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GALLAGHER v. INDIANA STATE ELECTION BD.

No. 49S02-9208-CV-646.

598 N.E.2d 510 (1992)

Stephen M. GALLAGHER, and Kevin Mouser, Individually and Representatives of All Other Individuals Similarly Situated, Appellants (Plaintiffs below), 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, and Marion County Board of Voter Registration, Appellees (Defendants below).

Supreme Court of Indiana.

August 28, 1992.

Attorney(s) appearing for the Case

Richard A. Waples, Indiana Civil Liberties Union, John Wood, Indianapolis, for appellants.

Linley E. Pearson, Atty. Gen., Robert S. Spear, John M. White, Deputy Attys. Gen., Kristie L. Hill, Corp. Counsel City-County Legal Div., J. Murray Clark, Indianapolis, for appellees.

SHEPARD, Chief Justice.

Appellants Stephen Gallagher and Kevin Mouser were registered in plenty of time to vote in the 1988 general election in Marion County, but they moved out of their precincts in the month before election day. Gallagher moved to Hendricks County; Mouser moved to another precinct within Marion County. As a result of these moves, Indiana's voting laws restricted their ability to vote. Both sought full franchise by filing a class action suit on behalf...

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