What about the votes?

October 30, 2008
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The Indiana Court of Appeals is hearing arguments today in the Lake County early-voting satellite locations case, and as of this blog posting, hasn’t ruled on the issue.

It’s up in the air right now how the court may rule, but if it decides the Democrats on the Lake County Board of Elections and Registration opened these satellite sites without statutory authority, what’s going to happen to those early votes?

Will they still count? Will those voters be forced to come in on Election Day, adding to the lines and wait that the establishment of early-voting sites was supposed to ease? Just imagine the headaches a ruling invalidating the votes would create. If the judges do invalidate the votes because the election board didn’t follow statute, let that be a lesson to election boards around the state to always follow the law.

Is it possible for the appellate court to rule that the sites never should have been opened and still allow the votes to count?

And then, to throw another thought into the mix, there’s a good chance one party will appeal whatever the Court of Appeals decides. Can the case make it to the Supreme Court before Election Day? What would happen to those early votes if the Supreme Court decides to invalidate them after the election? The races that are extremely close could be decided by those early votes.

It creates quite a legal pickle, doesn’t it?
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