Curtis Hill draws criticism for 'reckless' challenge of early-voting case

Show Caption Hide Caption A look inside Marion County's limited early voting Absentee voting in Hamilton County grew in 2016 with the addition of early polling places. Why was Marion County limited to just one?

A late effort by Attorney General Curtis Hill to challenge an agreement establishing early voting sites in Marion County has drawn rebukes from a government watchdog, the local NAACP branch, the Marion County Election Board and the state’s top election official, Secretary of State Connie Lawson.

Hill in a Tuesday filing in federal court said an agreement that Common Cause Indiana and the Indianapolis NAACP reached with the Marion County Election Board to add early voting sites is contrary to Indiana law and the public interest. He said election boards should decide voting sites, not courts of law.

Common Cause Indiana, the Indianapolis NAACP and the election board all said Wednesday that Hill needs to get his facts right. Lawson called his action "reckless."

Tony Dungy on national anthem: Give players time at mic

'Broken promises': AT&T workers rally in Indianapolis

Hill in a written statement said he disagrees with the characterization that he opposes early voting sites in Marion County. "That is not true, and our position in court, if successful, would not block early voting sites. Rather, it would leave the decision in the hands of the Marion County Election Board."

Lawson, a defendant in the original lawsuit, criticized Hill, a fellow Republican, for a lack of “professional courtesy” in notifying her of his filing.

“Satellite voting is a bipartisan effort, and the attorney general’s filing does not reflect the will of Marion County voters,” Lawson said in a written statement. “By his reckless action, the attorney general has disrupted more than 18 months of productive, bipartisan conversations.”

The agreement, or consent decree, was reached last month after U.S. District Court Judge Sarah Evans Barker in April issued a preliminary injunction ordering Marion County to open more early voting sites. The initial lawsuit, filed in May 2017 by Common Cause Indiana and the Indianapolis NAACP against the Marion County Election Board, argued that the county's failure to provide adequate voting locations had suppressed rights among minority communities.

The consent decree stipulated that the election board would establish five new locations for the November election and included additional guidelines for future primary and general elections.

Hill in his motion Tuesday argued that the addition of satellite voting sites requires unanimous approval of the election board but the consent decree was not unanimously approved.

The election board in a filing Wednesday said Hill is wrong. Its filing said the board unanimously approved the consent decree and pointed to several instances in which its members have expressed support for the new voting sites.

“The election board agreed – again with a bipartisan and unanimous vote – that rather than continuing litigation, it was wiser to settle this matter with the plaintiffs through the consent decree now approved by this court,” the motion says. “Yet the attorney general would apparently undo this constructive local public policy decision-making in the name of the state, for reasons that remain unclear.”

Hill's office did not answer questions submitted by IndyStar asking why he said the vote was not unanimous.

IndyStar investigation: Republicans limiting early voting in Marion County, letting it bloom in suburbs

In a separate filing Tuesday, Hill asked the court for a 30-day extension to file a notice of appeal in the case. The deadline to appeal is Thursday.

In both filings, Hill said his office needed more time. He said his office was allowed "very little time" to challenge the decree and that he did not receive notice of the court's approval of the decree until July 11, a day after it was approved by a judge.

A motion to approve the consent decree was entered July 3.

The day prior, IndyStar published allegations of sexual misconduct against Hill by four women. Over the next seven days, Hill faced calls to resign from political leaders — including many in his own party — and two of his accusers publicly shared their accounts.

What we know: Groping allegations against Attorney General Curtis Hill

Julia Vaughn, policy director for Common Cause Indiana, rejected the idea that Hill’s office did not receive adequate notification that the consent decree had been reached.

“They got the same notice as everybody else did,” Vaughn said. “Now, they may be distracted by other things going on in their office, but they got the same notice that was required by law and that everybody else got.”

Vaughn characterized Hill’s filing as “outrageous.”

"The attorney general needs to butt out,” she said. “He is not protecting the interest of Marion County voters, he’s not protecting the interests of voters at large in our state, he is simply trying to act in a partisan way to satisfy a few hardcore partisans.”

Chrystal Ratcliffe, president of the Indianapolis branch of the NAACP, encouraged voters to reach out to Hill’s office with their concerns.

“Their voices are very important, and he needs to hear that from them,” she said. “So whenever a community is disenfranchised and they speak out, it makes them stronger.”

Call IndyStar reporter Holly Hays at (317) 444-6156. Follow her on Twitter: @hollyvhays.

Early voting locations and hours

The following locations will be available to voters between Oct. 26 and Nov. 4:

Washington Township Government Center, 5302 N. Keystone Avenue, Suite B.

Lawrence Education and Community Center, 6501 Sunnyside Road.

Perry Township Government Center, 4925 Shelby St., No. 200.

Franklin Township Annex Learning Center, 6019 S. Franklin Road.

Eugene and Marilyn Glick Technology Center, 2620 N. Meridian St.

International Marketplace Coalition, 3685 Commercial Drive.

These locations will be open from 11 a.m. to 7 p.m. on weekdays and 10 a.m. to 5 p.m. on weekends. Hours for early voting at the City-County Building Downtown have not yet been announced.