« Ind. Law - No satellite voting in Allen County | Main | Ind. Decisions - Court of Appeals issues 8 today (and 26 NFP) »

Friday, October 31, 2008

Ind. Courts - More on: "Marion Co. GOP seeks ballot scrutiny"; NAACP foreclosure suit

Updating this ILB entry from yesterday, Jon Murray of the Indianapolis Star reports today in a story that begins:

Marion County election officials said Thursday that a Republican Party lawsuit seeking more scrutiny of absentee ballots was overblown and based on a misunderstanding of early-voting procedures.

Marion Circuit Judge Theodore Sosin will hear both sides today in the dispute, which is based on potential challenges of ballots cast early, either by mail or in person. County GOP Chairman Tom John said the party took action over concerns that improper absentee ballots would be counted as valid by poll workers Tuesday even if they lack the voter's signature or have other defects.

The lawsuit comes in the pressure cooker of an election that has drawn record early voting, a point not lost on Marion County Democrats.

Democratic Party Chairman Ed Treacy said the suit was meant to make way for mass challenges of such ballots on Election Day.

"Ed, you know that's not true," said John, who was standing nearby in Sosin's courtroom Thursday. "All we want to do is have the law followed."

Under Indiana law, a challenge to any voter's residency or eligibility could result in the ballot being set aside as a provisional ballot. Such ballots aren't counted until eligibility is verified after the election.

Kevin O'Neal of the Star reports today under the headline "NAACP suit filed to protect voters" in a story that begins:
A lawsuit filed by the Indianapolis chapter of the NAACP, which aims to protect voters from being turned away at the polls if their homes have been foreclosed, could be settled this morning.

Negotiations were under way Thursday to reach an agreement on a potential court order that would keep anyone from using Marion County foreclosure lists as the sole basis of a voter challenge, according to the county Republican chairman.

"A foreclosure never could have been an adequate basis for a challenge on its own," said Tom John, chairman of the Marion County Republican Central Committee.

A newspaper story that quoted the chairman saying foreclosure challenges were possible was mentioned at the beginning of the National Association for the Advancement of Colored People's court filing. But the lawsuit names only the Marion County Election Board, a bipartisan body, as the defendant. The plaintiffs are an Indianapolis couple who lost their home to foreclosure.

Posted by Marcia Oddi on October 31, 2008 09:47 AM
Posted to Indiana Courts