Last Updated: September 10, 2010 at 1:40 PM

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

• Order (entered 10/24/08)
• Motion for State of Indiana to Intervene or file amicus brief (filed 10/27/08)
• Plaintiff-Appellant John F. Curley brief (filed 10/27/08)
• Order (denying stay) (entered 10/28/08)
• Order (denying motion to intervene, granting motion to file amicus brief) (entered 10/28/08)
• Decision (entered 10/31/08)

Indiana Supreme Court Documents (2nd Appeal)

• Verified Motion to Acknowledge Jurisdiction and Establish Expedited Briefing Schedule (filed 10/23/08)
• Order (entered 10/24/08)

Special Superior Court Proceedings

• Order (entered 10/22/08)

Indiana Supreme Court Documents (1st Appeal)

• Order (entered 10/14/08)

Superior Court Documents

• COMPLAINT filed in Lake Superior court (filed 10/2/08)
• MOTION for Temporary Restraining Order (filed 10/2/08)
• TEMPORARY RESTRAINING ORDER signed by Judge, Lake Superior Court, Civil Division (entered 10/3/08)

U.S. District Court Documents

• NOTICE OF REMOVAL by Lake County Board of Elections (filed 10/3/08)
• Proposed MOTION to Intervene (filed 10/3/08)
• BRIEF in Support of Proposed MOTION to Intervene (filed 10/3/08)
  • Affidavit Balanoff
  • Affidavit Bolling
• Proposed MOTION To Enjoin Pending State Court Proceedings, etc. (filed 10/3/08)
• Proposed Answer (filed 10/3/08)
• STATE COURT RECORD (filed 10/3/08)
• MOTION HEARING held on 10/3/2008 before Judge Joseph S Van Bokkelen regarding MOTION for Temporary Restraining Order.  Issue of whether this Court has jurisdiction discussed. Argument presented by both sides. Defts move to admit State Court Order issued today by Judge Hawkins and ask that the order be vacated. Ptys agree that no additional voting locations will be opened through the close of day, Thursday, October 9, 2008. Ptys have until noon on Wednesday, 10/8/08 to file briefs re: Court's subject matter jurisdiction and any other briefs. Motion Hearing continued for 10/9/2008 09:00 AM in US District Court - Hammond before Judge Joseph S Van Bokkelen) (Entered: 10/06/2008)
• APPENDIX to Proposed MOTION to Intervene (filed 10/6/08)
  • Declaration of Aaron , Declaration of Arkush ,
  • Declaration of Macri , Declaration of Peterson ,
  • Declaration of Phillips , Declaration of Stringer ,
  • Declaration of Taggares , Declaration of Ventura
• Emergency MOTION to Vacate TRO by Plaintiffs (filed 10/7/08)
  • Exhibit A - Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17
• ORDER GRANTING Motion to Vacate Circuit Court's 10/6/08 TRO and orders the Lake County Circuit Court to STAY any proceedings (entered 10/7/08)
• Transcript of State Court TRO hearing (filed 10/7/08)
• MOTION to Remand to State Court filed by Intervenor Defendants (filed 10/7/08)
• MEMORANDUM in Support of MOTION to Remand (filed 10/7/08)
• MOTION to Expedite Motion To Remand (filed 10/7/08)
• Memorandum in Support of Petition to Remove and this Court's Jurisdiction (filed 10/9/08)
• Motion to Vacate Court's Oct. 7 Order & Memo in Support (filed 10/9/08)
• RESPONSE to Motion to Remand (filed 10/9/08)
• Supplemental Memorandum In Opposition To Motion For Temporary Restraining Order (filed 10/9/08)
• BRIEF in Support of MOTION for Temporary Restraining Order (filed 10/9/08)
• Joint MOTION for Leave to File Instanter Oversized Memorandum of Law in Opposition to Plaintiffs' Motion for Temporary Restraining Order (filed 10/9/08)
  • Joint Memorandum of Law
  • Exhibits to Joint Memorandum
• ORDER granting Joint MOTION for Leave to File Instanter Oversized Memorandum of Law in Opposition to Plaintiffs' Motion for Temporary Restraining Order (entered 10/10/08)
• RESPONSE in Opposition regarding MOTION to Vacate Order (filed 10/11/08)
• ORDER granting Motion to Remand to State Court (entered 10/13/08)
• MOTION HEARING held on 10/10/2008 regarding MOTION for Temporary Restraining Order filed by John B Curley (filed 10/13/08)

Related Links

• Special judge appointed in early voting case, Post Tribune (IN), 10/16/08
• Indiana Supreme Court asked to step into early voting dispute, South Bend Tribune, 10/14/08