Bonaventura on Wednesday to throw out Anderson's challenge because state law said the hearing had to be held by June 25. Anderson's attorneys said she can ignore the deadline because they hadn't received election material for the investigation until June 20.
Bonaventura sided with Anderson in Thursday's ruling and also set up a hearing for his appeal to the election panel's decision. Both issues will move forward Aug. 6.
If Anderson convinces the judge corruption spoiled the election, Bonaventura could order a new election for the whole town, or just in the precinct the tainted ballots came from. She could not throw out votes, according to Kristi Robertson, co-director of the Secretary of State's Election Division.
However, the judge also could agree with Anderson's appeal to the election board's decision, and throw out all the votes from the contested precinct, which is in the east side Novo Selo neighborhood.
It is in that precinct Anderson alleges Grkinich stole the election.
The ballots in the name of three Illinois residents were mailed to the home of Gus and Roberta Flores, both of whom have ties to East Chicago politicians.
But Gus Flores has denied he knew about the ballots. Instead, he has suggested his brother-in-law, Grkinich, was behind it. Grkinich, a registered nurse, visits the home regularly to care for his ailing mother.
Grkinich has not returned phone calls, but he has told Gus Flores he will one day clear his name.
Allegedly, the handwriting on the ballots mailed to Flores' home match roughly 20 other absentee ballot applications from the east side precinct. And Anderson said many of those ballot signatures are forged, claiming Grkinich either voted for them or signed the application ballots. Both actions are illegal and would void a ballot.
But Anderson has yet to prove that theory.
During the next three weeks he said he will question all 24 of the mail-in voters from the Novo Selo neighborhood. Twenty-three of those ballots were in Riga's favor.
He also wants to question Grkinich under oath to tighten his case that the votes should be thrown out or the precinct revote.
In the end, the judge will decide whether Anderson's efforts prove rampant voter fraud.
Bonaventura's ruling on Anderson's appeal as well as his challenge also will determine who will hand out justice for traffic violations and minor crimes in Schererville for the next four years.
The Republicans failed to field a candidate for November's town judge election, handing whoever wins these court hearings the key to the courtroom.
Schererville judge race challenge remains in court
NWI Times
Jul 10, 2003
nwitimes.com/news/local/schererville-judge-race-challenge-remains-in-court/article_b54660d9-cca8-589c-9cd4-1cdfc9903894.html
SCHERERVILLE --- Kenneth Anderson's challenge to May's tight Democratic primary for town judge will move forward in the Lake County courts.
Lake Superior Court Judge Mary Beth Bonaventura on Thursday denied Town Judge Deborah Riga's petition to reject Anderson's challenge. Riga said it should be thrown out because the legal date to hold hearings had past.
Anderson lost the primary to Riga by 11 votes. He won at the polls, but Riga eked a win with a flood of absentee ballots in her favor.
Anderson has contended Riga's win was the result of mass absentee voter fraud orchestrated by a local Democratic precinct committeeman.
Bonaventura heard arguments from both sides in court on Wednesday and ruled late Thursday afternoon that she would proceed with Anderson's challenge. She also set up a hearing for Anderson's appeal to an election board's decision to not throw out votes in the contested precinct.
Both issues will move forward Aug. 6. And the hearing will continue on Aug. 8 if the time is needed.
Judge candidates back in court
Decision expected today on whether to dismiss case; Anderson appeals recount
NWI Times
Jul 10, 2003
nwitimes.com/news/local/judge-candidates-back-in-court/article_686e3104-221a-589f-8f5c-82aacc13181a.html
CROWN POINT -- A Lake County judge is expected to decide this afternoon whether to proceed with Kenneth Anderson's challenge to his 11-vote loss in May's town judge primary, which he charges was laden with fraud.
Lake Superior Court Judge Mary Beth Bonaventura also is expected to set a date to hear his appeal of an election panel's decision to not throw out illegal votes.
Anderson lost the Democratic primary to incumbent Town Judge Deborah Riga. His fight to throw out more than 11-votes has been crawling through the legal system. Through it all he has contended Riga squeaked out a win because a local political novice strong armed absentee votes in an east side precinct.
An election panel ruled four votes in that precinct illegal because they were in the names of people who hadn't lived in town for several years. It also questioned several signatures on mail-in ballots. But it ruled 2-1 that the corruption wasn't rampant enough to justify discarding all the mail-in ballots from that area.
Anderson now is appealing that decision to Bonaventura. He also is challenging the election, hoping to convince Bonaventura the primary was so tainted a new one is required in the precinct he uncovered the alleged fraud.
Bonaventura listened Wednesday to the arguments surrounding Anderson's challenge.
Riga's attorney's told the judge Anderson has missed the legal deadline to move forward with the challenge, which was June 25.
"One of the most important things in an election is finality," said Robert Vann, Riga's attorney.
But Anderson said he didn't discover the fraud until just recently and deserves more time to make his case.
"This should not be thrown out of court because of some technicality," said Nathaniel Ruff, Anderson's attorney. "We found substantial fraud."
