Friday, November 16, 2018
Noon today, 10 days after the election, Marion County IN held its hearing on provisional ID ballots.
The meeting had been scheduled for wednesday, then, when I turned in my affidavits on monday, I was told that it was rescheduled for friday at 1 pm.
When we arrived at 1:12 pm, the board was adjourning, and had already denied all id-related ballots, including mine.
I had my hand up within moments of the announcement of ajournment, but was not recognized. I was told that there was no opportunity for public comment.
Although they had notice, via the affidavits and my communications with their counsel - I am suing them over two prior incidents where I was denied even a provisonal ballot - they did not notify me, or, I think, any of the other challenged voters. they did, no doubt, post a notice on the bulliten board at city hall 48 hours before the meeting, but there was nothing on the county online calendar or the clerk's homepage, when checked about 3 pm.
So I see possible issues under the open meeting statute, due process, and the state constitution's due course of law clause. I don't know if there are hava issues here. They had been warned that if they did not count my ballot, I will plan to bring another lawsuit based on hava and constitutional violations documented this cycle at the early voting centers.
I plan to update this post with video we took today, and at the early voting centers.
I am unclear if and how the board's decision can be appealed, perhaps through the state administrative procedures act. Since I am currently without counsel, I doubt I will be able to figure it out in time.
The meeting had been scheduled for wednesday, then, when I turned in my affidavits on monday, I was told that it was rescheduled for friday at 1 pm.
When we arrived at 1:12 pm, the board was adjourning, and had already denied all id-related ballots, including mine.
I had my hand up within moments of the announcement of ajournment, but was not recognized. I was told that there was no opportunity for public comment.
Although they had notice, via the affidavits and my communications with their counsel - I am suing them over two prior incidents where I was denied even a provisonal ballot - they did not notify me, or, I think, any of the other challenged voters. they did, no doubt, post a notice on the bulliten board at city hall 48 hours before the meeting, but there was nothing on the county online calendar or the clerk's homepage, when checked about 3 pm.
So I see possible issues under the open meeting statute, due process, and the state constitution's due course of law clause. I don't know if there are hava issues here. They had been warned that if they did not count my ballot, I will plan to bring another lawsuit based on hava and constitutional violations documented this cycle at the early voting centers.
I plan to update this post with video we took today, and at the early voting centers.
I am unclear if and how the board's decision can be appealed, perhaps through the state administrative procedures act. Since I am currently without counsel, I doubt I will be able to figure it out in time.
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