Ruling Upheld on Indiana’s Absentee Voting

Indiana Attorney General Curtis Hill is applauding a federal court’s summary decision reversing a district court injunction that would have required Indiana election officials to count mailed absentee ballots received after the statutory deadline.

Indiana law says officials may count only those absentee ballots received by noon on Election Day.

In response to a lawsuit from Common Cause Indiana, however, a judge for the U.S. District Court for the Southern District of Indiana said that law is unconstitutional for the upcoming election because the COVID-19 pandemic has created a risk that ballots mailed close to Election Day will not be received on time.

The judge issued an injunction requiring the state to count absentee ballots received by 10 days after Election Day.

In response to the State’s motion to stay the injunction, the U.S. Court of Appeals for the 7th Circuit summarily reversed that ruling on Tuesday. The appellate court wrote that while the COVID-19 pandemic has “caused great loss,” it is “not a good reason for the federal judiciary to assume tasks that belong to politically responsible officials.”

Attorney General Hill praised the ruling, and has argued for weeks now that changes to Indiana’s election system this close to Election Day would do more harm than good.