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COA: Keep early-voting sites open

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The Indiana Court of Appeals upheld a special judge's ruling to keep early-voting sites open in Lake County, holding that even if election law was violated in establishing the sites, public interest in having the sites would keep them open.

A three-judge appellate panel met an issue of first impression in interpreting Indiana Code Sections 3-11-10-26 and -26.3 in John B. Curley, et al. v. Lake County Board of Elections and Registration, et al., No. 45A03-0810-CV-512. Plaintiffs John Curley and Jim Brown appealed Lake Superior Court Special Judge Diane Kavadias Schneider's ruling to enforce a preliminary injunction keeping open satellite early-voting offices in East Chicago, Gary, and Hammond.

The appellate court focused on two questions of law: whether in-person absentee voting locations at the Circuit Court Clerk's offices are "satellite offices" under I.C. Sections 3-11-10-26 and -26.3; and whether I.C. Section 3-11-10-26(a)(1) requires the election board to hold in-person absentee voting only in the election board's office.

The appellate court held the early-voting locations in the offices of the Circuit Clerk in Gary, Hammond and East Chicago aren't considered satellite offices, so they aren't required to be open by a unanimous vote of the election board, wrote Judge Edward Najam. According to the way the statute is written, a satellite office is any office other than the office of the Circuit Court Clerk or the office of the election board. Since in Lake County, the Circuit Court Clerk has offices in each of the four courthouses, Section 26 provides for absentee voting in all of the offices maintained by the clerk of the Circuit Court, wrote the judge.

The Court of Appeals found some ambiguity between I.C. Section 3-6-5.2-6 and Section 3-11-10-26(a)(1), and wrote they are subject to more than one reasonable and plausible interpretation. The appellate court concluded the election board reasonably interpreted Section 26(a)(1) when it designated the office of the Circuit Court Clerk as a location for in-person absentee voting, wrote Judge Najam.

But even if the plaintiffs could show the election board clearly violated the law, public interest "weighs heavily on the side of" the election board's decision and the preliminary injunction keeping the offices open, wrote the judge, citing Indiana Supreme Court precedent on election law.

The appellate court remanded the case to the trial court. Judge Najam wrote in a footnote that they've declined to order entry of final judgment and believe the course is for the parties to present their arguments to the trial court for it to enter final judgment interpreting the relevant statutes.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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