FORT WAYNE, Ind. (WANE) Democrat Palermo Galindo has officially filed a lawsuit in Allen Circuit Court Tuesday over a county council seat. The suit is in response to the Allen County Election Board’s decision to approve votes for late Republican Roy Buskirk.
Buskirk died a few days before the election. He was up for re-election for the Allen County Council At-Large seat. The day before the election, the Election Board agreed to not remove Buskirk from the ballot because his death was so close to the election.
Galindo, the fourth place finisher, and Allen County Democratic Party chair, Jack Morris, disagreed with the board’s decision. Morris argued that Buskirk wasn’t a valid candidate and votes for him don’t count, according to Indiana law.
Meanwhile, the Republican caucus to select someone to fill Buskirk’s four-year term will be at 6:30 p.m. on December 8 at the Allen County GOP headquarters downtown. A caucus on November 30 will select someone to fill the remainder of Buskirk’s current term.
The Allen County Election Board, Robert Armstrong, Roy Buskirk, Eric Tippmann, Morrison Agen and David Roach are listed as Defendants. Galindo also filed for a change of venue motion in the case.