ILNews

Special judge: Keep early-voting sites open

Back to TopCommentsE-mailPrintBookmark and Share

A special judge has ordered satellite early-voting sites in East Chicago, Gary, and Hammond to remain open over the objections of two Lake County Republicans.

Lake Superior Judge Diane Kavadias Schneider issued the order this afternoon in the consolidated cases of State of Indiana, ex rel. John B. Curley, et al. v. Lake County Board of Elections and Registration, and Hon. Thomas Philpot as Lake County Clerk, et al., No. 45D02-0810-PL-190, and United Steel Workers District 7, et al. v. Lake County Board of Elections and Registration, No. 45C01-0810-PL-256.

Republicans John Curley and Jim Brown challenged the opening of satellite early-voting offices in Lake County, citing potential voter fraud and the election board's lack of a unanimous decision in voting to open the sites. The United Steel Workers District 7 and other plaintiffs brought their suit to keep the locations open.

The Lake County Board of Elections and Registration was split 3-2 down party lines in their vote to open the satellite locations; the Democrats believed their majority vote allowed the locations to operate.

Indiana Code Section 3-11-10-26.3 requires a county election board to unanimously vote to establish satellite offices in the county, and under that statute, the location and operating hours must be included. The election board's order just included the location of the offices, not the hours of operation.

Despite these deficiencies in the Lake County Board of Elections and Registration's establishment of the satellite early-voting sites, Judge Schneider ruled to keep the sites open. She cited caselaw supporting that in the absence of fraud, election statutes are generally liberally construed to guarantee voters the opportunity to vote.

To stop early voting in Lake County on the basis of "an alleged technical irregularity" would contravene the purpose of election laws, wrote the judge, and the failure to establish these satellite early-voting locations could violate the U.S. Constitution by making it more difficult for some people of Lake County to cast their vote early.

Judge Schneider was appointed special judge in this consolidated case by the Indiana Supreme Court Oct. 16 after the parties failed to select a special judge by the prescribed deadline set by the high court.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT