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GALLAGHER v. ELECTION BD.

No. 49A02-9007-CV-431.

579 N.E.2d 649 (1991)

Stephen M. GALLAGHER and Kevin Mouser, Individually and As Representatives of All Other Individuals Similarly Situated, Appellants-Plaintiffs, v. INDIANA STATE ELECTION BOARD; ALAN MILLS, Joseph Donnelly, and Donald Cox, in Their Official Capacities As Members of the Indiana State Election Board; Marion County Election Board; Marion County Board of Voter Registration, Appellees-Defendants.

Court of Appeals of Indiana, Second District.

October 16, 1991.

Attorney(s) appearing for the Case

John Wood, Bamberger & Feibleman, Richard A. Waples, Indiana Civil Liberties Union, Indianapolis, for appellants-plaintiffs.

Linley E. Pearson, Atty. Gen., Kimberlie Antrim Forgey, Deputy Atty. Gen., Indianapolis, for State appellees-defendants.

J. Murray Clark, Clark, Quinn, Moses & Clark, Indianapolis, for appellee-defendant Marion County Election Bd.

SHIELDS, Judge.

Stephen M. Gallagher and Kevin Mouser, individually and as representatives of all other individuals similarly situated, appeal the trial court's judgment holding voting provisions of the Indiana Code do not violate the Indiana Constitution or the United States Constitution.

We reverse and remand for further proceedings.

ISSUES

1. Whether Ind. Const. art. 2, § 2 creates a "day of record" for purposes of voting, whereby...

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