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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

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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