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Early Voting To Proceed in Minority-Heavy Indiana Cities
It looks like one of the numerous tricks pulled by Republicans to make it harder for black people to vote isn't going to work.
A judge in Lake County, Indiana ruled today against a GOP effort to shut down early voting centers set up in predominantly low-income African-American areas of the county.
As we reported earlier this month, county Republicans had sued to have the centers shut down, on the grounds that the law required a unanimous vote of the county election board to set up early voting centers. (The Lake County board had voted 3-2 to open them.)
Without the early voting centers, which were set up in the northern Lake County cities of Hammond, Gary, and East Chicago, residents of those cities would have had to travel over an hour to vote early in the county seat of Crown Point, which is in the southern part of the county. Barack Obama needs a strong turnout in northern Lake County if he's to have a chance of winning Indiana, a state where he's been running almost even with John McCain.
The centers have already been open for several weeks, and the court ruled that valid votes already cast will count.
From the ruling by Judge Diane Kavadias Schneider, which was obtained by TPMmuckraker from the Lake County Superior Court:
The Lake County Board of Elections and Registration is hereby enjoined from terminating the operation of in person absentee voting currently being conducted in the offices of the Clerk of the Lake Circuit Court in the courthouse buildings in Gary, Hammond, and East Chicago and the offices of the Lake County Board of Elections and Registration in Crown Point.It is further ordered that all ballots that have already been cast at the early voting locations in Gary, Hammond, East Chicago, and Crown Point shall not be invalidated except for instances of voter fraud.
The GOP may yet appeal to the Indiana Supreme Court. But for now, early voting continues in the Democratic stronghold of a key county in a key state.













Can you post the judge's decision? I want to know if the Republicans were simply wrong about the unanimity requirement, or (if not) what the basis for the denial was.
October 22, 2008 3:01 PM | Reply | Permalink
Seconded.
October 22, 2008 3:09 PM | Reply | Permalink
its coming.
October 22, 2008 3:18 PM | Reply | Permalink
Click on the word "ruling" in the text.
Basically, the judge seems to accept that under a strict interpretation of the law the election board vote should have been unanimous.
But she denies the GOP application for an injunction on grounds it would harm the voters affected more than letting the voting continue would harm the plaintiffs.
She notes that the intent of the state's election laws is to facilitate voting, not impede it.
And from a practical point of view, it would be grossly undemocratic to throw out the votes already cast.
October 22, 2008 4:37 PM | Reply | Permalink
She's obviously a crazy, radical, activist judge. Facilitating voting!? How dare she?
October 22, 2008 4:47 PM | Reply | Permalink
It's simple, she was appointed by a Democrat.
October 22, 2008 5:05 PM | Reply | Permalink
Makes me nervous that so many things are swinging our way...
October 22, 2008 3:39 PM | Reply | Permalink
I agree...!
The whole Universe seems to be conspiring against the GOP...
What could be next? "The Rapture"?
October 22, 2008 3:51 PM | Reply | Permalink
Ran into a friend at the grocery store.
C: Less than two weeks to go...
Me: I know. It's crazy good isn't it?
C: I don't trust crazy good.
Are we so conditioned to disappointment?
October 22, 2008 4:44 PM | Reply | Permalink
I suggest that one of the first things we ask that Congress (and our state legislatures) take up this coming year is to either the time window for voting (i.e., early voting or mail-in ballots), and/or to make election day a national holiday.
I realize that Republicans have an ideological position against broad public participation, but I think it would be very, very easy to push reforms to increase voter turnout and strengthen democracy.
October 22, 2008 4:48 PM | Reply | Permalink
Seconded.
Plus, I just wanted to say I like your avatar. ;-)
October 22, 2008 5:57 PM | Reply | Permalink
Best part of the opinion:
38. Curley Plaintiffs' allegations of 'vote dilution' have no merit because the votes of Mr. Curley and Mr. Brown will in no way be 'diluted' by the casting of early ballots of other validly registered voters, any more than if they had cast those ballots on election day. The casting of ballots by other lawfully registered voters within the relevant jurisdiction is democracy, not vote dilution.
October 22, 2008 6:40 PM | Reply | Permalink
Yes indeed.
October 23, 2008 1:46 AM | Reply | Permalink
Well, if they were for democracy, they wouldn't call themselve republicans, now would they?
I think that if this ruling survives, we will see the one good outcome of the statement in Bush v. Gore that it couldn't be used as precedent, because there the Supremes had no compunction about throwing away valid votes to reach the result they wanted.
October 22, 2008 9:22 PM | Reply | Permalink
This May we were in France and shared a breakfast table one morning with two other couples, one from Switzerland and one from the Netherlands. Much discussion of American politics. They were astonished that there are different voting rules in the different states. And of course they are right - a good goal for the new congress would be a single national rule for hours, ID standards, registration forms and procedures, etc.
October 23, 2008 12:00 AM | Reply | Permalink
I was born and raised in Lake County Indiana. Crown Point is a wealthier part of the county with a much smaller minority population. I am glad that the voting has proceeded and hope that further actions will continue to allow all votes to be counted. Hopefully any violation of the 'rules' that has occurred will not be allowed to disenfranchise voters or invalidate any votes whatsoever but if they must they can reprimand anyone who violated the rules by opening these voting centers later....(well I hope that no one has to be reprimanded but if the republicans have to get something for their efforts that is all that should happen).
October 23, 2008 1:43 AM | Reply | Permalink