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High court grants order in election case

March 5, 2009

The Indiana Supreme Court issued an order today granting the Marion County Election Board's corrected motion to remand a case pursuant to Appellate Rule 37. On Oct. 31, 2008, Marion Circuit Court entered an order granting an injunction and declaratory relief in Marion County Election Board v. Raymond J. Schoettle, et al., No. 49S00-0811-CV-586, to which the Supreme Court granted transfer Nov. 3, 2008.

The case stems from a challenge to absentee ballots in Marion County after a circuit judge ordered the election board to treat all challenged mail-in absentee votes as provisional ballots and set them aside for future resolution by the board. The justices upheld the Marion Circuit judge's original order.

After the high court granted the election board a brief stay of the appeal, the board filed the corrected motion to remand. Both parties also filed a joint stipulation and request for relief regarding remand of all parties, asking the court to remand the case to the trial court but retain jurisdiction to any subsequent appeal.

The high court remanded the case without prejudice and retains jurisdiction to any subsequent appeal of a final judgment.

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