Curley v. Lake County Board of Elections and Registration (Joseph S. Van Bokkelen, N.D. Ind. 2:08-cv-287)
The central question in this case was whether a majority vote or a unanimous vote by members of an election board was required to open satellite locations for early voting. A state-court judge issued an injunction favoring the unanimity requirement shortly after the case was removed to federal court. After the parties agreed to maintain the status quo until the federal judge could rule, some of their attorneys filed a similar action in another state court and got a conflicting state-court injunction. Employing the All Writs Act, the federal judge vacated the second injunction, but he later determined that his case was not removable.
Subject: Absentee and early voting. Topics: Early voting; poll locations; matters for state courts; removal; enforcing orders; intervention.
One of many Case Studies in Emergency Election Litigation.