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Election Law @ Moritz

Election Law @ Moritz


Litigation

Curley v. Lake County Board of Elections

Case Information

Date Filed / Ended: October 2, 2008 / October 31, 2008
State: Indiana
Issues: Voter Registration, Early Voting
Courts that Heard this Case: U.S. District Court for the Northern District of Indiana (Case 2:08-cv-00287); Indiana Supreme Court (Case 45A03-0810-CV-512); Indiana Court of Appeals (Case 45A03-0810-CV-512)

Issue:

Whether the Lake County Board of Election’s establishment of satellite offices for in-person absentee ballot voting violates Indiana state election law. The Board of Elections claims that it was obligated to take the challenged actions in order to comply with the Voting Rights Act.

Status:

NOTICE: The electronic dockets for the state courts in this case are not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

Indiana Court of Appeals Documents

Indiana Supreme Court Documents (2nd Appeal)

Special Superior Court Proceedings

  • Order PDF (entered 10/22/08)

Indiana Supreme Court Documents (1st Appeal)

  • Order PDF (entered 10/14/08)

Superior Court Documents

U.S. District Court Documents

Related Links

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

more commentary...

In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...