Curley v. Lake County Board of Elections & Registration

896 N.E.2d 24, 2008 Ind. App. LEXIS 2440
CourtIndiana Court of Appeals
DecidedOctober 31, 2008
DocketNo. 45A03-0810-CV-512
StatusPublished
Cited by51 cases

This text of 896 N.E.2d 24 (Curley v. Lake County Board of Elections & Registration) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curley v. Lake County Board of Elections & Registration, 896 N.E.2d 24, 2008 Ind. App. LEXIS 2440 (Ind. Ct. App. 2008).

Opinion

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

John B. Curley and Jim B. Brown (collectively, “the Curley Plaintiffs”)1 bring this interlocutory appeal2 from the trial court’s preliminary injunction (“Preliminary Injunction”) enjoining the Lake County Board of Elections and Registration (the “Board” or “Board of Elections”) from terminating early voting for the 2008 General Election in Gary, Hammond, and East Chicago. The Curley Plaintiffs, the Appellees, and the State as amicus curiae raise numerous issues for our review, including issues under Indiana’s Constitution, the Voting Rights Act, and the Constitution of the United States.3 But this [27]*27challenge to early voting — legally described as “in-person absentee voting”— presents the court, primarily, with a question of statutory interpretation.4

The trial judge issued a thorough order addressing a wide range of issues related to early voting that the parties have briefed and argued well on appeal. We conclude, however, that it is unnecessary to address all the claims and defenses asserted before the trial court and this court in order to decide this case.5 In addressing the broad issue of whether the Board showed by a preponderance of the evidence that it met the four requirements for the issuance of a preliminary injunction, we focus on two questions of law:

1. Whether in-person absentee voting locations at offices of the circuit court clerk are “satellite offices” for purposes of Indiana Code Sections 3-11-10-26 and 3-11-10-26.3; and
2. Whether Indiana Code Section 3-ll-10-26(a)(l) requires the Board to hold in-person absentee voting only in the Board’s office.

We hold that the trial court’s order was not clearly erroneous when the court determined that offices of the circuit court clerk are not “satellite offices” and that Indiana Code Section 3 — 11—10—26(a)(1) does not restrict the authority of the Board of Elections to conduct in-person absentee voting in the offices of the circuit court clerk. Thus, we affirm the Preliminary Injunction.

FACTS AND PROCEDURAL HISTORY

This case comes to us after hearings in four different northern Indiana state and federal courts, where the parties have litigated for and against an injunction to maintain the status quo and prohibit the Board of Elections from terminating in-person absentee voting in the offices of the circuit court clerk in Gary, Hammond, and East Chicago, now underway, and for and against an injunction to terminate in-person voting at those sites. On October 14, 2008, our Supreme Court issued an order consolidating the cases pending in the Lake Circuit Court and the Lake Superior Court into the superior court. In doing so, the court ordered that “[t]he October 14 preliminary injunction entered by the [Lake] Circuit Court shall remain in effect pending action, if any, by the [Lake] Superior Court.” See Appellant’s App. at 31-[28]*2832. On October 15, our Supreme Court appointed a special judge after the parties could not agree on a judge. On October 20, the trial court heard evidence presented by the parties and visited the three voting locations in dispute. On October 22, the trial court issued its Preliminary Injunction prohibiting the Board of Elections from ceasing the disputed in-person absentee voting.

In its Preliminary Injunction, the trial court specially found the following undisputed facts:

2. John B. Curley is Chairman of the Lake County Indiana Republican Central Committee and a registered voter in Lake County, Indiana.
3. Jim B. Brown is a member of the Lake County Board of Elections and Registration and a registered voter in Lake County, Indiana.
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5. The Board of Elections consists of five (5) members: two (2) member[s] appointed by each Chairman of each major political party, and the Circuit Court Clerk as an ex officio member.
6. The following individuals are current members of the Board of Elections: A1 Salinas and John McCloud, as appointees of the Lake County Democratic Chairman; Jim B. Brown and Patrick E. Gabrionef,] as appointees of the Lake County Republican Chairman; and Thomas R. Philpot, County Clerk, as an Ex-Officio member.
* * *
10.The state trial courts in Lake County, Indiana[,] are unique in their configuration, with a Circuit Court and a Superior Court and numerous judicial officers in various geographic locations. These courts sit in four (4) separate courthouse locations; namely, Gary, Hammond, East Chicago, and [at the county seat in] Crown Point.
11. These four (4) courthouse locations afford Lake County citizens to file many of their cases in the city of their residence.
12. The County Clerk maintains offices in each of the four (4) courthouse locations.
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15. In addition to voting in person at a polling place on Election Day, there are three (3) alternate provisions under Indiana law for a registered voter to cast a ballot in the 2008 General Election:
(A) voting an absentee ballot by mail[;]
(B) voting an absentee ballot in person[;]
(C) voting by traveling board[.]
Ind.Code § 3-11-10 et seq.
16. On September 23, 2008[,] a meeting of the Board of Elections was held in the Commissioners Court Room at the Lake County Government Center in Crown Point, Indiana.
17. The following members of the Board of Elections were present at that meeting: A1 Salinas, John McCloud, Jim B. Brown, Patrick E. Gabrione and Sandy Radoja as proxy for the County Clerk.
18. Prior to the Board of Elections[’] September 23, 2008[,] meeting, an agenda for that meeting was published.
19. Under the “NEW BUSINESS” portion of the agenda was listed “ABSENTEE-IN PERSON VOTING-SATELLITE OFFICES.”
20. During the September 23, 2008[,] meeting of the Board of Elections the following occurred:
[29]*29A. Mr. Salmas moved to adopt a resolution
B. There was much discussion and disagreement among those present as to the proper interpretation of the statutes applicable to early voting and when a unanimous vote was required to establish early voting.
C. Mr. Salinas made a second motion to permit early voting at the offices of the Circuit Court Clerk, all loeations.[7]

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Cite This Page — Counsel Stack

Bluebook (online)
896 N.E.2d 24, 2008 Ind. App. LEXIS 2440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curley-v-lake-county-board-of-elections-registration-indctapp-2008.