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GOP Still Fighting

May 21, 1985

EVANSVILLE, Ind. (AP) _ GOP lawyers say they are preparing a new round of legal challenges to the House decision to seat Rep. Frank McCloskey over the state-certified winner, a Republican, in the 8th District race.

A lawyer for Rick McIntyre, the defeated candidate, said Republicans will file a petition under the federal Contested Elections Act, and a class-action lawsuit.

The suit is on behalf of 32 voters whose non-notarized absentee ballots were not included in a federal recount that found McCloskey, a Democrat from Bloomington, the winner by four votes, said McIntyre attorney Ted Lockyear.

A survey of those 32 voters by the Evansville Courier found McIntyre would have picked up enough votes to win had they been counted, the newspaper reported.

In Washington on Monday, the state amended its complaint before the U.S. Supreme Court to reflect developments in the 8th District case since March.

Attorney General Linley E. Pearson, a Republican, contends that the recount performed by a Democratic-controlled committee ignored state law and violated the U.S. Constitution.

The U.S. Justice Department has asked the justices to dismiss Indiana’s case on grounds that it presents a political question best not adjudicated by courts.

Meanwhile, McCloskey said he will move this summer to Gibson County to save commuting time to Washington, flying out of Evansville airport instead of Indianapolis International.

″We figure we could save 200 hours a year on the road, which would leave more time for government politics,″ he said.

″It would also move him closer to his base of support in the district, which is in the south,″ said McCloskey press aide Ron Critchlow.

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