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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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