08192003 - News Article - Anderson makes case to high court - Attorneys say Schererville candidate did all he could to meet deadlines - ROBERT CANTRELL

Anderson makes case to high court
Attorneys say Schererville candidate did all he could to meet deadlines
NWI Times
Aug 19, 2003
nwitimes.com/news/local/anderson-makes-case-to-high-court/article_f8d14e07-96d9-5090-a6de-39a0ad7b3126.html
INDIANAPOLIS -- In a motion filed Monday with the Indiana Supreme Court, attorneys for Kenneth Anderson argued that he has done everything in his power to move a voter fraud case forward and the case should be maintained at the local level.

Anderson, a Schererville attorney, ran for Schererville Town Court judge in the May primary. He won at the polls by more than 80 votes, but once absentee ballots were counted, he lost to incumbent Judge Deborah Riga by 11 votes.

A number of motions have been filed at the local and Indiana Supreme Court level. This latest motion, filed Monday, cites case law that dates back to 1979.

Anderson's attorney, John Craig, said the Anderson and the 1979 cases are very similar.

"Anderson cannot be denied his day in court because he has taken all of the appropriate actions and the court set the date outside the statute," Craig wrote in the motion.

Craig said it was Riga who delayed the court proceedings by asking for a change of venue. He said Anderson has done everything in his power to expedite matters and move the case forward within the 20-day limit.

"We believe the case law cited allows us and the court to maintain jurisdiction," Craig said. "We believe the case law supports our position to proceed at the trial court level and that (Lake County Superior Court) Judge Mary Beth Bonaventura should maintain jurisdiction."

Riga's attorney, Robert Vann, said he doesn't have a copy of the motion yet and can't comment on it.

"The next step is that we have to get our written findings of fact and conclusions of law by Aug. 29," Vann said.

Even though an election board panel voted to uphold the election results, saying corruption was not rampant enough to overturn the results, Anderson has reportedly found at least four illegal absentee ballots from voters who no longer live in Schererville.

Bonaventura reportedly decided to go forward with Anderson's election contest, and had rejected Riga's petition to stop it. Riga also contended it should be heard in another venue.

As a result, Anderson and Riga have been locked in a legal battle as Anderson has sought to move the case forward and Riga has tried to have it stopped.