A federal judge in Indianapolis ruled the statute delineating how Marion Superior judges are elected is unconstitutional. The election of Marion Superior judges is unique, as Republican and Democratic parties may nominate up to half of the open positions.

Furthermore, once a judge wins in the primary, he or she will automatically be elected in the general because there are as many candidates as there are open seats. Because primaries are restricted to the two major parties, only those eligible to vote in the primary elections are able to cast meaningful votes for the open judgeships, and those who do not declare a party have no say in the election of the judges.

The court found the statute severely burdens the right to vote. The ruling is stayed and will not affect next month’s election.