If granted the time, Anderson said he plans to question more than 20 absentee voters from the 10th Precinct in the Novo Selo neighborhood. Twenty-four absentee ballots were counted from that area, 23 of which supported Riga.
He also wants to question the man he accuses of orchestrating the absentee voter fraud -- Bob "Bosko" Grkinich, a local Democratic precinct committeeman. Three ballots in the names of Illinois residents were mailed to his sister's Crown Point home, which he visits often to care for his mother.
"We are hoping to get him in," Anderson said.
Grkinich has not returned recent phone calls for comment.
Anderson is asking for two to three weeks to question absentee voters before presenting the evidence in court. And the first hearing on the recount appeal won't be set until today.
Whoever wins the upcoming courtroom matches will take the bench in Schererville, dishing out justice for local traffic violators and minor law infractions. The Republican Party has failed to field a candidate in November's general election.
In other matters, Ruff recently was signed on by Anderson, and Bonaventura told the court Wednesday that Ruff had represented her in legal wranglings over the county's new courthouse several years ago. She volunteered to recuse herself, but Riga's attorney's said they trusted her objectivity.
Ruff also is representing East Chicago City Councilman George Pabey, D-at large, in his recount challenge against his loss to eight-term incumbent Mayor Robert Pastrick. Absentee ballots also are being targeted in that recount.
Judge candidates take it to court
County judge will decide justice in Schererville primary election
NWI Times
Jul 9, 2003
nwitimes.com/news/local/judge-candidates-take-it-to-court/article_93ff403e-bb09-5e98-a956-e1970e6325a3.html
SCHERERVILLE -- Incumbent Town Judge Deborah Riga will face off in court today with contender Kenneth Anderson, hoping to get his voter fraud case from May's primary thrown out.
Anderson lost the Democratic primary by 11 votes to incumbent Riga. With no Republicans in the running, a county judge's decision on evidence of voter fraud will likely decide the eventual winner.
Anderson already has convinced an election panel that four absentee voters really lived out of the district and therefore voted illegally. The election panel voted 2-1 last month to uphold the primary vote totals in a tainted east side precinct, saying the corruption wasn't rampant enough to disqualify the entire precinct.
Anderson also tried to convince the panel a local political novice with Serbian roots used illegal tactics to get out the vote for Riga in the heavily East European precinct.
Now, Anderson has turned to Lake Superior Court Judge Mary Beth Bonaventura to re-present the evidence. Riga is asking the judge today to disregard his claims because she said Anderson is stalling the election. Anderson disputes the charge.
"We believe we'll get more evidence," Anderson said. "We have not been dilatory. We have done everything we possibly can."
Bonaventura only has the authority to order a new election for the entire town or the precinct Anderson is contesting. She can not throw votes out, said Kristi Robertson, co-director of the Secretary of State's Election Division.
Meanwhile, Lake County Prosecutor Bernard Carter said early last month he was going to launch an investigation into numerous allegations of absentee voter fraud in primary races across the county, including East Chicago, Schererville and Hammond.
Lake County Election Board Director Sally LaSota and election board attorney Bruce Lambka said Tuesday the office has not turned over any information from the Schererville judge race or recount. Election board attorney James Wieser said he has turned over East Chicago information but nothing from Hammond.
The Indiana State Police have not been informed of Carter's investigation, said spokeswoman Sgt. Jill Wojas.
Riga did not return phone calls.
Candidate seeks new election
Anderson to contest town judge outcome in Lake Superior Court
NWI Times
Jul 4, 2003
nwitimes.com/news/local/candidate-seeks-new-election/article_4bc50ed3-979d-5892-9f31-3cf45062dd2c.html
SCHERERVILLE -- Town judge contender Ken Anderson is taking his allegations of voter fraud in May's tight primary election to court, hoping to get a new election.
Anderson, a Highland attorney, lost the Democratic primary to incumbent Town Judge Deborah Riga by 11 votes. He recently lost a fight to have an election panel throw out illegal votes and other votes that would have propelled him to the general election.
Now, Anderson is taking a different route. He is asking a Lake County judge to order a new primary election in Schererville, or at least in the part of Schererville where he contends voter fraud took place.
"We think we have substantial evidence of fraud," Anderson said. "The people who have supported me are insisting that I continue forward. I can't let them down."
To get a new election, Anderson must clear a high hurdle. He will have to convince Lake Superior Court Judge Mary Beth Bonaventura that corruption in an election for a position that hands out justice was rampant enough to throw the outcome of the election.
Bonaventura has the discretion to order a new, district-wide primary election or a new election in certain precincts if she buys his case, said Kristi Robertson, co-director of the Secretary of State's Election Division. Bonaventura can't just toss out the tainted votes, according to state law.
"Ultimately you want the voters to decide, not a judge or election panel," Robertson said.
Anderson has shown election officials evidence that four people voted with mail-in ballots even though they hadn't lived in Schererville for several years. He says the same person who signed up those people to vote via mail also signed up more than 20 absentee voters in an east side precinct. And many of those signatures do not match, he said.
Anderson won the primary at the polls, but Riga eked out a win with a flood of absentee ballots in her favor.
