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March 6, 2008

Glitch may keep name off ballot

A glitch in the filing process may keep Middlebury attorney Fay Schwartz from getting her name on the ballot for the upcoming primary election.

Schwartz is one of six Republican candidates currently vying for the nomination of Judge of Elkhart Superior Court No. 5, a position currently held by retiring Judge James Rieckhoff.

Also vying for the nomination are attorneys Peter Todd, Bruce Wells and Charles Wicks, Magistrate Thomas Murto and former county commissioner Martin McCloskey.

According to Wendy Hudson, chief deputy clerk for Elkhart County, Schwartz filed paperwork correctly with Elkhart County, however a mix-up down at the state resulted in her not filing her papers properly with the Indiana Election Commission in time for the filing deadline.

“She had to file a statement of economic interest with the State Court Administration, and she had to file her declaration with the Election Commission,” Hudson said. “She filed them both on time, but she didn’t send a copy of her statement of economic interest with her declaration to the Election Commission.

“She only sent it to the State Court Administration, and apparently it had to be filed at both places, so although she got it in on time, they are trying to decide whether or not to accept it,” she said.

Schwartz is not giving up on her chance to run, however, and plans to appeal to general council at the Election Commission in Indianapolis in order to get herself on the ballot.

“I will be down in Indianapolis next Wednesday to talk to them. They have their meeting on (Wednesday),” Schwartz said. “They have an agenda, and I have sent down a request to be put on the agenda.

“I certainly want to use every option I have to get on the ballot. I think that’s important,” she said.



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