Monday, September 08, 2014
notes from iclu.org
Common Cause of Indiana v. Indiana Secretary of State (U.S. Dist. Ct. – So. Dist. of Ind.) [Filed 11/12]
Indiana law provides that each major political party nominates exactly ½ of the number of Superior Court judges to be elected at the general election. This means that when a person is confronted with the list of judicial candidates there are the exact same nominees as there are positions. This case alleges that this unique system violates the First Amendment right that voters have to exercise a meaningful vote. The district court has denied the defendants' motion to dismiss and the case is moving forward. Summary judgment motions are being filed.
ATTORNEY(S): Kenneth J. Falk, Gavin M. Rose
Freedom of Speech and Association
Citizens Action Coalition of Indiana v. Yorktown (U.S. Dist. Court – Southern Dist. of Indiana)
This case challenges an ordinance that prohibits canvassing without obtaining a license and paying significant fees. There are also significant limitations in the ordinance as to when the persons may canvass. We are claiming that significant portions of the ordinance violate the First Amendment. Cross-motions for summary judgment have been filed.
ATTORNEY(S): Gavin M. Rose, William R. Groth, Jennifer Washburn
Mulholland v. Marion County Election Board (U.S. Dist. Court – Southern Dist. of Indiana; Seventh Circuit) [Filed 10/12]
After we sought summary judgment in the state-court case described immediately above, the Marion County Election Board issued an order requiring that the plaintiff be subpoenaed to a hearing before the Board and setting a hearing to investigate his alleged violation of the statute. This action seeks an order enjoining the Board from subpoenaing him or from otherwise enforcing the statute. The district court granted the defendant's motion to dismiss, but this was reversed by the Seventh Circuit Court of Appeals. It appears that the defendant is intent on enforcing the challenged statue and we have filed for summary judgment and are awaiting a decision.
ATTORNEY(S): Kenneth J. Falk, Gavin Rose
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