An election panel agreed with Anderson's findings, but didn't feel it met state requirements for tossing out ballots. The panel would have had to disregard the whole precinct -- almost 200 votes -- and didn't think the evidence of corruption presented by Anderson was strong enough to do so.
With the new challenge, Anderson plans to present the same evidence. He also might question some absentee voters under oath about whether they were legally allowed to vote by mail.
"An absentee ballot isn't supposed to be given out willy-nilly," he said. "That is not what the statute is meant for, but it is used that way for unscrupulous people to get more votes."
Voters are allowed to apply for mail-in ballots if they have disabilities or are injured, 65 or older, in the military, expecting to work 12 hours on election day or be out of town.
Anderson is currently drafting the needed documents and plans to file early next week. He filed to contest the election several weeks ago, but pursued the recount first. The judge must first decide whether to even move forward with the case, because Riga has asked the judge to dismiss the hearings.
There is no set deadline for the judge to order a new election, so long as the primary can be redone before November's general election ballots are printed, Robertson said.
Riga could not be reached for comment.
Judge primary votes get stamp of approval
Incumbent wins Democratic race; no Republicans in the running
NWI Times
Jul 2, 2003
nwitimes.com/news/local/judge-primary-votes-get-stamp-of-approval/article_262bdc31-cd12-523e-9742-68334d626a47.html
SCHERERVILLE -- The votes for May's Democratic town judge primary are now official, even the illegal ones.
Lake Superior Court Judge Mary Beth Bonaventura officially certified the vote tally Tuesday, including votes the election panel said Friday were from voters who hadn't lived in Schererville for years.
The 11-vote win of incumbent Town Judge Deborah Riga over Schererville lawyer Kenneth Anderson was in limbo for more than a month while Anderson uncovered the instances of voter fraud apparently perpetuated by a Democratic precinct committeeman.
However, Anderson lost the fight when an election panel rejected his call to toss out mail-in ballots from an east side precinct he said was laden with corruption
Anderson could appeal last week's election panel ruling, but so far he has not decided to do so. And Riga would virtually be guaranteed another four-year term because the Republican Party failed to field an opponent in the upcoming general election.
As town judge, Riga oversees all local traffic tickets and minor crimes.
Anderson showed the election panel four absentee ballots from the east side of town that were allegedly mailed in by three Illinois residents and one Crown Point resident. The voters had moved from Schererville years earlier.
The applications for most of the 10th Precinct absentee ballots, including the illegal ones, where filled out by the same person.
And the election panel said many of those signatures may have been forged. However, the panel voted 2-1 to uphold the results, saying it couldn't discard just some ballots and didn't believe there was enough tampering to throw out the whole east side precinct.
Anderson only received 1 of the 24 mail-in votes in that precinct. Anderson won May's primary at the polls, but Riga came out on to with overwhelming support from absentee voters.
Town judge nearly assured re-election
Republicans offer no alternative as May primary votes to be certified
NWI Times
Jul 1, 2003
nwitimes.com/news/local/town-judge-nearly-assured-re-election/article_5471f608-4075-504b-bb85-11cf42d8ae5b.html
SCHERERVILLE -- With her controversial 11-vote primary win nearly official and Republicans staying clear, Schererville Town Judge Deborah Riga is almost certain to win another four-year term.
Democratic primary challenger Kenneth Anderson lost his fight Friday to throw out a batch of potentially tainted absentee ballots that could have handed him the primary. Anderson can appeal, but has not yet decided whether to do so.
Meanwhile, Lake Superior Court Judge Mary Beth Bonaventura is poised to certify May's vote tally: Riga's 1,151 to Anderson's 1,140. The election panel's 2-1 decision to uphold the vote totals despite evidence of voter fraud is now on her desk.
In addition, the county's Republican leadership failed to field a candidate for November's general election by Monday's deadline, saying they couldn't find a party member who was qualified and willing to take Riga on.
"It's disappointing," said John Curley, Lake County Republican Party chairman.
Riga may have been easy prey given the questions about her campaign tactics dredged up during an investigation into the primary's results.
Anderson's challenge to the eyebrow-raising, tight vote revealed several cases of suspected voter fraud and raised numerous questions about a local political novice who canvassed the town's east side, signing up Serbian voters whose ballot signatures were later questioned by election panel officials as well as Anderson.
Anderson, a Schererville lawyer, found four absentee voters who apparently voted illegally because they didn't live in the district. Three of those voters actually live in Norridge, Ill. The other was allegedly from Crown Point.
The applications for those mail-in ballots and nearly all the absentee ballots in the town's 10th Precinct on the east side were evidently filled out, at least in part, by Bob "Bosko" Grkinich. Anderson had more votes at the polls, but Riga squeaked by with the help of absentee ballots.
Grkinich, who has strong roots in the Serbian community, is a Democratic precinct committeeman.
The majority of the election panel said it lacked the power to only throw out the tainted votes, but didn't feel the corruption was rampant enough to trash all the votes from the east side precinct.
Anderson declined to comment Monday.
