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Update: Transfer denied in early-voting case

October 24, 2008

The Indiana Supreme Court has denied a request from two Lake County Republicans to hear an appeal challenging an order to keep early-voting satellite locations open. John B. Curley, chairman of the Lake County, Indiana, Republican Central Committee, and Jim B. Brown, a member of the Lake County Board of Elections and Registration, wanted the Supreme Court to grant immediate transfer to the consolidated case, John B. Curley, et al. v. Lake County Board of Elections and Registration, et al., No. 45D01-0810-PL-82, so it can be resolved before the Nov. 4 election.
The Supreme Court denied the verified motion today, saying the jurisdiction in this appeal lies with the Indiana Court of Appeals.

Special Judge Diane Kavadias Schneider of Lake Superior Court issued an order Oct. 22 to keep the early-voting satellite locations in East Chicago, Gary, and Hammond open. The plaintiffs argued Judge Schneider's decision implicitly determined Indiana statute's requirement of a unanimous election board vote approving satellite offices is unconstitutional and thus unenforceable. They also argue the validity of the order may create a possible subsequent challenge to the validity of the absentee votes cast at the satellite offices.

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