« Courts - "Supreme Court Hears Case Involving Drug Labels" [Updated] | Main | Courts - "Juror in Stevens Case: My Father is not Dead" »

Monday, November 03, 2008

Ind. Courts - Still more on Marion County early voting case

Updating this ILB entry last updated late this morning, Jon Murray has posted on the Indianapolis Star site a good overview of what is going on, that begins:

The Indiana Court of Appeals or the state Supreme Court are likely to weigh in today on a Marion County judge's ruling directing poll workers on Election Day to set aside any challenged absentee ballots.
More from the story:
In an order issued Friday evening, Circuit Judge Theodore Sosin agreed with the Marion County GOP in ruling against the Marion County Election Board, led by Democratic Clerk Beth White. The Republicans argued that any absentee ballot that is challenged based on the voter's eligibility in that precinct should be considered along with provisional ballots later in the week -- and not reflected in Tuesday's vote totals.

Such ballots instead would be examined by bipartisan teams later in the week and then have their votes added to election results.

The Election Board, however, is seeking to have challenged absentee ballots fed through counting machines at the polls as long as a majority among the precinct inspector and partisan judges agree the challenge is without merit.

Each side has disputed the other's reading of Indiana law.

The Court of Appeals accepted the Election Board's appeal just before midnight Friday, and both sides filed briefs arguing their cases this morning. The Election Board is seeking an emergency stay of Sosin's order, which would keep it from taking effect.

Also today, the county GOP asked the Indiana Supreme Court to take the case on an emergency basis because time is running out.

All the documents are available via the earlier ILB postings.

Posted by Marcia Oddi on November 3, 2008 02:20 PM
Posted to Indiana Courts