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Court issues judgment in absentee ballot case

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The Marion Circuit Court has outlined the required procedures for dealing with the county's absentee ballots following a suit that accused the Marion County Election Board of not following statute.

Raymond J. Schoettle, Erica Pugh, and the Marion County Republican Party filed the complaint Oct. 31, 2008, alleging the Marion County Election Board stopped following statutes regarding absentee ballots - whether done in person or by mail - after the special election in March 2008 to elect the replacement for Congresswoman Julia Carson, who died in December 2007.

Instead of processing the challenged ballots as provisional ballots and keeping them separate, the suit claimed the ballots are immediately put through the machines, creating a risk that fraudulent ballots are being counted. The suit also claimed the election board hasn't issued specific instructions to its precinct election boards regarding challenges to absentee ballots and instructed the precincts to count all absentee ballots.

Marion Circuit Judge Theodore Sosin ordered that the election board treat all challenged mail-in absentee votes as provisional ballots and set them aside for future resolution by the election board. The order also required the board to instruct all inspectors and precinct board members to follow the procedures outlined in the Indiana Election Day Handbook.

The Indiana Court of Appeals dissolved the preliminary injunction with a 2-1 vote, but on the same day the Indiana Supreme Court reinstated Judge Sosin's original order. In March, the high court remanded the case.

The parties in Raymond J. Schoettle, et al. v. Marion County Election Board, No. 49C01-0810-PL-049131, reached a settlement in late November and Circuit Judge Louis Rosenberg issued a seven-page consent judgment Monday. That judgment binds the parties and the Marion County Democratic Party, which intervened after the case was filed.

"The record in this case demonstrates that voters and election workers are often confused about the requirements and procedures involved in absentee ballot voting and challenging," wrote Judge Rosenberg before laying out what procedures workers and challengers must follow regarding absentee voting.

The judgment includes:

- The chairs of each major political party in Marion County shall be allowed to appoint an equal number of absentee ballot clerks to review all absentee ballot applications and envelopes received by mail prior to their delivery for counting on Election Day.

- The election board maintains the power to determine whether an absentee ballot envelope signature is genuine and the precinct board will rule on the validity of any dispute regarding if a signature is genuine.

- The election board will maintain and provide to the major political parties a list of all absentee ballots for which notations are made to the precinct board.

- If a proper challenge is made, the absentee ballot may be put in the ballot box only if the absentee voter's application is properly executed to be considered an affidavit. Otherwise, a proper challenge shall be treated as a provisional ballot and returned to the election board for further disposition under election law and the consent judgment.

The consent judgment also states that placement of a name on a home foreclosure list or a voter getting an eviction notice isn't a sufficient basis for a challenge. The election board is also required to give to challengers and precinct board members written instructions before any election.

The consent judgment applies only to absentee balloting and does not affect in-person, non-absentee voting.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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