Dave Stafford for www.theindianalawyer.com

A proposed class-action lawsuit naming state election officials and the clerk of Jefferson County argues a 1995 state law preventing people committed to a state hospital from voting in local elections is unconstitutional.

Indiana Protection and Advocacy Services Commission Thursday sued on behalf of Patricia Featherston, who is committed to Madison State Hospital as a mentally ill person. The case was filed by the American Civil Liberties Union of Indiana.

The suit challenges Indiana Code 3-5-5-17, which provides that someone judged mentally ill and committed to an institution “does not gain residency in the precinct in which the institution is located.” It notes people living in veterans homes and on college campuses, for instance, can vote in local elections where those institutions are located.

The lawsuit notes that Featherston has nowhere else in Indiana where she can legally vote.

The suit seeks an injunction against enforcement of the statute it claims is discriminatory and a declaration the statute is unconstitutional, violating the equal protection clause of the 14th Amendment. The suit also claims the statute violates the Americans with Disabilities Act and the Rehabilitation Act of 1973.

Proposed in the litigation is a class of adults who aren’t able to vote or won’t be able to vote in the precinct where the institution they are committed to is located. The subclass is defined as class members who reside or will reside at Madison State Hospital.

At least 21 Madison State Hospital residents voted in a recent election in their local precinct but won’t be able to vote in future elections because of enforcement of the statute, the suit says. It alleges Jefferson County Clerk Karen Mannix indicated the Indiana Secretary of State’s office informed her that the law bars people housed at Madison from voting locally. The suit says the local clerk’s office then notified staff at Madison that patients would have to register to vote elsewhere.

In addition to Madison, there are four other institutions housing people committed due to mental illness: Evansville State Hospital, Larue Carter State Hospital in Indianapolis, Logansport State Hospital, and Richmond State Hospital. The facilities have a capacity of 850 people and currently house 647, the suit says, most of who have been committed for more than a year.

The suit filed in the New Albany Division of the U.S. Court for the Southern District of Indiana is Indiana Protection and Advocacy Services Commission, Patricia Featherston, et al., v. Indiana Secretary of State, et al., 4:16-cv-29.

Indianapolis – Governor Mike Pence today named Rick Hite Executive Director of the Indiana Civil Rights Commission (ICRC), effective Monday, February 29. Hite fills the position formerly held by Jamal Smith, who announced in November 2015 that he would resign in January to lead Indianapolis Public Schools athletics.

“Rick Hite is a man of integrity and a dedicated public servant, and I am proud to announce that he will serve an integral part of my administration as Executive Director of the Indiana Civil Rights Commission,” said Governor Pence. “Rick’s proven track record of upholding the law and building consensus will serve Hoosiers well, and I’m honored to welcome him as a member of my Cabinet.”

Hite most recently served as Chief of the Indianapolis Metropolitan Police Department (IMPD), after he was appointed by Mayor Greg Ballard, and previously worked as Deputy Director of Public Safety. Before moving to Indianapolis from Baltimore, Maryland, Hite served 32 years with the Baltimore City Police Department.  He held all ranks from Police Cadet to Lt. Colonel and worked in a variety of assignments from patrol, special operations, Joint Federal Task Force, Mayor’s Office, and Governor’s Office.  He oversaw gang intervention, re-entry and community/witness relocation and intimidation activities. Hite is a native of Gary, Indiana.

Hite has served on the board of directors of the Department of Justice Advisory Committee, the International Association of Chiefs of Police, the National Governors’ Security Association, the Major Cities Chiefs Association, the Family League of Baltimore and the Johns Hopkins Urban Health Institute. Hite holds professional development certifications from the FBI National Executive Institute, the Department of Homeland Security’s Federal Law Enforcement Training Centers, Yale University, Johns Hopkins Bloomberg School of Public Health, the Maryland Crime Prevention Institute and Maryland State Police.

The ICRC enforces the Indiana civil rights laws and investigates complaints of discrimination and educates organizations, companies, landlords, associations, and individuals on their rights and responsibilities under Indiana Civil Rights Laws. As of July 2012, the state of Indiana’s five cultural commissions are now located within the Indiana Civil Rights Commission. These include the Dr. Martin Luther King, Jr. Indiana Holiday Commission, the Indiana Commission for Hispanic/Latino Affairs, the Indiana Commission for Women, the Indiana Commission for the Social Status of Black Males, and the Indiana Native American/Indian Affairs Commission.

A photo of Hite and Governor Pence can be found attached.