Judge orders opening of early voting sites despite hearing
October 7, 2008
By Piet Levy Post-Tribune staff writer
CROWN POINT -- The ongoing political feud over early voting centers took a new twist Monday when a Lake County judge ordered the mandatory opening of early voting sites in East Chicago, Gary and Hammond -- three days before a scheduled hearing on the same subject in U.S. District Court.
Lake County Circuit Court Judge Lorenzo Arredondo ruled that the sites be opened, contrary to a decision by Lake Superior Court Judge Calvin Hawkins' decision Friday that the satellite early voting offices not be allowed to open Monday.
It remains to be seen how effective Arredondo's ruling will be, however, considering that U.S. District Court Judge Joseph Van Bokkelen has scheduled a hearing for Thursday on the early voting sites. On Friday, Van Bokkelen ruled "there is no state temporary restraining order" -- effectively voiding Hawkins' order -- and set the Thursday hearing date.
On Monday, attorney James Wieser filed a new lawsuit in Lake County Circuit Court against the Lake County Board of Elections, claiming that having early voting sites in the county's three largest cities is the only way to make sure the elections are free and equal -- a staple of the state constitution.
The cities also are Democratic strongholds.
Wieser said he hopes the Election Board opens an early voting site by Wednesday.
Observers say the issue may come down to an interpretation of state law and whether the federal government has jurisdiction in the matter.
Two weeks ago, the Democratic-controlled Election Board voted 3-2 to allow the centers to open, with the Board's Republican members voting against it. Lake County Republican Chairman John Curley argued that, according to state statute, a unanimous vote is needed for the satellite voting sites to open.
On Monday, Curley referred new questions to attorney Tim Sendak.
Sendak said he received no notice on the suit filed in Arredondo's courtroom Monday. He said the federal court and attorneys for both sides were notified and that all sides were waiting to see what was going to be done about the new development.
http://www.post-trib.com/news/lake/1205956,lcvote.article