Ballot Battle Popping in Indiana

A waiter at the restaurant said there was no Jimmy Johns at that address, adding that "It's a huge chain of restaurants."

Curley also provided an application for one Levy McIntosh of Gary, Ind. He said McIntosh is dead and provided a reporter with the death certificate on file with the same address listed on the voter application.

The date of birth on the two different forms varies by two years.

"More states are offering absentee balloting now," says Terri Ennis, a senior fellow of election law at Moritz College of Law at Ohio State University.

"It's in response to the inconvenience of 2004 with long lines," she says. "It's more convenient."

But since the landmark Bush v. Gore case transformed the 2000 presidential election, there has been an increase in the use of litigation to attempt to affect the outcome of elections.

"On the one hand, it's good to do this litigation as far in advance of the election as possible," Ennis says. "Every piece of election litigation always boils down to access versus fraud prevention."