November 03, 2008

Indiana Supreme Court in Marion County Absentee Ballot Case Reinstates Trial Court Order After COA Had Reversed It

In the two hours I went to class, the Court of Appeals lifted the stay and the Indiana Supreme Court, on a 5-0 vote (with two interesting concurring opinions) reinstated the stay. Bottom line: Marion County must follow the Indiana Election Day handbook for handling certain absentee ballots first as provisional ballots, but the Justices believe few ballots will have a problem being accepted for counting.

UPDATE and CORRECTION: In my haste to get this post up quickly, I misstated what happened in the Indiana courts. In fact, the court of appeals had granted the stay of the trial court's injunction requested by the Marion county Board, but then the Supreme Court transferred the case to itself and dissolved the stay, leaving the injunction in place and requiring the absentees to be treated as provisional ballots and not counted immediately. Thanks to a sharp reader for bringing this to my attention.

Posted by Rick Hasen at November 3, 2008 03:15 PM