I mentioned yesterday the brewing legal battle over early voting access in Lake County, but I thought I would revisit the issue this morning to provide a little more background on what we are dealing with here. From what I have been able to gather, this is where we are.
After the Lake County Election Board voted 3-2 to allow early voting at additional sites in the northern portion of the county, the Republicans sought to receive a temporary restraining order. Now, the Indiana Code seems pretty clear on the need for this appeal to be filed in the circuit court, but the Republicans instead filed their challenge the Lake Superior Court.
Why did they do this? Perhaps it had something to do with the fact that they knew a Democratic judge was presiding over the circuit, or maybe they just thought that Judge Calvin Hawkins -- a recent Daniels appointee -- would give them a more receptive ear. Regardless, the Lake County Election Board immediately moved to have the issue transfered to federal court.
At this point, the matter should have been out of the state court's hands, but Judge Hawkins, no doubt under the influence of some convincing arguments from the GOP lawyers, granted the restraining order. This essentially amounted to spitting in the face of the federal court, which in my limited understanding of the law, is not a great idea.
Judge Van Bokkelen, the federal judge (and Bush appointee) who received the case, was apparently not amused. He called a hearing Friday afternoon and rather quickly vacated the state court's decision, recessing the hearing until this coming Thursday.
This brings us to where we are now. The Republicans have successfully stopped the opening of early vote sites in the northern, low-income portion of the county, at least until Friday. The court will convene on Thursday to hear arguments, which will likely revolve around some variety of a Voting Rights Act violation. We have a county where those least able to travel are being given the greatest burden, while those most well off are allowed to vote with relative ease. Or, in essence, the Democratic Party representatives will be arguing for greater voting access, and the Republicans will be fighting against this rather simple principle. Sound familiar? I thought so.
This is not just an issue for those of you in the region. This is a case that speaks to the Democratic Party's ideals in general, and we all have a stake in seeing the right and just outcome on Thursday. I'll bring more information as it becomes available in the coming days.
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