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)

Related Articles

• Challenged votes set aside for later (11/4/08)
• Appeals Court Likely to Rule on Challenged Ballots (11/3/08)