No. 45S04-0401-CV-14.

816 N.E.2d 1138 (2004)

George PABEY, Appellant/Cross-Appellee (Plaintiff below), v. Robert A. PASTRICK, and the Lake County Board of Elections and Registration, Appellees/Cross-Appellants (Defendants below), Lonnie Randolph, and A. Santos, Appellees (Defendants below).

Supreme Court of Indiana.

Rehearing Denied August 24, 2004.

Attorney(s) appearing for the Case

Bruce A. Kotzan, Indianapolis, IN, Nathaniel Ruff, Merrillville, IN, Carmen Fernandez, Hammond, IN, Attorneys for Appellant/Cross-Appellee (George Pabey).

Steve Carter, Attorney General of Indiana, Gary Damon Secrest, Chief Counsel, Frances Barrow, Doug Webber, U-Jung Choe, Gordon White, Deputy Attorneys General, Attorneys for Amici Curai (Attorney General of Indiana).

George T. Patton Jr., Bryan H. Babb, Theresa M. Ringle, Indianapolis, IN, Attorneys for Appellee/Cross-Appellant (Robert A. Pastrick).

James L. Wieser, Schererville, IN, Attorney for Appellee/Cross-Appellant (Lake County Board of Elections and Registration).

DICKSON, Justice.

Plaintiff/appellant George Pabey is appealing from a judgment denying relief in an election contest. We reverse.

The primary election for the Democratic nomination for the office of mayor of the city of East Chicago, Indiana, took place on May 6, 2003. The candidates were incumbent Robert Pastrick and challengers George Pabey and Lonnie Randolph. The results of that election were:

          Pastrick      4,083

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