ALLEN COUNTY, Ind. (Indiana’s NewsCenter) - Will Tommy Schrader be on the November ballot for a seat on city council?
If it's up to one circuit court judge the election board's decision to remove Schrader from the ballot, after he admitted to moving to Wisconsin, will stand.
The Democratic Party covered all their bases by first going to the election board and then going to court to ensure Shrader is removed from the ballot.
Schrader's lawyer says you must go through the court system in order to remove him.
The judge disagreed and dismissed the case.
The attorney for the Democratic Party, Jack Morris says, “I believe the statutes are clear that the place for this in the circuit court, and I believe there are specific statutes that say the provision for contesting that election are in the circuit court."
Tommy Schrader says, “The Democratic Party doesn't win elections for people that win elections. I won the election, and I'm going on to beat John Crawford so we can have smoking in bars and restaurants again."
In the primary, Schrader won one of Allen County's nominations to the council's 3 at-large seats.
The Democratic Party wants to replace Schrader with 4th place finisher George Guido.
Schrader says he will continue to appeal the decision.
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