Indiana Republican, Expelled by his Party and Therefore Barred from the Primary Ballot, Files Brief in Seventh Circuit

On November 10, 2021, Joseph Hero filed this interesting brief in the Seventh Circuit in his lawsuit against the Lake County, Indiana Election Board. He is represented by the ACLU of Indiana. He was not permitted to file in the Republican primary for local partisan office in 2019 because the party had “banned” him from the Republican Party, because he had supported two independent candidates for local office.

Hero lost in the U.S. District Court because that Court said he lacks standing. In the Seventh Circuit, the case is Hero v Lake Co. Election Board, 21-2793. Hero’s brief, in its Appendix, has the U.S. District Court opinion.


Indiana Republican, Expelled by his Party and Therefore Barred from the Primary Ballot, Files Brief in Seventh Circuit — 15 Comments

  1. If those independents had Republican opponents, he fails the test to be a Republican in Good Standing via Rule 1-25 of the Indiana GOP bylaws, therefore is not a Qualified Primary Republican via Rule 1-24, and therefore cannot be a Bona Fide Candidate via Rule 1-12.

    The only arbitrary bit is the 10-year ban, but if he votes in the most recent Republican primary he’s considered a Qualified Primary Republican. If he did not, he has to ask the County Party Chair for a waiver. So if he voted in the 2020 Republican primary in Lake County, he should have sufficient status to at least file unless he’s going out and continuing to support candidates running against Republicans.

    In 2020 in the county that has Fort Wayne for the State Convention, one State Convention Delegate was challenged and subsequently removed from being a Delegate because he said on social media to vote for the Democrat for City Council against this one Republican he did not care for, who happened to be the person that challenged him. Challenge was upheld for failing the test above of not being a Republican in Good Standing.

  2. Nominations by PUBLIC Electors for PUBLIC offices at PUBLIC ELECTIONS.





  3. It seems to me that the party is within its rights. He should take the opportunity and run as an independent, instead.

  4. If he loses, he might just establish a useful precedent affirming a political party’s associational rights.

  5. He endorsed independent candidates because the independent candidates opposed the town’s use of eminent domain to seize homes, to tear them down and build a private shopping center. He was a more consistent conservative than the Republican nominees, who supported that use of eminent domain. This is all in his brief.

  6. That’s not relevant information according to party bylaws. He endorsed opponents to individuals that were nominated by the Republican Party either in a primary or by caucus to fill a vacancy.

  7. Richard, it doesn’t matter WHY he supported independent candidates. Walter’s right, as I see it, as is Ryan.

  8. Well, if anyone doesn’t like the decision that the Republican Party made, then don’t vote Republican. Simple as that.

  9. We don’t have access to the relevant Republican party bylaws/rules. But since the Republicans and Democrats have insinuated themselves as quasi-governmental agencies with access to tax money to conduct their affairs they have forfeited their rights of association and must tote the line drawn by the courts until they return to an all private association. Let them suck up in court.

  10. Reposting from the New Hampshire Post on Ms Jarvis’ Statement.. Still Relevant here..

    Wow, that devolved quickly, glad I missed out on the major infighting. Understanding that there are many different factions within the Party, I am in support of the Bylaws, and adhering to them to resolve the issues. We can sit here and infight about some rather ridiculous arguments, or we could actually pose a threat to the Duopoly. Personally, I’m in favor of the latter, and adhering to the bylaws maintains consistency and Garnishes it’s own respect from those who are looking for a Party of Principal. While I would have to agree that both Left and Right wing philosophical stances should be abandoned altogether. While we’re at it, maybe it would help to understand what being a Libertarian is, by understanding what Authoritarian is? For those of us who don’t already understand the difference, there is a difference between Communism and Socialism. While I believe the sentiment expressed is directed at Socialists (Authoritarian), the comments themselves refer to Commies, whereby Communism is a form of Libertarianism, and Socialism is Not, both being a form of Collectivism, as Opposed to Capitalism. The argument of Collectivism vs Capitalism is a Local Issue, and has no bearing upon a Libertarian Nation State. The Goal here being to Unite People together to Oppose the Duopoly on their Authoritarian Agendas, not Segregate ourselves into further Factions of what it specifically means to be a Libertarian.. Do you think the Government is imposing itself upon your life, and would like Government to stop Abusing it’s Authority? Then you’re an Anti-Authoritarian, I mean Libertarian. If we cannot get it together here, what do you think a National Debate would do? History is full dead Scientists, they were right, and they were killed for it. Libertarian is about limiting Government, that’s the only thing we HAVE TO get Right, Ostracizing other Libertarians for not agreeing with your values, is against the Libertarian Core Values. We Protect the Right of others to have opinions that are different than ours. In many instances, these difference of opinion are a moot point that doesn’t really amount to much if the Goal is to Eliminate the Overreach of the Federal/State Governments, and should be left to Local Representation to solve Independently. If the Commies want to have their Commune, we protect that too. What we do Not Support is the Authoritarian Impositions of those who are Socialist, or any other Authoritarian Impositions, Left or Right. We are Not Alt-Left, nor Alt-Right, we are Pro-Liberty. If we ever hope to win more than 2% of the vote, we should learn more tolerance for others. That doesn’t mean conceding your values, but does mean that we can agree to disagree. Now, just like I’ve told other Libertarians, as a FB Moderator for several LP Groups, Attack the Argument, Not the Person. When you attack the Person instead of the Argument, it makes your Argument appear less Valid to others, and actually reinforces that the Attacked Person has a better Argument. Whether or not the EC is an invasion, they followed the rules and worked the system from the inside. Throwing a Tantrum and Changing Bylaws without Committee approval, validates the claim that they do not belong in Leadership Positions.

  11. The question for the Republican Party is who is or isn’t a loyal party member, not who is the most conservative. They acted consistently with their objective.

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