Mason v. Gohmann

498 N.E.2d 1344, 1986 Ind. App. LEXIS 3088
CourtIndiana Court of Appeals
DecidedOctober 31, 1986
Docket49A02-8610-CV-370
StatusPublished
Cited by3 cases

This text of 498 N.E.2d 1344 (Mason v. Gohmann) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mason v. Gohmann, 498 N.E.2d 1344, 1986 Ind. App. LEXIS 3088 (Ind. Ct. App. 1986).

Opinion

SHIELDS, Judge.

L.

ISSUE

The sole issue on appeal is whether the trial court's determination Stephen Goldsmith is a registered voter and thus qualified as a candidate for the office of Proge-cuting Attorney for the Nineteenth Judicial Circuit is contrary to law. Mason unsue cessfully challenged Goldsmith's registration in a declaratory judgment action on the ground Stephen Goldsmith is not duly registered under his proper name. We affirm.

IIL.

LAW

A.

Standard of Review

The trial court entered its special findings and conclusions 1 pursuant to request and as provided in Indiana Rule of Trial Procedure 52. Accordingly, to affirm, the specific findings must support the trial court's decision. Orkin Exterminating Co., Inc. v. Walters (1984), Ind.App., 466 N.E.2d 55. Further, in reviewing the validity of the trial court's special findings, as an appellate court we neither weigh the evidence nor determine the credibility of witnesses. If the record discloses either facts or reasonable inferences to support the trial court's findings, the findings are not clearly erroneous and will not be disturbed on appeal. Smith v. Union State Bank (1983), Ind.App., 452 N.E.2d 1059. Finally, we are concerned with a negative judgment which can only be challenged as contrary to law. Sherk v. Indiana Waste Systems, Inc. (1986), Ind.App., 495 N.E.2d 815. When a judgment is attacked as contrary to law, it will be set aside only when the evidence is without conflict and can lead to but one result and the trial court has reached an opposite conclusion. Chico Corp. v. Delaware-Muncie Board of Zoning Appeals (1984), Ind.App., 466 N.E.2d 472.

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Registration 2

Ind.Code § 3-8-1-1 (1986 Supp.) provides "[a) person is not qualified to run for ... a state office ... unless the person is registered to vote in the election district the person seeks to represent...." A person registers to vote by appearing in person before a voter registration officer and signing an affidavit of registration. Ind.Code §§ 3-7-3-22, 28 (1986 Supp.). The original affidavits or forms of registration become "the official registration books," Ind.Code § 3-T-T-7 (1986 Supp.), which constitute the permanent registration record of all voters residing in and entitled to vote in the precinet. Ind.Code § 3-7-3-1 (1986 Supp.) A person whose name appears in the registration books of the precinet of which he is a legal resident is entitled to vote if he is otherwise qualified,. Ind.Code § 3-7-8-6 {1986 Supp.)

*1346 C.

Transfer 3

Ind.Code § 3-7-8-1 (1986 Supp.) requires a voter, upon a change of residence, to transfer his voter's registration to the new address.

II.

FACTS

The trial court found Stephen Goldsmith registered as a voter of Marion County, Indiana in August of 1968 by signing the affidavit included upon the registration form as Stephen Goldsmith. Then, in September of 1982, Stephen Goldsmith signed the affidavit included upon another registration form then used by the registration board to change the address of a previously registered voter. Goldsmith also signed this affidavit as Stephen Goldsmith. These findings are not disputed by Mr. Mason.

The trial court further found at the time Goldsmith signed his name to the affidavit, the transfer form contained no personalized identification. It was, however, stamped "Used for Change of Name or Transfer" with the words "Change of Name" crossed through and "Ch of A" written above. The trial court found "Ch of A" described "Change of Address." These findings are supported by the evidence. Goldsmith testified the transfer form was blank when he signed it. In addition, the birthdate entered on the form is incorrect. Further, although Goldsmith testified he did not know the precinct designation of his new residence at the time he executed the transfer form, that designation appears on the form.

Finally, the trial court found a registration board employee typed "as per aff on file name changed to LS. GOLDSMYTH 1/7/88" and affixed a tape stating "GOLDSMYTH, LS." to the lower right hand corner of the original registration form signed by Goldsmith in 1968. This finding is also supported by the evidence and, in addition, is not disputed by Mr. Mason.

IV.

DECISION

The trial court concluded, and we agree, Stephen Goldsmith is registered to vote in Marion County as Stephen Goldsmith. Goldsmith registered under his proper name by signing the appropriate affidavit in 1968. He again signed his proper name in September of 1982 when he executed the affidavit then used to transfer his address. It is the voter's personal or authorized signature upon the initial registration affidavit or any subsequent affidavit which controls the name under which a person is registered to vote. To allow any letters, words or designation, including a name, affixed by any person other than the voter (excepting, of course, in a situation where the voter is unable to affix his own signature) to affect the validity of the voter's registration is to provide a mechanism by which the integrity of the electoral process could easily be impaired.

Stephen Goldsmith signed the original official registration form as Stephen Goldsmith. The affidavit for transfer referenced on the official registration is also executed by Stephen Goldsmith. Consequently, Stephen Goldsmith is registered as a voter of Marion County on the official records as Stephen Goldsmith. Inasmuch as Goldsmith's other qualifications are not the subject of a challenge, we affirm the trial court's determination he is entitled to vote in Marion County, i.e., he is a registered voter of Marion County. In turn, his candidacy for the office of Prosecuting Attorney of Marion County, Indiana, also not challenged on other grounds, is legal.

Judgment affirmed.

BUCHANAN, C.J., and SULLIVAN, J., concur.

*1347 APPENDIX

No. 8186-1848

IN THE MARION SUPERIOR COURT

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Bluebook (online)
498 N.E.2d 1344, 1986 Ind. App. LEXIS 3088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-gohmann-indctapp-1986.