Mike Wolanin | The Republic Columbus City Council District 6 candidate Joseph Jay Foyst, from left, his attorney George “Jay” Hoffman III, attorney Peter King, representing the Bartholomew County Election Board, and attorney Ross Thomas take part in a pretrial hearing for Ross Thomas’ lawsuit against Joseph Jay Foyst and the Bartholomew County Election Board at the Bartholomew County Courthouse in Columbus, Ind., Monday, Oct. 16, 2023.
INDIANAPOLIS — An Indiana appeals court has ruled that Columbus City Council member Joseph “Jay” Foyst was never a valid candidate and directed a lower court to declare his opponent in the 2023 municipal election as the winner of the District 6 seat.
The panel of judges on Tuesday unanimously overturned the Jan. 17 decision by Special Judge K. Mark Loyd, who ruled that an additional Republican caucus in which Foyst was elected to fill a vacancy for the party’s nomination for Columbus City Council District 6 met requirements under state law.
The appellate panel ruled “Foyst’s candidacy never existed in the eyes of the law” because a notification of a Republican caucus in which he was selected as the party’ nominee for the 2023 municipal election and the certificate of candidate selection were not timely filed, the decision states.
Foyst
As a result, Foyst was not eligible to be placed on the ballot during a second party caucus held after his candidacy was successfully challenged last year.
“Accordingly, we reverse and remand with instructions to declare (Bryan) Muñoz the winner of the 2023 general election for the District 6 seat on the Columbus City Council,” the judges state in their decision.
Munoz
Barring a successful appeal to the Indiana Supreme Court, the decision would give the Democrats a 5-4 majority on the Columbus City Council.
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