Federal judge passes on early voting question

ELECTION : Gary mayor vows to transport north county voters to Crown Point location

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HAMMOND | A federal judge has transferred a decision regarding whether to open early voting centers in Gary, Hammond and East Chicago back to Lake County Superior Court.

U.S. District Court Judge Joseph Van Bokkelen ruled Monday he doesn't have jurisdiction on the matter. He said county judges should decide whether an Indiana law requiring unanimous bipartisan support of a county's elections board to open multiple locations for voting before the Nov. 4 general election violates the Indiana Constitution.

The elections board voted by majority to open satellite early voting locations in Gary, Hammond and East Chicago. But two Republican elections board members voted against the openings, meaning the vote was not unanimous as state law requires.

Monday's federal court ruling may set the stage for dueling state court decisions.

Lake County Superior Court Judge Calvin Hawkins has scheduled a new hearing on the matter for 1 p.m. today in his East Chicago courtroom to decide the next step. Last week, Hawkins blocked the satellite centers from opening after county Republicans sought a restraining order.

Lake County Circuit Court Judge Lorenzo Arredondo will have a separate hearing on the issue at 9 a.m. in his courtroom. Last week, Arredondo ordered the satellite centers to open.

Lawyers for Democratic elections board members -- who advocate the early voting sites -- said last week they were prepared to take any conflicting state court orders to the Indiana Supreme Court for a quick final ruling on the matter.

Republican County Chairman John Curley said he is prepared to put the case in Hawkins' hands. He said he hoped Judge Arredondo would not overrule Hawkins without giving Republicans a chance to present their case.

Gary Mayor Rudy Clay, who also is the Lake County Democratic chairman, considered the ruling an apparent defeat Monday for his efforts to open early voting in the county's largest cities and vowed to organize an armada of buses and cars to move north county voters to the county elections board office in Crown Point. The offices is the only early voting location that remains open.

State law guarantees one in-person early voting site in Lake County. Democrats and Republicans agreed unanimously last month to permit in-person voting in the election board's office in the Lake County Government Complex in Crown Point.

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