Judge denies appeal, LaPorte commissioner won't be on primary ballot
LAPORTE — A LaPorte County Commissioner will not appeal a second time to try to get his name back on the May 7 primary ballot, abandoning his hopes of re-election.
LaPorte Circuit Court Judge Tom Alevizos on Thursday upheld the Feb. 23 decision by the LaPorte County Election Board to remove Rich Mrozinski from the ballot for mistakes on his candidacy filing documents.
Mrozinski, a Republican, failed to place his initials on three spots of the paperwork and took his appeal before the judge to have the election board decision overturned.
On Monday, his attorney, Alan Sirinek, said any request for an appeal before a higher court would require an expedited decision because the printing of primary ballots will begin soon.
“Regardless, Commissioner Mrozinski is not interested in pursuing this any further,” he said.
Attorney Chris Willoughby, representing the election board, argued county election boards are required by state law to remove a candidate from the ballot when mistakes are found on their filing documents.
Willoughby also argued the placement of initials is clearly outlined under state law as “a must.”
“There's no ambiguity to it," he said. "It's clear. They were required to deny that filing.”
Sirinek argued the intent of the Indiana legislature, historically, has been for state election law to be viewed broadly to keep things like technicalities from keeping people who want to run off the ballot.
He said Mrozinski, basically, met the only requirement by voting as a Republican in the two previous Republican primaries.
Sirinek said not properly initializing the documents was a minor, easy to correct mistake that fits within the parameters of what's supposed to be a loose interpretation of the election law.
“The intention of the legislature is clear. We don't want to disenfranchise voters,” he said.
Alevizos, though, said the state law's use of the word "must" on properly filling out candidacy documents is not optional.
He also pointed out the mistakes were not corrected before the Feb. 16 deadline to file candidacy papers.
He told Sirinek the burden of proof was on him to present a strong enough case to overturn the election board decision. “Your burden is pretty high. I don't think you've met it,” Alevizos said.
Alevizos did overturn the election board on the other reason it cited for removing Mrozinski from the ballot.
The election board also said it had disqualified Mrozinski for not being in good standing with the party.
The LaPorte County Republican Party Central Committee voted unanimously in September of 2022 to remove Mrozinski as an official party member following disputes with other Republicans and going back on his promise not to hire Shaw Friedman as county government attorney.
Sirinek said political parties have authority to discipline members from within their own ranks but no right to keep someone running as a member of the same party from seeking an elected office.
Alevizos agreed, saying “I think we've come a lot way from smoke-filled rooms of party decision-makers.”
LaPorte County Republican Party Chairman Allen Stevens, who sought to have Mrozinski removed from the ballot, said he was pleased with the judge's ruling.
“I'm happy justice was served,” he said.
Mrozinski still has the option of running in the November general election against the May 7 primary winners from the Republican and Democratic parties, said LaPorte County Clerk Heather Stevens, but only as a Libertarian, independent or write-in candidate.