Lake County early voting sites to remain

SOUTH BEND – Early voting centers that Republicans contend increase the risk of voter fraud will remain open in Gary, Hammond and East Chicago under an order from a special judge, who said closing them could jeopardize people’s fundamental right to vote.

Lake County Superior Court Judge Diane Kavadias Schneider acknowledged that “regrettably, Lake County has had a history of public corruption and voter fraud.” But she said there are several safeguards in place for in-person absentee voting, including a state law requiring voters to present photo identification and access to registration checks through a state voter database.

Kavadias Schneider sided with Democrats, who have argued that many residents of the three cities cannot get to Crown Point to cast early ballots and will not have time to vote on Nov. 4.

The judge noted that travel to Crown Point from Gary, Hammond and East Chicago “is impractical or impossible” and challenged the plaintiffs and their attorneys to go to certain intersections in each city and attempt to travel to Crown Point by public transportation.

“It is highly probable that they would find it difficult, if not impossible, to do so,” wrote Kavadias Schneider, who was named by the Indiana Supreme Court to hear the case.
The case has taken on racial overtones, with some Democrats questioning whether Republicans are trying to suppress votes by minorities likely to favor Democratic presidential nominee Barack Obama. Indiana has not chosen a Democrat for president since 1964, but polls show this year’s race between the Illinois senator and Republican John McCain to be close.

Kavadias Schneider said providing early voting in predominantly white Crown Point but barring locations to the majority of Lake County’s black and Hispanic residents would violate the federal Voting Rights Act.

“It is not reasonable or fair to allow voters residing in Crown Point or in close proximity thereto to cast and an early ballot there, while at the same time requiring the many more voters in Gary, Hammond and East Chicago to make an onerous and lengthy round trip there to vote,” she wrote.

The ruling noted that there has been no evidence of any voter fraud since the early voting centers opened and that Republicans had provided no proof that they “will suffer any injury if the voting continues.”

GOP County Chairman John Curley said he could not comment until he had read the decision. Messages seeking comment also were left at the offices of attorneys for the Republican Party.

Republicans have said state law requires a unanimous decision by a county election board before satellite voting centers can open. The GOP voted against the centers in East Chicago, Hammond and Gary, but Democrats opened them anyway, sparking the legal tussle that has now been heard by four judges.

Kavadias Schneider said the early voting during the primary is properly characterized as satellite voting because it took place in hallways of the courthouses in Gary, Hammond and East Chicago instead of in court clerks’ offices. The current early voting is being done in clerks’ offices and is allowable under interpretation of Indiana law, she said.

Indiana Republican Party Chairman Murray Clark disagreed.

“We still believe Lake County should have to follow the same election laws as the rest of the state,” he said.

Elections board director Sally LaSota, a Democrat, said she was pleased by the decision.

“I think for the voters, thank goodness,” she said. “We have over 300,000 registered voters, so I’m assuming we’re the second highest (in Indiana), and they want to restrict to one place. Are you kidding me?”