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High court grants order in election case

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The Indiana Supreme Court issued an order today granting the Marion County Election Board's corrected motion to remand a case pursuant to Appellate Rule 37. On Oct. 31, 2008, Marion Circuit Court entered an order granting an injunction and declaratory relief in Marion County Election Board v. Raymond J. Schoettle, et al., No. 49S00-0811-CV-586, to which the Supreme Court granted transfer Nov. 3, 2008.

The case stems from a challenge to absentee ballots in Marion County after a circuit judge ordered the election board to treat all challenged mail-in absentee votes as provisional ballots and set them aside for future resolution by the board. The justices upheld the Marion Circuit judge's original order.

After the high court granted the election board a brief stay of the appeal, the board filed the corrected motion to remand. Both parties also filed a joint stipulation and request for relief regarding remand of all parties, asking the court to remand the case to the trial court but retain jurisdiction to any subsequent appeal.

The high court remanded the case without prejudice and retains jurisdiction to any subsequent appeal of a final judgment.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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