As reported in entries earlier this morning (scroll down), Judge Miller's ruling yesterday in the District 46 ballot dispute is being reported as voiding not only votes for the Indiana House on absentee ballots in the affected House District 46, but also votes for all candidates on that ballot.
According to James Bopp, Jr., representing the Indiana Republican State Central Committee:
Some have misinterpreted Judge Miller's order to order that no votes in any race should be counted on previously cast absentee ballots. We believe that this misunderstanding was not intended by Judge Miller and should be dispelled. As a result, we have moved Judge Miller to clarify his order to state that, regarding previously cast absentee ballots (with Jeff Lee's name on them), that only the votes in House District 46 should not be counted. All other votes would be. If a voter wants to vote in House District 46, he or she would be informed that they must cast a replacement ballot to be provided to all absentee voters by the County Election Boards.Here is a link to the motion to make such change in Judge Miller's ruling. The pertinent language:
Plaintiff respectfully suggests that the following language would make the intent of paragraph 3 more clear so that it will not be misinterpreted:Posted by Marcia Oddi at October 22, 2004 12:17 PMIn addition, the Defendant County Election Boards are hereby mandated to immediately send notice and replacement ballots to all absentee voters, who have been provided absentee ballots with Jeff Lee’s name on them, advising them that their previously cast vote in House District 46 is void and will not be counted, that if they would like to vote for a candidate in House District 46, they need to send in the replacement ballot, and further that, if the voter chooses to utilize the replacement ballot, he or she should complete the replacement ballot as if voting for the first time.