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Friday, October 31, 2008

Ind. Courts - More on: Court of Appeals hears oral argument in the Lake County early voting case

Updating this ILB entry from yesterday, Patrick Guinane reports today in the NWI Times:

Republicans still are seeking to halt early voting in the three Democratic strongholds. Attorneys for the Democratic-controlled Lake County Board of Elections and Registration contend the Republicans haven’t provided a compelling reason to do so.

"There is no harm in valid voters voting, nor is there any evidence of fraud," said Jonathan Weissglass, an attorney representing labor unions and the NAACP, which have intervened in the dispute.

At issue is whether the East Chicago, Gary and Hammond sites are satellite voting centers, which, under state law, can only be opened by a unanimous vote of the county election board. The board last month voted 3-2 along party lines to open the centers.

Democrats argue state law allows them to open early voting centers at both the elections board office in Crown Point and at the circuit clerk’s offices in East Chicago, Gary and Hammond.

Republicans say the law allows only one early center per county. In 90 counties, they contend, that location is the clerk's office, while in Lake and Tippecanoe counties, where the county elections boards have greater authority, the location is the elections board offices.

In addition to requesting an injunction to shutter the three early voting sites, the Republicans have asked the appeals court to rule on the underlying argument regarding what state law allows. They want a precedent set for future elections.

"This issue will keep coming back," Karl Mulvaney, the GOP's attorney, told the court. "We need to make that decision so it doesn't keep happening."

John Byrne's story in the Gary Post-Tribune reports:
In a key reversal, Republicans in Lake County no longer are asking courts to throw out thousands of votes cast at early voting sites in Gary, Hammond and East Chicago.

Arguing before the state Court of Appeals on Thursday, Republican Party attorney Timothy Sendak said the party no longer will seek to have votes already cast at the three sites invalidated -- a possibility GOP attorneys had raised in earlier hearings.

But after Thursday's hearing, Sendak said individual candidates retain the right to challenge votes and demand recounts after the election.

"We don't anticipate any of that," Sendak said. "That's up to the candidates."

However, the ILB did not see Mr. Sendak arguing before the COA - it was GOP attorney Karl Mulvaney who filled the entire 30 minute segment.

WBEZ 91.5 FM, Chicago Public Radio, reported Wednesday:

Long, long lines at four early voting sites in Lake County have made some voters angry.

Four-hour waits have been reported in the county hub in Crown Point, as well as at satellite offices in Gary, Hammond and East Chicago.

That interest had the county’s election board voting to keep all four sites open through Friday.

Voting will also be allowed at the sites Saturday and Sunday and until noon on Monday. The general election is Tuesday, November 4.

But longer hours aren't welcomed by everyone. Two Republican members of the county election board voted against the extention.

BTW, when I click on this story, I also get an ad for Barnes & Thornburg, which is a supporter of the Chicago public radio site. Unfortunately, the ILB has NOT been as successful in having Indianapolis law firms provide needed support to the widely-read ILB.

Posted by Marcia Oddi on October 31, 2008 09:16 AM
Posted to Ind. App.Ct. Decisions