May 17, 2024- Election Recount Request filed by Mike Lawrence for the Commissioner D-1 Election with Jim Thatcher. The total number of votes separating the 2 candidates was 28, qualifying for a cash deposit fee of $10 per precinct.
May 23, 2024 ORDER APPROVING CASH DEPOSIT FOR PAYMENT OF COSTS OF RECOUNT .
"Comes now the Court pursuant to IC 3-12-6-10 and approves the filing of a cash deposit by Petitioner in the amount of four hundred and fifty dollars ($450) for the payment of all cost of the recount. SO ORDERED 5/23/2024
Honorable F Aaron Negangard
Judge 7th Judicial Court
cc All parties"
May 30, 2024 Zachary F Stewart filed paperwork to represent Jim Thatcher in the Court.
May 31, 2024 COURT HEARING FOR RECOUNT @ 9AM Rescheduled as a ZOOM Hearing and not an in- person hearing.
Jim Thatcher was represented by 3 attorneys in the Zoom hearing. Larry O. Wilder 530 East Court Ave Jeffersonville IN 47130, Zachary F. Stewart same address and Sunnye Bush-Sawtelle.
Larry O Wilder filed papers to represent Jim Thatcher and to Motion for Appointment of a Recount Commission which were postmarked May 31, 2024 per the petition and sent to William (Mike) Lawrence.
Larry O Wilder, representing Jim Thatcher also Filed a Motion to Dismiss Verified Petition for Recount For Lack of Subject -Matter Jurisdiction stating in the motion:
1. On May 17, 2024, the Petitioner filed a Verified Petition for Recount of the Dearborn County Commissioner District 1 Republican Primary held on May 7, 2024.
2. On May 23, 2024, the Court entered an Order Approving Cash Deposits for Payment of Costs of Recount in the amount of Four Hundred and 00/100 Dollars ( $450.00)
3. As of May 28,2024, the Petitioner had not complied with the applicable provision of IC 3-12-6-10, namely the Petitioner has failed to "either furnish a cash deposit or file a corporate surety"for the costs of the recount.The Indiana Code uses mandatory language when describing the procedures for furnishing a bond, the furnishing of a bond is a necessary prerequisite to a timely filed petition.
4. Due to Petitioner's failure to follow the applicable statutory provisions for a timely recount, the Court lacks subject-matter jurisdiction over the issues raised in the Petition. Therefore the Verified Petition should be dismissed for lack of subject-matter jurisdiction.
WHEREFORE, the Respondent requests the Court to grant the Motion to Dismiss Verified Petition for Recount, and for all other relief the Court deems appropriate.
This motion was served by mail prepaid postage on May 31,2024 per the Petition.
At the Zoom Hearing on May 31, 2024 Mike Lawrence was given an extension as he had not been served with any of the above papers filed on Jim Thatcher's behalf by his attorney(s). They had not sent any emails either. Mike Lawrence later sent pictures of his inbox and spam folder as verification of not being notified via email.
Mike Lawrence had not been notified of the May 23, 2024 approval of the cash bond. He paid the $450 cash bond that same day (May 31, 2024)
At the end of the Zoom hearing- A hearing was set up for:
Monday, June 10, 2024 at 3 PM in the Circuit Court
and the date for the Recount Hearing was set for:
June 26, 2024 at 1:30 PM
*Summary based on copies of the court papers filed and information from Mike Lawrence
Christine Brauer Mueller
Lawrenceburg Township
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