Saturday, November 08, 2008

Indiana Election Law Issues for the Future

From The Indiana Lawyer's Courts leave election law questions unanswered:
In the days leading up to an Election Day where thousands of Hoosier voters had already cast ballots before polls even opened, Indiana's appellate judges issued a pair of election law rulings that leave more questions than answers and will likely lead to further review.

That review may evolve into post-election review, as parties get through today's historic presidential election and examine the next legal steps in cases of first impression arising from two of Indiana's most populated counties.

The state's Supreme Court and Court of Appeals issued rulings on Friday and Monday in one or both of these cases - Marion County Election Board v. Raymond J. Schoettle, et al, 49S00-0811-CV-586, that involved the process of reviewing absentee ballot challenges; and John B. Curley, et al. v. Lake County Board of Elections and Registration, et al., 45A03-0810-CV-512, that left early voting locations open.

Both decisions pointed to uncertainties and ambiguity in state statutes on those issues, but the public importance and limited timeframe before the election left the courts with little recour"

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