CURLEY v. LAKE CTY BD. OF ELECTIONS REGIS.

No. 45A03-0810-CV-512.

896 N.E.2d 24 (2008)

John B. CURLEY, as Chairman of the Lake County, Indiana, Republican Central Committee, and as a Registered Voter; and Jim B. Brown, as a Member of the Lake County Board of Elections and Registration, and as a Registered Voter, Appellants-Plaintiffs, v. LAKE COUNTY BOARD OF ELECTIONS AND REGISTRATION; and The Honorable Thomas Philpot, not individually but as Lake County Clerk, Appellees-Defendants, and Linda Peterson; Roosevelt Phillips; Mary Aaron; Service Employees International Union; and Indiana State Conference of National Association for The Advancement of Colored People Branches, Appellees-Defendants-Intervenors, and United Steelworkers District 7; Hammond Teachers Federation, Local 394, American Federation of Teachers; Earline Rogers; and Roxanna Lugo, Appellees-Plaintiffs. and Lake County Board of Elections and Registration, Appellee-Defendant.

Court of Appeals of Indiana.

October 31, 2008.


Attorney(s) appearing for the Case

Karl L. Mulvaney, Nana Quay-Smith, Shannon D. Landreth, Briana L. Kovac, Bingham McHale LLP, Indianapolis, IN, Attorneys for Appellants.

Frederick T. Work, Frederick T. Work & Associates, Gary, Ivan E. Bodensteiner, Professor of Law, Valparaiso University School of Law, Valparaiso, IN, Jonathan Weissglass, Stephen P. Berzon, Danielle Leonard, Anne Arkush, Altshuler Berzon LLP, San Francisco, CA, James L. Wieser, Wieser & Wyllie, Schererville, Barry A. Macey, Macey Swanson and Allman, Indianapolis, IN, Sean H. Donahue, Donahue & Goldberg, LLP, Washington, DC, Attorneys for Appellees.

Steve Carter, Attorney General, Thomas M. Fisher, Solicitor General, Heather L. Hagan, Deputy Attorney General, Office of the Attorney General, Indianapolis, IN, Attorneys for Amicus Curiae.


OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

John B. Curley and Jim B. Brown (collectively, "the Curley Plaintiffs")1 bring this interlocutory appeal2 from the trial court's preliminary injunction ("Preliminary Injunction") enjoining the Lake County Board of Elections and Registration (the "Board" or "Board of Elections") from terminating early voting for the 2008 General Election in Gary...

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