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Thursday, October 23, 2008

Ind. Decisions - Curley Plaintiffs petition for immediate consideration by Supreme Court [Updated]

Here is the Verified Motion to Acknowledge Jursidiction and Establish Expedited Briefing Schedule in the case of Curley v. Lake County Election Board, filed late this afternoon with the Supreme Court:

Plaintiffs and Appellants, John B. Curley, as Chairman of the Lake County, Indiana, Republican Central Committee, and as a registered voter ("Curley") and Jim B. Brown, as a member of the Lake County Board of Elections and Registration and as a registered voter ("Brown") (collectively "the Curley Plaintiffs"), by. counsel, pursuant to IND. APPELLATE RULES 4(A)(l)(b) and 56(A), respectfully request that this Court affirm its exclusive and mandatory direct appellate jurisdiction over this case, or alternatively, grant immediate transfer because this appeal raises a substantial question of law of great public importance and an emergency exists requiring a speedy determination. Additionally, the Curley Plaintiffs request an expedited briefing schedule and expedited consideration so that this absentee voting controvcrsy can be finally resolved before the general election on November 4, 2008. In support hereof, the Curley Plaintiffs state as follows * * *
Because the filing is a 38-page scanned document, and thus very large, I have separated out the 8-page Petition from the other 30-pages.

Here is the NWI Times' Bill Dolan's breaking news report from earlier this afternoon. It begins:

INDIANAPOLIS | The Lake County Republican party is back before the Indiana Supreme Court in its fight to close early voting centers in Gary, Hammond and East Chicago.

Tim Sendak, one of the party's attorneys, said Republicans filed the appeal late Thursday morning in Lake County and in Indianapolis, with a plea for an emergency hearing on a motion to close in-person voting in the county clerk's branch offices in counties three Democratic strongholds. Sendak said no hearing date had been set as of 1:30 p.m. Thursday.

Note the file stamp appears to read 3:50 PM, Oct. 23.

[Updated 10/24/08] Stories today here in the Gary Post-Tribune, and here via the AP.

Posted by Marcia Oddi on October 23, 2008 04:32 PM
Posted to Indiana Decisions