GOP no longer wants early votes tossed

State appeals court hears case

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INDIANAPOLIS | Lake County Republicans are no longer asking the courts to throw out ballots cast at contested early voting sites in East Chicago, Gary and Hammond.

Appearing before the Indiana Court of Appeals on Thursday, an attorney for Lake County Republican Chairman John Curley said he also has dropped his contention that opening the early voting sites increased the likelihood of vote fraud.

Lake County Superior Court Judge Diane Kavadias-Schneider, who last week denied a request to close the early vote centers, ruled Indiana's requirement that voters show photo identification negated the fraud argument.

But Republicans still are seeking to halt early voting in the three Democratic strongholds. Attorneys for the Democratic-controlled Lake County Board of Elections and Registration contend the Republicans haven't provided a compelling reason to do so.

"There is no harm in valid voters voting, nor is there any evidence of fraud," said Jonathan Weissglass, an attorney representing labor unions and the NAACP, which have intervened in the dispute.

At issue is whether the East Chicago, Gary and Hammond sites are satellite voting centers, which, under state law, can only be opened by a unanimous vote of the county election board. The board last month voted 3-2 along party lines to open the centers.

Democrats argue state law allows them to open early voting centers at both the elections board office in Crown Point and at the circuit clerk's offices in East Chicago, Gary and Hammond.

Republicans say the law allows only one early center per county. In 90 counties, they contend, that location is the clerk's office, while in Lake and Tippecanoe counties, where the county elections boards have greater authority, the location is the elections board offices.

In addition to requesting an injunction to shutter the three early voting sites, the Republicans have asked the appeals court to rule on the underlying argument regarding what state law allows. They want a precedent set for future elections.

"This issue will keep coming back," Karl Mulvaney, the GOP's attorney, told the court. "We need to make that decision so it doesn't keep happening."

Early voting began Oct. 6 at the elections board office in Crown Point. It started Oct. 14 in East Chicago, Gary and Hammond, after lower-court judges refused Republican requests for an injunction barring the sites from opening until the court battle is resolved.

Appeals Court Judge Edward Najam, who presided over Thursday's arguments, said the three-judge panel would do its best to issue a decision as soon as possible. Early voting ends at noon Monday.

MORE: Read Indiana Secretary of State Todd Rokita's Report on Indiana's preparedness for the Nov. 4 election.

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