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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. 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

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