of the Constitution and Title 3 Art 10 Ch 4 Sec 4 of the Indiana Code magically don't apply
See:
http://www.usconstitution.net/const.html#A2Sec1http://www.in.gov/legislative/ic/code/title3/ar10/ch4.htmBut it probably means the rightwing has decided that filing BS lawsuits, guaranteed to get booted, is a great way to keep the crazy wingnut base worked up. And yes, the case apparently is just as demented as the reporting suggests:
Steve Ankeny and Bill Kruse, Plaintiffs
vs.
GOVERNOR OF THE STATE OF INDIANA, Democratic National Committee, Barack Obama, Republican National Committee, John McCain, Defendants
Plaintiffs .. bring this action to permanently enjoin the Governor .. (1) from issuing a “Certificate of Ascertainment” .. to Congress .. containing any popular votes for Barack Obama and Joe Biden for the appointment as Chief Electors, or (2) from issuing a “Certificate of Ascertainment” .. to Congress of the United States containing any popular votes for John McCain and Sarah Palin for the appointment of Electors; and (3) declaring void and in violation of Article II, Section 1, Clause 2, any vote .. involving the appointment of Electors .. because Barack Obama was a sitting Senator and not eligible to appear on the ballot for the appointment of Electors ... and (4) declaring void and in violation of Article II Section 1, Clause 2, any vote cast .. involving the appointment of Electors .. because John McCain was a sitting Senator and not eligible to appear on the ballot for the appointment of Electors ... (5) and issuing an order directing the Governor .. that neither Barack Obama nor John McCain are or were eligible to be appointed to the office of Elector, because they both held the Office of United States Senator at the time of the Title 3, United States Code, § 1 appointment of Electors held on November 4, 2008, and thus neither of them are or were eligible to be appointed on November 4, 2008, to the office of Elector ...
<pdf link, from wingnut site:>
http://therightsideoflife.com/wp-content/uploads/2009/01/ELECTORCOMPLAINT_Indiana.pdf