Last Updated: September 10, 2010 at 1:39 PM
Schoettle v. Marion County Board of elections
Case Information
Date Filed: October 29, 2008
State: Indiana
Issues: Absentee Ballots, Improper Election Administration
Courts that Heard this Case: Marion County Circuit Court (Case 49C01 08 10 PL 049131); Indiana Court of Appeals (Case 49A05-0810-CV-637); Indiana Supreme Court (Case )
Issue:
Whether the Marion County Board of Election may count challenged absentee ballots on Tuesday or whether the challenged ballots can counted later with the provisional ballots after additional scrutiny.
Status:
NOTICE: The electronic docket for this case is 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.
Circuit Court issued order on 10/31/08 preventing challenged absentee ballots from being counted until later in the week. The Court of Appeals issued a stay of this order pending an appeal. The Indiana Supreme Court reinstated the trial court's order on 11/3/08.
Indiana Supreme Court Documents
- Appellees' Emergency Verified Appellate Rule 56(A) Motion to Accept Jurisdiction Over Appeal
(filed 11/3/08) - Order (filed 11/3/08)
Court of Appeals Documents
- Emergency Motion for Stay Pending Appeal (filed 10/31/08)
- Order (filed 10/31/08)
- Appellees' Verified Motion to Continue to Hold the Board's Emergency Stay Request in Abeyance Until the Indiana Supreme Court Rules on Appellees' Pending Appellate 56(A) Motion & Response to the Board's Stay Request (filed 11/3/08)
- Response to Appellate Rule 56(A) Motion and to Appellees' Opposition to Stay Pending Appeal (filed 11/3/08)
- Motion to Hold Stay Request in Abeyance Denied; Motion to Stay Pending Appeal Granted (entered 11/3/08)
Circuit Court Documents
- Complaint (filed 10/29/08)
- Findings of Fact and Conclusions of Law and Order on Complaint for Temporary Restraining Order, Preliminary Injunction, and Declaratory Relief (entered 10/31/08)
Commentary
A Poster Child for Dysfunctional Districting
Daniel P. Tokaji
Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.
more commentary...