ILNews

COA: Keep early-voting sites open

Back to TopCommentsE-mailPrintBookmark and Share

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.

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT