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Court issues judgment in absentee ballot case

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The Marion Circuit Court has outlined the required procedures for dealing with the county's absentee ballots following a suit that accused the Marion County Election Board of not following statute.

Raymond J. Schoettle, Erica Pugh, and the Marion County Republican Party filed the complaint Oct. 31, 2008, alleging the Marion County Election Board stopped following statutes regarding absentee ballots - whether done in person or by mail - after the special election in March 2008 to elect the replacement for Congresswoman Julia Carson, who died in December 2007.

Instead of processing the challenged ballots as provisional ballots and keeping them separate, the suit claimed the ballots are immediately put through the machines, creating a risk that fraudulent ballots are being counted. The suit also claimed the election board hasn't issued specific instructions to its precinct election boards regarding challenges to absentee ballots and instructed the precincts to count all absentee ballots.

Marion Circuit Judge Theodore Sosin ordered that the election board treat all challenged mail-in absentee votes as provisional ballots and set them aside for future resolution by the election board. The order also required the board to instruct all inspectors and precinct board members to follow the procedures outlined in the Indiana Election Day Handbook.

The Indiana Court of Appeals dissolved the preliminary injunction with a 2-1 vote, but on the same day the Indiana Supreme Court reinstated Judge Sosin's original order. In March, the high court remanded the case.

The parties in Raymond J. Schoettle, et al. v. Marion County Election Board, No. 49C01-0810-PL-049131, reached a settlement in late November and Circuit Judge Louis Rosenberg issued a seven-page consent judgment Monday. That judgment binds the parties and the Marion County Democratic Party, which intervened after the case was filed.

"The record in this case demonstrates that voters and election workers are often confused about the requirements and procedures involved in absentee ballot voting and challenging," wrote Judge Rosenberg before laying out what procedures workers and challengers must follow regarding absentee voting.

The judgment includes:

- The chairs of each major political party in Marion County shall be allowed to appoint an equal number of absentee ballot clerks to review all absentee ballot applications and envelopes received by mail prior to their delivery for counting on Election Day.

- The election board maintains the power to determine whether an absentee ballot envelope signature is genuine and the precinct board will rule on the validity of any dispute regarding if a signature is genuine.

- The election board will maintain and provide to the major political parties a list of all absentee ballots for which notations are made to the precinct board.

- If a proper challenge is made, the absentee ballot may be put in the ballot box only if the absentee voter's application is properly executed to be considered an affidavit. Otherwise, a proper challenge shall be treated as a provisional ballot and returned to the election board for further disposition under election law and the consent judgment.

The consent judgment also states that placement of a name on a home foreclosure list or a voter getting an eviction notice isn't a sufficient basis for a challenge. The election board is also required to give to challengers and precinct board members written instructions before any election.

The consent judgment applies only to absentee balloting and does not affect in-person, non-absentee voting.

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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